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AN ACT relating to the Department of Corrections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 13A.100 is amended to read as follows: 3
Subject to limitations in applicable statutes, including KRS 13A.105 and subsection (5) 4
of Section 2 of this Act , any administrative body that is empowered to promulgate 5
administrative regulations shall, by administrative regulation, prescribe, consistent with 6
applicable statutes: 7
(1) Each statement of general applicability, policy, procedure, memorandum, or other 8
form of action that implements; interprets; prescribes law or policy; describes the 9
organization, procedure, or practice requirements of any administrative body; or 10
affects private rights or procedures available to the public; 11
(2) The process for application for license, benefits available or other matters for which 12
an application would be appropriate unless the[such] process is prescribed by a 13
statute; 14
(3) Fees, except for those exempted in paragraphs (a) to (j) of this subsection, to be 15
charged by the administrative body if the[such] fees are authorized by law and are 16
not set by statute: 17
(a) State park room rates; 18
(b) Prices for food in restaurants at state facilities; 19
(c) Prices for goods at gift shops at state facilities; 20
(d) Prices for groceries and other items sold at state facilities; 21
(e) Prices charged for state publications; 22
(f) Prices charged for rides and amusement activities at state facilities; 23
(g) Admission fees to athletic and entertainment events at state facilities; 24
(h) Charges for swimming, skiing, horseback riding, and similar recreational 25
activities at state facilities; 26
(i) Charges for boat and equipment rentals for recreational purposes at state 27
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facilities; and 1
(j) Admission fees charged for seminars and educational courses by state 2
administrative bodies; 3
(4) The procedures to be utilized by the administrative body in the conduct of hearings 4
by or for the administrative body unless the[such] procedures are prescribed by a 5
statute; and 6
(5) The disciplinary procedures within the jurisdiction of the administrative body 7
unless the[such] procedures are prescribed by statute. 8
Section 2. KRS 197.020 is amended to read as follows: 9
(1) The Department of Corrections shall: 10
(a) Promulgate administrative regulations for the: 11
1. Government and discipline of the penitentiary;[, for the ] 12
2. Government and official conduct of all officials connected with the 13
penitentiary;[,] and[ for the ] 14
3. Government of the prisoners in their deportment and conduct; 15
(b) Promulgate administrative regulations for the: 16
1. Character of food and diet of the prisoners;[ the ] 17
2. Preservation of the health of the prisoners;[ the] 18
3. Daily cleansing of the penitentiary;[ the] 19
4. Cleanliness of the persons of the prisoners;[ the] 20
5. General sanitary government of the penitentiary and prisoners;[ the] 21
6. Character of the labor;[ the] 22
7. Quantity of food and clothing; and[ the] 23
8. Length of time during which the prisoners shall be employed daily; 24
(c) Promulgate administrative regulations, as the department deems necessary, for 25
the disposition of abandoned, lost, or confiscated property of prisoners; 26
(d) Promulgate administrative regulations for the administration of a validated 27
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risk and needs assessmen t to assess the criminal risk factors and correctional 1
needs of all inmates upon commitment to the department; 2
(e) Promulgate administrative regulations to: 3
1. Create a certification process for county jails that may house female 4
state inmates. The administrative regulations shall include a requirement 5
of a physical barrier between male and female inmates; and 6
2. Require telehealth services in county jails; and 7
(f) Cause the administrative regulations promulgated by the department, together 8
with the law all owing commutation of time to prisoners for good conduct, to 9
be printed and posted in conspicuous places in the cell houses and workshops. 10
(2) The department may impose a reasonable fee for the use of medical facilities by a 11
prisoner who has the ability to pay for the medical and dental care. These funds 12
may be deducted from the prisoner's inmate account. A prisoner shall not be denied 13
medical or dental treatment because he or she has insufficient funds in his or her 14
inmate account. 15
(3) The department may pr omulgate administrative regulations in accordance with 16
KRS Chapter 13A to implement a program that provides for reimbursement of 17
telehealth consultations. 18
(4) Fees for the use of medical facilities by a state prisoner who is confined in a jail 19
pursuant to KRS 532.100 or other statute shall be governed by KRS 441.045. 20
(5) Notwithstanding any other provision of law, the Department of Corrections shall 21
not be required to promulgate administrative regulations regarding the death 22
penalty and may prescribe and im plement execution protocols and procedures by 23
internal policy, memorandum, or other form of action without proceeding 24
through the administrative regulations process established in KRS Chapter 13A. 25
(6) Any internal policy, memorandum, or other action adopte d by the department 26
under subsection (5) of this section shall be publicly available on the 27
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department's website. 1