{"data":{"id":"us-ky/krs-441.430","jurisdiction":"us-ky","citation":"KRS 441.430","heading":"Application, review, and approval of plans for new local correctional","body":"facility -- Delay of final decision -- Prerequisites for approval -- Review of\narchitectural plans by department's jail consultants.\n(1) Any political subdivision, or combination of subdivisions, desiring to build a local\ncorrectional facility shall make application, in writing, to the department and the\nconstruction authority for approval of the plans for the local correctional facility not\nless than ninety (90) days before the ad vertising for bids for construction of the\nfacility, or if bids are not to be let, ninety (90) days before the construction\ncommences. The application shall include documentation of the items required by\nsubsection (3) of this section.\n(2) The department's jail consultants shall review the application and within thirty (30)\ndays of the department's receipt of the application, make a recommendation to the\nconstruction authority. The construction authority shall make a decision within sixty\n(60) days after th e department's jail consultants make their recommendation. The\nconstruction authority may delay a final decision on the construction of any new\nlocal correctional facility if the construction authority determines that it has\ninsufficient information upon which to base a decision. If the construction authority\ndetermines that it has insufficient information upon which to base a decision, a final\ndecision shall be delayed but shall be made within sixty (60) days after receipt of\nthe information required by th e construction authority. Construction shall not\ncommence until the requisite approval is obtained.\n(3) The construction authority shall not approve the construction of a local correctional\nfacility unless the political subdivision or combination of subdiv isions desiring to\nbuild a local correctional facility proves to the satisfaction of the construction\nauthority that:\n(a) The construction of a new local correctional facility is necessary;\n(b) The construction of a new local correctional facility with th e number of beds\nproposed is necessary;\n(c) The political subdivision or combination of political subdivisions has\nsufficient bonding and revenue sources to pay the bonded indebtedness of the\nproposed local correctional facility;\n(d) The number and sources  of prisoners for the local correctional facility is\nsufficient to maintain the financial viability of the local correctional facility;\n(e) The projected operating costs for the local correctional facility are appropriate\nto maintain the financial viability of the local correctional facility;\n(f) The sources of revenue are sufficient to pay, in addition to the bonded\nindebtedness, the operation costs and maintenance for the local correctional\nfacility;\n(g) If applicable, there are contracts or interlocal co operation agreements\nspecifying details for sharing the liability for the costs of paying the bonded\nindebtedness and the operation costs for the local correctional facility;\n(h) If applicable, there are contracts or interlocal cooperation agreements\nspecifying details for the management and operation of the local correctional\nfacility; and\n(i) All information has been provided that the construction authority required\npursuant to administrative regulation.\n(4) (a) Upon approval by the construction authority  of the new local correctional\nfacility, or the expansion of an existing correctional facility, architectural\nplans shall be submitted to the department for approval. The department's jail\nconsultants shall review the architectural plans and within sixty ( 60) days\nnotify the applicant and the construction authority of their findings.\n(b) The department's jail consultants may delay final approval of the architectural\nplans if the jail consultants determine the architectural plans for the facility do\nnot comply with administrative regulations of the department promulgated\npursuant to KRS 441.055.\n(c) If the department determines that it has insufficient information upon which to\nmake a decision, a final decision shall be delayed but shall be made within\nsixty (60) days after receipt of the information requested.\n(d) Construction shall not commence until the req uisite approvals have been\nobtained.\n(e) If approval is denied by the department's jail consultants, the political\nsubdivision or combination of subdivisions requesting the construction or\nexpansion of a local correctional facility may appeal the decision to the\nconstruction authority.","path":["KRS Chapter 441"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42277","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:55Z","sha256":"74f0f9751eea0c46cfda06aebc349ae89ec14e1479a2930ed88f1e467c8e7ba1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-441.420","next":"us-ky/krs-441.440"},"notice":"GroundRules: Original legal text. Not legal advice."}