History: L. 1973, ch. 339, § 1; July 1, 1974.
(a) "Secretary" means the secretary of corrections.
(b) "Parole board" means the Kansas parole board established by K.S.A. 22-3707 and amendments thereto.
(c) "Inmate" means any person incarcerated in any correctional institution of the state of Kansas.
(d) "Correctional institution" means the Lansing correctional facility, Hutchinson correctional facility, Topeka correctional facility, Norton correctional facility, Ellsworth correctional facility, Winfield correctional facility, Osawatomie correctional facility, Larned correctional mental health facility, Toronto correctional work facility, Stockton correctional facility, Wichita work release facility, El Dorado correctional facility, and any other correctional institution established by the state for the confinement of offenders under control of the secretary of corrections.
(e) "Warden" means the person in charge of the operation and supervision of a correctional institution.
(f) "Corrections officer" means a full-time, salaried officer or employee under the jurisdiction of the secretary, whose duties include the receipt, custody, control, maintenance, discipline, security and apprehension of persons convicted of criminal offense in this state and sentenced to a term of imprisonment under the custody of the secretary.
(g) "Parole officer" means a full-time salaried officer or employee under the jurisdiction of the secretary whose duties include:
(1) Investigation, supervision, arrest and control of persons on parole or postrelease supervision and the enforcement of the conditions of parole or postrelease supervision; and
(2) services which relate to probationers, parolees or persons on postrelease supervision and are required by the uniform act for out-of-state parolee supervision.
History: L. 1973, ch. 339, § 2; L. 1978, ch. 365, § 4; L. 1983, ch. 284, § 6; L. 1984, ch. 112, § 14; L. 1987, ch. 335, § 7; L. 1990, ch. 309, § 46; L. 1991, ch. 260, § 8; L. 1992, ch. 245, § 3; L. 1993, ch. 291, § 247; July 1.
(b) Except as provided by subsection (c), no person shall be eligible for appointment to, or hold the position of, secretary of corrections unless such person:
(1) Has had at least five years' experience in the field of corrections or as an executive officer in the administration of federal or state penal or correctional institutions; or
(2) (A) has had at least three years' experience in the field of corrections or as an executive officer in the administration of federal or state penal or correctional institutions; and (B) has a degree from an accredited college or university, which degree is based on penology or a related field as a major of study; or
(3) (A) has had at least five years' experience as a federal, appellate or district judge or federal, district or county prosecutor, five years' experience in military administration or administration of a criminal justice agency or five years' administrative experience treating criminal offenders through programs involving penal custody, parole, probation and sentencing; (B) has a degree from an accredited college or university, which degree is in a social or behavioral science, penology, corrections, criminal justice, police science, criminology, public administration, local corrections programs or a related field; and (C) has demonstrated administrative ability and leadership.
(c) If the governor is unable to appoint a person as secretary who possesses the qualifications required by subsection (b), the governor may appoint a person without such qualifications as acting secretary, who shall be subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and shall serve at the pleasure of the governor.
(d) Before entering upon the duties of the office, the secretary shall take and subscribe an oath to faithfully and honestly discharge the duties of the office to the best of the secretary's knowledge and ability.
(e) The provisions of the Kansas governmental operations accountability law apply to the department of corrections, and the department is subject to audit, review and evaluation under such law.
History: L. 1973, ch. 339, § 3; L. 1974, ch. 403, § 5; L. 1977, ch. 305, § 1; L. 1981, ch. 299, § 38; L. 1982, ch. 347, § 67; L. 1987, ch. 349, § 1; L. 1992, ch. 116, § 47; L. 2001, ch. 86, § 12; April 12.
History: L. 1973, ch. 339, § 4; L. 1976, ch. 397, § 1; July 1.
(b) For purpose of carrying out the secretary's duties, the secretary shall have the authority to receive and expend federal funds and to contract with qualified individuals, partnerships, corporations, organizations, other agencies of the state and the federal government and its agencies.
(c) The secretary shall devote the secretary's entire time to the duties conferred upon the secretary by this act. The secretary may appoint such employees as may be necessary for the efficient management and administration of the department of corrections and as are within available appropriations therefor, and such employees shall be within the classified service under the Kansas civil service act unless otherwise specifically provided by law. Any person appointed as an attorney shall be in the unclassified service under the Kansas civil service act.
(d) The secretary may appoint such advisors or groups of advisors as the secretary deems necessary to carry out the duties imposed by this act. Such advisors or groups of advisors will serve at the pleasure of the secretary and may receive mileage and subsistence allowances.
(e) The secretary may accept and receive for the department of corrections or a correctional institution any gift of property which the secretary determines would enhance the services provided by the department of corrections.
(f) The secretary of administration shall provide the department of corrections with office space at Topeka.
History: L. 1973, ch. 339, § 5; L. 1974, ch. 403, § 8; L. 1975, ch. 458, § 1; L. 1978, ch. 332, § 48; L. 1978, ch. 366, § 4; L. 1978, ch. 330, § 40; L. 1979, ch. 296, § 1; L. 1984, ch. 330, § 1; L. 1985, ch. 288, § 1; L. 1988, ch. 301, § 28; L. 1992, ch. 245, § 4; May 21.
(b) All institutions of the department of corrections shall be institutions for the incarceration of felons sentenced to the custody of the secretary of corrections. The secretary may enter into interagency agreements authorizing the use of department of corrections' institutions for the temporary housing of pretrial detainees, misdemeanor offenders and other persons confined in local detention facilities or jails when the local facility cannot be used to house those persons due to a natural disaster or other emergency. Authorization shall not be given for the temporary housing of juveniles under 16 years of age.
(c) No person under 16 years of age sentenced to the secretary's custody shall be placed in the Lansing correctional facility or the Hutchinson correctional facility.
(d) The secretary shall have the authority to order the placement of a juvenile, as described in K.S.A. 2007 Supp. 38-2366, and amendments thereto, in a juvenile correctional facility. Such juvenile shall be allowed to be in a juvenile correctional facility only until such juvenile reaches the age of 23 years.
History: L. 1973, ch. 339, § 6; L. 1977, ch. 118, § 3; L. 1978, ch. 367, § 1; L. 1989, ch. 92, § 4; L. 1990, ch. 149, § 6; L. 1996, ch. 229, § 129; L. 1998, ch. 54, § 1; L. 2006, ch. 169, § 125; Jan. 1, 2007.
History: L. 1973, ch. 339, § 7; July 1, 1974.
History: L. 1973, ch. 339, § 8; July 1, 1974.
The costs of transfer as well as the transportation of the inmate to the appropriate state institution shall be borne by the correctional institution from which such inmate is transferred. No inmate shall receive treatment at the state security hospital after expiration of the inmate's sentence. If the inmate shall be in need of continued treatment for mental illness at the expiration of the inmate's term of confinement, petition to obtain such treatment for the inmate shall be filed pursuant to the care and treatment act for mentally ill persons.
Any inmate transferred to the state security hospital pursuant to this section may correspond freely, without censorship, with any person, except that any such incoming correspondence or parcels may be opened and examined for the purpose of intercepting any items which the superintendent of such institution has declared to be contraband.
History: L. 1973, ch. 339, § 9; L. 1975, ch. 474, § 1; L. 1986, ch. 211, § 38; L. 1990, ch. 309, § 47; L. 1991, ch. 260, § 9; L. 1996, ch. 167, § 62; Apr. 18.
(b) Programs of work, education or training shall include a system of promotional rewards entitling inmates to progressive transfer from high security status to a lesser security status. The secretary shall have authority at any time to transfer an inmate from one level of status to another level of status. Inmates may apply to the secretary for such status privileges. The secretary shall adopt a custody classification manual establishing standards relating to the transfer of an inmate from one status to another, and in developing such standards the secretary shall take into consideration progress made by the inmate toward attaining the educational, vocational and behavioral goals set by the secretary for the individual inmate. In order to facilitate the reintegration into the community of some inmates who are scheduled for release within the next 90 days, there shall be a presumption of minimum security status for those offenders who have been returned to prison for violating conditions of their postrelease supervision not involving a new criminal conviction and whose last facility security custody status was not either special management or maximum. This presumption shall be applied to the initial security custody status assigned to the offender upon readmission into a correctional facility unless the security custody status is increased pursuant to policies adopted by the secretary. The security custody status designated by the department shall not be subject to judicial review.
(c) The secretary, with the cooperation of the department of health and environment, shall adopt rules and regulations establishing and prescribing standards for health, medical and dental services for each institution, including preventive, diagnostic and therapeutic measures on both an outpatient and a hospital basis, for all types of patients. An inmate may be taken, when necessary, to a medical facility outside the institution.
(d) Under rules and regulations adopted by the secretary, directors of institutions may authorize visits, correspondence and communication, under reasonable conditions, between inmates and appropriate friends, relatives and others.
(e) The secretary shall adopt rules and regulations under which inmates, as part of a program anticipating their release from minimum security status, may be granted temporary furloughs from a correctional institution or contract facility to visit their families or to be interviewed by prospective employers.
(f) The secretary shall adopt rules and regulations for the maintenance of good order and discipline in the correctional institutions, including procedures for dealing with violations. Disciplinary rules and regulations may provide a system of punishment including segregation, forfeitures of good time earned, fines, extra work, loss of privileges, restrictions and payment of restitution.
The secretary and any persons designated by rules and regulations of the secretary may administer oaths for the purpose of conducting investigations and disciplinary proceedings pursuant to rules and regulations adopted by the secretary under this subsection and under K.S.A. 75-5251 and amendments thereto. For this purpose, the secretary shall adopt rules and regulations designating those persons who may administer oaths in such investigations and proceedings and the form and manner of administration of the oaths.
(g) A copy of the rules and regulations adopted pursuant to subsection (f) shall be provided to each inmate. Other rules and regulations of the secretary which are required to be published pursuant to K.S.A. 77-415 through 77-437, and amendments thereto, shall be made available to inmates by placing a copy in the inmate library at the institution or by some other means providing reasonable accessibility to inmates.
(h) Any inmate participating in work and educational release programs under the provisions of K.S.A. 75-5267 and amendments thereto shall continue to be in the legal custody of the secretary of corrections, notwithstanding the inmate's absence from a correctional institution by reason of employment, education or for any other purpose related to such work and educational release programs, and any employer or educator of that person shall be considered the representative or agent for the secretary.
(i) The secretary shall establish administrative and fiscal procedures to permit the use of regional or community institutions, local governmental or private facilities or halfway houses for the placement of inmates released for the purposes of this act and for the work and educational release programs under K.S.A. 75-5267 and amendments thereto.
(j) The secretary may establish correctional work facilities and select inmates to be assigned to such facilities.
(k) The secretary may acquire, in the name of the state, by lease, purchase or contract additional facilities as may be needed for the housing of persons in the secretary's custody.
(l) The secretary is hereby authorized to use any of the inmates assigned to the secretary's custody in the construction and repair of buildings or property on state owned or leased grounds.
(m) For the purposes of establishing and carrying out the programs provided for by subsection (a) and by K.S.A. 75-5267 and amendments thereto, the secretary may contract with qualified individuals, partnerships, corporations or organizations; with agencies of the state; or with the United States or any political subdivision of the state, or any agency thereof.
History: L. 1973, ch. 339, § 10; L. 1978, ch. 368, § 1; L. 1979, ch. 296, § 2; L. 1980, ch. 285, § 1; L. 1981, ch. 347, § 1; L. 1984, ch. 319, § 1; L. 1990, ch. 309, § 48; L. 1992, ch. 239, § 286; L. 2002, ch. 154, § 1; July 1.
(b) A copy of any agreement and any revisions thereof shall be entered into the inmate's record.
History: L. 1988, ch. 115, § 6; L. 1990, ch. 113, § 1; L. 1992, ch. 239, § 287; L. 2007, ch. 50, § 1; July 1.
(b) The secretary of corrections shall establish programs and prescribe procedures for withdrawing amounts from the compensation paid to inmates from all sources for the same purposes as are prescribed by K.S.A. 75-5268, and amendments thereto for moneys of work release participants, except that any inmate employed in a private industry program, other than work release, shall, in addition to the deductions specified in K.S.A. 75-5268, and amendments thereto, have deduction of 5% of monthly gross wages paid to the crime victims compensation fund or a local property crime fund for the purpose of victim compensation. The department of corrections is authorized to make this deduction and payment to the crime victims compensation fund or a local property crime fund. In the event a local fund has made a payment to a victim of a property crime under this act and there is an order of restitution for which moneys are being withheld from an inmate under K.S.A. 75-5268, and amendments thereto, the secretary shall cause such moneys deducted for use by the state crime victims compensation board to be paid quarterly to the local fund, if any, then the balance to the state crime victims compensation fund. If there is no order of restitution, then K.S.A. 75-5268, and amendments thereto shall apply to the disposition of funds.
(c) (1) Upon the initial release of any inmate on parole, conditional release, postrelease supervision or expiration of the inmate's maximum sentence, the inmate shall be provided with suitable clothing and, if the inmate has a balance of $500 or less in the inmate's trust account, a cash payment of $100. If the inmate subsequently violates a condition of release resulting in reincarceration and is thereafter again released on parole, conditional release, postrelease supervision or expiration of the inmate's maximum sentence, the inmate may be provided, pursuant to rules and regulations of the secretary of corrections, with a cash payment of not more than $100. Any inmate who is gainfully employed under the work release provisions of K.S.A. 75-5267 and 75-5268, and amendments thereto, or who is gainfully employed by a private business enterprise operating on the grounds of a correctional institution under K.S.A. 75-5288, and amendments thereto, or any other private business at which inmates are permitted to be gainfully employed, or any inmate paroled or released to a detainer shall not be eligible to receive this cash payment unless the inmate is released to the community within 30 days of the execution of the detainer.
(2) An inmate released on expiration of the inmate's maximum sentence shall be provided public transportation, if required, to the inmate's home, if within the state, or, if not, to the place of conviction or to some other place not more distant, as selected by the inmate. An inmate released on parole or conditional release shall be provided public transportation, if required, to the place to which the inmate was paroled or conditionally released.
History: L. 1973, ch. 339, § 11; L. 1975, ch. 458, § 2; L. 1978, ch. 366, § 5; L. 1980, ch. 286, § 1; L. 1981, ch. 348, § 1; L. 1984, ch. 330, § 2; L. 1986, ch. 334, § 1; L. 1986, ch. 308, § 2; L. 1988, ch. 346, § 1; L. 1989, ch. 239, § 25; L. 1990, ch. 321, § 17; L. 1991, ch. 260, § 10; L. 1993, ch. 144, § 1; L. 1997, ch. 104, § 1; L. 2003, ch. 122, § 1; July 1.
(b) Except as provided in subsection (c), no person shall receive a permanent appointment as a corrections officer or a parole officer unless awarded a certificate by the secretary, attesting to satisfactory completion of a basic course of instruction approved by the secretary and consisting of not less than 200 hours of instruction. The certificate shall be effective during the term of a person's employment, except that any person who has terminated employment with the secretary for a period exceeding one year shall be required to be certified again.
(c) The secretary may award a certificate attesting to the satisfactory completion of a basic course of instruction to any person who has been duly certified under the laws of another state or territory if, in the opinion of the secretary, the requirements for certification in the other jurisdiction are equal to or exceed the requirements for certification in this state. The secretary may waive any number of hours or courses required to complete the basic course of instruction for any person who, in the opinion of the secretary, has received sufficient training or experience that such hours of instruction would be unduly burdensome or duplicitous.
(d) Every corrections officer shall receive 80 hours of in-service training annually.
History: L. 1973, ch. 339, § 19; L. 1974, ch. 403, § 7; L. 1978, ch. 365, § 5; L. 1980, ch. 287, § 1; L. 1984, ch. 112, § 15; L. 1990, ch. 309, § 50; May 24.
(b) Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of corrections created by this act shall be deemed to have the same force and effect as if performed by the state director of penal institutions in whom such functions were vested prior to the effective date of this act.
(c) Whenever the state director of penal institutions, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of corrections created by this act.
History: L. 1973, ch. 339, § 24; July 1, 1974.
(b) The secretary may utilize the volunteer services of, or contract with, any of the following to obtain parole services if necessary and if an economic benefit to the state or an improvement in parole and correctional objectives can be shown:
(1) Any qualified individual, partnership, corporation or organization;
(2) any agency of the state;
(3) the United States; or
(4) any political subdivision of the state, or any agency thereof.
Volunteer or contract parole officers shall have the same powers and duties as parole officers employed by the secretary, except that they shall not be deemed to be law enforcement officers or have law enforcement powers.
History: L. 1973, ch. 339, § 20; L. 1978, ch. 120, § 16; L. 1981, ch. 349, § 1; July 1.
History: L. 1973, ch. 339, § 21; Repealed, L. 1978, ch. 120, § 34; July 1.
History: L. 1973, ch. 339, § 22; L. 1978, ch. 120, § 17; L. 1992, ch. 239, § 288; July 1, 1993.
(b) Upon such arrest and detention, the parole officer shall notify the secretary of corrections, or the secretary's designee, within five days and shall submit in writing a report showing in what manner the released inmate had violated the conditions of release. After such notification is given to the secretary of corrections, or upon an arrest by warrant as herein provided, and the finding of probable cause pursuant to procedures established by the secretary of a violation of the released inmate's conditions of release, the secretary or the secretary's designee may cause the released inmate to be brought before the Kansas parole board, its designee or designees, for a hearing on the violation charged, under such rules and regulations as the board may adopt, or may dismiss the charges that the released inmate has violated the conditions of release and order the released inmate to remain on parole, conditional release or post release supervision. It is within the discretion of the Kansas parole board whether such hearing requires the released inmate to appear personally before the board when such inmate's violation results from a conviction for a new felony or misdemeanor. An offender under determinant sentencing whose violation does not result from a conviction of a new felony or misdemeanor may waive the right to a final revocation hearing before the Kansas parole board under such conditions and terms as may be prescribed by rules and regulations promulgated by the Kansas parole board. Relevant written statements made under oath shall be admitted and considered by the Kansas parole board, its designee or designees, along with other evidence presented at the hearing. If the violation is established to the satisfaction of the Kansas parole board, the board may continue or revoke the parole or conditional release, or enter such other order as the board may see fit. The revocation of release of inmates who are on a specified period of postrelease supervision shall be for a six-month period of confinement from the date of the revocation hearing before the board or the effective date of waiver of such hearing by the offender pursuant to rules and regulations promulgated by the Kansas parole board, if the violation does not result from a conviction for a new felony or misdemeanor. Such period of confinement may be reduced by not more than three months based on the inmate's conduct, work and program participation during the incarceration period. The reduction in the incarceration period shall be on an earned basis pursuant to rules and regulations adopted by the secretary of corrections.
(c) If the violation results from a conviction for a new felony, upon revocation, the inmate shall serve the entire remaining balance of the period of postrelease supervision even if the new conviction did not result in the imposition of a new term of imprisonment.
(d) If the violation results from a conviction for a new misdemeanor, upon revocation, the inmate shall serve a period of confinement, to be determined by the Kansas parole board, which shall not exceed the remaining balance of the period of postrelease supervision.
(e) In the event the released inmate reaches conditional release date as provided by K.S.A. 22-3718 and amendments thereto after a finding of probable cause, pursuant to procedures established by the secretary of corrections of a violation of the released inmate's conditions of release, but prior to a hearing before the Kansas parole board, the secretary of corrections shall be authorized to detain the inmate until the hearing by the Kansas parole board. The secretary shall then enforce the order issued by the Kansas parole board.
(f) If the secretary of corrections issues a warrant for the arrest of a released inmate for violation of any of the conditions of release and the released inmate is subsequently arrested in the state of Kansas, either pursuant to the warrant issued by the secretary of corrections or for any other reason, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the secretary's warrant to the date of the released inmate's arrest.
If a released inmate for whom a warrant has been issued by the secretary of corrections for violation of the conditions of release is subsequently arrested in another state, and the released inmate has been authorized as a condition of such inmate's release to reside in or travel to the state in which the released inmate was arrested, and the released inmate has not absconded from supervision, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the warrant to the date of the released inmate's arrest. If the released inmate for whom a warrant has been issued by the secretary of corrections for violation of the conditions of release is subsequently arrested in another state for reasons other than the secretary's warrant and the released inmate does not have authorization to be in the other state or if authorized to be in the other state has been charged by the secretary with having absconded from supervision, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the warrant by the secretary to the date the released inmate is first available to be returned to the state of Kansas. If the released inmate for whom a warrant has been issued by the secretary of corrections for violation of a condition of release is subsequently arrested in another state pursuant only to the secretary's warrant, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the secretary's warrant to the date of the released inmate's arrest, regardless of whether the released inmate's presence in the other state was authorized or the released inmate had absconded from supervision.
The secretary may issue a warrant for the arrest of a released inmate for violation of any of the conditions of release and may direct that all reasonable means to serve the warrant and detain such released inmate be employed including but not limited to notifying the federal bureau of investigation of such violation and issuance of warrant and requesting from the federal bureau of investigation any pertinent information it may possess concerning the whereabouts of the released inmate.
