KRS 197.020: Administrative regulations to be promulgated by Department of

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 on website.

(1) The Department of Corrections shall:

(a) Promulgate administrative regulations for the:

1. Government and discipline of the penitentiary;

2. Government and official conduct of all officials connected with the

penitentiary; and

3. Government of the prisoners in their deportment and conduct;

(b) Promulgate administrative regulations for the:

1. Character of food and diet of the prisoners;

2. Preservation of the health of the prisoners;

3. Daily cleansing of the penitentiary;

4. Cleanliness of the persons of the prisoners;

5. General sanitary government of the penitentiary and prisoners;

6. Character of the labor;

7. Quantity of food and clothing; and

8. Length of time during which the prisoners shall be employed daily;

(c) Promulgate administrative regulations, as the department deems necessary, for

the disposition of abandoned, lost, or confiscated property of prisoners;

(d) Promulgate administrative regulations for the administration of a validated

risk and needs assessment to assess the criminal risk factors and correctional

needs of all inmates upon commitment to the department;

(e) Promulgate administrative regulations to:

1. Create a certification process for county jails that may house female

state inmates. The administrative regulations shall include a requirement

of a physical barrier between male and female inmates; and

2. Require telehealth services in county jails; and

(f) Cause the administrative regulations promulgated by the department, together

with the law allowing commutation of time to prisoners for good conduc t, to

be printed and posted in conspicuous places in the cell houses and workshops.

(2) The department may impose a reasonable fee for the use of medical facilities by a

prisoner who has the ability to pay for the medical and dental care. These funds

may be deducted from the prisoner's inmate account. A prisoner shall not be denied

medical or dental treatment because he or she has insufficient funds in his or her

inmate account.

(3) The department may promulgate administrative regulations in accordance with

KRS Chapter 13A to implement a program that provides for reimbursement of

telehealth consultations.

(4) Fees for the use of medical facilities by a state prisoner who is confined in a jail

pursuant to KRS 532.100 or other statute shall be governed by KRS 441.045.

(5) Notwithstanding any other provision of law, the Department of Corrections shall

not be required to promulgate administrative regulations regarding the death penalty

and may prescribe and implement execution protocols and procedures by internal

policy, memorandum, or other form of action without proceeding through the

administrative regulations process established in KRS Chapter 13A.

(6) Any internal policy, memorandum, or other action adopted by the department under

subsection (5) of this secti on shall be publicly available on the department's

website.