501 KAR 3:010 - Definitions for 501 KAR Chapter 3
RELATES TO: KRS 67A.028, 67B.020(1), 441.005, 441.045, 441.055, Ky. Const. Sec. 99, 152, 42 U.S.C. 15601-15609
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 definitions for 501 KAR Chapter 3, regulating full-service jail facilities.
Section
1. Definitions.
(1) "Automatic
fire extinguishing system" means an approved system of devices and equipment
that automatically detects a fire and discharges an approved fire extinguishing
agent onto or in the area of a fire in accordance with
815 KAR 7:120.
(2) "Ceiling" means the overhead area in any
area of the jail which is below the secure deck.
(3) "Cell" means an area for housing no more
than two (2) prisoners.
(4)
"Commissioner" is defined by
KRS 196.010(2).
(5) "Dayroom" means a secure area with
controlled access from the prisoner living area, to which prisoners may be
admitted for daytime activities including dining, bathing, and selected
recreation or exercise.
(6) "Deck"
means the secure overhead area of the jail, which is part of the security
perimeter.
(7) "Department" is
defined by KRS 441.005(5).
(8) "Detoxification area" means an area used
to hold one (1) or more chemically impaired persons temporarily during the
detoxification process until they can care for themselves.
(9) "Direct supervision area" means an area
used to house seventy (70) or fewer prisoners in which jail personnel is always
present and directly supervising the prisoners.
(10) "Dormitory" means:
(a) An area equipped for housing not less
than three (3) nor more than thirty-six (36) persons; or
(b) If in a direct supervision area, an area
equipped for housing not more than seventy (70) persons.
(11) "Full-service jails" means jails that
may house state prisoners pursuant to
KRS 441.055 and that meet the standards
established by 501 KAR Chapter 3.
(12) "Governing authority" means a county
fiscal court, urban-county government, charter county government, consolidated
local government, unified local government, or regional jail
authority.
(13) "Jail" means:
(a) A jail as defined by
KRS 441.005(1)
(b) A regional jail as defined by
KRS 441.005(7); or
(c) A correctional services division as
created by KRS 67A.028.
(14) "Jail administrator" means:
(a) The official appointed by a regional jail
authority and charged with the responsibility of administering the regional
jail defined by KRS 441.005(7);
(b) The administrator or executive director
of a department as defined by
KRS 67B.020(1); or
(c) The administrator or director of a
correctional services division as created by
KRS 67A.028.
(15) "Jail personnel" is defined by
KRS 441.005(6).
(16) "Jailer" meansthe official duly elected
or appointed pursuant to Section 99 or 152 of the Kentucky Constitution,
charged with the responsibility of administering the jail.
(17) "Medical authority" means the person or
persons licensed to provide medical care to prisoners in the jail's
custody.
(18) "Passive Holding
Area", "Diversion Holding Area", or "Temporary Holding Area" means an area used
to hold one (1) or more persons temporarily while awaiting processing, booking,
court appearance, or discharge, or until they can be moved to a general housing
area.
(19) "Pat" or "frisk" means a
manual search of a clothed person and includes a visual inspection of the open
mouth.
(20) "Penal type" means
furnishings, fixtures, and equipment approved by the department.
(22) "Prisoner" is defined by
KRS 441.005(3).
(23) "Prisoner living area" means a group of
rooms or cells that provide housing for the prisoner population.
(24) "Probing of body cavities" means a
manual or instrument search of a person's oral, anal, vaginal, or other body
cavity, performed by medical personnel.
(25) "Religion Reference Manual" means the
Kentucky Department of Corrections Religion Reference Manual incorporated by
reference in
501 KAR 6:080.
(26) "Sally port" means a covered vehicular
drive-through, located adjacent to the jail intake area.
(27) "Security area" means a defined space
whose physical boundaries have controlled ingress and egress.
(28) "Security vestibule" means a defined
space that promotes security by the use of two (2) or more doors used to
contain and observe those who pass.
(29) "Sexually abusive conduct" means:
(a) Sexual contact, sexual intercourse, and
deviate sexual intercourse, as defined by
KRS 510.010;
(b) Sexual abuse as defined by
28 C.F.R.
115.6; and
(c) Other types of similar sexually based
conduct.
(30) "Sick
call" means the evaluation and treatment of an ambulatory patient in a clinical
setting, either on or off site of the jail, by the medical authority.
(31) "Special Needs Area" means an area used
to hold one (1) prisoner for observation when displaying violent, erratic, or
suicidal behavior or expressing suicidal ideations.
(32) "Strip search" means a body search
during which a person is required to open or remove clothing, during which a
person is subject to visual inspection of the torso, female breast, genital
area, anal area, and other body cavities.
(33) "Telehealth" means the use of
interactive audio, video, or other electronic media to deliver health care. It
includes the use of electronic media for diagnosis, consultation, transfer of
health or medical data, and continuing education.
Notes
STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055
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