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Regulations Filed

Administrative regulations filed with the Legislative Research Commission for the Department of Corrections may be accessed on the LRC Website. Select the Title for the regulation and scroll down to the appropriate administrative regulation in the Chapter. The regulation will appear in a font color other than blue.




Administrative regulations filed for the Department of Corrections are listed in the section below.


Regulations

501 KAR 2:020 – Filed on 7-14-21

The amendment adds the Ross Cash Center as an assessment center location, removes definitions for Classification Branch Manager, Close Custody, and Restricted Custody that are no longer necessary, adds Director of Population Management, adds additional definitions to the term Jailer as outlined in KRS 67B.020(1), 67A.028 and KRS441.005(7), and renumbers the remaining definitions.  The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on September 22, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through September 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov


501 KAR 2:050 – Filed on 7-14-21

The amendment revises statute citations to address statute changes and a position title to match a personnel change.  It updates the form to be used for transfer requests. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on September 22, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through September 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

 

Material Incorporated by Reference


501 KAR 2:060 – Filed on 7-14-21

The amendment revises statute citations to address statute changes.  It adds a provision (with forms) for an inmate with 90 days or less to serve out to decide whether to be considered for parole or to waive parole consideration to complete the inmate's sentence.  The furlough provision is deleted and revisions are made to classification categories to match classification changes within the Department of Corrections. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on September 22, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through September 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

 

Material Incorporated by Reference


501 KAR 2:070 – Filed on 7-14-21

The amendment adds a provision for inmates to participate in work release in compliance with KRS 532.100(9) and clarifies statutory authority language. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on September 22, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through September 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov


501 KAR 6:190 – Filed on 7-26-21

501 KAR 6:190. Approval process for mental health professionals performing comprehensive sex offender presentence evaluations and treatment of sex offenders. The amendment clarifies continuing education requirements, adds additional avenues for eligibility for approved providers, removes a prohibition involving evaluations, and reorganizes the administrative regulation for clarity.  The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov


501 KAR 6:200 – Filed on 7-26-21

501 KAR 6:200. Comprehensive sex offender presentence evaluation procedure.  The amendment revises definitions to match definitions in related administrative regulations promulgated by the board and requires the use of evidence based standards in the evaluation.  It revises the record keeping period to match the period required by the approved provider's professional licensing or certifying board.  The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov


501 KAR 3:110. Classification. The amendment enlarges the authorization language.  It updates the criteria for the classification of prisoners, clarifies language, changes "mentally retarded" to "intellectually disabled," and adds language in compliance with KRS 197.020(1)(e). The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 3:120. Admission; searches and release. The amendment adds statute citations for authority and enlarges the authorization language. It corrects typographical errors, changes "mentally retarded" to "intellectual disability," and clarifies language. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 3:130. Prison programs; services. The amendment enlarges the authority explanation, changes the name of a department division to the revised name, adds language to comply with a statutory change in KRS 441.055(1)(a)2.a., and adds a subsection concerning evidence based programing. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 3:150. Hearings, procedures, disposition. The amendment adds a statute citation for authority and enlarges the authorization language.  It clarifies an address, corrects typographical errors, and makes additional clarifications of language. New provisions are made for electronic filing for the administrative hearing records and for service of the records. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 3:170. Classifications. The amendment adds a statute citation for authority and enlarges the authorization language. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:040. Personnel. The amendment adds a statute citation for authority and enlarges the authorization language.  It corrects various typographical errors, adds "sworn" to the description of jail personnel that must be 21 years old, and makes gender neutral language changes. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:060. Security; control. The amendment adds statute citations for authority and enlarges the authorization language. It adds language concerning physical barriers to separate male prisoners from female prisoners to comply with a statutory change. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:090. Medical services. The amendment adds statute citations for authority and enlarges the authorization language.  It changes language in compliance with KRS Chap. 13A. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:100. Food services. The amendment specifies that a local jailer shall provide an adequate diet containing at least 2400 calories per day and standardizes terms used in the Chapter. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:110. Classification. The amendment adds statute citations for authority and enlarges the authorization language. It adds language concerning physical barriers to separate male prisoners from female prisoners to comply with a statutory change. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:120. Admission; searches and release. The amendment adds statute citations for authority and enlarges the authorization language.  It changes and adds wording for consistency and corrects a typographical error. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:130. Prisoner programs; services. The amendment adds a statute citation for authority and enlarges the authorization language, changes the name of a department division to the revised name, adds language to comply with a statutory change in KRS 441.055(1)(a)2.a., and adds a subsection concerning evidence based programing to allow for program completion credit. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:140. Prisoner rights. The amendment adds a statute citation for authority and enlarges the authorization language.  It adds language for electronic provision of records and confidential access to the prisoner's attorney in compliance with statute changes in KRS 441.055(1)(a)2. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 7:150. Training. The amendment enlarges the authorization language. It changes "outlined" to "established." The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 1:050. Granting final discharge from parole. The amendment adds statute citations for authority and enlarges the authorization language.  It provides the statute reference that prohibits final discharge if there is a restitution obligation remaining. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

501 KAR 14:010. Psychiatric or Forensic Psychiatric Facility Victim Notification System. The amendment adds a statute citation for authority and enlarges the authorization language explanation.  It updates the request for notification and notification procedures. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov


501 KAR 6:250. Graduated sanctions for technical violations of probation and compliance incentives system. The amendment updates the procedures for graduated sanctions for probationers supervised by the Division of Probation and Parole. A primary change is to require additional consultation with and approval by a Probation and Parole supervisor before graduated sanctions are imposed or revocation is requested from the court. The regulation was reorganized to accommodate this change with a number of items being moved in the administrative regulation.  Additional graduated sanctions were added to the matrix and the possible detention days were reorganized in the table. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on October 21, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through October 31, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov