PENITENTIARIES

KRS tit. XVII, ch. 197

in effect

KRS 197.010 Definitions for chapter

197.010. Definitions for chapter Definitions as used in this chapter, unless the context otherwise requires: (1) "Cabinet" means the Justice and Public Safety Cabinet; (2) "Classification" means the systematic assignment of a prisoner to a custody level, program, and penitentiary; (3) "Department" means Department of Corrections; (4) "Eligible sexual offender" means a sexual offender for whom the sentencing court, department officials, or both have determined that he or she: (a) Has demonstrated evidence of a mental, emotional, or behavioral disorder, but not active psychosis or an intellectual disability; and (b) Is likely to benefit from the program; (5) "Institution" means any institution under the control of the Department of Corrections; (6) "Life skills program" means a program that provides strategies for offenders to assist in removing barriers to successful reintegration into the community and addresses skill areas, including time management, money management, use of technology, communication, and social skills; (7) "Penitentiaries" includes the state penal institutions for males at Eddyville, LaGrange, the Green River Correctional Complex, the Luther Luckett Correctional Complex, the Kentucky Correctional Institute for Women, the Northpoint Training Center, the Roederer Correctional Complex, the Eastern Kentucky Correctional Complex, the Western Kentucky Correctional Complex, Frankfort Career Development Center, Blackburn Correctional Complex, and Bell County Forestry Camp, together with the branches thereof, any private prison as provided by KRS 197.500, and any other similar institutions hereafter established; (8) "Promising practices" means programs and strategies that have some research or data showing positive outcomes, but do not have enough evidence yet to meet the standard of an evidence-based program; (9) "Sexual offender" means any person convicted of, pleading guilty to, or entering an Alford plea to a sex crime as defined in KRS 17.500; and (10) "State agency" means any department, board, commission, or agency of the state government. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 141, sec. 3, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 116, sec. 1, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 146, sec. 26, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 85, sec. 230, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 21, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 418, sec. 3, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 43, effective July 14, 1992; and ch. 445, sec. 4, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 315, sec. 1, effective July 13, 1990; and ch. 497, sec. 9, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 106, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 344, sec. 20, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1964 Ky. Acts ch. 165, sec. 1. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828c-1.

KRS 197.020 Administrative regulations to be promulgated by Department of Corrections -- Fee for use of medical facilities -- Reimbursement of telehealth consultations -- Use of jail medical facilities by state prisoner governed by KRS 441.045 -- Department not required to promulgate administrative regulations regarding death penalty -- Public posting on website

197.020. Administrative regulations to be promulgated by Department of Corrections -- Fee for use of medical facilities -- Reimbursement of telehealth consultations -- Use of jail medical facilities by state prisoner governed by KRS 441.045 -- Department not required to promulgate administrative regulations regarding death penalty -- Public posting on website (1) The Department of Corrections shall: (a) Promulgate administrative regulations for the: 1. Government and discipline of the penitentia ry; 2. Government and official conduct of all officials connected with the penitentiary; and 3. Government of the prisoners in their deportment and conduct; (b) Promulgate administrative regulations for the: 1. Character of food and diet of the prisoners; 2. Preservation of the health of the prisoners; 3. Daily cleansing of the penitentiary; 4. Cleanliness of the persons of the prisoners; 5. General sanitary government of the penitentiary and prisoners; 6. Character of the labor; 7. Quantity of food and clothing; and 8. Length of time during which the prisoners shall be employed daily; (c) Promulgate administrative regulations, as the departme nt deems necessary, for the disposition of abandoned, lost, or confiscated property of prisoners; (d) Promulgate administrative regulations for the administration of a validated risk and needs assessment to assess the criminal risk factors and correctional needs of all inmates upon commitment to the department; (e) Promulgate administrative regulations to: 1. Create a certification process for county jails that may house female state inmates. The administrative regulations shall include a requirement of a physical barrier between male and female inmates; and 2. Require telehealth services in county jails; and (f) Cause the administrative regulations promulgated by the department, together with the law allowing commutation of time to prisoners for good conduc t, to be printed and posted in conspicuous places in the cell houses and workshops. (2) The department may impose a reasonable fee for the use of medical facilities by a prisoner who has the ability to pay for the medical and dental care. These funds may be deducted from the prisoner's inmate account. A prisoner shall not be denied medical or dental treatment because he or she has insufficient funds in his or her inmate account. (3) The department may promulgate administrative regulations in accordance with KRS Chapter 13A to implement a program that provides for reimbursement of telehealth consultations. (4) Fees for the use of medical facilities by a state prisoner who is confined in a jail pursuant to KRS 532.100 or other statute shall be governed by KRS 441.045. (5) Notwithstanding any other provision of law, the Department of Corrections shall not be required to promulgate administrative regulations regarding the death penalty and may prescribe and implement execution protocols and procedures by internal policy, memorandum, or other form of action without proceeding through the administrative regulations process established in KRS Chapter 13A. (6) Any internal policy, memorandum, or other action adopted by the department under subsection (5) of this section shall be publicly available on the department's website. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 181, sec. 2, effective July 15, 2026. -- Amended 2022 Ky. Acts ch. 230, sec. 12, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 109, sec. 4, effective April 24, 2020. -- Amended 2018 Ky. Acts ch. 115, sec. 3, effective July 14, 2018. -- Amended 2011 Ky. Acts ch. 2, sec. 27, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 8, sec. 2, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 231, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 376, sec. 23, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 406, sec. 3, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 44, effective July 14, 1992; and ch. 445, sec. 5, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 21, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1966 Ky. Acts ch. 255 sec. 188. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216c -4. Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 3 of that Act.

KRS 197.022 Personal attendance of state prisoner in civil action -- Transportation orders -- Payment of costs -- Participation of prisoner in action by alternative methods allowed

197.022. Personal attendance of state prisoner in civil action -- Transportation orders -- Payment of costs -- Participation of prisoner in action by alternative methods allowed (1) Whenever a court finds the personal attendance of a state prisoner is necessary in a civil action and orders the Justice and Public Safety Cabinet or its agent or any law enforcement officer to transport a prisoner in connection with the civil action, the party requesting that the state prisoner be transported to the hearing shall pay the transportation cost, which shall include the estimated round trip cost, including the state mileage rate and the estimated associated salary cost of correctional staff. (2) The court shall cause all transportation orders to be delivered to the warden or jailer of the detention facility where the prisoner resides. As soon as practicable after the receipt of the order, the warden or jailer shall notify the prisoner and the court of the total transportation cost. If the payment is not received twenty-four (24) hours in advance of the scheduled hearing, no transportation shall be provided, irrespective of the order of the court commanding the Justice and Public Safety Cabinet or its agent or other law enforcement officer to transport a prisoner. (3) To the extent practicable, any action concerning a prisoner in which the court has determined that the prisoner's participation is required or permitted may be conducted by telephone, video conference, or other telecommunications technology without removing the prisoner from the facility in which the prisoner is confined. (4) The provisions of this section pertaining to payment of transportation costs shall not apply to parties who have been determined by the court to be indigent within the meaning of KRS Chapter 31 or other applicable law. (5) The Justice and Public Safety Cabinet shall promulgate an administrative regulation or regulations governing this process. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 139, sec. 9, effective June 26, 2007. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

KRS 197.023 Duty to maintain grievance reports -- Open record -- Content -- Destruction

197.023. Duty to maintain grievance reports -- Open record -- Content -- Destruction (1) Each facility operated by the Department of Corrections or under contract to the department shall maintain reports of all grievances by inmates during a calendar year. A grievance report shall be an open public record and made available to any person who requests to see the file at the site as long as the inmate has signed a waiver of confidentiality. (2) Each grievance report shall contain the date the grievance was filed, the nature of the grievance, the name of the individual filing the grievance as well as the name of the person preparing the report, the residence, the county, actions taken by the facility, and the date the report was filed. The report shall be signed by an administrator or officer of the facility. (3) With the written permission of the inmate, a photocopy of the file may be made and the content may be released to the public. The facility may require a ten cent ($0.10) per page copying fee. (4) All grievance reports may be destroyed after December 31 of the following year. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 135, effective July 15, 1998.

KRS 197.025 Restrictions on access to inmate and facility records -- Appeal procedure -- Restrictions on access to policies and procedure

197.025. Restrictions on access to inmate and facility records -- Appeal procedure -- Restrictions on access to policies and procedure (1) KRS 61.870 to 61.884 to the contrary notwithstanding, no person shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person. (2) KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual. (3) KRS 61.870 to 61.884 to the contrary notwithstanding, all persons confined in a penal facility shall challenge any denial of an open record with the Attorney General by mailing or otherwise sending the appropriate documents to the Attorney General within twenty (20) days of the denial pursuant to the procedures set out in KRS 61.880(2) before an appeal can be filed in a Circuit Court. (4) KRS 61.870 to 61.884 to the contrary notwithstanding, the Department of Corrections shall refuse to accept the hand delivery of an open records request from a confined inmate. (5) KRS 61.870 to 61.884 to the contrary notwithstanding, all records containing information expunged pursuant to law shall not be open to the public. (6) The policies and procedures or administrative regulations of the department which address the security and control of inmates and penitentiaries shall not be accessible to the public or inmates. The Administrative Regulations Review Subcommittee's review process for any of these policies and procedures or administrative regulations, which may be filed with the regulations compiler, shall be conducted in closed sessions and held confidential. (7) KRS 61.870 to 61.884 to the contrary notwithstanding, upon receipt of a request for any record, the department shall respond to the request within five (5) days after receipt of the request, excepting Saturdays, Sundays, and legal holidays, and state whether the record may be inspected or may not be inspected, or that the record is unavailable and when the record is expected to be available. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 139, sec. 8, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 11, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 345, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 406, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 334, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 418, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 45, effective July 14, 1992; and ch. 445, sec. 6, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 497, sec. 22, effective July 13, 1990.

KRS 197.030 Department may contract for construction of railroads on penitentiary property

197.030. Department may contract for construction of railroads on penitentiary property The Department of Corrections may enter into a contract with any railroad company for the construction of railroad switches, sidetracks, or spurs into the yards of the penitentiaries of the state, and may sell and convey rights-of-way owned by the state to any railroad company, and may grant rights-of-way to railroads across any penitentiary property of the state. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 46, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 22, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216c-4.

KRS 197.035 Computation of consecutive or concurrent sentence

197.035. Computation of consecutive or concurrent sentence (1) A sentence, on conviction of a felony, imposed upon a confined prisoner for a crime committed prior to the date of his instant commitment, if designated to be served consecutively, shall be added to the sentence or sentences being served. (2) If the additional sentence is designated to be served concurrently, or the commitment is silent, he shall be considered as having started to serve said sentence on the day he was committed on the first sentence. Effective: October 1, 1963 History: Created 1963 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 8, effective October 1, 1963.

KRS 197.041 Credit for period confined on reversal and second conviction

197.041. Credit for period confined on reversal and second conviction If a defendant is confined in the penitentiary during the pendency of an appeal and, on reversal, is again convicted, he shall be given credit for the period so confined in determining his date of eligibility for parole and his date of release by expiration of sentence. History: Created 1962 Ky. Acts ch. 234, sec. 17.

KRS 197.045 Credit on sentence for prior confinement, educational accomplishment, good behavior, or meritorious service -- Requirement of completion of sex offender treatment program for eligible sexual offenders -- Forfeiture of credit for certain dismissals of inmates' civil actions -- Payments for jails upon prisoner completion of department-approved program and sentence credit

197.045. Credit on sentence for prior confinement, educational accomplishment, good behavior, or meritorious service -- Requirement of completion of sex offender treatment program for eligible sexual offenders -- Forfeiture of credit for certain dismissals of inmates' civil actions -- Payments for jails upon prisoner completion of department-approved program and sentence credit (1) Any person convicted and sentenced to a state penal institution: (a) Shall receive a credit on his or her sentence for: 1. Prior confinement as specified in KRS 532.120; 2. Successfully receiving a High School Equivalency Diploma or a high school diploma, a college degree, a completed vocational or technical education program, or a correspondence postsecondary education program which results in a diploma or degree, as provided, defined, and approved by the department in the amount of ninety (90) days per diploma, degree, or technical education program completed; 3. Successfully completing a drug treatment program, evidence -based program, or any other promising practice or life skills program approved by the department, in the amount of not more than ninety (90) days for each program completed. The department shall determine criteria to establish whether a life skills or promising practice program is eligible for sentence credits. Programs shall demonstrate learning of skills necessary for reintegration into the community to minimize barriers to successful reentry. Approval of programs shall be subject to review by the cabinet; and (b) May receive a credit on his or her sentence for: 1. Good behavior in an amount not exceeding ten (10) days for each month served, to be determined by the department from the conduct of the prisoner; 2. Performing exceptionally meritorious service or performing duties of outstanding importance in connection with institutional operations and programs, awarded at the discretion of the commissioner in an amount not to exceed seven (7) days per month; and 3. Acts of exceptional service during times of emergency, awarded at the discretion of the commissioner in an amount not to exceed seven (7) days per month. (2) Except for a sentencing credit awarded for prior confinement, the department may forfeit any sentencing credit awarded under subsection (1) of this section previously earned by the prisoner or deny the prisoner the right to earn future sentencing credit in any amount if during the term of imprisonment, a prisoner commits any offense or violates the rules of the institution. (3) When two (2) or more consecutive sentences are to be served, the several sentences shall be merged and served in the aggregate for the purposes of the sentencing credit computation or in computing dates of expiration of sentence. (4) Until successful completion of the sex offender treatment program, an eligible sexual offender may earn sentencing credit. However, the sentencing credit shall not be credited to the eligible sexual offender's sentence. Upon the successful completion of the sex offender treatment program, as determined by the program director, the offender shall be eligible for all sentencing credit earned but not otherwise forfeited under administrative regulations promulgated by the Department of Corrections. After successful completion of the sex offender treatment program, an eligible sexual offender may continue to earn sentencing credit in the manner provided by administrative regulations promulgated by the Department of Corrections. Any eligible sexual offender, as defined in KRS 197.410, who has not successfully completed the sex offender treatment program as determined by the program director shall not be entitled to the benefit of any credit on his or her sentence. A sexual offender who does not complete the sex offender treatment program for any reason shall serve his or her entire sentence without benefit of sentencing credit, parole, or other form of early release. The provisions of this section shall not apply to any sexual offender convicted before July 15, 1998, or to any sexual offender with an intellectual disability. (5) (a) The Department of Corrections shall, by administrative regulation, specify the length of forfeiture of sentencing credit and the ability to earn sentencing credit in the future for those inmates who have civil actions dismissed because the court found the action to be malicious, harassing, or factually frivolous. (b) Penalties set by administrative regulation pursuant to this subsection shall be as uniform as practicable throughout all institutions operated by, under contract to, or under the control of the department and shall specify a specific number of days or months of sentencing credit forfeited as well as any prohibition imposed on the future earning of sentencing credit. (6) Starting in fiscal year 2021-2022 and through fiscal year 2023-2024, if a state prisoner is confined in a jail pursuant to KRS 532.100 and earns sentencing credits under subsection (1)(a)2. or 3. of this section while confined in that jail, at the end of that prisoner's period of confinement in that jail, the department shall pay a fee to the unit of local government or regional jail authority responsible for the administration of that jail as follows: (a) For every Department of Corrections-approved program completed which resulted in the issuance of a ninety (90) day sentencing credit, a payment of one thousand dollars ($1,000) shall be made; (b) For every Department of Corrections-approved program completed which resulted in the issuance of a sixty (60) day sentencing credit, a payment of six hundred dollars ($600) shall be made; and (c) For every Department of Corrections-approved program completed which resulted in the issuance of a thirty (30) day sentencing credit, a payment of three hundred dollars ($300) shall be made. (7) The provisions in subsection (1)(a)2. of this section shall apply retroactively to July 1, 2018. Effective: April 7, 2021 History: Amended 2021 Ky. Acts ch. 194, sec. 4, effective April 7, 2021. -- Amended 2019 Ky. Acts ch. 116, sec. 2, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 63, sec. 25, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 94, sec. 5, effective July 15, 2014. -- Amended 2013 Ky. Acts ch. 69, sec. 9, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 146, sec. 27, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 36, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 107, sec. 3, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 22, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 345, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 24, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 118, sec. 6, effective July 15, 1996; and ch. 145, sec. 6, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 42, effective July 14, 1992; and ch. 445, sec. 7, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 12, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 344, sec. 23, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 14 6, sec. 1. -- Amended 1970 Ky. Acts ch. 90, sec. 1. -- Amended 1962 Ky. Acts ch. 109, sec. 1. -- Created 1956 Ky. Acts ch. 102, sec. 1. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 5, c, (3) at 2099.

KRS 197.047 Credit on sentence for work on governmental services program-related project -- Eligibility -- Computation of credit -- Forfeiture of credit

197.047. Credit on sentence for work on governmental services program-related project -- Eligibility -- Computation of credit -- Forfeiture of credit (1) (a) As used in this section, "governmental services program-related project" means a project involving work for: 1. The Commonwealth or an agency of the Commonwealth; or 2. A county, urban-county, charter county, city, consolidated local government, special district, or an agency of any of these entities. (b) Work on a governmental services program shall not confer private benefit on a person except as may be incidental to the public benefit. (2) The department shall promulgate an administrative regulation governing prisoners working on governmental services program-related projects. (3) A prisoner shall not begin work on a particular governmental services program- related project without the approval of the director of the relevant entity referred to in subsection (1)(a) of this section, or the director's designee. (4) Participation in governmental services program-related projects shall not be deemed employment for any purpose, and a prisoner shall not be deemed an employee or agent of the entity for which he or she performs the community service work. (5) A Department of Corrections administrative regulation shall set forth the amount of compensation a prisoner shall earn for any work-related project, and any prisoner who works on a governmental services program shall receive an amount equal to one-half (1/2) of the established compensation for such work and shall be eligible to receive a sentence credit as set forth below. (6) The sentence credit provisions of this section shall not apply to a prisoner who is serving a: (a) Sentence of imprisonment for life without possibility of parole; (b) Sentence for a violent offense as defined in KRS 439.3401; (c) Sentence for escape or attempted escape; or (d) Sentence for a sex crime as defined in KRS 17.500. (7) The department may grant sentence credits to inmates confined in a detention facility for labor performed in a governmental services program or within a detention facility for the maintenance of the facility or for the operation of facility services such as food service. (8) Credit, if granted, shall be uniform and shall be based on the following: (a) For every eight (8) full hours of work, one (1) sentence credit shall be earned; (b) For every five (5) sentence credits earned, one (1) day of the sentence to be served by the inmate shall be deducted; and (c) Sentence credits shall be deducted from the maximum expiration date of the sentence. (9) The department may forfeit any credit previously earned by the prisoner or deny the prisoner the right to earn this work credit or the right to earn work credit in any amount if, during the term of imprisonment, a prisoner commits any offense or violates the rules of the institution. (10) Any other provision of law to the contrary notwithstanding, the labor of state inmates shall not be used on any construction, building, or building maintenance project outside the prison where use of such labor would reduce skilled employment opportunities of citizens of the Commonwealth. Skilled employment includes but is not limited to labor ordinarily performed by skilled tradespersons. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 79, sec. 1, effective June 24, 2003.

KRS 197.050 Warden to inform prisoners of law on escapes

197.050. Warden to inform prisoners of law on escapes The warden of the penitentiary shall cause each prisoner, when received into the penitentiary, to be informed of the contents of Chapter 520 and KRS 506.010. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 401, sec. 3, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188, sec. 147, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1233.

KRS 197.055 Education program on AIDS -- Policies for inmates -- Testing program

197.055. Education program on AIDS -- Policies for inmates -- Testing program (1) The Department of Corrections, in conjunction with the Cabinet for Health and Family Services, shall establish a mandatory introductory and continuing education program on human immunodeficiency virus and acquired immunodeficiency syndrome for all inmates. Programs shall be specifically designed for inmates while incarcerated and in preparation for release into the community. Consideration shall be given to cultural and other relevant differences among inmates in the development of educational materials and shall include emphasis on behavior and attitude change. The education program shall be continuously updated to reflect the latest medical information available. (2) If there is evidence that an inmate, while in the custody of the department, has engaged in behavior which places the inmate at a high risk of transmitting or contracting a human immunodeficiency disorder, the department shall begin a testing program which is consistent with guidelines of the Centers for Disease Control and recommendations of the correctional medical authority and shall target persons who have been involved in or reasonably thought to have been involved in a high-risk behavior. For purposes of this subsection, "high-risk behavior" includes: (a) Sexual contact with any person within the institution; (b) The use of intravenous drugs; (c) Tattooing; and (d) Any other activity medically known to transmit the virus. (3) The results of the tests shall become a part of that inmate's medical file, accessible only to persons designated by agency administrative regulations. (4) The department shall establish policies consistent with guidelines of the Centers for Disease Control and recommendations of the correctional medical authority on the housing, physical contact, dining, recreation, and exercise hours or locations for inmates with immunodeficiency disorders as are medically indicated and consistent with the proper operation of its facilities. (5) The department shall report to the General Assembly by July 1 each year as to the implementation of this program and the participation by inmates and staff. (6) If an inmate is involved in a situation with a department employee which could result, according to the institution's physician, in the transmission of the human immunodeficiency virus infection, the inmate shall be tested. (7) All testing procedures, disclosure, and payment shall be pursuant to KRS 438.250. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 171, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 131, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 309, sec. 3, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 47, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 443, sec. 36, effective July 13, 1990. Legislative Research Commission Note (11/19/91). No subsection (3) was contained in this statute as enacted in 1990 Acts ch. 443, sec. 36. Pursuant to KRS 7.136(1), the Reviser of Statutes has renumbered the subsections of this statute to correct this problem.

KRS 197.057 Course for inmates on prevention of pediatric abusive head trauma

197.057. Course for inmates on prevention of pediatric abusive head trauma (1) The department shall make available a one and one-half (1.5) hour course for inmates that addresses the prevention of pediatric abusive head trauma, as defined in KRS 620.020. In addition to presenting the consequences of vigorously shaking an infant or young child, this course shall suggest methods of calming crying infants, techniques for caregivers to use to calm themselves when confronted with an infant that is crying inconsolably, and discuss selecting appropriate care providers for infant children. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric abusive head trauma approved by the secretary of the Cabinet for Health and Family Services. (2) The department shall encourage local jails to provide a course similar to that described in subsection (1) of this section. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 171, sec. 5, effective July 15, 2010.

KRS 197.065 Classification and segregation of prisoners in penal institutions -- Transfer between institutions

197.065. Classification and segregation of prisoners in penal institutions -- Transfer between institutions (1) The commissioner shall classify all prisoners and segregate the prisoners in all of the state penal institutions and reformatories according to their past records, the probability of their being rehabilitated, the influence such prisoners might exert upon fellow prisoners, and for any other purpose that the commissioner, in his discretion, may deem sufficient for the discipline of the prisoners in any institution or reformatory, and for the rehabilitation of any prisoners. (2) For the purposes of carrying out subsection (1) of this section, the commissioner shall direct and compel the transfer of any prisoner from any penal institution or reformatory, irrespective of the order of the court committing the prisoner to any one (1) institution or reformatory. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 49, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 24, effective July 15, 1982. -- Created 1942 Ky. Acts ch. 31, secs. 1 and 2.

KRS 197.070 Employment of prisoners -- Manufacture of clothing -- Industrial training

197.070. Employment of prisoners -- Manufacture of clothing -- Industrial training (1) The Department of Corrections shall provide employment for all prisoners in the penitentiaries and it shall exhaust every resource at its command to provide employment for all prisoners in its custody. (2) The department shall acquire necessary equipment and materials and have manufactured all clothing, except that privately furnished, that is needed for the usual and suitable clothing of all state prisoners, and of all inmates in all state institutions, who are required to be clothed by the state. The department shall acquire equipment for the manufacture and production of all other state supplies, that in the reasonable discretion of the department is deemed practicable, and shall have the products manufactured, sold, and distributed as provided in this chapter. (3) The department shall establish industrial training in the penitentiaries and shall classify state prisoners according to the uses for prison labor and ability and talent of the prisoners, utilizing the best available local talent and other talent that may be obtained at an economical and practical cost, and shall select a suitable number of guards with the qualifications, when possible, and thereby avoid duplicate expense. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 50, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 25, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1968 Ky. Acts ch. 76, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828c- 3.

KRS 197.105 Prison Industry Enhancement Certification Program (PIECP) -- Lease of labor of state prisoners within department's facilities for production of nonagricultural goods for sale to public and private buyers

197.105. Prison Industry Enhancement Certification Program (PIECP) -- Lease of labor of state prisoners within department's facilities for production of nonagricultural goods for sale to public and private buyers (1) The department may administer a Prison Industry Enhancement Certification Program (PIECP) and may lease the labor of state prisoners within the boundaries of the state's Department of Corrections facilities for the production of nonagricultural goods for sale to both public and private buyers, if the department meets the conditions set out in this section. This section shall apply only to the leasing of labor in accordance with a PIECP and not to programs otherwise operated by Kentucky Correctional Industries. (2) The department shall not lease the labor of a prisoner who does not consent in writing to the leasing of that prisoner's labor. (3) The department shall retain full responsibility for the care, custody, and control of the prisoner and shall supply appropriate security an d custody services without cost to the person leasing the labor. (4) The department shall ensure that the prisoner is paid wages at a rate not less than that paid for work of a similar nature in the locality in which the work takes place, as determined by the Education and Labor Cabinet, and never less than the federal minimum wage. The final decision on the appropriate wage, in keeping with federal and state labor and wage laws, shall be made by the Education and Labor Cabinet. (5) The department shall not allow a prisoner whose labor has been leased under this section to: (a) Engage in work that would result in the displacement of employed workers in the specific Department of Corrections locale. As used in this paragraph, a displaced employed worker is: 1. A civilian worker employed in the same task by the employer leasing or applying to lease prisoner labor, who would lose his or her job if the prisoner labor were leased; or 2. A civilian worker who is employed full-time and, as a result of the prisoner labor lease, is forced to work part -time, regardless of wage increase. A civilian worker is not considered displaced for the purposes of this paragraph if the civilian worker remains employed in a job acceptable to that worker and at equal or higher wages than that worker previously received. The employer shall provide whatever retraining is required of the civilian worker at no cost to the civilian worker; (b) Labor in a skill, craft, or trade in which there is a surplus of labor for that skill, craft, or trade in that specific Department of Corrections locale; (c) Perform any work that would impair existing contracts for goods or services; (d) Perform leased work outside of Department of Corrections facilities; or (e) Perform leased construction work inside or outside Department of Corrections facilities. (6) Before the commencement of an y leased labor project at a Department of Corrections facility under this section, the department shall: (a) Receive a written projection from the Education and Labor Cabinet that the leased labor project shall not result in acts prohibited by subsection (5)(a) to (c) of this section; (b) Receive written documentation from the employer leasing or applying to lease prisoner labor agreeing to not displace any of its nonprisoner employees with leased prisoner labor; (c) Have written documentation of consultation with local unions representing labor in the specific Department of Corrections facility's locale in any skill, craft, or trade in which a prisoner may labor at that facility. If a local union is not available, the department shall consult with a similar statewide union. The department shall present this information to the Kentucky State Corrections Commission; (d) Have written documentation of consultation with local private businesses that may be economically impacted by the leased labor project. The department shall present this information to the Kentucky State Corrections Commission; and (e) Have written documentation of compliance with the National Environmental Policy Act (NEPA). (7) The leasing of prisoner labor shall not be deemed to create an employer-employee relationship between the person leasing the labor of the prisoner and the prisoner. However, the person leasing the labor of the prisoner shall provide for workers' compensation coverage for the prisoner and, if applicable, Social Security coverage for the prisoner. (8) A prisoner, as a condition of participation in a program operating under the provisions of this section, shall agree to the deductions from the prisoner's earnings set out in this subsection. The department or the person leasing the labor of the prisoner shall deduct, in the following order, from a prisoner's gross wages: (a) If the prisoner is the subject of a court or administrative order for the support of a dependent, no less than twenty-five percent (25%) for the payment of the court or administratively ordered support. These deducted wages shall be paid to the Office of the Attorney General's Child Support Enforcement Program for disbursement in accordance with federal and state law; (b) Twenty percent (20%) to be paid to the crime victim's compensation fund established in KRS 49.480; (c) Applicable federal, state, and local taxes, including Social Security if applicable; and (d) Reasonable room and board fees established by the department by administrative regulation. Total deductions from a prisoner's gross wages shall not exceed eighty percent (80%). (9) The department shall require any person leasing the labor of a prisoner to post bond, with good surety, in an amount determined by the department, against any judgment that may be entered against the department arising from the leasing of prisoner labor to that person. (10) In leasing prisoner labor under this section, the department shall seek to have the labor leased to the highest responsible bidder. (11) The department shall provide for reasonable access to the grounds of the Department of Corrections facilities for the person leasing the inmate labor and for the location of the work and the transporting and siting of equipment and supplies, with the security of the public being paramount. (12) The department may promulgate administrative regulations to implement the provisions of this section. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 6, effective July 1, 2025. -- Amended 2022 Ky. Acts ch. 236, sec. 96, effective July 1, 2022. -- Created 2017 Ky. Acts ch. 158, sec. 27, effective June 29, 2017; and ch. 167, sec. 21, effective June 29, 2017. Legislative Research Commission Note (6/28/2019). Subsection (8)(b) of this statute, as created under 2017 Ky. Acts ch. 158, sec. 27, and amended in ch. 167, sec. 21, contained a reference to "the crime victims' compensation fund created under KRS 346.185." This reference has been changed to read "the crime victims' compensation fund created under KRS 49.480." KRS 346.185 was repealed, reenacted as KRS 49.480, and amended by 2017 Ky. Acts ch. 74, sec. 48, but the reference noted above was not changed to conform with the renumbering during codification. The Reviser of Statutes has made this change under the authority of KRS 7.136(1)(e). Legislative Research Commission Note (6/29/2017). The text of this statute was created in 2017 Ky. Acts ch. 158, sec. 27 and amended in 2017 Ky. Acts ch. 167, sec. 21.

