501 Ky. Admin. Regs. 7:040

Current through Register Vol. 51, No. 5, November 1, 2024

Section 501 KAR 7:040 - Personnel

RELATES TO: KRS 441.045, 441.055

NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035 authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet. KRS 441.055(1) requires the Department of Corrections to promulgate administrative regulations establishing minimum standards for jails that house state prisoners. This administrative regulation establishes personnel procedures to be followed in restricted custody centers.

Section 1. Staffing.

(1) Each jail shall provide twenty-four (24) hour awake supervision for all prisoners by providing a minimum of one (1) jail personnel excluding jail personnel designated for communication. If requested by the jailer or governing authority, the department may conduct a staffing analysis.

(2) If a female prisoner is housed in the center, the center shall provide a female deputy to perform twenty-four (24) hour awake supervision.

Section 2. Qualifications.

(1) Persons who are at least eighteen (18) years old may be appointed or employed to work inside the secure perimeter of the jail.

(2) A person under the age of twenty-one (21) years:

(a) Shall not:

1. Be employed as a deputy jailer;

2. Possess or exercise peace officer powers;

3. Function in a role similar to that of a deputy jailer or correctional officer; or

4. Be in a position that involves supervision over prisoners or persons yet to be booked into the jail; and

(b) Shall have a high school diploma or a high school equivalency diploma.

Section 3. Compensation. Each employee shall receive a wage that is at least equal to the State Minimum Wage Law except if Federal Minimum Wage Law applies.

Section 4. Policy and Procedure. Written policy shall specify that equal employment opportunities exist for every position.

Section 5. Physical Fitness. The jailer shall ensure that a level of physical fitness is maintained that will allow each employee to satisfactorily perform the employee's duties.

Section 6. Code of Ethics.

(1) The jailer shall make a written code of ethics available to each employee.

(2) The written code of ethics shall be incorporated in the center's policy and procedures manual and shall include the following:

(a) An employee shall not:

1. Exchange a personal gift or a favor with a prisoner, prisoner's family, or prisoner's friend;

2. Accept any form of bribe or unlawful inducement;

3. Perform duties under the influence of an intoxicant or consume an intoxicant while on duty;

4. Violate or disobey an established rule, administrative regulation, or lawful order from a superior;

5. Discriminate against any prisoner on the basis of race, religion, creed, gender, national origin, or other individual characteristic;

6. Employ corporal punishment or unnecessary physical force;

7. Subject a prisoner to physical or mental abuse;

8. Intentionally demean or humiliate a prisoner;

9. Bring a weapon or an item declared as contraband into the center without proper authorization;

10. Engage in critical discussion of jail employees or any prisoner in the presence of a prisoner;

11. Divulge confidential information without proper authorization;

12. Withhold information which, in so doing, threatens the security of the center, jail employees, visitors, or the community;

13. Through negligence, endanger the well-being of self or others;

14. Engage in any form of business or profitable enterprise with a prisoner;

15. Inquire about, disclose, or discuss details of a prisoner's crime other than as may be absolutely necessary in performing official duties;

16. Enter into an intimate, personal relationship with a prisoner while the prisoner is incarcerated at the same jail by which the employee is employed; or

17. Enter into an intimate, personal relationship with a former prisoner of the jail within six (6) months of that prisoner's release.

(b) An employee shall:

1. Comply with established rules, administrative regulations, and lawful orders from superiors;

2. Treat prisoners in a fair, impartial manner; and

3. Report a violation of the code of ethics to the jailer.

(3) A violation of the code of ethics shall be made a part of the employee's personnel file.

501 KAR 7:040

13 Ky.R. 817; eff. 11-11-1986; Am. 19 Ky.R. 1876; 2633; eff. 6-7-1993; 26 Ky.R. 176; 27 Ky.R. 88; eff. 7-17-2000; 31 Ky.R. 1569; 1803; eff. 5-26-2005; 34 Ky.R. 1192; 1971; eff. 3-7-2008; 37 Ky.R. 2973; 38 Ky.R. 585; eff. 10-7-2011; 48 Ky.R. 951; eff. 3-1-2022; 50 Ky.R. 1964; eff. 9/3/2024.

STATUTORY AUTHORITY: KRS 196.035, 197.020, 441.055