JUSTICE AND PUBLIC SAFETY CABINET

Department of Corrections

(Amendment)

 

      501 KAR 6:230. Little Sandy 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 any division therein. 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 Little Sandy Correctional Complex.

 

      Section 1. Incorporation by Reference. (1) "Little Sandy Correctional Complex Policies and Procedures," June 28, 2017[September 11, 2012], are incorporated by reference. Little Sandy Correctional Complex Policies and Procedures include:

LSCC 01-12-01 Public Information and Media Communication (Amended 6/28/17 [9/11/12])

LSCC 02-01-03 Fiscal Management Agency Funds (Amended 6/28/17[Added 4/14/08])

LSCC 06-01-01 Offender Records (Amended 6/28/17[Added 4/14/08])

LSCC 08-01-01 Occupational Exposure to Serious and Infectious Diseases (Amended 6/28/17[Added 2/15/08])LSCC 10-01-01 Restrictive Housing Unit (Amended 6/28/17[9/11/12])

LSCC 11-02-01 Food Service Security (Amended 6/28/17[Added 4/14/08])

LSCC 11-03-01 Dining Room Rules (Added 6/28/17)

LSCC 11-06-01 Health Requirement of Food Handlers (Amended 6/28/17[Added

2/15/08])

LSCC 11-07-01 Food Service: Inspections and Sanitation (Amended 6/28/17[Added 4/14/08])

LSCC 12-01-01 Clothing, Bedding, Hygiene Supplies and Barber Shop (Amended 6/28/17[9/11/12])

[LSCC 12-02-01 Sanitation Inspections (Amended 9/11/12)]

[LSCC 12-03-01 Vermin and Insect Control (9/11/12)]

LSCC 13-02-01 Sick Call, Clinic, and Pill Call (Added 6/28/17)

LSCC 13-02-02 Medical Services Co-payment (Added 6/28/17)

LSCC 13-02-03 Continuity of Care: Health Evaluations, Intra-System Transfer, Individual Treatment Plans (Amended 6/28/17[Added 2/15/08])

LSCC 13-03-01 Use of Pharmaceutical Products (Amended 6/28/17[Added 2/15/08])

LSCC 13-04-01 Health Records (Added 6/28/17)

LSCC 13-04-02 Psychological and Psychiatric Reports (Added 6/28/17)

LSCC 13-05-01 Management of Serious and Infectious Diseases (Added 6/28/17)

LSCC 13-08-01 Eye Care (Added 6/28/17)

LSCC 13-09-01 Dental Care (Added 6/28/17)

LSCC 13-10-01 Transfers and Medical Profiles (Added 6/28/17)

LSCC 13-11-01 Informed Consent (Added 6/28/17)

LSCC 13-12-01 Medical Annex (Added 6/28/17)

LSCC 13-13-01 Inmate Self-Administration of Medication (Amended 6/28/17[Added 2/15/08])

LSCC 13-15-01 Health Education and Detoxification (Added 6/28/17)

LSCC 14-02-01 Legal Services Program (Amended 6/28/17[Added 4/14/08])

LSCC 15-01-01 Drug Abuse Testing (Amended 6/28/17[Added 2/15/08])

LSCC 16-01-01 Inmate Visiting (Amended 6/28/17[Added 4/14/08])

LSCC 16-02-02 Inmate Correspondence and Privileged Mail (Amended 6/28/17[Added 2/15/08])

LSCC 16-03-01 Inmate Telephone Communications (Amended 6/28/17[Added 2/15/08])

LSCC 17-01-01 LSCC Inmate Property Control (Amended 6/28/17[Added 4/14/08])

LSCC 18-01-01 Inmate Classification (Amended 6/28/17[9/11/12])

LSCC 18-02-01 Meritorious Housing (Amended 6/28/17[Added 2/15/08])

LSCC 19-01-01 Inmate Work Program (Amended 6/28/17[Added 2/15/08])

LSCC 20-01-01 Educational Programs (Amended 6/28/17[9/11/12])

LSCC 22-02-01 Inmate Clubs and Organizations (Amended 6/28/17[Added 2/15/08])

LSCC 24-01-01 Social Services and Counseling Program (Added 6/28/17)

[LSCC 25-01-01 Pre-Release Program (7/11/12)]

LSCC 25-01-02 Inmate Release Process (Amended 6/28/17[Added 4/14/08])

LSCC 26-01-01 Citizen Involvement and Volunteer Services Programs (Amended 6/28/17[Added 2/15/08])

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m.

 

JAMES ERWIN, Acting Commissioner

      APPROVED BY AGENCY: June 13, 2017

      FILED WITH LRC: June 28, 2017 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 23, 2017, at 9:00 a.m. at the 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 was received by that date, the hearing may be cancelled. 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 August 31, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov .

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Amy Barker

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This regulation incorporates by reference the policies and procedures governing the Little Sandy Correctional Complex including the rights and responsibilities of employees and the inmate population.

      (b) The necessity of this administrative regulation: To conform to the requirements of KRS 196.035 and 197.020 and to meet American Correctional Association (ACA) standard requirements.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation governs the operations of the Little Sandy Correctional Complex.

      (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 employees and inmates concerning the procedures that govern operations of the institution.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment brings the Little Sandy Correctional Complex into compliance with ACA Standards and updates current practices for the institution.

      (b) The necessity of the amendment to this administrative regulation: To conform to the requirements of KRS 196.035 and 197.020 and update practices.

      (c) How the amendment conforms to the content of the authorizing statutes: The statutes authorize the Secretary or his authorized representative and the Commissioner to implement or amend practices or procedures to ensure the safe and efficient operation of the Little Sandy Correctional Complex.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment provides staff, inmates and visitors information concerning the effective and orderly management of the institution and updates its practices.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This affects 295 employees and 1022 inmates at the Little Sandy Correctional Complex and all volunteers and visitors to the institution.

      (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:

      (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 changes made in the policies and procedures. They will have to change their actions to comply with any operational changes made by this amendment.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No cost is anticipated.

      (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) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No increase in cost is anticipated.

      (b) On a continuing basis: No increase in cost is anticipated.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Little Sandy Correctional Complex budgeted funds.

      (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) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: The amendment does not establish any fee.

      (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? Little Sandy Correctional Complex.

      (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.

      (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.

      (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 amendment to this regulation does not generate any revenue for the Little Sandy Correctional Complex.

      (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 amendment to this regulation does not generate any revenue for the Little Sandy Correctional Complex.

      (c) How much will it cost to administer this program for the first year? The amendment to this regulation impacts how the institution operates, but does not increase costs from what will be budgeted to the Department of Corrections.

      (d) How much will it cost to administer this program for subsequent years? The amendment to this regulation impacts how the institution operates, but does not increase costs from what will be budgeted to the Department of Corrections.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: