reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5299 Same; participation in formulating comprehensive plans.

75-5299.
Same; participation in formulating comprehensive plans.
Corrections advisory boards established under the provisions of this act shall actively participate in the formulation of the comprehensive plan for the development, implementation and operation of the correctional services described in K.S.A. 75-5291 in the county or group of cooperating counties, and shall make a formal recommendation to the board or boards of county commissioners at least annually concerning the comprehensive plan and its implementation and operation during the ensuing year.
History:
L. 1978, ch. 364, § 10; April 20.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,100 Purchase of correctional services from state under comprehensive plans; determination of costs, grant deductions.

75-52,100.
Purchase of correctional services from state under comprehensive plans; determination of costs, grant deductions.
Any comprehensive plan submitted pursuant to this act may include the purchase of selected correctional services from the state by contract, including the temporary detention and confinement of adults convicted of crime. The secretary of corrections shall annually determine the costs of the purchase of services under this section and deduct them from the grant payable to the county or, in the case of cooperating counties, the grants payable to the counties. In no case shall the charges for correctional services under such contract with the state exceed in cost the amount of the grant the county is eligible or, in the case of cooperating counties, the total amount of the grants the counties are eligible to receive under this act.
History:
L. 1978, ch. 364, § 11; L. 1979, ch. 297, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,102 Comprehensive plans for correctional services; requirements; new program proposals.

75-52,102.
Comprehensive plans for correctional services; requirements; new program proposals.
(a) The comprehensive plan submitted to the secretary of corrections for approval shall include those items prescribed by rules and regulations adopted by the secretary, which may require the inclusion of the following:
(1) A program for the detention, supervision and treatment of persons under pretrial detention or under commitment;
(2) delivery of other correctional services defined in K.S.A. 75-5291 and amendments thereto; and
(3) proposals for new facilities, programs and services, which proposals must include a statement of the need, purposes and objectives of the proposal and the administrative structure, staffing pattern, staff training, financing, degree of community involvement and client participation which are planned for the proposal.
(b) In addition to the foregoing requirements made by this section, each county or group of counties shall be required to develop and implement a procedure for the review by the corrections advisory board and the board or boards of county commissioners of new program applications and other matters proposed to be included under the comprehensive plan and for the manner in which corrections advisory board action shall be taken thereon. A description of this procedure shall be made available to members of the public upon request.
History:
L. 1978, ch. 364, § 13; L. 1989, ch. 92, § 11; January 1, 1990.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,105 Semiannual grant payments; certified expenditure statements by counties.

75-52,105.
Semiannual grant payments; certified expenditure statements by counties.
(a) Upon compliance by a county or group of counties with the requirements for receipt of the grants authorized by the community corrections act and approval of the comprehensive plan by the secretary of corrections, the secretary of corrections shall determine the amount of the annual grant to each such county and, commencing on the next ensuing January 1 or July 1 after approval of the comprehensive plan, shall proceed to pay such grant in equal semiannual payments in accordance with and subject to such act, applicable rules and regulations, and the provisions of appropriations acts.
(b) On a quarterly basis, each county receiving semiannual grant payments under such act shall submit to the secretary of corrections certified statements detailing the amounts expended and costs incurred for the correctional services described in K.S.A. 75-5291, and amendments thereto. Upon receipt of such certified statements, the secretary of corrections shall determine whether each such county is in compliance with the expenditure and operation standards prescribed under such act for such services and shall determine the semiannual payment amount each such county is entitled to receive after making any adjustments for reductions or charges as required by or in accordance with such act and applicable rules and regulations.
(c) Semiannual grant payments for counties entitled thereto under such act shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of corrections or by a person or persons designated by the secretary of corrections to the county treasurers of such counties.
History:
L. 1978, ch. 364, § 16; L. 1992, ch. 189, § 1; L. 2004, ch. 160, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,107 State and county purchase of correctional services from grant-receiving counties.

75-52,107.
State and county purchase of correctional services from grant-receiving counties.
(a) The secretary of corrections may contract for any correctional services described in K.S.A. 75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, including services for inmates classified minimum security or less.
(b) Any county may contract for any correctional services described in K.S.A. 75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, regardless of whether such county or group of counties is in the same judicial district as the county contracting for such services.
History:
L. 1978, ch. 364, § 18; L. 1988, ch. 349, § 3; L. 1990, ch. 323, § 2; April 19.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,110 Required participation by counties in community corrections, options; chief judge, recommendations.

75-52,110.
Required participation by counties in community corrections, options; chief judge, recommendations.
(a) Before July 1, 1990, each county in this state, based on the recommendation from the chief judge of the judicial district in which each such county is located as provided in subsection (b), shall have:
(1) Established a corrections advisory board in accordance with K.S.A. 75-5297, and amendments thereto, and adopted a comprehensive plan for the development, implementation, operation and improvement of the correctional services described in K.S.A. 75-5291, and amendments thereto, which has been approved by the secretary of corrections and which, in addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the correctional services under such plan;
(2) entered into an agreement with a group of cooperating counties to establish a regional or multi-county community correctional services program; established a corrections advisory board in accordance with K.S.A. 75-5297, and amendments thereto; and adopted a comprehensive plan for the development, implementation, operation and improvement of the correctional services described in K.S.A. 75-5291, and amendments thereto, which has been approved by the secretary of corrections and which, in addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the correctional services under such plan. Such group of counties may comply with the provisions of this subsection through cooperative action pursuant to the provisions of K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of this act; or
(3) contracted for correctional services described in K.S.A. 75-5291, and amendments thereto, from any county or group of cooperating counties, as provided in K.S.A. 75-52,107, and amendments thereto, which are receiving grants under this act.
(b) Before September 15, 1989, the chief judge in each judicial district shall make a recommendation to the board of county commissioners in each county in such judicial district which has not established a program to provide for the correctional services described in K.S.A. 75-5291, and amendments thereto, as to which option provided in subsection (a) each such county in such judicial district should choose to comply with the provisions of this act.
History:
L. 1989, ch. 92, § 1; L. 1999, ch. 57, § 70; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,111 Community corrections grants; determination of grant amounts; reductions.

75-52,111.
Community corrections grants; determination of grant amounts; reductions.
(a) On or before each July 1, the secretary of corrections shall determine annually the amount of the grant for the ensuing fiscal year for each county or group of counties which has qualified to receive grants as provided in this section.
(b) The secretary of corrections shall award grants to a county or a group of counties for community correctional services from funds appropriated for that purpose in an amount determined by the secretary. The determination of the grant amount by the secretary shall be based on the following criteria: Staffing levels justified by active cases under supervision; administrative costs; funded contracts for services remaining unused for an unreasonable period of time; any unreasonable indirect costs; client numbers; caseload projections; travel costs; contracted services' costs; shrinkage factors; vacancy savings; turnover rates; and the comprehensive community corrections plan submitted to the secretary meeting the provisions of K.S.A. 75-5290, and amendments thereto. The secretary may reduce a grant to a county or group of counties as provided by K.S.A. 75-52,105, and amendments thereto, or due to changes in the availability of funds.
History:
L. 1989, ch. 92, § 15; L. 1990, ch. 324, § 1; L. 1993, ch. 197, § 3; L. 2007, ch. 197, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,113 Community corrections supervision fund.

75-52,113. Community corrections supervision fund.
There is hereby created in the state treasury the community corrections supervision fund. All moneys credited to the community corrections supervision fund shall be used for grants for community correctional services in accordance with K.S.A. 75-52,111, and amendments thereto, to implement the provisions of this act. All expenditures from the community corrections supervision fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of corrections or the secretary's designee.
History:
L. 2011, ch. 105, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,116 Work by inmates outside correctional institutions; agency relationship not established between state and supervisory entity; limitations; compensation.