KRS 197.110 Administrative regulations relating to classification, work, and pay of prisoners

197.110. Administrative regulations relating to classification, work, and pay of prisoners The Department of Corrections shall promulgate administrative regulations it deems necessary and proper in relation to: (1) The classification of prisoners; (2) The terms and conditions under which prisoners may be assigned to work under the direction of any other state agency; (3) The adequate care, supervision, guarding, discipline, maintenance, transportation, and housing of prisoners when assigned to work outside of the prison. The department shall ascertain from the jailer of the county in which the work is being carried on if accommodations are available, and shall place as many prisoners as possible under the care of the jailer; (4) The payment of money to prisoners and their dependents for work performed, including the amount to be paid and the manner of the payment and distribution thereof; (5) Any other purposes as the department deems necessary and proper for carrying out the intent of this chapter. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 232, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 211, sec. 51, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 26, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1958 Ky. Acts ch. 126, sec. 26. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828b-11.

KRS 197.120 Employment of prisoners by other state agencies -- Restriction

197.120. Employment of prisoners by other state agencies -- Restriction (1) The Department of Corrections may enter into contracts with any other state agency for the use and employment of prisoners who may be eligible for the assignments. The contracts shall specifically set forth the compensation to be paid to the Department of Corrections for the use and employment of the prisoners, for the payment of the expenses of transporting, guarding, housing, disciplining, and maintaining the prisoners while so employed. The amount to be paid shall be certified by the contracting parties to the Finance and Administration Cabinet at the end of each month and shall be charged to the appropriation of the agency liable for the payment thereof and credited to the budget of the department to be disbursed and expended as it directs. Any contract may provide for a fixed per diem compensation to be paid to the department for each day's work performed by the prisoner and the department shall pay, out of the per diem compensation, the expenses of transporting, guarding, disciplining, housing, and maintaining prisoners as may be provided in the contracts. (2) The Department of Corrections shall not enter into any contract with the Department of Revenue for the use or employment of prisoners in any capacity that allows prisoners access to taxpayer information, including, but not limited to, tax returns, informational reporting returns, social security numbers, telephone numbers, or addresses. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 618, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 383, sec. 1, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 52, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 27, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1); and Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828b-12.

KRS 197.130 Prisoners not to be required to work outside prison -- Exceptions

197.130. Prisoners not to be required to work outside prison -- Exceptions (1) Prisoners confined in the penitentiaries shall not be required to work outside of the walls or enclosures of the prison except: (a) On the construction or maintenance of public roads and bridges; (b) On the making and preparing of materials for public roads and bridges; (c) On work upon the public works of the state; (d) On state farms; or (e) During pestilence or in the case of the destruction of prison buildings when such prisoners cannot be confined within the prison walls or enclosures. (2) Prisoners shall not be used in any county for work in the construction, improvement or maintenance of any highway without the consent of the fiscal court of the county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828b-13.

KRS 197.140 Prisoners not eligible to be worked outside prison

197.140. Prisoners not eligible to be worked outside prison No prisoner who is serving a sentence for rape, attempted rape, or who has been convicted of robbery in the first degree, assault in the first degree, or who has been sentenced to life imprisonment shall be worked or released for work outside of the walls of the prison until he has actually served within the walls of the prison for at least one (1) year of his sentence and has been classified as minimum custody according to the Department of Corrections classification system. No prisoner who has escaped or attempted to escape from an adult correctional institution or local detention center or jail within the past five (5) years shall be worked or released for work outside of the walls of the prison. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 53, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 10, effective July 13, 1990. -- Amended 1974 Ky. Acts ch. 386, sec. 34. -- Amended 1964 Ky. Acts ch. 166, sec. 1. -- Amended 1948 Ky. Acts ch. 120, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828b-10.

KRS 197.150 Prisoners or dependents to receive compensation for work outside prison -- Prisoners with dependents to have preference

197.150. Prisoners or dependents to receive compensation for work outside prison -- Prisoners with dependents to have preference (1) The administrative regulations made by the Department of Corrections shall provide some definite compensation to be paid to each prisoner or his dependents for each day he works outside of the prison. The department shall collect information concerning the number and requirements of the dependents of each prisoner, and those with families of greatest dependency shall be given preference in assignments to work outside of the prison, if the record, physical ability, and conduct of the prisoner warrants preference. (2) The administrative regulations may provide that any infraction of the regulations or of the regulations governing the discipline of the prisoners, either while confined within the walls of the prison, or while engaged in employment outside the prison, shall work a forfeiture of the benefits authorized in this section, either in whole or in part, in the discretion of the department. Payments to the prisoners or their dependents as authorized by this section shall be made subject to the regulations, as other expenses of the department, but only out of the funds made available under the provisions of the particular contract under which the prisoners have been employed. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 54, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 28, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828b-14.

KRS 197.160 Governor or his designee to approve contracts

197.160. Governor or his designee to approve contracts Before any contract authorized by KRS 197.120 becomes effective, it shall be approved by the Governor, or his designee in the Finance and Administration Cabinet, in writing. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 497, sec. 20, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3828b-15.

KRS 197.170 Release of prisoner -- Parties to be notified -- Means of providing notice -- Posting of notice received by law enforcement officers

197.170. Release of prisoner -- Parties to be notified -- Means of providing notice -- Posting of notice received by law enforcement officers (1) (a) The wardens of the state penitentiaries upon the release of any prisoner or inmate from confinement shall immediately notify: 1. The Circuit Court, the Commonwealth's attorney of the district, and the sheriff of the county where the inmate was sentenced; 2. The Circuit Court, the Commonwealth's attorney of the district, the county attorney and sheriff of the county, and the chief of police of the city and county, to which the inmate is released; and 3. Any victim, as defined in KRS 421.500, who has requested that he or she be notified on release of a particular inmate who victimized him or her and who has forwarded a current address and telephone number to the Department of Corrections. (b) The notice shall give the residence of the person released and the name of the person to whom he or she was released. The provisions of KRS Chapter 202A notwithstanding, the Department of Corrections may release to the public the information that a petition to involuntarily hospitalize a prisoner has been filed concerning any inmate who is scheduled to be released from custody. (2) Notice under subsection (1) of this section shall be given by mail, fax, or electronic means at the discretion of the Department of Corrections in a manner to insure receipt. (3) Notices received by sheriffs and chiefs of police shall be posted in a conspicuous location where personnel employed by the department may see it. Notices posted under this subsection shall remain posted for not less than seven (7) days. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 150, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 606, secs. 96 and 121, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 396, sec. 8, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 435, sec. 2, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 293, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3827-1.

KRS 197.175 Release of prisoners on first day of month of sentence expiration

197.175. Release of prisoners on first day of month of sentence expiration The commissioner of the Department of Corrections may permit the release of the prisoners on the first day of the month in which their sentences would expire; if the first day of the month falls on Saturday, Sunday, or a legal holiday, the prisoners may be released on the last weekday of the preceding month. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 55, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 497, sec. 11, effective July 13, 1990.

KRS 197.180 Clothing and transportation to be furnished convict upon release

197.180. Clothing and transportation to be furnished convict upon release The Department of Corrections shall furnish to each convict, upon the termination of his sentence, or his release by pardon or parole, a suit of serviceable clothing, suitable to the season, and transportation to a county within the borders of the Commonwealth. The transportation shall be paid by the state and shall be nontransferable. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 56, effective July 14, 1992; and ch. 445, sec. 12, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 17, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 344, sec. 29, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 145, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3797. Legislative Research Commission Note (7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250.

KRS 197.200 Department may establish facilities for manufacture of products for use of governmental agencies

197.200. Department may establish facilities for manufacture of products for use of governmental agencies The department may purchase in the manner provided by law, equipment, raw materials, and supplies, and employ the supervisory personnel necessary to establish and maintain, industries at the penitentiary or any penal farm or institution of the department, for the purpose of utilizing the services of prisoners in the manufacture or production of articles or products, including license plates, road signs, and other articles and products needed for the construction, operation, maintenance, or use of any office, department, institution, or agency supported in whole or in part by this state or its political subdivisions. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 57, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 30, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Created 1954 Ky. Acts ch. 46, sec. 1.

KRS 197.210 Purchases of prison-made products by state agencies and political subdivisions

197.210. Purchases of prison-made products by state agencies and political subdivisions (1) (a) On and after June 17, 1954, all offices, departments, institutions, agencies, and all political subdivisions which are supported in whole or in part by the Commonwealth shall purchase, when economically feasible, from the department all articles or products required which are produced or manufactured by prison labor, as provided by KRS 197.200 to 197.250. No article or product shall be purchased by any office, department, institution, or agency, from any source except as specified in this subsection. (b) Exceptions may be made in any case where, in the opinion of the Finance and Administration Cabinet, the articles or products produced or manufactured do not meet the reasonable requirements of the offices, departments, institutions, agencies, or where the requisition cannot be reasonably complied with because of an insufficient supply of the articles or products required. However, no office, department, institution, or agency shall be allowed to evade the intent and meaning of KRS 197.200 to 197.250 by slight variations from standards adopted by the Office of Material and Procurement Services within the Office of the Controller, when the articles or products produced or manufactured by the department in accordance with the standards, are reasonably adapted to the actual needs of the office, department, institution, or agency. (2) All purchases under KRS 197.200 to 197.250 shall be made through the Finance and Administration Cabinet upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of the Commonwealth. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 619, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 5, sec. 10, effective July 14, 2000. -- Amended 1992 Ky. Acts ch. 211, sec. 58, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 31, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 293, sec. 2, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1); and Art V, sec. 24(14). -- Created 1954 Ky. Acts ch. 46, sec. 2.

KRS 197.220 Priority of state agencies in obtaining prison-made products

197.220. Priority of state agencies in obtaining prison-made products The articles or products manufactured or produced by prison labor in accordance with the provisions of KRS 197.200 to 197.250 shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions, and agencies which are supported in whole or in part by the Commonwealth, and, second, to supply the political subdivisions of this state with these articles and products. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 59, effective July 14, 1992. -- Created 1954 Ky. Acts ch. 46, sec. 3.

KRS 197.230 Prices

197.230. Prices The department, with the approval of the Finance and Administration Cabinet, shall establish the prices at which all articles or products manufactured or produced shall be furnished. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 60, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 32, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1); and Art. V, sec. 24(14). -- Created 1954 Ky. Acts ch. 46, sec. 4.

KRS 197.240 Use of moneys from sale of products

197.240. Use of moneys from sale of products All moneys collected by the department from the sale or disposition of articles and products manufactured or produced by prison labor in accordance with the provisions of KRS 197.200 to 197.250, shall be deposited with the State Treasurer and maintained as special revolving accounts, each designated as a "Trust and Agency Account." The moneys collected and deposited shall be used for the purposes of carrying out KRS 197.200 to 197.250, except that the moneys may be used for other than prison industry purposes within the department with the approval of the commissioner of the Department of Corrections and the Finance and Administration Cabinet. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 61, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 33, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1); and Art. V, sec. 24(14). -- Created 1954 Ky. Acts ch. 46, sec. 5.

KRS 197.250 Contracts for equipment, tools, supplies, and materials

197.250. Contracts for equipment, tools, supplies, and materials The department may enter into contracts approved by the State Property and Buildings Commission with any person or persons upon a self-liquidating basis respecting the acquisition and purchase of any equipment, tools, supplies, and materials, so that it may be paid for over a period of not exceeding five (5) years. The aggregate amount of the purchases or acquisitions shall not exceed two hundred and fifty thousand dollars ($250,000) unless specifically approved by the Governor and the amounts shall be payable solely out of the revenues derived from the activities authorized by KRS 197.200 to 197.250. Nothing in this section shall be so construed or interpreted as to authorize or permit the incurring of a state debt of any kind or nature as contemplated by the Constitution. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 62, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 34, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Created 1954 Ky. Acts ch. 46, sec. 6.

KRS 197.270 Voluntary chaplain program

197.270. Voluntary chaplain program (1) The administrator for each facility operated by the Department of Corrections or under contract to the department is encouraged to work with local religious leaders to provide a voluntary chaplain program. (2) An inmate shall be allowed at least one (1) visit per week by a minister, priest, or rabbi of the inmate's choice. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 131, effective July 15, 1998.

KRS 197.275 Access to religious publications or instructional materials

197.275. Access to religious publications or instructional materials Subject to restrictions for violations of rules, any inmate of a facility operated by or under contract to the department who requests religious publications or other religious instructional materials may receive them provided: (1) They have been purchased by or donated to the inmate; or (2) Donated to the institution for use by inmates; and (3) Do not constitute a threat to the security of the institution. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 133, effective July 15, 1998.

KRS 197.280 Definitions for section -- Restrictions on providing cosmetic service or elective procedure to inmates -- Exceptions

197.280. Definitions for section -- Restrictions on providing cosmetic service or elective procedure to inmates -- Exceptions (1) As used in this section: (a) "Cosmetic service or elective procedure" means any procedure, treatment, or surgery to enhance or alter the appearance of any area of the head, neck, and body, including but not limited to: 1. Prescribing or administering cross -sex hormones in amounts greater than would normally be produced endogenously in a healthy person of the same age and sex; and 2. Performing any gender reassignment surgery to alter or remove physical or anatomical characteristics or features that are typical for a person’s sex in order to instill or create physiological or anatomical characteristics that resemble a differe nt sex; (b) "Public funds" means any money, regardless of the original source of the money, of: 1. The Commonwealth of Kentucky or any department, agency, or instrumentality thereof; 2. Any county, city, local school district, or special district, or any department, agency, or instrumentality thereof; and 3. Any other political subdivision of the Commonwealth or any department, agency, or instrumentality thereof; and (c) "Sex" means the biological indication of male and female as evidenced by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth. (2) Except as provided in subsection (3) of this section, public funds shall not be directly or indirectly used, granted, paid, or distributed for the purpose of providing a cosmetic service or elective procedure to an inmate in a correctional facility. (3) If a health care provider has initiated a course of tre atment for an inmate that includes the prescription or administration of any drug or medication for a cosmetic service or elective procedure and the health care provider determines and documents in the inmate’s medical record that immediately terminating u se of the drug or medication would cause physical harm to the inmate, the health care provider may institute a period during which the inmate’s use of the drug or hormone is systematically reduced and eliminated. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 99, sec. 1, effective June 27, 2025.

KRS 197.290 Kentucky Community and Technical College System Prison Education Program -- Location -- Program availability to inmates -- Responsibilities of department and KCTCS -- Administrative regulations -- Program requirements

197.290. Kentucky Community and Technical College System Prison Education Program -- Location -- Program availability to inmates -- Responsibilities of department and KCTCS -- Administrative regulations -- Program requirements (1) The Kentucky Community and Technical College System Prison Education Program, or KCTCS Prison Education Program, is hereby established within the department to provide inmates with intensive, hands -on job training in high-demand workforce sectors. (2) The department shall enter into a memorandum of agreement with the Kentucky Community and Technical College System (KCTCS) as defined in KRS 164.001 in accordance with KRS 197.292 to provide academic instruction for the program. (3) (a) The program established in subsection (1) of this section shall be located on the grounds of the Northpoint Training Center. (b) The department shall: 1. Manage facility operations, including operations related to safety and security; 2. Be responsible for all maintenance and repair of the facilit y, utilities, and facility supplies; and 3. Provide inmate transportation to the facility, inmate meals and food services, and inmate housing that is segregated from the general prison population. (4) The program shall not be available to an inmate serving a sentence: (a) Of imprisonment for life without possibility of parole; (b) For escape or attempted escape; or (c) For a sex crime as defined in KRS 17.500. (5) (a) The department shall be responsible for the identification of candidates for the program, including recruitment and selection, in accordance with the restrictions set forth in subsection (4) of this section and as determined by the department. (b) Selection of candidates for the program shall inc lude consideration of: 1. Established security criteria; 2. Industry guidance for second-chance employment; and 3. The capacity of academic instructors to provide industry -recommended and high-need training. (6) An inmate who is selected and meets eligibil ity requirements shall be transported by the department to the Northpoint Training Center facility. (7) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A relating to: (a) The selection and eligibility of inmates for the program, including but not limited to the following criteria: 1. The inmate's academic background; 2. Vocational counseling or testing that indicates the inmate has an interest or aptitude for a particular trade; and 3. The inmate's willingness to abide by the attendance, academic, and behavioral requirements of the program; (b) The terms and conditions under which inmates may continue in the program; (c) The adequate care, supervision, guarding, disciplining, maintenance, transportation, and housing of inmates when assigned to the program; (d) Availability and accessibility of post-release services, including consideration of education and employment requirements in administering terms of probation and parole; (e) The collection of data to include: 1. The number of inmates: a. Participating in the program who receive an offer of employment prior to release; b. Who successfully complete the program; c. Who obtained employment following participation in the program; and d. Who were unsuccessful and the reason for removal from the program; and 2. Following completion of the program and release from the facility, the number of inmates with: a. Successful completion of parole; b. A violation of parole; c. A return to prison as a result of a parole violation and the date the inmate returned; and d. A return to prison as a result of the commission of a new offense; (f) Requirements of KCTCS employees, including: 1. Compliance with the department's institution al safety and facilities management policies and procedures; and 2. Participation in the department's drug -testing program, including random screenings and tests based upon reasonable suspicion of drug or alcohol impairment, as determined by the warden of the institution, and at the cost of the department if the test is administered at a department facility by a department vendor; (g) Policies to permit remote instruction or services during emergencies or pandemics, consistent with department and health adv isories of the Commonwealth; and (h) Any other regulations the department deems necessary and appropriate to carry out the requirements of this section. (8) Hours of classroom instruction shall model, to the extent possible, an average workday similar to what the inmate can expect to experience in employment upon release. (9) Instruction shall occur outside of any area accessible by the general population of the facility and inmates participating in the program shall be segregated from the general prison population at all times. (10) Potential employers shall have the opportunity to recruit and interview potential employees prior to parole. (11) KCTCS shall: (a) Construct a facility on the grounds of Northpoint Training Center to provide academic instruction for the prison education program established in this section; (b) Upon completion of the facility construction under paragraph (a) of this subsection, deed the facility to the department which will bear responsibility for management, operations, security, and maintenance. The details of the prison education program will be jointly determined by the department and KCTCS outlined in a memorandum of agreement between the parties; (c) Retain ownership, maintenance, and responsibility for all equipment related to academic instruction within the prison education program; (d) Ensure compliance with all applicable federal, state, and local laws; (e) Enter into and maintain all appropriate confidentiality and data protection agreements, including nondisclosure forms, for all academic instruction employees accessing Commonwealth data; (f) Provide academic instruction within the facility and all components required for instruction, including a learning management system; and (g) Determine program placement with regard to a participant's academic readiness. (12) This section shall not be interpreted to: (a) Create or confer upon any inmate any private right or benefit; or (b) Limit the discretion of the department in determining and maintaining operational and security r equirements of the department. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 64, sec. 1, effective July 15, 2026.

