Title XVII, Economic Security and Public Welfare

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 Departme…

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 …

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 enforce…

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…

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 i…

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 …

(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 des…

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.

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 progra…

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, charte…

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.

(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 s…

(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 cour…

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 upo…

(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 hav…

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 t…

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 stat…

(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 …

(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) O…

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 h…

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 …

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.

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 …

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 we…

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…

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, f…

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 …

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 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.

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 accou…

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 per…

(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 mi…

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 in…

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. Prescribi…

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…

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) …

The department shall operate a specialized treatment program for sexual offenders, hereinafter referred to as the "program."

"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 offend…

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…

The department may enter into agreements with public or private agencies in order to implement and operate the program created by KRS Chapter 197.

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 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…

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…

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 wit…

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 privat…

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 man…

(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 be…

-- 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 mor…

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 Co…

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 th…