KRS 441.430: Application, review, and approval of plans for new local correctional

facility -- Delay of final decision -- Prerequisites for approval -- Review of

architectural plans by department's jail consultants.

(1) Any political subdivision, or combination of subdivisions, desiring to build a local

correctional facility shall make application, in writing, to the department and the

construction authority for approval of the plans for the local correctional facility not

less than ninety (90) days before the ad vertising for bids for construction of the

facility, or if bids are not to be let, ninety (90) days before the construction

commences. The application shall include documentation of the items required by

subsection (3) of this section.

(2) The department's jail consultants shall review the application and within thirty (30)

days of the department's receipt of the application, make a recommendation to the

construction authority. The construction authority shall make a decision within sixty

(60) days after th e department's jail consultants make their recommendation. The

construction authority may delay a final decision on the construction of any new

local correctional facility if the construction authority determines that it has

insufficient information upon which to base a decision. If the construction authority

determines that it has insufficient information upon which to base a decision, a final

decision shall be delayed but shall be made within sixty (60) days after receipt of

the information required by th e construction authority. Construction shall not

commence until the requisite approval is obtained.

(3) The construction authority shall not approve the construction of a local correctional

facility unless the political subdivision or combination of subdiv isions desiring to

build a local correctional facility proves to the satisfaction of the construction

authority that:

(a) The construction of a new local correctional facility is necessary;

(b) The construction of a new local correctional facility with th e number of beds

proposed is necessary;

(c) The political subdivision or combination of political subdivisions has

sufficient bonding and revenue sources to pay the bonded indebtedness of the

proposed local correctional facility;

(d) The number and sources of prisoners for the local correctional facility is

sufficient to maintain the financial viability of the local correctional facility;

(e) The projected operating costs for the local correctional facility are appropriate

to maintain the financial viability of the local correctional facility;

(f) The sources of revenue are sufficient to pay, in addition to the bonded

indebtedness, the operation costs and maintenance for the local correctional

facility;

(g) If applicable, there are contracts or interlocal co operation agreements

specifying details for sharing the liability for the costs of paying the bonded

indebtedness and the operation costs for the local correctional facility;

(h) If applicable, there are contracts or interlocal cooperation agreements

specifying details for the management and operation of the local correctional

facility; and

(i) All information has been provided that the construction authority required

pursuant to administrative regulation.

(4) (a) Upon approval by the construction authority of the new local correctional

facility, or the expansion of an existing correctional facility, architectural

plans shall be submitted to the department for approval. The department's jail

consultants shall review the architectural plans and within sixty ( 60) days

notify the applicant and the construction authority of their findings.

(b) The department's jail consultants may delay final approval of the architectural

plans if the jail consultants determine the architectural plans for the facility do

not comply with administrative regulations of the department promulgated

pursuant to KRS 441.055.

(c) If the department determines that it has insufficient information upon which to

make a decision, a final decision shall be delayed but shall be made within

sixty (60) days after receipt of the information requested.

(d) Construction shall not commence until the req uisite approvals have been

obtained.

(e) If approval is denied by the department's jail consultants, the political

subdivision or combination of subdivisions requesting the construction or

expansion of a local correctional facility may appeal the decision to the

construction authority.