KRS 197.290: Kentucky Community and Technical College System Prison Education

Program -- Location -- Program availability to inmates -- Responsibilities of

department and KCTCS -- Administrative regulations -- Program

requirements.

(1) The Kentucky Commun ity and Technical College System Prison Education

Program, or KCTCS Prison Education Program, is hereby established within the

department to provide inmates with intensive, hands-on job training in high-demand

workforce sectors.

(2) The department shall en ter into a memorandum of agreement with the Kentucky

Community and Technical College System (KCTCS) as defined in KRS 164.001 in

accordance with KRS 197.292 to provide academic instruction for the program.

(3) (a) The program established in subsection (1) of this section shall be located on

the grounds of the Northpoint Training Center.

(b) The department shall:

1. Manage facility operations, including operations related to safety and

security;

2. Be responsible for all maintenance and repair of the facilit y, utilities,

and facility supplies; and

3. Provide inmate transportation to the facility, inmate meals and food

services, and inmate housing that is segregated from the general prison

population.

(4) The program shall not be available to an inmate serving a sentence:

(a) Of imprisonment for life without possibility of parole;

(b) For escape or attempted escape; or

(c) For a sex crime as defined in KRS 17.500.

(5) (a) The department shall be responsible for the identification of candidates for the

program, including recruitment and selection, in accordance with the

restrictions set forth in subsection (4) of this section and as determined by the

department.

(b) Selection of candidates for the program shall include consideration of:

1. Established security criteria;

2. Industry guidance for second-chance employment; and

3. The capacity of academic instructors to provide industry -recommended

and high-need training.

(6) An inmate who is selected and meets eligibil ity requirements shall be transported

by the department to the Northpoint Training Center facility.

(7) The department shall promulgate administrative regulations in accordance with

KRS Chapter 13A relating to:

(a) The selection and eligibility of inmates for the program, including but not

limited to the following criteria:

1. The inmate's academic background;

2. Vocational counseling or testing that indicates the inmate has an interest

or aptitude for a particular trade; and

3. The inmate's willingness to abide by the attendance, academic, and

behavioral requirements of the program;

(b) The terms and conditions under which inmates may continue in the program;

(c) The adequate care, supervision, guarding, disciplining, maintenance,

transportation, and housing of inmates when assigned to the program;

(d) Availability and accessibility of post -release services, including consideration

of education and employment requirements in administering terms of

probation and parole;

(e) The collection of data to include:

1. The number of inmates:

a. Participating in the program who receive an offer of employment

prior to release;

b. Who successfully complete the program;

c. Who obtained employment following participation in the program;

and

d. Who were unsuccessful and the reason for removal from the

program; and

2. Following completion of the program and release from the facility, the

number of inmates with:

a. Successful completion of parole;

b. A violation of parole;

c. A return to prison as a result of a parole violation and the date the

inmate returned; and

d. A return to prison as a result of the commission of a new offense;

(f) Requirements of KCTCS employees, including:

1. Compliance with the department's institution al safety and facilities

management policies and procedures; and

2. Participation in the department's drug -testing program, including

random screenings and tests based upon reasonable suspicion of drug or

alcohol impairment, as determined by the warden of the institution, and

at the cost of the department if the test is administered at a department

facility by a department vendor;

(g) Policies to permit remote instruction or services during emergencies or

pandemics, consistent with department and health adv isories of the

Commonwealth; and

(h) Any other regulations the department deems necessary and appropriate to

carry out the requirements of this section.

(8) Hours of classroom instruction shall model, to the extent possible, an average

workday similar to w hat the inmate can expect to experience in employment upon

release.

(9) Instruction shall occur outside of any area accessible by the general population of

the facility and inmates participating in the program shall be segregated from the

general prison population at all times.

(10) Potential employers shall have the opportunity to recruit and interview potential

employees prior to parole.

(11) KCTCS shall:

(a) Construct a facility on the grounds of Northpoint Training Center to provide

academic instruction for the prison education program established in this

section;

(b) Upon completion of the facility construction under paragraph (a) of this

subsection, deed the facility to the department which will bear responsibility

for management, operations, security, and maintenance. The details of the

prison education program will be jointly determined by the department and

KCTCS outlined in a memorandum of agreement between the parties;

(c) Retain ownership, maintenance, and responsibility for all equipment related to

academic instruction within the prison education program;

(d) Ensure compliance with all applicable federal, state, and local laws;

(e) Enter into and maintain all appropriate confidentiality and data protection

agreements, including nondisclosure forms , for all academic instruction

employees accessing Commonwealth data;

(f) Provide academic instruction within the facility and all components required

for instruction, including a learning management system; and

(g) Determine program placement with regard to a participant's academic

readiness.

(12) This section shall not be interpreted to:

(a) Create or confer upon any inmate any private right or benefit; or

(b) Limit the discretion of the department in determining and maintaining

operational and security requirements of the department.