(g) Law enforcement officers shall execute warrants issued by the secretary of corrections, and shall deliver the inmate named in the warrant to the jail used by the county where the inmate is arrested unless some other place is designated by the secretary, in the same manner as for the execution of any arrest warrant.
(h) For the purposes of this section, an inmate or released inmate is an individual under the supervision of the secretary of corrections, including, but not limited to, an individual on parole, conditional release, postrelease supervision, probation granted by another state or an individual supervised under any interstate compact in accordance with the provisions of the uniform act for out-of-state parolee supervision, K.S.A. 22-4101 et seq. and amendments thereto.
History: L. 1973, ch. 339, § 23; L. 1977, ch. 306, § 1; L. 1978, ch. 120, § 18; L. 1981, ch. 350, § 3; L. 1987, ch. 350, § 1; L. 1991, ch. 264, § 1; L. 1992, ch. 239, § 289; L. 1994, ch. 291, § 82; L. 1995, ch. 121, § 5; L. 1996, ch. 267, § 16; L. 1998, ch. 186, § 4; L. 1999, ch. 54, § 1; L. 1999, ch. 164, § 35; L. 2000, ch. 35, § 1; L. 2007, ch. 48, § 1; July 1.
(b) When an offender's sentence has been modified in accordance with the provisions of K.S.A. 21-4609, and amendments thereto, the clerk of the court which imposed such modified sentence shall within three business days notify the secretary of corrections by sending a certified copy of the court's order modifying the offender's sentence to the secretary or the secretary's designee.
History: L. 1973, ch. 339, § 27; L. 1978, ch. 120, § 19; L. 1980, ch. 104, § 8; L. 1990, ch. 309, § 51; L. 1991, ch. 260, § 11; L. 2002, ch. 50, § 2; July 1.
History: L. 1973, ch. 339, § 28; July 1, 1974.
(b) Any female offender sentenced according to the provisions of K.S.A. 75-5229 and amendments thereto shall be conveyed by the sheriff having such offender in custody directly to a correctional institution designated by the secretary of corrections, subject to the provisions of K.S.A. 75-52,134 and amendments thereto. The expenses of such conveyance to the designated institution shall be charged against and paid out of the general fund of the county whose sheriff conveys such female offender to such institution.
(c) Each offender conveyed to a state correctional institution pursuant to this section shall be accompanied by the record of the offender's trial and conviction as prepared by the clerk of the district court in accordance with K.S.A. 75-5218 and amendments thereto.
(d) If the offender in the custody of the secretary is a juvenile, as described in K.S.A. 2007 Supp. 38-2366, and amendments thereto, such juvenile shall not be transferred to the state reception and diagnostic center until such time as such juvenile is to be transferred from a juvenile correctional facility to a department of corrections institution or facility.
History: L. 1973, ch. 339, § 29; L. 1975, ch. 459, § 1; L. 1978, ch. 120, § 20; L. 1983, ch. 284, § 7; L. 1990, ch. 322, § 1; L. 1990, ch. 309, § 52; L. 1990, ch. 149, § 7; L. 1991, ch. 260, § 12; L. 1996, ch. 229, § 130; L. 2000, ch. 181, § 14; L. 2006, ch. 172, § 1; L. 2007, ch. 195, § 42; July 1.
History: L. 1973, ch. 339, § 29; L. 1975, ch. 459, § 1; L. 1978, ch. 120, § 20; L. 1983, ch. 284, § 7; L. 1990, ch. 322, § 1; L. 1990, ch. 309, § 52; L. 1990, ch. 149, § 7; L. 1991, ch. 260, § 12; L. 1996, ch. 229, § 130; L. 2000, ch. 181, § 14; L. 2006, ch. 169, § 126; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 1973, ch. 339, § 30; L. 1992, ch. 239, § 290; July 1, 1993.
History: L. 1973, ch. 339, § 31; L. 1998, ch. 186, § 5; L. 1999, ch. 53, § 1; July 1.
History: L. 1973, ch. 339, § 32; L. 1996, ch. 155, § 1; July 1.
History: L. 1973, ch. 339, § 33; July 1, 1974.
History: L. 1973, ch. 339, § 34; L. 1990, ch. 309, § 53; May 24.
(b) Unlawful use of inmate labor shall constitute a class A misdemeanor.
History: L. 1973, ch. 339, § 35; L. 1990, ch. 309, § 54; May 24.
History: L. 1973, ch. 339, § 36; Repealed, L. 1996, ch. 55, § 1; July 1.
History: L. 1973, ch. 339, § 37; L. 1975, ch. 462, § 121; L. 1976, ch. 398, § 1; L. 1981, ch. 351, § 1; Repealed, L. 1996, ch. 136, § 1; Apr. 11.
(b) Every woman sentenced to the custody of the secretary of corrections shall be given a scientific examination and study and shall have a program planned and recommended for her, which examination, study and program shall be substantially equal to that provided for in K.S.A. 75-5262 and amendments thereto. The examination shall be given, the study shall be made and the program shall be prepared in accordance with procedures prescribed by the secretary of corrections, subject to the provisions of K.S.A. 75-52,134, and amendments thereto. If the woman in the custody of the secretary is a juvenile, as described in K.S.A. 2007 Supp. 38-2366, and amendments thereto, such juvenile shall not be given a scientific examination and study until such time as such juvenile is to be transferred from a juvenile correctional facility to a department of corrections institution or facility.
History: L. 1973, ch. 339, § 75; L. 1977, ch. 307, § 1; L. 1978, ch. 369, § 1; L. 1978, ch. 369, § 2; L. 1983, ch. 284, § 8; L. 1984, ch. 331, § 1; L. 1990, ch. 322, § 2; L. 1990, ch. 149, § 8; L. 1996, ch. 229, § 131; L. 2006, ch. 169, § 127; Jan. 1, 2007.
History: L. 1974, ch. 401, § 1; Repealed, L. 1986, ch. 335, § 1; July 1.
(b) The secretary of corrections shall require that any party desiring to enter into such a contract have adequate levels of liability insurance.
(c) The secretary of corrections shall require the contracting party to present evidence of training for its employees prior to transporting any individual.
(d) An individual engaged in transportation pursuant to a contract with the secretary of corrections shall have the authority of a person assisting a law enforcement officer as provided in K.S.A. 21-3215 and amendments thereto.
(e) The secretary of corrections shall adopt such rules and regulations as necessary to implement the provisions of this section.
History: L. 1986, ch. 309, § 1; July 1.
(b) All the powers, duties and functions of the existing director of a correctional institution are hereby transferred to, conferred, and imposed upon the warden of such correctional institution. Whenever the director of a correctional institution, or words of like effect, is referred to or designated by a statute, contract or document, such reference or designation shall be deemed to apply to the warden of the correctional institution.
History: L. 1973, ch. 339, § 25; L. 1990, ch. 309, § 55; May 24.
History: L. 1973, ch. 339, § 26; L. 1975, ch. 458, § 3; L. 1990, ch. 309, § 56; May 24.
History: L. 1975, ch. 466, § 1; L. 1978, ch. 365, § 6; L. 1990, ch. 309, § 57; May 24.
History: L. 1973, ch. 339, § 38; July 1, 1974.
History: L. 1973, ch. 339, § 39; L. 1988, ch. 347, § 1; L. 1990, ch. 309, § 58; May 24.
History: L. 1973, ch. 339, § 40; L. 1975, ch. 458, § 4; L. 1976, ch. 400, § 1; L. 1990, ch. 309, § 59; L. 1994, ch. 274, § 20; L. 1997, ch. 115, § 4; July 1.
The secretary shall have free access to the correctional institutions at all times, and it shall be the duty of the warden and other officers of any such correctional institution, whenever requested, to exhibit to the secretary, on demand, all the books, papers, accounts and writings pertaining to the correctional institution, or to the business, government, discipline or management thereof, and to render to the secretary every other facility in their power to enable the secretary to discharge the secretary's duties under this act.
The secretary shall adopt rules and regulations for the direction and government of such correctional institutions and the officers thereof, and may change the same from time to time.
History: L. 1973, ch. 339, § 41; L. 1990, ch. 309, § 60; May 24.
(a) To oversee the government and discipline of the correctional institution, and to superintend all business concerns thereof.
(b) To give necessary directions to the officers and employees and to examine whether they have been careful and vigilant in their respective duties.
(c) To examine into the state of the correctional institution and for the health, conduct and safekeeping of the inmates.
(d) To use every proper means to furnish employment to the inmates most beneficial to the public and best suited to their several capacities under the direction of the secretary.
(e) To take charge of all real and personal property belonging to the state in and about the correctional institution or appurtenant thereto.
History: L. 1973, ch. 339, § 42; L. 1978, ch. 366, § 6; L. 1990, ch. 309, § 61; May 24.
History: L. 1973, ch. 339, § 43; L. 1990, ch. 309, § 62; May 24.
History: L. 1973, ch. 339, § 44; L. 1990, ch. 309, § 63; May 24.
History: L. 1973, ch. 339, § 45; L. 1990, ch. 309, § 64; May 24.
(b) All rules and regulations or orders for the government of a correctional institution and the enforcement of discipline therein adopted or issued by the secretary of corrections and all orders issued by the warden of the correctional institution shall be published and made available to all inmates, other than rules and regulations and orders relating to emergency or security procedures. Every order issued by the warden of a correctional institution shall be effective until rescinded or amended by the warden or until disapproved by the secretary.
History: L. 1973, ch. 339, § 46; L. 1978, ch. 120, § 21; L. 1990, ch. 309, § 65; May 24.
History: L. 1973, ch. 339, § 47; L. 1974, ch. 403, § 9; L. 1990, ch. 309, § 66; L. 2005, ch. 15, § 1; July 1.
History: L. 1973, ch. 339, § 48; L. 1990, ch. 309, § 67; May 24.
History: L. 1973, ch. 339, § 49; L. 1990, ch. 309, § 68; May 24.
History: L. 1973, ch. 339, § 18; L. 1990, ch. 309, § 69; May 24.
History: L. 1973, ch. 339, § 50; L. 1983, ch. 284, § 9; Repealed, L. 1990, ch. 309, § 85; May 24.
History: L. 1973, ch. 339, § 53; L. 1975, ch. 459, § 2; L. 1978, ch. 368, § 3; L. 1989, ch. 92, § 5; L. 1990, ch. 322, § 4; L. 1990, ch. 309, § 70; L. 1991, ch. 260, § 13; April 25.
History: L. 1973, ch. 339, § 54; L. 1990, ch. 309, § 71; L. 1991, ch. 260, § 14; April 25.
History: L. 1973, ch. 339, § 55; L. 1990, ch. 309, § 72; L. 1991, ch. 260, § 15; April 25.
History: L. 1973, ch. 339, § 56; L. 1990, ch. 309, § 73; L. 1991, ch. 260, § 16; April 25.
