Ky. Rev. Stat. » Chapter 196

Ky. Rev. Stat. § 196.070

Duties of commissioner of Department of Corrections -- Training

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programs. (1) The commissioner of the Department of Corrections shall: (a) Supervise and administer correctional institutions established and operated by the department, or any divisions of those institutions, the private prisons as provided by KRS 197.500, and the prison industry program within those institutions. (b) Supervise the employment of prisoners who have not been paroled or conditionally released, either within or without the walls or enclosures of these institutions. (c) Have the authority to transfer, with the approval of the secretary of the Finance and Administration Cabinet, appropriated funds from the budget of one (1) penal institution to another. (d) Determine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.045. (e) Authorize the transfer of prisoners between institutions. (f) Create those positions and employ those personnel necessary to perform the functions of the department. (g) Promulgate administrative regulations in accordance with KRS Chapter 13A to implement KRS 196.700 to 196.735. (2) The commissioner may organize and maintain a training division for employees of the department and others and in connection therewith promulgate administrative regulations covering the course and conduct of the training and the period of time for which any employee or applicant therefor shall attend the school. (a) The Division of Corrections Training shall establish, supervise, and coordinate training programs and schools for corrections personnel, jail personnel, and any other justice or nonlaw-enforcement related personnel as prescribed by the secretary and shall issue certification to those employees having successfully met the requirements of the training program. (b) The Division of Corrections Training shall make a continuing study of corrections training standards and design, develop, and deliver preservice and in-service training programs. (c) The Division of Corrections Training shall, by administrative regulations, prescribe minimum qualifications for its instructors and shall approve, issue, or revoke the certification of instructors. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 141, sec. 2, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 82, sec. 4, effective June 29, 2021. -- Amended 2003 Ky. Acts ch. 71, sec. 8, effective June 24, 2003. -- Amended 1996 Ky. Acts ch. 334, sec. 5, effective April 10, 1996. -- Amended 1994 Ky. Acts ch. 227, sec. 5, effective July 15, 1994; and ch. 418, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 21, effective July 14, 1992; and ch. 445, sec. 2, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 315, sec. 2, effective July 13, 1990; and ch. 497, sec. 8, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 106, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 113, sec. 13, effective July 15, 1982; and ch. 344, sec. 5, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, secs. 41 and 119, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, secs. 24(15), (19); and ch. 308, sec. 37. -- Amended 1963 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 9, effective October 1, 1963. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 5. -- Amended 1942 Ky. Acts ch. 96, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-106.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2010–2023 · leading case: Winstead v. Commonwealth
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Winstead v. Commonwealth (2010) ky · cites it 3× “, KRS 196.070(1)(d) (requiring the Commissioner of the Department of Corrections to "[d]etermine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.”
Commonwealth Ex Rel. Conway v. Thompson (2010) ky · cites it 2× “030(l)(b), to supervise correctional facilities, and to determine the minimum and maximum release dates of prisoners under KRS 196.070(1)— are properly before the Court by waiver or otherwise and are taking a position ultimately favorable to the prisoners and parolees, we…”
Bowling v. White (2015) ky “, and KRS 196.070(l)(d), which requires Corrections to “[determine .”
Harrison v. Crick (2019) kywd · cites it 2× “See Ky. Rev. Stat. §§ 196.070(1), 197.065 (granting Kentucky Department of Corrections discretion to decide where to place or transfer prisoners).”
Ronnie Lee Bowling v. Randy White Warden, Kentucky State Penitentiary (2016) ky “, and KRS 196.070(1)(d), which requires Corrections to IdJetermine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.”
Jeff Carpenter v. Kathleen Kenney (2022) kyctapp “065 provides the Commissioner of the Department of Corrections (the Commissioner) with the power to classify all prisoners and segregate them for specified reasons including “for any other purpose that the commissioner, in his discretion, may deem sufficient for the discipline…”
Darrie Rushin v. Commonwealth of Kentucky (2023) kyctapp “KRS 196.070(1)(d); KRS 532.043(4); KRS 196.”
— Ky. Rev. Stat. § 196.070(1) — 2 cases
Commonwealth Ex Rel. Conway v. Thompson (2010) ky “030(l)(b), to supervise correctional facilities, and to determine the minimum and maximum release dates of prisoners under KRS 196.070(1)— are properly before the Court by waiver or otherwise and are taking a position ultimately favorable to the prisoners and parolees, we…”
Harrison v. Crick (2019) kywd “See Ky. Rev. Stat. §§ 196.070(1), 197.065 (granting Kentucky Department of Corrections discretion to decide where to place or transfer prisoners).”
— Ky. Rev. Stat. § 196.070(1)(d) — 3 cases
Winstead v. Commonwealth (2010) ky “, KRS 196.070(1)(d) (requiring the Commissioner of the Department of Corrections to "[d]etermine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.”
Ronnie Lee Bowling v. Randy White Warden, Kentucky State Penitentiary (2016) ky “, and KRS 196.070(1)(d), which requires Corrections to IdJetermine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.”
Darrie Rushin v. Commonwealth of Kentucky (2023) kyctapp “KRS 196.070(1)(d); KRS 532.043(4); KRS 196.”
— Ky. Rev. Stat. § 196.070(1)(e) — 1 case
Jeff Carpenter v. Kathleen Kenney (2022) kyctapp “065 provides the Commissioner of the Department of Corrections (the Commissioner) with the power to classify all prisoners and segregate them for specified reasons including “for any other purpose that the commissioner, in his discretion, may deem sufficient for the discipline…”
— Ky. Rev. Stat. § 196.070(l)(d) — 2 cases
Winstead v. Commonwealth (2010) ky “, KRS 196.070(1)(d) (requiring the Commissioner of the Department of Corrections to "[d]etermine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.”
Bowling v. White (2015) ky “, and KRS 196.070(l)(d), which requires Corrections to “[determine .”
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