KRS 197.292 Memoranda of agreement between department and Kentucky Community and Technical College System -- Duties and responsibilities of department -- Duties and responsibilities of KCTCS -- Limitation

197.292. Memoranda of agreement between department and Kentucky Community and Technical College System -- Duties and responsibilities of department -- Duties and responsibilities of KCTCS -- Limitation (1) The memorandum of agreement required under KRS 197.290 between the department and the Kentucky Community and Technical College System (KCTCS): (a) Shall establish the duties and responsibilities of each party; and (b) May be amended by the parties as necessary, including the addition of terms not required under this section, to meet the needs of the program. (2) The duties and responsibilities of the department shall include: (a) Establishing rules of conduct for inmates participating in the program and maintaining decision-making authority related to any disciplinary action for violations of the rules established under this paragraph; (b) Marketing the program across correctional facilities throughout the Commonwealth with inmates who may meet eligibility requirements; (c) Providing training for each college employee entering the facility or communicating with an inmate, including necessary training related to safety, security, and relevant policies and procedures; (d) Providing training for each college employee entering the facility or communicating with a participating inmate virtually or in a distance format; (e) For the training required under paragraphs (c) and (d) of this subsection, providing modules related to: 1. Safety, security, and related policies and procedures; 2. The Prison Rape Elimination Act, 34 U.S.C. sec. 30301 et seq.; 3. Maintaining professional boundaries; and 4. The use of core correctional practices to effectively respond to behavior; (f) Providing KCTCS with necessary data to operate the program, includi ng: 1. The transfer and release dates of inmates participating in the program as required by the United States Secretary of Education under 34 C.F.R. sec. 668.239; 2. A roster of inmates approved for the program to be submitted to the college's designated office for each term; 3. Grades and course completions entered into the Kentucky Offender Management System; 4. Information to determine the last day of attendance; and 5. Information to assist in tracking graduates post -release; (g) Helping to facilitate required verification, identification, and financial aid documents with identified federal agencies for participation in the program; (h) Providing operational support to successfully carry out the program, including: 1. Adequate security staffing to support the inmates participating in the program at the KCTCS Prison Education Program campus and collaborating with external partners on reentry services; 2. Office space, copier access, and utilities at no cost to KCTCS; 3. Clear processes and systems to pay for education expenses, for use by inmates participating in the program; 4. Background checks of all KCTCS employees using the department's approved vendors and processes; 5. Maintenance and replacement of learning technology onsite to ensure continuity in the learning environment when technology malfunctions, including the use of department-issued tablets; and 6. Facilitating the purchase and acquisition of class supplies at the beginning of each academic term and charging the cost, along with books, to the participating inmate's financial aid account; and (i) Participating in joint meetings between the department and KCTCS to review program outcomes, security issues, and facility updates each term. (3) The duties and responsibilities of KCTCS shall include: (a) Establishing rules of academic conduct for inmates participating in the program and maintaining decision-making authority related to any disciplinary action for violations of the rules established under this paragraph; (b) Ensuring compliance with all applicable federal, state, and local laws related to student privacy and department security procedures; (c) Maintaining all instructional equipment that is provided by KCTCS within the facility, outside of learning technology that is part of the prison environment; (d) Providing marketing support for the program, including: 1. Brand guidelines; 2. Program information; 3. Transfer pathways; and 4. Public relations requests related to the program; (e) Developing and distributing a specific catalog or similar publication describing available programs, services for inmates participating in the program, curriculum maps, and delivery options; (f) Establishing and maintaining a companion website section to i nform participating inmate's families, department partners, and community supporters about the campus programs; (g) Managing partnership components pertaining to the educational status of participating inmates, including: 1. Initial college application completion and other educational records required for admission; 2. Academic records and materials to determine transfer credit and initial placement; 3. Free Application for Federal Student Aid (FAFSA) completion and submission, including eligibility criteria and financial aid payment options; 4. Facilitation of financial aid payments for tuition, books, and supplies on behalf of the participating inmate, ensuring no direct disbursements to the inmate; 5. Orientation for participating inmates each term addressing: a. College policies and procedures; b. Program requirements; c. FAFSA and payment plans; d. Code of student conduct and college student expectations; and e. Available support services; 6. Completion of graduation application and transfer enrollment i f desired; 7. Instructional materials that comply with the facility requirements of the department; and 8. Quality assurance processes, including: a. Course evaluations; b. Performance of the participating inmate; c. Syllabi review; and d. Faculty observation; (h) Providing and managing staffing related to the academic components of the program, including: 1. Qualified and credentialed in -person and online instructors for coursework; and 2. Admissions, financial aid, advising, online library, tutoring, vete ran support, transcript collection, and academic support services on -site at the facility; (i) Ensuring compliance with requirements of the Southern Association of Colleges and Schools Commission on Colleges and requirements of the Department of Education for the program; (j) Providing graduation ceremonies on-site; and (k) Working with the department and external partners to match inmates who have completed the program with employers and collecting and reporting job placement and data transfer on an annual basis. (4) The department and KCTCS shall negotiate the responsibility for the cost of licensing and certification examinations if required by an academic program offered in the facility. (5) This section shall not be interpreted to: (a) Create or confer upon any inmate any private right or benefit; or (b) Limit the discretion of the department in determining and maintaining operational and security requirements of the department. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 64, sec. 2, effective July 15, 2026.

KRS 197.400 Specialized treatment program for sexual offenders

197.400. Specialized treatment program for sexual offenders The department shall operate a specialized treatment program for sexual offenders, hereinafter referred to as the "program." Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 63, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 478, sec. 1, effective July 15, 1986.

KRS 197.410 Definitions of "sexual offender," "eligible sexual offender," and "department."

197.410. Definitions of "sexual offender," "eligible sexual offender," and "department." (1) A person is considered to be a "sexual offender" as used in this chapter when he or she has been adjudicated guilty of a sex crime, as defined in KRS 17.500, or any similar offense in another jurisdiction. (2) A sexual offender becomes an "eligible sexual offender" when the sentencing court or department officials, or both, determine that the offender: (a) Has demonstrated evidence of a mental, emotional, or behavioral disorder, but not active psychosis or an intellectual disability; and (b) Is likely to benefit from the program. (3) "Department" is the Department of Corrections. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 28, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 401, sec. 31, effective April 11, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 186, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 64, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 18, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 478, sec. 2, effective July 15, 1986.

KRS 197.420 Department of Corrections to administer program -- Treatment in inpatient and outpatient environments -- Transfer -- Staff -- Data collection

197.420. Department of Corrections to administer program -- Treatment in inpatient and outpatient environments -- Transfer -- Staff -- Data collection (1) The department shall have the sole authority and responsibility for establishing by regulation the design of the specialized program created in KRS 197.400 to 197.440. (2) The program shall include diagnostic and treatment services in both inpatient and outpatient environments: (a) "Diagnostic services" shall include social and family histories, medical history, educational development, interpersonal development, criminal history, psychological screening, and pre-release evaluation; (b) "Treatment services" shall include individualized treatment plans to include individual, group, marital, and family counseling; psychoeducational courses to include sex education and victim personalization; and social skills development to include assertiveness training, stress management, and aggression management; and (c) The department shall have the authority and responsibility for establishing other educational and work programs necessary to complement treatment program objectives. (3) The department may transfer sexual offenders sentenced to its custody to the program and shall adopt administrative regulations concerning the transfer of sexual offenders. (4) All sexual offenders participating in the program may be housed separately from all other incarcerated inmates but shall be housed in accordance with the department's standard classification system. (5) The treatment staff of the program shall minimumly consist of the following staff: (a) A program director who has at least a master's degree in a recognized mental health field and six (6) years' clinical experience or a doctoral degree in a recognized mental health field and four (4) years' clinical experience. The director shall decide program policies and supervise all staff; (b) A clinical psychologist or a master's degree level psychologist for each two hundred (200) participants. At least one (1) clinical psychologist shall be a member of the staff at all times; and (c) A counselor for each fifty (50) participants. (6) The department shall establish a system of data collection and program evaluation so as to allow study of participating sexual offenders and their offenses and to measure the impact of the program on recidivism. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 65, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 478, sec. 3, effective July 15, 1986.

