RELATES TO: KRS 441.045, 441.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the
secretary to promulgate administrative regulations necessary or suitable for
the proper administration of the functions of the cabinet or any division in
the cabinet. KRS 441.055(1) requires the Department of Corrections to
promulgate administrative regulations establishing minimum standards for jails
that house state prisoners. This administrative regulation establishes
admission, search, and release procedures for restricted custody
centers.
Section 1. Policy and
Procedure. Each center shall develop written admission, orientation, and
release procedures to be included in the center's policy and procedure
manual.
Section 2. Admission.
(1) Jail personnel shall ensure that each
prisoner is transferred under proper legal authority by a duly authorized
officer.
(2) Prisoner records shall
be delivered to the center when the prisoner is admitted. The admitting jail
personnel shall make certain that all required forms are complete and that
information is current.
Section
3. Searches.
(1) Jail personnel
shall conduct a search of each prisoner and his possessions upon admission.
(a) Each prisoner shall be searched for
contraband in a manner jail personnel reasonably determine is necessary to
protect the safety of fellow prisoners, jail personnel, and facility security.
The search shall be conducted in a private area and in a manner which protects
the prisoner's dignity to the extent possible in that particular
center.
(b) A prisoner may be strip
searched only on reasonable suspicion that is based upon the existence of
objective information that may predict the likelihood of the presence of a
weapon, drugs, or other item of contraband concealed on a particular prisoner.
Reasonable suspicion may be based upon one (1) or more of the following
examples:
1. A current felony offense,
fugitive status, or past felony conviction involving violence or drug
charges;
2. Institutional behavior,
reliable information, or history that indicates possession or manufacturing of
a dangerous contraband, the refusal to submit to a clothed pat down search, or
a clothed pat down search reveals the possession of a dangerous
contraband;
3. Contact with the
public by a contact visit, court appearance that takes place in an area to
which the public may have access, or after transport from or through an area to
which the public may have access; or
4. The court has ordered commitment to
custody after arraignment, conviction, sentencing, or other court appearance
and the prisoner was not in custody prior to the court appearance.
(c) The jailer shall require that
a strip search or body cavity search be documented in writing. Documentation
shall include:
1. Basis for reasonable
suspicion to conduct a search;
2.
Date and time of search;
3. Name of
prisoner;
4. Name of person
conducting search;
5. Type of
search; and
6. Result of
search.
(d) A strip
search shall be conducted by jail personnel of the same sex as the prisoner,
and in a private area.
(e) Probing
of body cavities shall:
1. Not be done unless
there is reasonable suspicion to believe that the prisoner is carrying
contraband in a body cavity; and
2.
Be conducted in a private location, under sanitary conditions, by a licensed
medical professional, acting within his statutory scope of practice.
(2) Each center shall
develop written policies and procedures specifying the personal property that a
prisoner may retain in his possession.
(a)
Cash or personal property taken from a prisoner upon admission shall be listed
by complete description on a receipt form, and securely stored pending the
prisoner's release. The receipt shall be signed by the receiving jail personnel
and the prisoner.
(b) Personal
property released to a third party shall have the prisoner's signature of
approval and the signature receipt of the third party.
Section 4. Orientation.
(1) The prisoner shall sign to indicate if he
has received an oral and a written copy of the prisoner orientation
information. This document shall be placed in the prisoner's file. Special
assistance shall be given to any illiterate or non-English speaking
prisoner.
(2) The orientation shall
provide the prisoner with information regarding his confinement, including the
following:
(a) Information pertaining to
rising and retiring, meals, mail procedures, work assignments, telephone
privileges, visitation, correspondence, commissary, medical care, and other
matters related to the conditions of the prisoner's confinement;
(b) Rules of prisoner conduct established
pursuant to
501 KAR 7:060, Section 1(3);
(c) Disciplinary procedures;
(d) Information regarding work, educational
and vocational training, counseling, and other social service programs;
and
(e) Procedures for making a
request or registering a complaint with the center's jail personnel or
department personnel. Prisoners shall follow the grievance procedure and attach
a copy of the grievance forms if requesting a review by the
department.
Section
5. Release.
(1) Written legal
authorization shall be required prior to the release or removal of a prisoner
from confinement.
(2) When any
prisoner is released or removed for any legal purpose to the custody of
another, the identity of the receiving authority shall be verified.
(3) A written record shall be kept of the
time, purpose, date, and authority for release or removal from confinement, and
into whose custody the prisoner is released or removed.
(4) Prior to the release or removal of a
prisoner, the receiving authority shall sign an authorized release
form.
(5) Before jail personnel
releases a prisoner to an out-of-state jurisdiction, jail personnel shall
consult with the appropriate prosecutorial office in the county.
(6) Property, not legally confiscated or
retained, receipted from the prisoner upon admission shall be returned to the
prisoner when the prisoner is released.
(7) Each prisoner shall sign a receipt for
property returned at the time of release.
(8) A complaint regarding property returned
shall be submitted in writing with specific details within twenty-four (24)
hours from the time of release.
Section 6. Transfer.
(1) The jailer shall develop policy and
procedure to determine the conditions under which a prisoner becomes ineligible
to remain at the restricted custody center and shall be transferred to the
secure jail.
(2) A prisoner
transferred to the secure jail shall be accompanied by:
(a) An incident report specifying the reasons
for the transfer;
(b) The
prisoner's record; and
(c) The
prisoner's personal property.