{"data":{"id":"us-ky/krs-441.075","jurisdiction":"us-ky","citation":"KRS 441.075","heading":"Violation of regulations -- Orders and sanctions -- Procedures for orders.","body":"(1) If the department finds that a violation of its regulations, or the laws or other state\nregulations pertaining to the protection of persons and property, exists in any jail\nwhich holds state prisoners, the commissioner of the department, or his or her\ndesignee, shall order that the violation be corrected immediately. In order to enforce\nan order made pursuant to this subsection, the commissioner may order the jail to\ncease housing state prisoners.\n(2) If the department finds a violation of the health an d life safety regulations in KRS\n441.055 pertaining to the protection of persons or property, exists in any jail, the\ncommissioner of the department, or his or her designee, shall order that the\nviolations be corrected immediately. In order to enforce an o rder made pursuant to\nthis subsection, the commissioner may order the jail closed until the violations are\ncorrected.\n(3) No jail that was ordered by the Department of Corrections prior to July 15, 1996, to\nbe closed or to operate other than as a full -service facility shall operate as a full -\nservice facility to hold state prisoners unless it is granted a certificate of occupancy\nby the Department of Corrections. In order to enforce an order made pursuant to\nsubsection (1) of this section, the commissioner may:\n(a) Order the jail or portions thereof to be vacated and closed until the violation is\neliminated.\n(b) Order the jail to cease to house certain classes of prisoners or limit the length\nof time prisoners or certain classes of prisoners may be housed in the jail.\n(c) Order the state contribution made pursuant to KRS 441.206 to be used, in\nwhole or in part, to contract with another county for the incarceration of\nprisoners.\n(4) An order issued under this section shall be in writing, incorporating the findi ngs of\nthe department and other agencies, if appropriate, and shall be delivered,\nelectronically mailed, or mailed by certified mail, return receipt requested, to the\ncounty jailer and county judge/executive within twenty -four (24) hours of the\nissuance of  the order. The county jailer or county judge/executive may, within\nseventy-two (72) hours of receipt of the notification, request in writing a public\nhearing before the commissioner of the department or his or her designee on the\nmatters covered by the order. Upon the hearing, the commissioner of the department\nor his or her designee may administer oaths and may issue subpoenas for the\nattendance of witnesses and the production of relevant books and papers. The\ncommissioner of the department or his or her designee may issue, modify, or repeal\nthe order at the conclusion of the hearing.","path":["KRS Chapter 441"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19305","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:55Z","sha256":"5c30088c5fd8ec6afcddaa36c23a94e99f7ef44214260e8e5cacffb95d94dc12","source_id":"us-ky","stale":false,"prev":"us-ky/krs-441.070","next":"us-ky/krs-441.080"},"notice":"GroundRules: Original legal text. Not legal advice."}