(A) There is hereby established the Cabinet for Public Protection.
(B) (1) The existing functions, personnel, funds, including capital funds and agencies receipts, equipment, facilities and records of the following departments, agencies, and divisions of the former City of Louisville and Jefferson County governments, unless otherwise specified herein, are transferred to the Cabinet for Public Protection:
Louisville Office of Public Safety
Louisville Division of Fire and Rescue
Metropolitan Department of Corrections
Jefferson County Youth Placement Services Division
Louisville and Jefferson County Emergency Management Agency
Jefferson County Department of Emergency Medical Services
Louisville Metro Criminal Justice Commission
(2) In addition to the above, the following boards, agencies or commissions are included for administrative purposes within the Cabinet for Public Protection:
Fire and Rescue Advisory Committee
Louisville Metro Criminal Justice Commission
Jefferson County Domestic Violence Coordinating Council
Jefferson County Mental Health Diversion Board
Jefferson County Suburban Fire Districts
(C) The duties, responsibilities and authorities granted to the above designated departments and enumerated in applicable provisions of the Kentucky Revised Statutes, ordinances and resolutions in place pursuant to KRS 67C.115(1), regulations, policies and procedures adopted by any of the above named departments shall be deemed transferred to the Cabinet for Public Protection. The power granted to the Director of Safety by KRS 95.160 to appoint Special Police shall be exercised by the Secretary of the Cabinet for Public Protection.
(D) The Secretary is authorized to reconcile, if necessary, the fee schedule for medical services rendered to persons utilizing the emergency medical services of the Metro Government. The fee schedule adopted pursuant to this section shall be for transportation, medical services and procedures rendered, and for supplies used. Nothing contained in this subsection is meant to deny any person, under any circumstances, emergency medical services on the grounds that such person is unable to pay for the services. Until such time as a fee schedule is reconciled hereunder, the existing fee schedules previously established by the City and County shall remain in effect.
(E) Emergency Management Agency under Civil Service System. The Louisville/Jefferson County Metro Emergency Management Agency previously under the Civil Service Board of the City of Louisville shall continue under the Louisville/Jefferson County Metro Civil Service Board.
(F) Department of Corrections.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CORRECTIONAL FACILITY.
The jail and all other detention and penal facilities of Metro Government for adult offenders, together with all rehabilitative facilities of Metro Government for adult offenders, as such facilities may be designated from time to time by the Mayor.
DEPARTMENT.
The Metropolitan Department of Corrections created by the Metro Government, where the Constitutional offices of Sheriff and Jailer have been consolidated, pursuant to this section.
GOVERNMENTAL AGENCY.
Any incorporated city or division of a city, including the United States of America, and its agencies and instrumentalities, situated within or conducting public operations within the corporate limits of Metro Government.
JAILER.
The jailer of a county who has been duly elected by the qualified voters of a county, as provided for in Section 99 of the Constitution of the Commonwealth of Kentucky.
SHERIFF.
The Sheriff of Jefferson County who has been duly elected by the qualified voters of Jefferson County, as provided for in Section 99 of the Constitution of the Commonwealth of Kentucky.
(2) Establishment. A Department of Corrections is hereby established by the Metro Government. The Constitutional offices of Sheriff and Jailer have been consolidated as provided in Section 105 of the Constitution of the Commonwealth of Kentucky pursuant to KRS 71.110. The Department shall constitute a de jure department and division of Metro Government, having and possessing all of the enumerated powers, responsibilities, and duties hereinafter specifically set forth.
(3) Department to exercise responsibilities of Sheriff and Jailer. The Department shall exercise all of the duties, responsibilities and liabilities of the Sheriff and Jailer as set forth and contained in the Kentucky Revised Statutes, with reference to the operation and maintenance of the jail and all correctional facilities. The Department shall immediately begin to charge and collect all fees, imposts and charges otherwise provided to be charged and collected by sheriffs and jailers, and deposit same with the Metro Government Treasurer, and thereupon the Sheriff and Jailer shall have no further responsibility, duty, and liability for the performance of said statutory duties on a personal basis. Pursuant to KRS 67B.070, however, the Sheriff shall be required to annually inspect all correctional facilities and render reports as described in subsection (F)(7) of this section.
