Ky. Rev. Stat. » Chapter 197

Ky. Rev. Stat. § 197.020

Administrative regulations to be promulgated by Department of

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Corrections -- Fee for use of medical facilities -- Reimbursement of telehealth consultations -- Use of jail medical facilities by state prisoner governed by KRS 441.045. (1) The Department of Corrections shall: (a) Promulgate administrative regulations for the government and discipline of the penitentiary, for the government and official conduct of all officials connected with the penitentiary, and for the government of the prisoners in their deportment and conduct; (b) Promulgate administrative regulations for the character of food and diet of the prisoners; the preservation of the health of the prisoners; the daily cleansing of the penitentiary; the cleanliness of the persons of the prisoners; the general sanitary government of the penitentiary and prisoners; the character of the labor; the quantity of food and clothing; and the length of time during which the prisoners shall be employed daily; (c) Promulgate administrative regulations, as the department deems necessary, for the disposition of abandoned, lost, or confiscated property of prisoners; (d) Promulgate administrative regulations for the administration of a validated risk and needs assessment to assess the criminal risk factors and correctional needs of all inmates upon commitment to the department; (e) Promulgate administrative regulations to: 1. Create a certification process for county jails that may house female state inmates. The administrative regulations shall include a requirement of a physical barrier between male and female inmates; and 2. Require telehealth services in county jails; and (f) Cause the administrative regulations promulgated by the department, together with the law allowing commutation of time to prisoners for good conduct, to be printed and posted in conspicuous places in the cell houses and workshops. (2) The department may impose a reasonable fee for the use of medical facilities by a prisoner who has the ability to pay for the medical and dental care. These funds may be deducted from the prisoner's inmate account. A prisoner shall not be denied medical or dental treatment because he or she has insufficient funds in his or her inmate account. (3) The department may promulgate administrative regulations in accordance with KRS Chapter 13A to implement a program that provides for reimbursement of telehealth consultations. (4) Fees for the use of medical facilities by a state prisoner who is confined in a jail pursuant to KRS 532.100 or other statute shall be governed by KRS 441.045. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 230, sec. 12, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 109, sec. 4, effective April 24, 2020. -- Amended 2018 Ky. Acts ch. 115, sec. 3, effective July 14, 2018. -- Amended 2011 Ky. Acts ch. 2, sec. 27, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 8, sec. 2, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 231, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 376, sec. 23, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 406, sec. 3, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 44, effective July 14, 1992; and ch. 445, sec. 5, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 21, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1966 Ky. Acts ch. 255 sec. 188. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216c-4. Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 3 of that Act.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1947–2023 · leading case: Million v. Raymer
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Million v. Raymer (2004) ky · cites it 14× “[1] Appellant argues that, contrary to the Court of Appeals' decision, the five-year limitations period under KRS 413.”
Bowling v. Kentucky Department of Corrections (2010) ky · cites it 6× “The Department is authorized by KRS 197.020 to adopt regulations regarding the official conduct of Department personnel and the "government of the prisoners in their deportment and conduct.”
Coleman v. Commonwealth (2002) ky · cites it 2× “27-16-01 (Search; Seizure; Chain of Custody; Disposal of Evidence) (hereinafter "Kentucky Corrections Search Policy") IV(1)(A)(1) at 3.”
Riley v. Commonwealth (2003) ky “035; KRS 197.020(l)(a); KRS 439.470(1). 4 . But cf.”
Watkins v. Fannin (2009) kyctapp “]” KRS 197.020(l)(ah Presumably recognizing that prisoner discipline is best conducted at the individual prisons, the Legislature also granted the Secretary of the Justice and Public Safety Cabinet, which oversees the Department, authority to “delegate to any person appointed…”
Department of Welfare v. Brock (1947) kyctapphigh “We believe the Wisconsin case is sound in reasoning and principle, and that under the statutes fixing the status of the prisoner, and giving effect to the consti *248 tutional provision, and KRS 197.020, we conclude that the chancellor, properly sustained the demurrer and…”
Bray v. Mazza (2022) kywd · cites it 2× “021 in the complaint but since this statute does not exist, the Court concludes that he intended to bring his claim under §197.020. II. Because Plaintiff is a prisoner seeking relief against governmental entities, officers, and/or employees, this Court must review the instant…”
Casey v. Doe (2023) kyed “§ 197.020(1)(b) to preserve the health of prisoners “do not provide any private right of action for prisoners to sue the corrections facility, its employees, or its agents.”
— Ky. Rev. Stat. § 197.020(1) — 2 cases
Bowling v. Kentucky Department of Corrections (2010) ky “The Department is authorized by KRS 197.020 to adopt regulations regarding the official conduct of Department personnel and the "government of the prisoners in their deportment and conduct.”
Million v. Raymer (2004) ky “[1] Appellant argues that, contrary to the Court of Appeals' decision, the five-year limitations period under KRS 413.”
— Ky. Rev. Stat. § 197.020(1)(a) — 1 case
Million v. Raymer (2004) ky “[1] Appellant argues that, contrary to the Court of Appeals' decision, the five-year limitations period under KRS 413.”
— Ky. Rev. Stat. § 197.020(1)(b) — 1 case
Casey v. Doe (2023) kyed “§ 197.020(1)(b) to preserve the health of prisoners “do not provide any private right of action for prisoners to sue the corrections facility, its employees, or its agents.”
— Ky. Rev. Stat. § 197.020(2) — 1 case
Million v. Raymer (2004) ky “[1] Appellant argues that, contrary to the Court of Appeals' decision, the five-year limitations period under KRS 413.”
— Ky. Rev. Stat. § 197.020(l) — 1 case
Watkins v. Fannin (2009) kyctapp “]” KRS 197.020(l)(ah Presumably recognizing that prisoner discipline is best conducted at the individual prisons, the Legislature also granted the Secretary of the Justice and Public Safety Cabinet, which oversees the Department, authority to “delegate to any person appointed…”
— Ky. Rev. Stat. § 197.020(l)(a) — 2 cases
Riley v. Commonwealth (2003) ky “035; KRS 197.020(l)(a); KRS 439.470(1). 4 . But cf.”
Million v. Raymer (2004) ky “[1] Appellant argues that, contrary to the Court of Appeals' decision, the five-year limitations period under KRS 413.”
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