501 Ky. Admin. Regs. 6:290 – Southeast State Correctional Complex.

RELATES TO:

KRS Chapters 196, 197, 439

STATUTORY AUTHORITY:

KRS 196.035, 197.020, 439.470, 439.590, 439.640

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for the Southeast State Correctional Complex.

Section 1. Incorporation by Reference.
1. (1) "Southeast State Correctional Complex policies and procedures", November 3, 2021, are incorporated by reference. Southeast State Correctional Complex policies and procedures include: SSCC 01-06-01Inmate Access to and Communication with SSCC StaffSSCC 01-07-01Institutional Tours of SSCCSSCC 01-08-01SSCC Cooperation with Outside Agencies Including Courts, Governmental, Legislative, Executive, and Community AgenciesSSCC 01-10-01Public Information and Media CommunicationSSCC 01-11-01Tobacco Products and Nicotine ProceduresSSCC 02-08-01Inmate CanteenSSCC 02-12-01Inmate AccountsSSCC 05-02-01Outside Consultation and ResearchSSCC 09-01-01Inmate CountsSSCC 09-02-01Inmate Substance Abuse TestingSSCC 09-03-01Inmate DeathSSCC 09-04-01Construction Crew Entry and Exit ProceduresSSCC 09-05-01Entry and Exit ProceduresSSCC 10-01-01Restrictive Housing UnitSSCC 11-01-01Food Service General Information & Staff Health StandardsSSCC 11-01-02Inmate Dining RoomSSCC 11-02-01Food Service SecuritySSCC 11-03-01Inmate Work Schedule for Food ServiceSSCC 11-04-01Meal Preparation and ServiceSSCC 11-04-02Menu, Nutrition, Special, and Individual DietsSSCC 12-01-01Clothing, Bedding, Hygiene Supplies, and Barber ShopSSCC 12-03-01Vermin and Insect ControlSSCC 13-02-01Medical Services Informed Consent, Sick Call, Physician's Clinics, Pill Call, and Medical Co-PaymentSSCC 13-02-02Emergency Medical Care and Specialized Health ServicesSSCC 13-02-03Continuity of Care: Health Evaluations, Intra-System Transfer, Individual Treatment PlansSSCC 13-03-01Use of Pharmaceutical ProductsSSCC 13-05-01Management of Serious and Infectious DiseasesSSCC 13-06-01Mental Health ServicesSSCC 13-07-01Suicide Prevention and Intervention ProgramSSCC 13-08-01Eye CareSSCC 13-09-01Dental CareSSCC 13-12-01Inmate Self Administration of MedicationSSCC 13-13-01Health Education Program and DetoxificationSSCC 13-14-01COVID-19 PrecautionsSSCC 14-02-01Legal Services ProgramSSCC 16-01-01Inmate VisitationSSCC 16-02-01Inmate MailSSCC 16-03-01Inmate Telephone CommunicationsSSCC 16-04-01Inmate PackagesSSCC 17-01-01Personal Property ControlSSCC 17-02-01SSCC Inmate Receiving and Orientation ProcessSSCC 17-03-01Television Repair ProcessSSCC 18-01-01Inmate ClassificationSSCC 18-02-01Meritorious HousingSSCC 18-02-02Meritorious VisitationSSCC 19-01-01Inmate Work ProgramSSCC 20-01-01Educational CoursesSSCC 21-01-01Library ServicesSSCC 22-01-01Recreation ProgramsSSCC 22-02-01Inmate Clubs and OrganizationsSSCC 22-03-01Arts and Crafts ProjectsSSCC 23-01-01Religious ServicesSSCC 24-01-01Social Services and Counseling ProgramSSCC 25-01-01Pre-Release ProgramSSCC 25-01-02Inmate Release ProcessSSCC 25-02-01Parole HearingsSSCC 26-01-01Citizen Involvement and Volunteer Service Program
2. (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Legal Services, Justice and Public Safety Cabinet, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections website at https://corrections.ky.gov/About/Pages/lrcfilings.aspx.

COOKIE CREWS, Commissioner

APPROVED BY AGENCY: October 5, 2021

FILED WITH LRC: November 3, 2021 at 3:00 p.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 21, 2022 at 9:00 a.m. at Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on January 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.

CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Amy Barker
1. (1) Provide a brief summary of:
  1. (a) What this administrative regulation does: This regulation incorporates by reference the policies and procedures governing the Southeast State Correctional Complex (SSCC).
  2. (b) The necessity of this administrative regulation: This regulation meets statutory requirements in KRS 196.035 and 197.020 and meets American Correctional Association (ACA) policy requirements.
  3. (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation governs the operations of the Southeast State Correctional Complex including rights and responsibilities of employees and inmates.
  4. (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation and material incorporated by reference provide direction and information to SSCC employees and inmates concerning employee duties, inmate responsibilities, and the procedures that govern operations of the institution.
2. (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
  1. (a) How the amendment will change this existing administrative regulation: Not applicable.
  2. (b) The necessity of the amendment to this administrative regulation: Not applicable.
  3. (c) How the amendment conforms to the content of the authorizing statutes: Not applicable.
  4. (d) How the amendment will assist in the effective administration of the statutes: Not applicable.
3. (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This affects approximately 245 employees and 584 inmates at the Southeast State Correctional Complex and all volunteers and visitors to the institution.
4. (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
  1. (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Staff, inmates, volunteers, and visitors will have to follow the policies and procedures.
  2. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): An exact cost of compliance is unknown, but is anticipated to be within the funds budgeted to the Department of Corrections for institutional operational costs.
  3. (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The operational changes will assist in the effective and orderly management of the institution.
5. (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
  1. (a) Initially: No additional cost is anticipated.
  2. (b) On a continuing basis: No additional cost is anticipated.
6. (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The Department of Corrections budgeted funds for Southeast State Correctional Complex for the biennium.
7. (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding is anticipated.
8. (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: The regulation does not establish any fee.
9. (9) TIERING: Is tiering applied? No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 196.035, 197.020, 28 C.F.R. §115.15, 28 C.F.R. §115.42
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
1. (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The regulation does not create any revenue for the institution.
2. (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The regulation does not create any revenue for the institution.
3. (c) How much will it cost to administer this program for the first year? The regulation impacts how the institution operates, but does not increase costs from what will be budgeted to the institution for the biennium.
4. (d) How much will it cost to administer this program for subsequent years? The regulation impacts how the institution operates, but is not expected to increase costs from what will be budgeted to the institution.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
1. Revenues (+/-):
2. Expenditures (+/-):
3. Other Explanation: