{"data":{"id":"us-ky/krs-441.840","jurisdiction":"us-ky","citation":"KRS 441.840","heading":"Department of Corrections protocol -- Local and regional jail plans --","body":"Failure to meet standards.\n(1) (a) The Department of Corrections shall, through the promulgation of\nadministrative regulations under KRS Chapter 13A, develop an evacuation\nand relocation protocol for jailers of local and regional jails to follow in the\ndevelopment of individual evacuation and relocation plans for prisoners\nhoused within the jails or regional jails to other facilities in the event that an\nemergency renders the jail o r regional jail temporarily or permanently\nuninhabitable. The protocol shall take into account evacuation and relocation\nprocedures for full -service jails, life -safety jails, and holding facilities for\njailers who are transportation officers.\n(b) Each jailer who exercises control over one (1) or more prisoners shall develop\nan evacuation and relocation plan based upon the department's evacuation and\nrelocation protocol. The Department of Corrections shall assist jailers in the\ndevelopment of their individua l evacuation and relocation plans, and the\njailers shall submit their plans to the county legislative body, which shall\nprovide commentary to ensure that the jail evacuation plan is compatible with\nthe relevant annexes of the local emergency operations plans.\n(c) The department, in consultation with the jailers in assisting drafting the local\nevacuation plans, shall ensure that each individual jail evacuation and\nrelocation plan is also compatible with the relevant annexes of the state\nemergency operations plans.\n(2) In developing the plan for the evacuation and relocation of prisoners, the jailer shall\ncontact other jails, regional jails, correctional facilities, and penitentiaries, and shall\nenter into a written agreement for the relocation of the jail's prisoners.\n(3) The jailer shall review the evacuation and relocation plan every year, and shall\nupdate it when necessary.\n(4) Each jail's and regional jail's evacuation and relocation plan shall be filed with the\ndepartment in a manner that the department d etermines through administrative\nregulations promulgated under KRS Chapter 13A.\n(5) The department may provide for procedures for jailers to follow in the drafting and\nupdating of the jail's and regional jail's individual evacuation and relocation plan, as\nwell as any administrative procedures necessary to effect the requirements of this\nsection through the promulgation of administrative regulations under KRS Chapter\n13A.\n(6) If the department determines that the jail's or regional jail's plan does not meet  its\nstandards or the jailer has not followed certain procedures set out by administrative\nregulation, it shall submit written notification of the fact to each county\njudge/executive and each jailer of each county housing prisoners in the jail or\nregional jail. The department may establish sanctions for noncompliance. Any\nsanctions shall be set out by administrative regulations promulgated under KRS\nChapter 13A.\n(7) The department shall promulgate the regulations permitted and required under this\nsection no later than one hundred eighty (180) days after July 12, 2006.\n(8) The jailers shall complete their evacuation and relocation plans and transmit them\nto the department no later than January 31, 2008. If a jailer does not complete and\ntransmit the copy of h is or her evacuation and relocation plans, the jailer shall be\nnotified by the department of the failure and shall be subject to orders and sanctions\nof the department under subsection (6) of this section.\n(9) The Department of Corrections may delegate the  responsibility of developing the\nevacuation and relocation protocol to the Jail Standards Commission. If the\ndepartment delegates this responsibility, it shall adopt the recommendations of the\nJail Standards Commission through administrative regulations p romulgated under\nKRS Chapter 13A. The Department of Corrections may consult and collaborate\nwith the Jail Standards Commission on any aspect of the requirements set out in this\nsection.","path":["KRS Chapter 441"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19384","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:56Z","sha256":"6acf1883ca7587748feef46b4aa6d6faa6a569797411116b65e17033d7a89e36","source_id":"us-ky","stale":false,"prev":"us-ky/krs-441.820","next":"us-ky/krs-441.990"},"notice":"GroundRules: Original legal text. Not legal advice."}