History: L. 1973, ch. 339, § 57; L. 1977, ch. 307, § 2; L. 1983, ch. 284, § 10; L. 1990, ch. 309, § 74; L. 1991, ch. 260, § 17; L. 2005, ch. 12, § 1; July 1.
(1) To travel to and from and visit at a specified place or places for a period of not to exceed thirty (30) days for the following purposes:
(A) To visit a member of the inmate's immediate family who is in danger of death;
(B) to attend the funeral services or other last rites of a member of the inmate's immediate family;
(C) to obtain health services otherwise not available to the inmate at an institution operated by the state;
(D) to interview prospective employers; or
(E) any other purpose consistent with the public interest.
(2) To work at paid employment or participate in a program of job training if:
(A) The rates of pay, hours and other conditions of employment will be substantially comparable to those afforded others in the community for the performance of work of a similar nature;
(B) such paid employment or job training will not result in the significant displacement of employed workers in the community.
(b) The secretary of corrections is hereby authorized to establish educational release programs under which inmates committed to the custody of the secretary may be granted the privilege of leaving actual confinement for the purposes of education or training.
(c) The placement of any inmate in a community pursuant to the provisions of subsection (a) or subsection (b) shall be in accordance with any applicable federal rules or regulations.
(d) In areas where facilities, programs and services suitable for these purposes are not available within the state correctional system when needed, the secretary shall contract with the proper authorities of political subdivisions of the state, with any agency of the state, with the federal government, with available community corrections centers or facilities funded by private sources, or with qualified private corporations or organizations for quartering inmates with such privileges in suitable confinement facilities and for programs and services for inmates in such facilities.
(e) Nothing in this act shall be construed to prevent inmates from working for and the products of their labor being disposed of by any state agency, local agency, federal government, or any other state or political subdivision thereof. Merchandise made by prisoners when said merchandise is for personal benefit of inmates, may be sold or exchanged within the confines of the institution subject to rules and regulations of the secretary.
History: L. 1973, ch. 339, § 12; L. 1975, ch. 458, § 5; L. 1978, ch. 368, § 4; L. 1979, ch. 296, § 3; July 1.
(a) A designated minimum amount of that money paid to the secretary shall be returned to the state general fund or to the political subdivision, federal government or community-based center for such inmate's food and lodging or, if the inmate is participating in a private industry program other than work release, the minimum amount collected shall be deposited to the correctional industries fund;
(b) transportation to and from the place of employment at the rate allowed in K.S.A. 75-3203 and amendments thereto;
(c) if any of the dependents of the inmate are receiving public assistance, a reasonable percentage of the inmate's net pay after deduction of the above expenses shall be forwarded to the court which ordered support for the dependent or, if there is no order, to the secretary of social and rehabilitation services;
(d) a reasonable percentage of the inmate's net pay after deduction of the above expenses shall be disbursed for the payment, either in full or ratable, of the inmate's obligations if such obligations relate to the care and support of the defendant's immediate family and have been reduced to judgment;
(e) after deduction of the above amounts, payment of a reasonable amount for costs assessed to the inmate pursuant to the code of civil procedure;
(f) to the clerk of the district court in which the crime occurred, payment of a reasonable amount pursuant to an order for all costs, fines, fees and restitution assessed. Such payment shall be distributed in the following order of priority: Restitution, costs, fines and fees;
(g) payment of a reasonable amount into a savings account for disbursement to the inmate upon release from custody;
(h) after deduction of the above amounts, a reasonable percentage of the inmate's net pay shall be disbursed for the payment, either in full or ratable, of the inmate's other obligations acknowledged by the inmate in writing, as authorized by the secretary; and
(i) the balance, if any, shall be credited to the inmate's account and shall be made available to the inmate in such manner and for such purposes as are authorized by the secretary.
History: L. 1973, ch. 339, § 13; L. 1980, ch. 286, § 2; L. 1984, ch. 330, § 3; L. 1988, ch. 218, § 4; L. 1990, ch. 321, § 18; L. 1994, ch. 227, § 9; L. 1997, ch. 105, § 1; L. 2007, ch. 197, § 5; July 1.
History: L. 1973, ch. 339, § 14; July 1, 1974.
History: L. 1973, ch. 339, § 15; Repealed, L. 1988, ch. 348, § 1; July 1.
History: L. 1973, ch. 339, § 16; L. 1975, ch. 462, § 122; Repealed, L. 1988, ch. 348, § 1; July 1.
History: L. 1973, ch. 339, § 17; Repealed, L. 1988, ch. 348, § 1; July 1.
History: L. 1973, ch. 339, § 76; July 1, 1974.
(a) "Local agency" means any county, city, township, school district and any other political subdivision or taxing district in this state.
(b) "State agency" means any state office or officer, department, board, commission, institution, bureau, or any agency, division or unit within any office, department, board, commission or other authority of this state.
(c) "Other state" means any other state or political subdivision thereof.
(d) "Federal government" means the federal government or any agency thereof.
(e) "Organization" means any church or any not-for-profit corporation organized for eleemosynary purposes.
History: L. 1973, ch. 339, § 77; L. 1978, ch. 366, § 7; July 1.
(b) The secretary is hereby authorized to sell all such articles, products and services to the federal government, any state agency, state employees for their personal use, any local agency, or any organization within the state and, to the extent not prohibited by federal law, to other states.
(c) The secretary is hereby authorized to contract with a private individual, corporation, partnership or association for work projects involving assembly, processing, fabrication or repair of parts or components for goods or products being manufactured or produced by the contracting party. Any contract authorized by this subsection shall be in compliance with federal law and shall not result in the significant displacement of employed workers in the community. If an inmate receives at least federal minimum wage pursuant to a contract authorized by this subsection, the provisions of K.S.A. 75-5211 and 75-5268, and amendments thereto, for withdrawing amounts from the compensation paid to inmates shall apply.
History: L. 1973, ch. 339, § 78; L. 1978, ch. 366, § 8; L. 1986, ch. 336, § 1; L. 2007, ch. 52, § 1; July 1.
(b) The federal government, state employees for their personal use, other states, local agencies and organizations may purchase from the secretary such articles, products or services that are produced or provided by inmates under the prison-made goods act and state agencies may purchase from the secretary such services as are provided by inmates.
History: L. 1973, ch. 339, § 79; L. 1978, ch. 366, § 9; L. 2007, ch. 52, § 2; July 1.
History: L. 1973, ch. 339, § 80; L. 1978, ch. 366, § 10; July 1.
History: L. 1973, ch. 339, § 81; July 1, 1974.
History: L. 1973, ch. 339, § 82; Repealed, L. 1978, ch. 366, § 14; July 1.
History: L. 1973, ch. 339, § 83; L. 1978, ch. 366, § 11; July 1.
(b) Nothing in this section shall be so construed or interpreted as to authorize or permit the incurring of a state debt of any kind or nature as contemplated by the constitution of this state in relation to such debt.
History: L. 1973, ch. 339, § 84; L. 1978, ch. 366, § 12; L. 1999, ch. 163, § 2; July 1.
(b) All moneys collected by the secretary from the sale or disposition of goods manufactured and services provided under the prison-made goods act shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the correctional industries fund. All the moneys collected and deposited pursuant to this subsection shall be used solely for the purchase of manufacturing supplies, equipment and machinery, for the repair, maintenance and replacement of equipment and machinery, for administrative expenses and as provided in subsection (d).
(c) The balance of all proceeds from the lease of agricultural land at a correctional institution, after payment of the expenses of the lease from such proceeds, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the correctional industries fund.
(d) Any unencumbered moneys in the correctional industries fund may be expended for capital improvement projects for the renovation or repair of existing buildings or facilities or for the construction or acquisition of building or facilities for correctional industries as provided in K.S.A. 75-5281 and 75-5288, and amendments thereto. Such capital improvement projects shall not be subject to the requirements to prepare and submit capital improvement budget estimates as provided in K.S.A. 75-3717b, and amendments thereto. Prior to commencement of a capital improvement project, the director of Kansas correctional industries shall advise and consult with the joint committee on state building construction concerning such capital improvement projects.
History: L. 1973, ch. 339, § 85; L. 1978, ch. 366, § 13; L. 1982, ch. 370, § 1; L. 1986, ch. 337, § 1; L. 1990, ch. 309, § 75; L. 1996, ch. 70, § 1; L. 1999, ch. 163, § 3; L. 2001, ch. 5, § 398; July 1.
History: L. 1973, ch. 339, § 86; L. 1983, ch. 284, § 11; Repealed, L. 1990, ch. 309, § 85; May 24.
History: L. 1973, ch. 339, § 87; L. 1986, ch. 123, § 28; July 1.
(b) Whenever probation and parole officers under the jurisdiction of the Kansas adult authority or the state parole board, or words of like effect, are referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to parole officers under the jurisdiction of the secretary of corrections.
History: L. 1973, ch. 339, § 91; L. 1978, ch. 120, § 22; L. 1990, ch. 309, § 76; May 24.
History: L. 1973, ch. 339, § 92; July 1, 1974.
History: L. 1978, ch. 366, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.
(b) Subject to approval by the secretary of corrections, any corporation operating a factory or other business or commercial enterprise under this section may employ selected inmates of the correctional institution upon whose grounds it operates.
(c) Notwithstanding the provisions of K.S.A. 75-3738 to 75-3744, inclusive, article 12 of chapter 75 of the Kansas Statutes Annotated, article 58 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, or of any other laws to the contrary, the secretary of corrections may enter into agreements with a private individual, firm, corporation or other lawful entity for the purpose of accepting as a donation, lease or purchase, on behalf of the state any building or renovation of a building to be used for the manufacture and processing of goods, wares or merchandise, or any other business or commercial enterprise deemed by the secretary of corrections to be consistent with the proper training and rehabilitation of inmates.
(1) Such agreements may provide for the financing, design, construction or renovation of such buildings on the grounds of correctional facilities. The secretary may not obligate the expenditure of state funds except as provided by K.S.A. 75-5281 and amendments thereto.
(2) Buildings constructed or renovated pursuant to this section shall become the property of the state as provided by such agreements or after 20 years, whichever time period is shorter.
(d) Any business enterprise established under the provisions of this section shall be deemed a private enterprise and subject to all the laws, rules and regulations of this state governing the operation of similar business enterprises elsewhere in this state.
(e) The authority of the secretary of corrections over the institutions of the department of corrections and the inmates thereof shall not be diminished by this section.
History: L. 1978, ch. 366, § 2; L. 1999, ch. 163, § 4; July 1.
History: L. 1978, ch. 366, § 3; L. 2001, ch. 5, § 399; July 1.
History: L. 1978, ch. 364, §