KRS 197.430 Agreements with public or private agencies

197.430. Agreements with public or private agencies The department may enter into agreements with public or private agencies in order to implement and operate the program created by KRS Chapter 197. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 66, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 478, sec. 4, effective July 15, 1986.

KRS 197.440 Sexual offender's communications which are privileged

197.440. Sexual offender's communications which are privileged Communications made in the application for or in the course of a sexual offender's diagnosis and treatment in the program between a sexual offender or member of the offender's family and any employee of the department who is assigned to work in the program, or approved provider, as defined in KRS 17.500, shall be privileged from disclosure in any civil or criminal proceeding, other than proceedings to determine the sentence, unless the offender consents in writing to the disclosure or the communication is related to an ongoing criminal investigation. The privilege created by this section shall not extend to disclosures made for the purpose of determining whether the offender should continue to participate in the program. The provisions of KRS 620.030 shall not apply to a communication made, received, or overheard if the communication is made pursuant to this section. The offender shall be informed in writing of the limits of the privilege created in this section. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 182, sec. 23, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 401, sec. 32, effective April 11, 2000. -- Amended 1992 Ky. Acts ch. 211, sec. 67, effective July 14, 1992; and ch. 445, sec. 8, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 478, sec. 5, effective July 15, 1986.

KRS 197.500 Definitions for KRS 197.505 to 197.525

197.500. Definitions for KRS 197.505 to 197.525 As used in KRS 197.505 to 197.525, unless the context otherwise requires: (1) "Adult correctional facility" means any minimum or medium adult penal or correctional facility operated for the purpose of housing convicted felons for the department; and (2) "Private provider" means a private legal entity authorized to do business in the Commonwealth and which is in the business of establishing, operating, and managing adult correctional facilities. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 233, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 606, sec. 93, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 418, sec. 17, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 68, effective July 14, 1992; and ch. 445, sec. 9, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 234, sec. 1, effective July 15, 1988.

KRS 197.505 Privatization of prisons -- Maintenance of designated security level of the facility -- Locations restricted

197.505. Privatization of prisons -- Maintenance of designated security level of the facility -- Locations restricted (1) The state may enter into contracts with a private provider to establish, operate, and manage adult correctional facilities. In all such contracts the state shall retain clear supervisory and monitoring powers over the operation and management of the adult correctional facility to insure that the inmates are properly cared for and that the employees of the facility and the public are adequately protected. (2) Any adult correctional facility operated by a private provider under this section shall ensure that all inmates housed in the facility, including those inmates housed under contract with another state, shall meet classification requirements as set forth by the department for the designated security level of the facility. (3) Any adult correctional facility contracted for pursuant to this section shall be constructed only in a county with an established Department of Kentucky State Police post or in a county in which at least two (2) State Police officers reside as a result of a duty assignment or in a county with a full-time police department. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 234, effective June 26, 2007. -- Amended 2003 Ky. Acts ch. 107, sec. 1, effective March 18, 2003. -- Amended 1994 Ky. Acts ch. 418, sec. 18, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 234, sec. 2, effective July 15, 1988.

KRS 197.510 Terms of contract -- Budget -- Annual audit -- Space requirements -- Staffing requirements -- Failure to provide required services, products, or facilities

197.510. Terms of contract -- Budget -- Annual audit -- Space requirements -- Staffing requirements -- Failure to provide required services, products, or facilities Any contract entered on or after July 15, 1988, between the state and a private provider for the operation and management of an adult correctional facility shall include terms which comply with at least the following: (1) Unless otherwise provided by KRS 197.505 to 197.525, any adult correctional facility contracted for pursuant to KRS 197.505 shall submit a plan to the department for achieving American Correctional Association standards within five (5) years, which is appropriate for the specific type of adult correctional facility; (2) The provisions of KRS Chapter 45A shall apply to any contract or any proposal for a contract authorized by KRS 197.505 to 197.525 for an adult correctional facility; (3) The adult correctional facility shall prepare an annual written budget of anticipated revenues and expenditures which is approved by the appropriate governing authority. The facility shall have written policies which govern revisions in the budget. The facility shall have a fiscal system which accounts for all income and expenditures on an on-going basis; (4) The adult correctional facility shall prepare and distribute to its governing authority and appropriate agencies including the department, at a minimum, the following documents: annual budget income and expenditure statements; funding source financial reports; and annual independent audit report; (5) The adult correctional facility shall have written fiscal policies and procedures adopted by the governing authority which include, at a minimum, internal controls, petty cash, bonding, signature control on checks, resident funds, and employee expense reimbursement; (6) There shall be an annual independent audit of the adult correctional facility. The facility shall have a written policy for inventory control of all property and assets and for purchasing and requisitioning supplies and equipment. The facility shall use a method which documents and authorizes wage payment to employees and consultants; (7) The private provider shall develop and implement a plan for the dissemination of information about the adult correctional facility to the public, government agencies, and the media. The plan shall be made available to all persons. All documents and records, except financial records, maintained by the private provider shall be deemed public records as defined by KRS 61.870 and be subject to the provisions of KRS 61.872 to 61.884; (8) The adult correctional facility shall conform to all applicable zoning ordinances and all applicable state and local building codes, including the Kentucky Building Code, 1983 edition and subsequent modifications or replacements thereto; (9) The adult correctional facility shall comply with all applicable laws and regulations of the local and state government regarding sanitation, food service, safety, and health. Copies of inspections completed by the appropriate authorities shall be sent to the department; (10) The adult correctional facility shall comply with the provisions of the Life Safety Code, 1983 edition, National Fire Protection Association 101 and the regulations of the state or the local fire safety authority, whichever has primary jurisdiction over the adult correctional facility. Copies of the inspections completed by the appropriate authorities shall be sent to the department; (11) A minimum of sixty (60) square feet of floor space per resident shall be provided in the living area of the adult correctional facility. Other areas to be provided shall include space and furnishings to accommodate group meetings of the residents, private counseling space with adequate furniture, and a visiting area; (12) The adult correctional facility shall provide a variety of indoor and outdoor recreational and leisure time activities to include but not be limited to television, radio, library materials, and recreational facilities. Telephone facilities shall be available on the premises which are accessible to residents; (13) The adult correctional facility shall provide a level and quality of programs at least equal to those provided by state-operated facilities that house similar types of inmates and at a cost that provides the state with a savings of not less than ten percent (10%) of the cost of housing inmates in similar facilities and providing similar programs to those types of inmates in state-operated facilities; (14) The adult correctional facility shall be staffed twenty-four (24) hours per day seven (7) days per week. The staffing pattern shall be adequate to insure close inmate surveillance and maintenance of security within the facility. The staffing pattern shall address the program, transportation, and security needs of the facility. In determining security need, the proximity of the facility to neighborhood and schools shall be considered; (15) The adult correctional facility shall have a written personnel policy and employees shall be given a copy. The personnel policies shall include, at a minimum: (a) Organization chart; (b) Employment practices and procedures including in-service training and staff developing; (c) Promotions; (d) Job qualifications and job descriptions; (e) Grievance and appeal procedures; (f) Employee evaluation; (g) Personnel records; (h) Benefits; (i) Holidays; (j) Leave; (k) Hours of work; (l) Salaries or the base for determining salaries; (m) Disciplinary procedures; (n) Termination; and (o) Resignation; (16) The adult correctional facility shall maintain written job descriptions and job qualifications for all positions in the facility, including job title, responsibilities of the positions, and required minimum experience and education. An affirmative action program shall be adopted by the governing authority. The correctional facility shall maintain a current, accurate, and confidential personnel record on each employee. The facility shall have written policy and procedures requiring an annual performance evaluation of all employees. This evaluation shall be reviewed and discussed with the employee; (17) Prior to employment, all employees of the adult correctional facility shall be subject to thorough background investigation to include criminal, medical, and employment history. All security employees of the facility shall be at least eighteen (18) years of age. The facility shall provide initial orientation for all new employees during the first week of employment. The facility shall comply with all governmental regulatory requirements related to employment and personnel practices. Personnel selection and assignments shall be based on merit; (18) The administrator of the adult correctional facility shall have a minimum of five (5) years' experience in corrections or law enforcement and five (5) years' experience in administration. The remaining staff of the facility shall have the same qualifications and training as the staff employed in similar positions in adult correctional facilities operated by the department; (19) The adult correctional facility shall provide the following services and programs, the extent to which shall be set forth in the contract between the state and the private provider but shall be consistent with the standards of the American Correctional Association: (a) Health and medical services; (b) Food services; (c) Mail, telephone use, and visitation; (d) Access to legal services and legal materials; (e) Vocational training; (f) Educational programs; (g) Counseling services including personal counseling; (h) Drug and alcohol counseling; and (i) Sanitation services; (20) The adult correctional facility shall have a written fire and emergency plan for the facility which shall be communicated to all employees and inmates and updated, if needed. The facility's written emergency plan shall be conspicuously posted in the facility. The facility staff shall document the conduct of quarterly emergency drills; (21) The adult correctional facility shall have a written policy restricting the use of physical force to instances of justifiable self-protection, prevention of property damage, and prevention of escapes, and only to the degree necessary. In compliance with applicable laws, the facility shall maintain and make public, written policies and procedures for conducting searches of residents and all areas of the facility, to control contraband and locate missing or stolen property. The facility shall have a written plan to control movement in and out of the facility. The facility shall have written procedures to account for the whereabouts of the residents at all times; (22) The adult correctional facility shall establish a procedure for inspecting all facility areas accessible to inmates for contraband and physical security at least weekly. Isolated security spot-checks shall be conducted daily. Items considered as contraband or items permitted in the facility shall be clearly defined in the facility's rules; (23) The adult correctional facility shall report all suspected felonies to the Department of Kentucky State Police for investigation. A written report shall be made of all extraordinary or unusual occurrences within twenty-four (24) hours of the occurrence. This report shall be placed in the inmate's folder and a copy forwarded to the department. All these occurrences shall be promptly reported to the department verbally prior to submission of the written report. Extraordinary or unusual occurrences shall include but not be limited to: (a) Death of a resident; (b) Attempted suicide or suicide; (c) Serious injury, whether accidental or self-inflicted; (d) Attempted escape or escape from confinement; (e) Fire; (f) Riot; (g) Battery, whether by a staff member or resident; (h) Sexual assaults; and (i) Occurrence of contagious or infectious disease or illness within the facility; (24) Each adult correctional facility shall have written policy and procedures for emergency situations including but not limited to: (a) Escapes; (b) Taking of hostages; (c) Riots; (d) Food poisoning; (e) Civil disturbances in the community; (f) Natural disaster; (g) Suicides; and (h) Other deaths and disorder; (25) The adult correctional facility shall adopt a written policy and procedures which shall insure that the constitutional rights of inmates to voluntarily practice their own religious activities are protected, subject only to those limitations necessary to maintain order and security of the facility; (26) The adult correctional facility shall adopt a written policy which shall be implemented to insure that no inmate or group of inmates is in a position of control or authority over other inmates; (27) The adult correctional facility shall have a policy and procedure for recommending awarding of meritorious good time for inmates in accordance with policies and procedures of the department. The procedures shall include formation of a committee to include an administrator to screen all recommendations. The recommendations shall be sent to the department. Recommendations for restoration of good time shall be screened by the same committee and forwarded to the department; (28) If the adult correctional facility operates a canteen, all profits shall be spent for recreational programs for inmates. Prices shall be in accordance with those established by the Department of Corrections Inmate Canteen Board; (29) The department shall have the authority to conduct periodic, scheduled, and unannounced inspections of the adult correctional facility during the term of the contract. The department shall generally observe and monitor the operations of the adult correctional facility at least once per week; (30) The contract shall provide a hold harmless clause by which the private provider agrees to indemnify, defend, and hold harmless the Commonwealth, its officers, agents, and employees from: (a) Any claims or losses for service rendered by the private provider, person, or firm performing or supplying services in connection with performance of the contract; (b) Any claims or losses to any person or firm injured or damaged by the erroneous or negligent acts of the private provider, its officers, or employees in the performance of the contract; (c) Any claims or losses resulting to any person or firm injured or damaged by the private provider, its officers, or employees by the publication, translation, reproduction, delivery, performance, use, or disposition of any data processed under the contract in a manner not authorized by the contract, or by federal or Commonwealth regulations or statutes; and (d) Any failure of the private provider, its officers, or employees to observe Kentucky laws, including but not limited to labor laws and minimum wage laws; (31) The contract shall require that the private provider give a performance bond to the Commonwealth as obligee, in form satisfactory to the Commonwealth, executed by a surety company authorized to do business in Kentucky and in the penal sum equal to: twenty percent (20%) multiplied by the maximum number of inmates to be housed in the adult correctional facility multiplied by three hundred sixty-five (365) and further multiplied by the rate to be paid the private provider per inmate per day; (32) The private provider shall provide public liability, property damage, and workers' compensation insurance, insuring, as they may appear, the interest of all parties of agreement against any and all claims which may arise out of the private provider's operations under the terms of this contract. If any carrier of the insurance exercises cancellation, notice shall be made immediately to the Commonwealth of the cancellation; and (33) As set forth within the contract between the Department of Corrections and the private provider: (a) Failure of the private provider to provide the required services, products, or facilities shall entitle the department to withhold from the contract an amount up to two (2) times the estimated value per day per inmate for the service, product, or facility during the entire length of time which the failure to provide exists; (b) The department shall in writing notify the provider of any failure to provide services, products, or facilities as required. A copy of the written notice shall be sent to the Finance and Administration Cabinet. The private provider shall have fourteen (14) calendar days from its receipt of the notice to abate the failure to provide and to notify the department of the corrective action taken by the private provider; (c) In the event the department determines that the failure to provide has not been abated within fourteen (14) calendar days after the initial notice, the commissioner of the Department of Corrections shall hold, or assign the matter to a hearing officer for, a hearing and issue findings of fact, conclusions of law, and a recommended order; (d) Failure to provide services, products, or facilities as required in this agreement shall result in an order to withhold from the contract an amount up to two (2) times the estimated value, as determined after a hearing, per day per inmate for the service, product, or facility during the entire length of time which the failure to provide exists; (e) The withholding shall continue until such time as the failure to provide is corrected in the manner stated in the order; (f) The department and private provider shall in good faith negotiate the actual fair value of the omitted service, product, or facility which shall be subtracted from the amount withheld. The balance of the withholding, if any, shall be promptly returned to the private provider upon final agreement of the department and private provider. Additional withholding from the contract shall be made by the department if an additional amount is due; and (g) The provider may appeal, within thirty (30) days, any order of the department to the Franklin Circuit Court. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 235, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 90, sec. 1, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 418, sec. 5, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 69, effective July 14, 1992; and ch. 445, sec. 10, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 234, sec. 3, effective July 15, 1988. Legislative Research Commission Note (7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250.

KRS 197.515 Performance evaluations

197.515. Performance evaluations The department shall annually conduct a performance evaluation of any adult correctional facility for which a private provider has contracted to operate. The department shall make a written report of its findings and submit this report along with any recommendations to the private provider and the Legislative Research Commission. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 70, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 234, sec. 4, effective July 15, 1988.

KRS 197.520 Experience requirements

197.520. Experience requirements In order for a private provider to enter into a contract with the state for the establishment, operation or management of an adult correctional facility, it shall submit to the state specific documentation that it has demonstrated experience in the establishment, operation or management of adult correctional facilities. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 234, sec. 5, effective July 15, 1988.

KRS 197.525 Regulatory authority of department

197.525. Regulatory authority of department (1) In any provision of KRS 197.505 to 197.525 which requires the private provider or adult correctional facility to establish or implement a policy or procedure governing a particular activity or duty, the department shall first approve the policy or procedure before it shall become effective. (2) Consistent with the provisions of KRS 197.505 to 197.525, the department shall promulgate administrative regulations governing the standards, operation, and management of adult correctional facilities which may be contracted for pursuant to KRS 197.505. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 71, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 234, sec. 6, effective July 15, 1988.

KRS 197.530 Assessment of fine or penalty against private provider -- Notice -- Hearing -- Appeal

197.530. Assessment of fine or penalty against private provider -- Notice -- Hearing -- Appeal (1) As set forth within the contract between the Department of Corrections and the private provider: The department may recommend to the secretary of the Finance and Administration Cabinet the assessment of an administrative fine against the private provider of not more than five thousand dollars ($5,000) for the violation of each and any term of the contract, or of KRS 197.510. Recommendation of fine or penalty assessment by the department shall occur only after a notice of intent to do so has been presented by registered mail to the private provider. The notice of intent shall incorporate the findings of the department and other agencies, if appropriate. (2) The private provider may, within seventy-two (72) hours of the receipt of the notice of intent, request in writing a hearing before an objective hearing officer of the Attorney General's Office. The secretary of the Finance and Administration Cabinet shall by order issue, modify, or repeal the recommended fine or penalty. The amount of any fine or penalty shall be consistent with the hearing officer's recommendations resulting from the administrative hearing. The private provider may, at its discretion, waive its right to an administrative hearing. (3) Appeals from any fine or penalty assessed pursuant to this section shall be granted as a matter of right, and shall be taken to the Franklin Circuit Court within thirty (30) days from the date the fine or penalty is issued by the secretary of the Finance and Administration Cabinet. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 418, sec. 6, effective July 15, 1994.

KRS 197.535 Authority of persons acting as private provider

197.535. Authority of persons acting as private provider All persons, while acting for a private provider pursuant to the provisions of KRS 197.505 to 197.525 in any capacity entailing the maintenance of custody over any prisoners, shall have the power and authority of peace officers, including the authority granted to Department of Corrections employees pursuant to KRS 196.037(2). Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 94, effective July 15, 1998.

KRS 197.540 Irrevocable letter of credit as substitute for performance bond -- Protection of state's interest in continual level of prison beds

197.540. Irrevocable letter of credit as substitute for performance bond -- Protection of state's interest in continual level of prison beds (1) When KRS 197.510 or any other statute relating to contracting for the private operation of prisons requires a performance bond, an irrevocable letter of credit or a performance bond in a form satisfactory to the Commonwealth may be substituted. (2) The contract shall also protect the state's interest in providing a continual level of prison beds available without a sudden drop in the number of prison beds available or the need to release inmates or provide for their transfer to other facilities. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 95, effective July 15, 1998.

KRS 197.990 Penalties

197.990. Penalties Any person who willfully violates any of the provisions of KRS 197.200 to 197.250 for which no other penalty is herein provided, shall be fined not less than ten dollars ($10) nor more than five hundred dollars ($500), or confined in jail for not less than ten (10) days nor more than one (1) year, or both. History: Repealed in part 1968 Ky. Acts ch. 152, sec. 168. -- Created 1954 Ky. Acts ch. 46, sec. 8.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38079Fetched: 10/20/2026