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HomeMy WebLinkAbout2018-08-8547213748 CITY OF PADUCAH ORDINANCE NO. 2018-8-8547 AN ORDINANCE REQUIRING PRIVATE CORRECTIONAL FACILITIES TO EXERCISE STRICT CONTROL OF INMATES AND GIVE IMMEDIATE NOTICE TO LAW ENFORCEMENT AGENCIES. WHEREAS, Pursuant to Kentucky Revised Statute 83A.130 local governments may establish rules and regulations necessary for the public health, safety, and welfare; and WHEREAS, the City of Paducah (hereinafter referred to as "City") wishes to guard against escapes from custody or unaccounted for absences from Private Correctional Facilities (hereinafter referred to as "Facilities") and to immediately provide law enforcement officers with the necessary information to apprehend escapees from Facilities and, further provide for public safety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Strict Surveillance and Diligence. In order to prevent escapes and/or r unauthorized absences all Facilities, located in the City of Paducah, are hereby directed to adopt and strictly adhere to all local, state and federal laws, including applicable "best practices" for similar enterprises, to prevent escapes or unaccounted for absences and to ensure that all probationers, inmates or parolees, are at All Times accounted for and under its supervision. Any violation of this section may subject Facilities to Section 4, Penalty, set forth below. Section 2. Notice of Escapee. All Facilities shall be, and are hereby, required without delay to immediately inform the Paducah Police Department, McCracken County Sheriff's Department, Kentucky State Police Department, (collectively referred to as "Law Enforcement") and also all employees of the Facilities upon determining that a probationer, inmate, or parolee may have escaped from custody or is otherwise unaccounted for. Section 3. Policies and Procedures. All Facilities shall be required to promptly develop written policies and procedures which the Facilities shall diligently adhere to in response to a probationer, inmate, or parolee escaping from custody or being otherwise unaccounted for. The written policy and procedure shall be developed and copies provided to Law Enforcement within thirty (30) days from the adoption of this ordinance. Section 4. Penal . The failure of Facilities to strictly comply with the requirements of this ordinance is hereby deemed to be sufficient legal grounds to revoke the Facilities �-- business license pursuant to Chapter 106 of the Code of Ordinances of the City of Paducah. Section 5. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 6. Emergency. For the reasons set forth above, an emergency is declared to exist and the provisions of this Ordinance shall become effective immediately upon its adoption by a vote of 2/3 of the City Commission and publication pursuant to KRS 424. MAYOR ATTEST: City Clerk V Introduced & Adopted by the Board of Commissioners, August 28, 2018 Recorded by City Clerk, August 28, 2018 Published in full by The Paducah Sun, August 30, 2018 Ord\Correctional Facility Escapee Notice Requirement Denton Law Firm