75-52,116.
Work by inmates outside correctional institutions; agency relationship not established between state and supervisory entity; limitations; compensation.
(a) The warden of any correctional institution, with the approval of the secretary of corrections, may extend the limits of confinement of inmates who are classified minimum security or less to work for any state agency, federal agency, city, county, school district or nonprofit organization organized for charitable purposes if such work is in furtherance of public service and public welfare or charitable objectives within the community. Such inmates shall remain under the legal custody of the secretary of corrections with the actual limits of confinement extended and without actual supervision of correctional officials. Those persons observing, supervising, managing, controlling and reporting back to corrections officials regarding such inmates in their work shall be agents of the state and of the secretary of corrections for only the purpose of maintaining the confinement of the inmates but shall not, solely by reason of the agency, have law enforcement powers. An agency relationship shall not be established between the state or the secretary of corrections and the other state agency, federal agency, city, county, school district or nonprofit organization in regard to the manner in which the work is assigned, performed, or supervised.
(b) No work assignment pursuant to this section other than assignments to work for state agencies shall result in the displacement of any currently employed worker or position, including partial displacement such as a reduction in the hours of nonovertime work, wages or employment benefits, or result in the impairment of existing contracts for services or collective bargaining agreements. Inmates shall not be utilized to fill a job opening when any individual is on layoff from the same or any substantially equivalent job, or the employer has terminated the employment of any regular employee at the same or substantially equivalent job and the position remains unfilled. Inmates may not be utilized on a project except to the extent that the cost of the project exceeds the funds available and budgeted for that project.
(c) Compensation of inmates working pursuant to this section shall be normal inmate incentive pay rendered to other inmates working within correctional institutions pursuant to K.S.A. 75-5211, and amendments thereto.
History:
L. 1984, ch. 307, § 1; L. 1988, ch. 350, § 1; L. 1990, ch. 325, § 1; L. 1991, ch. 260, § 18; L. 2003, ch. 54, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,119 Secretary of corrections authorized to purchase certain real estate in Jefferson county; title approval by attorney general; uses.

75-52,119.
Secretary of corrections authorized to purchase certain real estate in Jefferson county; title approval by attorney general; uses.
(a) The secretary of corrections is hereby authorized to acquire by purchase for an amount of not to exceed $175,000 the real estate, including improvements thereon, more particularly described as follows: Lot eight (8) and that part of lot one (1) lying south of county road in the northeast fractional quarter (NE 1/4) of section six (6), township ten (10), range nineteen (19), Delaware trust lands, Jefferson county, Kansas, containing 58 acres, more or less. A portion of the above-described real estate has been platted as Shomin Industrial Park, tracts A and B, a subdivision in Jefferson county, Kansas, according to the recorded plat thereof.
(b) Prior to payment for the purchase authorized by this section, the attorney general shall approve the abstract of title or title insurance policies as showing merchantable fee simple title to such property and shall approve the form of the deed or deeds to such property.
(c) The provisions of K.S.A. 75-3043a and 75-3739 and amendments thereto shall not apply to the acquisition authorized by this section or any contracts required therefor.
(d) Subject to the provisions of appropriations acts, the secretary of corrections may establish an honor camp on such real estate in addition to using such real estate for other purposes authorized by law.
History:
L. 1986, ch. 314, § 1; May 22.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,120 Same; pooled money investment board to loan funds therefor; interest rate; payment of principal and interest from correctional industries fund.

75-52,120.
Same; pooled money investment board to loan funds therefor; interest rate; payment of principal and interest from correctional industries fund.
(a) To provide for the costs of the acquisition of real estate authorized by K.S.A. 75-52,119, and amendments thereto, and expenses related thereto, the pooled money investment board is authorized and directed to loan to the secretary of corrections sufficient funds therefor in amounts which in the aggregate do not exceed $175,000. The pooled money investment board is authorized and directed to use any moneys in the operating accounts, investment accounts or other investments, of the state of Kansas to provide the funds for such loan. The loan shall bear interest at an initial rate equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on the date the pooled money investment board provides the loan amount. The rate of such interest shall be adjusted annually on the anniversary of the date the loan was made at a rate equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on such date. The loan principal and interest thereon shall be payable solely from revenues credited to the correctional industries fund or as otherwise provided by law. The loan shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the constitution of the state of Kansas.
(b) Upon certification to the pooled money investment board by the secretary of corrections of the amount of the loan authorized by this section that is required, the pooled money investment board shall transfer the amount certified by the secretary of corrections from the state bank accounts described in this section to the correctional industries fund. The amount so transferred shall not exceed $175,000.
History:
L. 1986, ch. 314, § 2; L. 1992, ch. 146, § 20; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,121 Same; terms and conditions of repayment; period of loan.

75-52,121.
Same; terms and conditions of repayment; period of loan.
Subject to the limitations of this section and K.S.A. 75-52,120, the secretary of corrections shall determine and certify to the pooled money investment board, on or before the date of the certification under subsection (b) of K.S.A. 75-52,120, the terms and conditions of repayment of the principal and interest of such loan amount. The principal and interest of such loan shall be repaid in payments payable at least annually for a period of not more than 10 years. The amounts shall be recomputed each year to reflect the interest rate prescribed by K.S.A. 75-52,120 and shall be based on a total original amortization period of 10 years. Nothing in this act shall prevent the secretary of corrections from repaying, without penalty, any outstanding principal, or any portion thereof, prior to it being due and owing. In the event such payments are made, interest shall be computed on the remaining principal balance.
History:
L. 1986, ch. 314, § 3; May 22.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,122 Ellsworth correctional facility; establishment.

75-52,122.
Ellsworth correctional facility; establishment.
The secretary of corrections is hereby authorized to establish and equip the Ellsworth correctional facility which shall be located in Ellsworth, Kansas.
History:
L. 1987, ch. 335, § 1; L. 1990, ch. 309, § 78; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,123 Same; use.

75-52,123.
Same; use.
The institution so established shall be used for the confinement of inmates committed to the custody of the secretary of corrections who are transferred to such institution pursuant to K.S.A. 75-5206, and amendments thereto.
History:
L. 1987, ch. 335, § 2; May 21.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,124 Same; management and control; warden.

75-52,124.
Same; management and control; warden.
The secretary of corrections shall have general management and control of such institution and of the officers and employees thereof and the inmates therein and of all matters relating to the discipline, control and fiscal concerns thereof, the same as other correctional institutions under the secretary's control and jurisdiction. The secretary may adopt such rules and regulations as may be determined necessary for carrying out the purposes of this act. The secretary shall appoint a warden with such duties as may be prescribed, and the warden so appointed, may select, with the approval of the secretary, officers and employees necessary for the management and operation of the institution. The warden and all other officers and employees shall be within the classified service of the Kansas civil service act.
History:
L. 1987, ch. 335, § 3; L. 1990, ch. 309, § 79; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,125 Control and management of certain buildings and grounds used as correctional institutions.

75-52,125.
Control and management of certain buildings and grounds used as correctional institutions.
Notwithstanding the provisions of K.S.A. 75-3762 and 75-3765, and amendments thereto, the secretary of corrections shall have the charge, care, management and control of all buildings and grounds owned by the state which are used as a correctional institution as defined by K.S.A. 75-5202, and amendments thereto, except that the charge, care, management and control of buildings and grounds which are the subject of an agreement pursuant to K.S.A. 76-12a24, and amendments thereto, shall be in accordance with such agreement.
History:
L. 1988, ch. 321, § 1; L. 2004, ch. 121, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,126 Payment of claims to medical vendors not filed within fiscal year; limitation.

75-52,126.
Payment of claims to medical vendors not filed within fiscal year; limitation.
The director of accounts and reports shall accept for payment from an agent or intermediary authorized to make medical payment reviews and to determine the amount due to medical vendors for the care of inmates, in accordance with agreements entered into by the secretary of corrections under the provisions of K.S.A. 75-5205 and amendments thereto, claims for medical services provided for the care of inmates even though such claims were not submitted or processed for payment within the fiscal year in which the services were rendered, except that no claim filed more than six months after the time the service was rendered shall be allowed or paid.
History:
L. 1988, ch. 329, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,127 Conservation camps.

75-52,127. Conservation camps.
On or after the effective date of this act, the secretary of corrections may establish conservation camps to provide inmates with a highly structured residential work program. Such conservation camps shall be a state correctional institution or facility for confinement under the supervision of the secretary. A conservation camp may accept defendants assigned to such camp as provided in K.S.A. 21-4603 or K.S.A. 21-4603d, prior to its repeal, or K.S.A. 21-6604 or 21-6702, and amendments thereto. Defendants assigned pursuant to K.S.A. 21-4603 or K.S.A. 21-4603d, prior to its repeal, or K.S.A. 21-6604 or 21-6702, and amendments thereto, to a conservation camp may be transferred by the secretary to any other correctional institution or facility. Any inmate sentenced to the custody of the secretary may be confined in a conservation camp, however, only those inmates assigned to the conservation camp pursuant to subsection (a)(5) or (e) of K.S.A. 21-4603d, prior to its repeal, or subsection (a)(5) of K.S.A. 21-6604, or subsection (b)(6) of K.S.A. 21-4603, prior to its repeal, or subsection (b)(6) of K.S.A. 21-6702, and amendments thereto, shall be eligible for release upon successful completion of the conservation camp program.
History:
L. 1989, ch. 92, § 32; L. 1998, ch. 186, § 6; L. 2011, ch. 91, § 32; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,128 Inmate housing opportunities in cities and counties; secretary to consider.