(4) Director; assistant directors. The Mayor shall appoint and employ a Director, who shall be well-educated, trained, and experienced in the administration of correctional and rehabilitative public facilities, and who, together with assistant directors, to be also appointed and employed by the Mayor, shall have full and complete management of the Department and all of its operations. The Director of the Department, together with all assistant directors shall be directly appointed by and shall serve at the pleasure of the Mayor, and may be removed and replaced upon order of the Mayor.
(5) Powers and duties.
(a) The Department shall, subject to the approval and authorization of the Mayor, generally administer, operate, and maintain all correctional facilities, and formulate and implement necessary correctional, rehabilitative, and training programs.
(b) In carrying out its duties, the Department shall have and possess, subject to the approval and authorization of the Mayor, all powers necessary to effectuate its purposes, including, but not by way of limitation, the following:
1. Prepare an annual budget with reference to the operations of the Department for submission to the Metro Government.
2. Authorize all expenditures of the Department in conformity with the annual budget, as approved by the Metro Government, all such expenditures to be submitted for the Mayor's approval as in the cases of all other Metro Government agencies and departments.
3. Prepare and submit, not less than annually, a report of all the activities, programs, and expenditures of the Department to the Mayor.
4. Employ and dismiss employees, to include metropolitan correctional officers, subject to approval of the Mayor as may be necessary for the proper management and operation of the Department and of the correctional facilities, which are governed by the Department.
5. Promulgate comprehensive rules, regulations, and bylaws for the regulation, administration, maintenance, and operation of the Department, which rules, regulations, and bylaws shall be subject to approval by the Mayor.
6. Comply with all statutory requirements contained in the Kentucky Revised Statutes, with reference to the operation, maintenance, and upkeep for all correctional facilities.
7. Provide for the humane care, treatment, and feeding of all inmates of all correctional facilities.
8. Enter into contracts with private entities or governmental agencies regarding matters of correctional and rehabilitative importance, including the operation, maintenance, and upkeep of correctional or detention facilities.
9. Apply for, and accept, grants in aid from any public or private agency.
(6) Merit system. At such time as Metro Government may institute a merit system for other departments of Metro Government, Metro Government may include the Department of Corrections under this system. Should Metro Government include the Department of Corrections in such a merit system, all employees of the Department below the rank of assistant director shall be covered by the merit system.
(7) Inspection of facilities; reports. As required by KRS 67B.070, the Sheriff shall not less than annually inspect all correctional facilities administered by the Department and shall make a written report to the Mayor and to the Director of the Department, regarding the general operation of all such correctional facilities, which report shall furnish in detail information regarding the number of prisoners and detainees who are inmates of each correctional facility; the offense or causes for their incarceration; the length of stay with reference to same, and such further reports regarding rehabilitative programs instituted and being carried on by the Department as may be required for a complete accounting and report.
(8) Contracts with other government agencies authorized. The Department may enter into contracts and agreements with any other governmental agency operating or having authority to operate correctional facilities, whereby the Department may make the professional services of its staff, or the correctional facilities operated by the Department, available to such other governmental agencies. All other governmental agencies are, in addition to all other powers granted by law, specifically authorized and empowered to enter into such contracts with the Department.
(9) Fees paid by work release participants. Pursuant to KRS 439.179, any person sentenced to confinement with the Department for a misdemeanor, nonpayment of a fine or forfeiture, or contempt of court, who is gainfully employed or becomes gainfully employed and who has been granted the privilege of leaving jail during necessary and reasonable hours to work at his or her employment or conduct his or her own business or other self-employment occupation, shall pay for the cost of his or her board in the jail as provided by statute.
(G) Severability. If any provision of this section as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(Lou. Metro Ord. No. 11-2003, approved 2-13-2003; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 171-2004, approved 11-11-04)