RELATES TO:
KRS 439.179,
441.055,
441.125,
532.100
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 196.035 authorizes the secretary to
promulgate administrative regulations he or she deems necessary or suitable for
the proper administration of the functions of the cabinet or any division in
the cabinet, including qualification for the receipt of federal funds and for
cooperation with other state and federal agencies.
KRS 532.100(5) (d) requires the
Department of Corrections to promulgate administrative regulations establishing
required programs for a jail that houses state inmates under
KRS 532.100(5).
KRS 441.055 requires the Department of
Corrections to promulgate administrative regulations establishing minimum
standards for jails that house state prisoners. This administrative regulation
establishes procedures for prisoner programs and services in those
jails.
Section 1. Work Programs.
(1) Written policy and procedure shall
provide that prisoner programs and services shall be available and include
social services, religious services, recreation and leisure time activities,
and library services.
(2) Sentenced
prisoners who perform work as authorized by
KRS 441.125 may receive rewards in the form of
sentence reductions or other privileges, if granted by the proper
authority.
(3) Written policy and
procedure shall provide that unsentenced prisoners shall not be required to
work except to do personal housekeeping.
Section 2. Education Programs.
(1) The jail shall develop a policy and
procedure that encourages the implementation of education programs in the jail.
The use of community resources in these efforts shall also be encouraged to
offset the costs of the programs.
(2) Education programs may be made available
in accordance with
KRS 439.179.
(3) State prisoners shall be provided the
opportunity to attend adult basic education programs or to pursue a general
educational development (GED) diploma.
Section 3. Library Services. If resources are
available in the community, library services may be made available to all
prisoners.
Section 4. Religious
Programs.
(1) Written policy and procedure
shall ensure the constitutional rights of prisoners to voluntarily practice
their own religious activities, subject to those limitations necessary to
maintain the order and security of the jail.
(2) The jailer or designee shall ensure that
an inmate has the opportunity to participate in practices of his religious
faith in accordance with the Religion Reference Manual incorporated by
reference in
501 KAR 6:080. For specific situations not addressed in the
Religion Reference Manual, the jailer or designee may refer to department
Policy and Procedure 23.1 incorporated by reference in
501 KAR 6:020.
(3)
Inmate responsibilities.
(a) Upon entry into
the correctional system, an inmate's religious preference shall be recorded on
the inmate I.D. form.
(b) After
three (3) months, an inmate may change his religious preference by contacting
the jailer or designee.
(c) It
shall be the inmate's responsibility to seek a job or program assignment that
does not conflict with his religious beliefs and practices.
Section 5. Recreation
Programs.
(1) Written policy and procedure
shall provide all prisoners with the opportunity to participate in at least one
(1) hour of physical exercise per day with at least three (3) exercise periods
per week outside the cell. There shall be available one (1) hour of outdoor
recreation two (2) times per week if weather permits. Prisoners who pose a
threat to the safety and security of the jail shall be denied outdoor
recreation.
(2) Leisure time and
recreation programs shall be scheduled to permit prisoners to participate in
board games, arts and crafts, radio and television, or other activities
designed to relieve idleness and boredom.
Section 6. Programs for State Prisoners.
(1) State prisoners may be provided the
opportunity to participate in work programs in accordance with
KRS 441.125.
(2) Substance abuse programs. State prisoners
shall be provided the opportunity to participate in self-help substance abuse
programs offered within the jail. State prisoners who apply for treatment and
are accepted by the Division of Addiction Services, shall be allowed to
participate in the substance abuse program (SAP), if space is available or may
be housed in jails offering the program, if space is available.
(3) Evidence based programs. Eligible state
prisoners may be provided the opportunity to participate in evidence based
programming offered within the jail with the approval of department staff.
State prisoners who complete evidence based programming may be eligible to
receive program completion credit, in accordance with CPP 15.4 incorporated by
reference in
501 KAR 6:020.
Section 7. Required Documents. The jail may
provide required documents to prisoners in an electronic format.