75-52,128.
Inmate housing opportunities in cities and counties; secretary to consider.
The secretary of corrections is hereby authorized and directed to visit Kansas cities and counties and to initiate and participate in discussions with local public officials regarding the opportunities in such cities and counties to satisfy anticipated needs for additional inmate housing.
History:
L. 1989, ch. 31, § 6; May 25.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,129 Placement of inmates in facilities owned and operated by cities and towns; guidelines and limitations.

75-52,129.
Placement of inmates in facilities owned and operated by cities and towns; guidelines and limitations.
(a) The secretary of corrections is hereby authorized to negotiate and enter into contracts with Kansas cities and counties for the placement of inmates, who are classified as medium custody or any higher custody or security classification, in facilities owned and operated by the cities and counties. If the secretary of corrections proposes to place any inmates classified as medium custody or any higher custody classification for confinement in facilities other than correctional or other institutions or facilities owned and operated by the department of corrections or any other state agency, the secretary of corrections shall give first consideration to entering into contracts with Kansas cities and counties under this section before attempting to place any such inmate for confinement at any location outside the state of Kansas if the facilities to be provided under such contracts are substantially equal to facilities at locations outside the state of Kansas and if arrangements can be made in a timely manner. Except as provided in subsection (b), the provisions of this section and any contract or preliminary letter of commitment entered into pursuant to this section shall not apply to any minimum custody or community custody status inmates, or any other custody or security classification lower than medium custody, or to any inmate who may be placed in a work release or prerelease program, center or facility by the secretary of corrections, who is eligible for parole or who is placed pursuant to the interstate corrections compact. Contracts entered into pursuant to this section shall not be subject to competitive bid requirements under K.S.A. 75-3739, and amendments thereto.
(b) The secretary shall not enter into any contract as provided in subsection (a) with any city or county of this state for the placement of inmates that does not provide that such city or county shall provide and maintain appropriate and recognized standards of safety, health and security.
History:
L. 1989, ch. 31, § 7; L. 2000, ch. 182, § 10; May 25.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,131 Redesignation of certain correctional institutions; vesting of properties; references in statutes and other documents.

75-52,131.
Redesignation of certain correctional institutions; vesting of properties; references in statutes and other documents.
(a) On the effective date of this act, the Kansas correctional institution at Lansing shall be consolidated with and become a part of the Kansas state penitentiary. The consolidated institution shall be named the Lansing correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Kansas correctional institution at Lansing or the Kansas state penitentiary shall be vested in the Lansing correctional facility. Whenever the Kansas correctional institution at Lansing or Kansas state penitentiary, or words of like effect, are referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Lansing correctional facility.
(b) On the effective date of this act, the Stockton correctional facility shall be consolidated with and become a part of the Norton correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Stockton correctional facility shall be vested in the Norton correctional facility. Whenever the Stockton correctional facility, or words of like effect, are referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Norton correctional facility.
(c) The name of the state industrial reformatory is hereby changed to the Hutchinson correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the state industrial reformatory shall be vested in the Hutchinson correctional facility. Whenever the state industrial reformatory, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Hutchinson correctional facility.
History: L. 1990, ch. 309, § 1; L. 1991, ch. 260, § 19; April 25.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,131a Same; vesting of properties; references in statutes and other documents.

75-52,131a.
Same; vesting of properties; references in statutes and other documents.
(a) On the effective date of this act, the Hutchinson correctional work facility shall be consolidated with and become a part of the Hutchinson correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Hutchinson correctional work facility shall be vested in the Hutchinson correctional facility. Whenever the Hutchinson correctional work facility, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Hutchinson correctional facility.
(b) On the effective date of this act, the Topeka correctional facility—west shall be consolidated with and become a part of the Topeka correctional facility—east. The consolidated institution shall be named the Topeka correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Topeka correctional facility—west or the Topeka correctional facility—east shall be vested in the Topeka correctional facility. Whenever the Topeka correctional facility—west or the Topeka correctional facility—east, or words of like effect, are referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Topeka correctional facility.
History:
L. 1991, ch. 260, § 1; April 25.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,132 Community correctional conservation camp in Labette county; approved for bond financing.

75-52,132.
Community correctional conservation camp in Labette county; approved for bond financing.
The secretary of corrections and the board of commissioners of Labette county are hereby authorized to enter into agreements to establish and operate a community correctional conservation camp in Labette county. The county of Labette is hereby authorized to construct, equip and operate such community correctional conservation camp pursuant to such agreements. The capital improvement project to construct and equip a community correctional conservation camp is hereby approved for the department of corrections and Labette county for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the issuance of bonds for such project by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance of bonds for such purpose and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto.
History:
L. 1990, ch. 272, § 1; May 3.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,133 Prohibition of certain local and private prisons.

75-52,133.
Prohibition of certain local and private prisons.
(a) Except as authorized by Kansas statute, no city, county or private entity shall authorize, construct, own or operate any type of correctional facility for the placement or confinement of inmates from any agency of another state.
(b) The provisions of this section shall not apply to:
(1) Facilities used exclusively for placement or confinement of inmates from an agency of the federal government; or
(2) regional, city or county jails used exclusively as such jails and as places of detention for inmates, prisoners or fugitives as authorized by K.S.A. 19-1917, 19-1930 or 75-5217, and amendments thereto.
History:
L. 1990, ch. 309, § 84; L. 1991, ch. 266, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,134 Use of Topeka correctional facility.

75-52,134.
Use of Topeka correctional facility.
The part of the Topeka correctional facility which formerly was known as the state correctional-vocational training center at Topeka, Kansas, shall be used to confine or house only female inmates having a custody or security classification of medium or minimum or lower and shall not be used to confine or house such inmates having a maximum custody or security classification either on a permanent or temporary basis.
History:
L. 1990, ch. 322, § 3; L. 1991, ch. 260, § 20; April 25.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,135 Personal property of inmates, abandonment; disposition.

75-52,135.
Personal property of inmates, abandonment; disposition.
(a) Any personal property owned by an inmate and located at a correctional institution shall be considered abandoned property if the inmate escapes from custody.
(b) Any personal property owned by an inmate and located at a correctional institution shall be considered abandoned property if the property is not claimed by an inmate or an authorized representative of an inmate within 90 days after the inmate's release from incarceration.
(c) Any personal property owned by an inmate and located at a correctional institution shall be considered abandoned property if the property is not claimed by an authorized representative of an inmate within 90 days after the inmate's death while incarcerated.
(d) Any personal property which is determined to be abandoned pursuant to this section shall be reported to the administrator of unclaimed property in the state treasurer's office pursuant to K.S.A. 58-3950, and amendments thereto. The administrator of unclaimed property in the state treasurer's office shall then dispose of the property in accordance with K.S.A. 58-3934 et seq., and amendments thereto.
(e) As used in this section, "correctional institution" has the meaning ascribed thereto in subsection (d) of K.S.A. 75-5202, and amendments thereto, and "personal property" shall include any property an inmate is authorized by the secretary of corrections to possess while incarcerated, including any funds held by the correctional institution for the inmate.
History:
L. 1991, ch. 250, § 1; L. 2002, ch. 69, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,136 Lease of land under secretary's control for production of oil, gas or other minerals.

75-52,136.
Lease of land under secretary's control for production of oil, gas or other minerals.
(a) The secretary of corrections is hereby authorized to lease any of the lands under the secretary's control, the title of which is vested in the state of Kansas for the production of oil, gas or other minerals which the secretary may deem valuable for that purpose. All such leases shall be on such terms and conditions as the secretary may prescribe, except that such leases shall not be for a period of more than five years, and so long thereafter as oil, gas or other minerals are produced in paying quantities thereon.
(b) Before entering into any lease pursuant to this section, the secretary of corrections shall give not less than 30 days' public notice, by publication in the Kansas register, of the secretary's intention to enter such lease. Any such lease shall be awarded in accordance with the competitive bid laws of this state. The right to reject any and all bids for leases shall be reserved by the secretary of corrections. Any lease under the provisions of this act shall be executed by the secretary of corrections, shall contain a recital of all proceedings in compliance with this section and shall be approved as to form by the attorney general.
(c) The lessee under any lease pursuant to this section shall be liable in damages to any surface lessee and to the state for any and all injury, damage or loss, caused by any act or omission of the lessee, to any property of the surface lessee or to any property of the state located upon or used in connection with such lands.
(d) No lease pursuant to this section, nor the uses or occupancy thereunder, shall interfere materially with the purposes for which the lands were granted to the state of Kansas.
(e) All proceeds of any lease pursuant to this section 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 state general fund.
History:
L. 1991, ch. 264, § 2; L. 2001, ch. 5, § 400; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,137 Consolidation of El Dorado correctional work facility into El Dorado correctional facility.

75-52,137.
Consolidation of El Dorado correctional work facility into El Dorado correctional facility.
(a) On the effective date of this act, the El Dorado correctional work facility shall be transferred to, consolidated with and become a part of the El Dorado correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the El Dorado correctional work facility shall be transferred to and be vested in the El Dorado correctional facility. Whenever the El Dorado correctional work facility, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the El Dorado correctional facility.
(b) On the effective date of this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the institution being transferred by subsection (a) and who, in the opinion of the secretary of corrections are necessary to perform the powers, duties and functions of the institution with which it is consolidated, shall be transferred to, and shall become officers and employees thereof. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous.
History:
L. 1992, ch. 245, § 1; May 21.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,138 Certain civil actions filed by inmate; exhaustion of administrative remedies required.

75-52,138.
Certain civil actions filed by inmate; exhaustion of administrative remedies required.
Any inmate in the custody of the secretary of corrections or in a county jail, prior to filing any civil action naming the state of Kansas, any political subdivision of the state of Kansas, any public official, the secretary of corrections, the warden, the sheriff, or an employee of the department of corrections or the county, while such employee is engaged in the performance of such employee's duty, as the defendant pursuant to the rules of civil procedure, shall have exhausted such inmate's administrative remedies, established by rules and regulations promulgated by the secretary of corrections or by county resolutions, concerning such civil action. Upon filing a petition in a civil action, such inmate shall file with such petition proof that the administrative remedies have been exhausted.
History:
L. 1994, ch. 227, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,139 Secretary adopts rules and regulations for offenders to pay fees; expenditures; department of corrections victim assistance fund.

75-52,139.
Secretary adopts rules and regulations for offenders to pay fees; expenditures; department of corrections victim assistance fund.
(a) The secretary of corrections is hereby authorized to adopt rules and regulations under which offenders in the secretary's custody may be assessed fees for various services provided to offenders and for deductions for payment to the crime victims compensation fund.
(b) All moneys received for fees imposed under this section for various services provided to offenders 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 department of corrections - general fees fund. All expenditures of the moneys credited to the department of corrections - general fees fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
(c) The expenditures of the fees imposed under this section for various services provided to offenders shall be for victim assistance operations, inmate services and the supervision and management of offenders.
(d) There is hereby created in the state treasury the department of corrections victim assistance fund. All moneys credited to such fund under the provisions of K.S.A. 75-5211, and amendments thereto, or any other law shall be expended only for the purpose of victim assistance operations. All moneys received 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 department of corrections victim assistance fund. All expenditures of the moneys credited to the department of corrections victim assistance fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History:
L. 1994, ch. 227, § 10; L. 2008, ch. 91, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,140 Severability clause.

75-52,140.
Severability clause.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given affect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1994, ch. 227, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-52,141 Conveyance of real estate in Ellsworth county.

75-52,141.
Conveyance of real estate in Ellsworth county.
(a) The secretary of corrections is hereby authorized and empowered to exchange and convey for and on behalf of the state of Kansas all the rights, title and interest in a tract of real estate located in Ellsworth county, Kansas, as set forth below.
(b) Conveyance of such rights, title and interest in such real estate shall be in accordance with the procedures prescribed therefor by the secretary of corrections and shall be executed in the name of the department of corrections by the secretary on behalf of the state of Kansas.
(c) No conveyance of real estate authorized by this section shall be made or accepted by the secretary of corrections until the deeds, titles and conveyances have been reviewed and approved by the attorney general.
History:
L. 1995, ch. 28, § 1; March 30.