501 KAR 6:160reg. Correctional Industries

      Section 1. Incorporation by Reference. (1) "Correctional Industries Policies and Procedures," June 14, 2016[March 10, 2008], are incorporated by reference. Correctional Industries Policies and Procedures include:

CI 01-04-02     Code of Ethics, Prohibited Employee Conduct (Added 3/10/08)

CI 03-02-01     Delivery of Goods and Services (Amended 3/10/08)

CI 03-02-02     Pickup of Reupholstery and Repair Items (Amended 3/10/08)

CI 04-03-03     Customer Orders (Amended 3/10/08)

CI 04-03-04     Sale of Industry Products to Private Individuals (Amended 1/15/08)

CI 04-04-01     Warranty of Products (Amended 3/10/08)

CI 05-01-01     Inmate Job Descriptions (Amended 3/10/08)

CI 05-01-02     Equal Opportunity Employment (Amended 3/10/08)

CI 05-01-03     Job Performance Evaluations (Amended 3/10/08)

CI 05-01-04     Inmate Compensation (Amended 3/10/08)

CI 05-01-05     Job Assignments (Amended 3/10/08)

CI 05-02-01     Inmate Orientation (Amended 3/10/08)

CI 05-03-01     Standards for Working in Correctional Industries Plants (Amended 6/14/16[3/10/08])

CI 06-01-01     Safety and Working Conditions (Amended 3/10/08)

CI 06-02-01     Key and Tool Control (Amended 3/10/08)

CI 06-02-02     Searches (Amended 3/10/08)

CI 06-03-01     Inmate Supervision (Amended 3/10/08)

CI 07-02-01     Quality Control (Amended 3/10/08)

CI 07-03-01     Data Entry Unit Procedures (Added 3/10/08)

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone [phone], fax [phone], Monday through Friday, 8 a.m. to 4:30 p.m.

501 KAR 6:160 Correctional Industries

 

RODNEY BALLARD, Commissioner

      APPROVED BY AGENCY: June 13, 2016

      FILED WITH LRC: June 14, 2016 at 9 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 26, 2016 at 9:00 a.m. 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 five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on August 1, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Amy V. Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone [phone], fax [phone].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Amy Barker

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation incorporates by reference the policies and procedures for Kentucky Correctional Industries.

      (b) The necessity of this administrative regulation: To conform to the requirements of KRS 196.035, 197.020, and 197.200 and to meet ACA requirements.

      (c) How this administrative regulation conforms to the content of the authorizing statues: This administrative regulation governs the operations of Kentucky Correctional Industries.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The policies and procedures incorporated by reference provide direction and information to Corrections employees concerning their duties and job responsibilities and to inmates concerning their rights and responsibilities in the Correctional Industries program.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The    amendment updates and clarifies the policies and procedures for Kentucky Correctional Industries and deletes policies which are outdated or unnecessary under KRS 13A.010(2)(a) and KRS 13A.100(1).

      (b) The necessity of the amendment to this administrative regulation: To conform to the requirements of KRS Chapter 13A, 196.025, 197.020, and 197.200.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment updates and clarifies the policies and procedures for Kentucky Correctional Industries.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment clarifies and streamlines current regulatory policy of Kentucky Correctional Industries.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This affects KCI 90 employees and 800 inmates. It also affects state agencies, local governments, and private individuals who purchase KCI products.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: No additional action required. The amendment makes formatting changes and clarifies existing policies.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No additional cost.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Staff, inmates, and the public will have updated and clarified policies and procedures.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: No additional cost as it is an ongoing program.

      (b) On a continuing basis: No additional cost as it is an ongoing program.

      (6) What is the source of funding to be used for the implementation and enforcement of this administrative regulation: Sales from KCI products and services.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: No. Any price increases are driven by production costs.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: No.

      (9) TIERING: Is tiering applied? No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The amendments to this administrative regulation impact the operation of Kentucky Correctional Industries, the Department of Corrections, and other state agencies purchasing KCI products.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 196.035, 197.020, 197.200

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The amendments to this regulation do not create any revenue for Kentucky Correctional Industries.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The amendments to this regulation do not create any revenue for the Kentucky Correctional Industries.

      (c) How much will it cost to administer this program for the first year? No new programs were created. The amendments to this regulation impact how Industries operates, but do not increase costs from what was previously budgeted to the Department of Corrections.

      (d) How much will it cost to administer this program for subsequent years? The amendments to this regulation impact how Industries operates, but are not expected to increase costs from what will be budgeted to the Department of Corrections.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation:

Notation

      RELATES TO: KRS Chapters 196, 197, 439

      STATUTORY AUTHORITY: KRS 196.035, 197.020, 197.200, 439.470, 439.590, 439.640

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 196.035, 197.020, 439.470, 439.590, and 439.640 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions. These policies and procedures are incorporated by reference in order to comply with the accreditation standards of the American Correctional Association. This administrative regulation establishes the policies and procedures for Correctional Industries.