reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5246 Wardens, appointment; civil service; references to former director means warden.

75-5246.
Wardens, appointment; civil service; references to former director means warden.
(a) The secretary of corrections shall appoint a warden of each of the correctional institutions under the secretary's supervision and control. Such wardens shall be within the classified service under the Kansas civil service act, but the residence requirements of such act shall not apply to such appointment.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5247 Oaths of corrections officers; uniforms.

75-5247.
Oaths of corrections officers; uniforms.
Every corrections officer who shall be appointed pursuant to the provisions of this act shall make and file in the office of the secretary, within 15 days after the appointment, the constitutional oath of office. Each corrections officer who is required by the rules of the correctional institution to wear a uniform shall be furnished with at least two uniform suits upon commencement of employment duties at the correctional institution and replacements thereof as needed.
History: L. 1973, ch. 339, § 26; L. 1975, ch. 458, § 3; L. 1990, ch. 309, § 56; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5247a Powers and duties of corrections officers.

75-5247a.
Powers and duties of corrections officers.
The warden of any correctional institution within the Kansas department of corrections, all deputy wardens, all persons on the staff of the department of corrections who are in the chain of command from the secretary of corrections to the corrections officer and every corrections officer, regardless of rank, while acting within the scope of their duties as employees of the department of corrections, shall possess such powers and duties of a law enforcement officer as are necessary for the performance of such duties and may exercise such powers and duties anywhere within the state of Kansas. Such powers and duties may be exercised outside the state of Kansas for the purpose of maintaining custody, security and control of any prisoner or inmate being transported or escorted by anyone authorized to so act. Such employees of the department of corrections shall be responsible to and shall be at all times under the supervision and control of the secretary of corrections or the secretary's designee.
History:
L. 1975, ch. 466, § 1; L. 1978, ch. 365, § 6; L. 1990, ch. 309, § 57; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5248 Social counselor, psychologist or psychiatrist for certain correctional institutions.

75-5248.
Social counselor, psychologist or psychiatrist for certain correctional institutions.
Any correctional institution that averages more than fifty (50) inmates daily shall provide a minimum of one social counselor for every one hundred (100) inmates incarcerated. Any institution that has over five hundred (500) inmates shall have a minimum of one trained psychiatrist or psychologist for every five hundred (500) inmates.
History:
L. 1973, ch. 339, § 38; July 1, 1974.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5249 Chief physician; duties.

75-5249.
Chief physician; duties.
The secretary of corrections shall employ or contract with a person licensed to practice medicine and surgery to be the chief physician for each correctional institution under the secretary's supervision and control. One chief physician may be made responsible for more than one such institution. It is hereby made the duty of the chief physician of any correctional institution to direct the operation and management of such institution's medical services and to supervise and coordinate all inmate health care in such institution. Such physician may recommend to the warden of any institution the transportation of an inmate to an outside medical care facility, as defined by K.S.A. 65-425 and amendments thereto, when necessary to protect the health of such inmate.
History:
L. 1973, ch. 339, § 39; L. 1988, ch. 347, § 1; L. 1990, ch. 309, § 58; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5250 Officers and employees of correctional institutions; appointment; reassignment; moving expenses.

75-5250.
Officers and employees of correctional institutions; appointment; reassignment; moving expenses.
The officers of any correctional institution under the supervision and control of the secretary of corrections shall consist of a warden, who may reside at the correctional institution, and such other officers and employees, including physicians and attorneys, as the secretary deems necessary. The warden of each correctional institution shall be appointed by the secretary. All other officers and employees of the several correctional institutions shall be appointed by the warden of each institution with the approval of the secretary. Subject to available appropriations, student interns may be appointed to temporary positions, the duration of which shall not exceed 150 calendar days, as corrections officers of such institutions. Any physician or attorney so appointed and any student intern appointed as a temporary corrections officer shall be in the unclassified service under the Kansas civil service act. All other such officers and employees shall be within the classified service under the Kansas civil service act, but the residence requirements of the act shall not apply. The secretary is hereby authorized for good cause to assign and reassign the supervisory personnel, including the warden of any correctional institution, to any other correctional institution at any time without the consent of such warden, officer or employee. The expenses of moving caused by such assignment or reassignment shall be paid by the department of corrections in accordance with K.S.A. 75-3225.
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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5251 Government and discipline of correctional institutions; release supervision services; duties of secretary; investigatory powers; rules and regulations.

75-5251.
Government and discipline of correctional institutions; release supervision services; duties of secretary; investigatory powers; rules and regulations.
The secretary shall have power, and it shall be the secretary's duty from time to time, to examine and inquire into all matters connected with the government and discipline of the correctional institutions and release supervision services under the secretary's supervision and control; the punishment and employment of the inmates, and releasees under the secretary's supervision and the purchases and sales of the articles provided for such correctional institutions and parole offices or sold on account thereof; and the secretary may from time to time require reports from the warden, parole director or other officers of any such correctional institution or parole office in relation to any or all of such matters. It shall be the secretary's duty to inquire into any improper conduct which may be alleged to have been committed by the warden, parole director or any other officer of any such correctional institution or parole office; and for that purpose the secretary shall have power to issue subpoenas to compel the attendance of witnesses, and the production of papers and writings in the same manner and with like effect as in cases of arbitration. The secretary may administer oaths to any such witnesses before examination thereof.
The secretary shall have free access to the correctional institutions and parole offices at all times, and it shall be the duty of the warden, parole director and other officers of any such correctional institution or parole office, whenever requested, to exhibit to the secretary, on demand, all the books, papers, accounts and writings pertaining to the correctional institution or parole office, 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 or policies 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; L. 2010, ch. 34, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5252 Duties of wardens of institutions.

75-5252.
Duties of wardens of institutions.
Subject to the general supervision of the secretary of corrections and applicable rules and regulations adopted by the secretary, it shall be the duty of the warden of each correctional institution:
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5253 Rules and regulations; contracts.

75-5253.
Rules and regulations; contracts.
All transactions and dealings on account of the correctional institution shall be conducted under such rules and regulations as a secretary may adopt; and all contracts made by the warden as authorized or provided by law shall be reduced to writing, and approved by the secretary, and one copy of every contract shall be kept on file by the warden.
History:
L. 1973, ch. 339, § 43; L. 1990, ch. 309, § 62; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5254 Accounts and monthly reports by warden.

75-5254.
Accounts and monthly reports by warden.
It shall be the duty of the warden of each correctional institution to keep a regular and correct account of all moneys received by the warden from every source by virtue of the warden's office, including all moneys taken from any inmate, or received as the proceeds of property taken from them, and of all sums paid by any inmate, and the persons to whom and the purposes for which the same were paid; and to make out and deliver to the secretary, monthly, under oath, a return of all moneys received and paid by the warden on account of the correctional institution during the preceding month, specifying from whom received and to whom paid, and on what account, and stating also the balance in the warden's hands at the time of rendering such account.
History:
L. 1973, ch. 339, § 44; L. 1990, ch. 309, § 63; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5255 Reports of operations, moneys and property by warden.

75-5255.
Reports of operations, moneys and property by warden.
The warden of each correctional institution shall annually, on the last day of June, close the warden's account, and on or before July 31 thereafter shall render to the secretary a full and true account of all moneys received by the warden on account of the correctional institution, and of all moneys expended by the warden for the use thereof, with sufficient vouchers for the same. To the several returns and accounts required to be rendered there shall be annexed an affidavit of the warden of the correctional institution, stating that the same are true in every respect, to the best of the warden's knowledge and belief. The warden shall make out and deliver monthly to the secretary a return of the property on hand, which return shall contain a full and complete exhibit of the affairs of the correctional institution at the date of its rendition, together with all the profits or increase by reason of the added labor of the inmates, or from any sources whatever. The warden shall also make and deliver to the secretary, on or before August 1 in every year, a report exhibiting a comprehensive view of the transactions of the correctional institution during the preceding year, and stating the number of inmates confined therein, the various kinds of business in which they are employed, the number employed in each branch, and the profits, if any, arising to the state therefrom.
History:
L. 1973, ch. 339, § 45; L. 1990, ch. 309, § 64; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5256 Orders of warden; publication and availability to inmates of orders and rules and regulations.

75-5256.
Orders of warden; publication and availability to inmates of orders and rules and regulations.
(a) The warden of each correctional institution may issue orders subject to the provisions of law and the rules and regulations adopted by the secretary of corrections, as the warden may deem necessary for the government of the correctional institution and the enforcement of discipline therein.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5257 Money and property of inmates; accounts.

75-5257.
Money and property of inmates; accounts.
It shall be the duty of the warden of each correctional institution to take charge of any money or property which any inmate may have with the inmate at the time of entering the correctional institution. If property, the warden may sell or preserve the same as desired by the inmate. Such money, or the proceeds of the sale of any such property, if the same shall amount to at least $25, may be placed at interest in a federally insured financial institution by the warden for the benefit of such inmate or the inmate's representatives. The warden shall keep an account of all such money or property, and shall pay the amount of proceeds thereof, or return the same to the inmate when discharged, or to the inmate's legal representatives in case of the death of such inmate. In case of abandonment of such property, the warden shall dispose of it in accordance with K.S.A. 75-52,135, and amendments thereto.
History:
L. 1973, ch. 339, § 47; L. 1974, ch. 403, § 9; L. 1990, ch. 309, § 66; L. 2005, ch. 15, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5258 Deputy wardens; designation; duties.

75-5258.
Deputy wardens; designation; duties.
Whenever there shall be a vacancy in the office of the warden of a correctional institution, or when the warden shall necessarily be absent from the correctional institution, all the duties and keeping of the inmates and the discipline of the correctional institution shall devolve upon and be executed by the person designated by the warden until the vacancy be filled, or the warden returned to the correctional institution. The deputy warden shall perform, under the directions of the warden, such duties connected with the office of the latter as the warden may assign the deputy warden, and shall in all things cooperate with the warden in the government, management and police regulations of the correctional institution.
History:
L. 1973, ch. 339, § 48; L. 1990, ch. 309, § 67; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5259 Record of conduct of inmates; report.

75-5259.
Record of conduct of inmates; report.
The warden of each correctional institution shall cause to be kept a record of each and every infraction of the rules of discipline by the inmates, with the name of the inmate offending, and the date and character of each offense, which record shall be placed before the secretary monthly.
History:
L. 1973, ch. 339, § 49; L. 1990, ch. 309, § 68; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5260 Release of inmate from confinement unaccompanied by custodial agent, when.

75-5260.
Release of inmate from confinement unaccompanied by custodial agent, when.
The warden of any correctional institution of the state of Kansas, with the advice and consent of the secretary of corrections, may extend the limits of the place of confinement of an inmate who has been confined in a correctional institution at least two years, who has a good behavior record and who has a minimum security classification, to allow such inmate to leave the confines of such correctional institution unaccompanied by a custodial agent for a prescribed period of time within the state of Kansas for other than reasons now prescribed by law.
History:
L. 1973, ch. 339, § 18; L. 1990, ch. 309, § 69; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5266 Psychiatric evaluation reports privileged.

75-5266. Psychiatric evaluation reports privileged.
Psychiatric evaluation reports of correctional facilities shall be privileged and shall not be disclosed directly or indirectly to anyone except as provided herein. The court, the district or county attorney, the attorney for the defendant or inmate, the prisoner review board and its staff, the wardens and classification committees of the state correctional institutions and those persons authorized by the secretary shall have access to such reports. Such reports may be disclosed to: (1) The defendant or inmate or members of the defendant's or inmate's family; (2) the defendant's or inmate's friends when authorized by the defendant or inmate or the defendant's or inmate's family; or (3) the superintendent or director of any other state institution when authorized by the warden, or secretary of corrections. Employees of the correctional institutions under the supervision of the secretary are expressly forbidden from disclosing the contents of such reports to anyone except as provided herein. Nothing in this section shall be construed as preventing the attorney for the defendant or inmate from discussing such reports with the defendant or inmate.
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; L. 2012, ch. 16, § 37; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5269 Failure of prisoner to remain within limits or to return within time prescribed, deemed aggravated escape.

75-5269. Failure of prisoner to remain within limits or to return within time prescribed, deemed aggravated escape.
The willful failure of an inmate to remain within the extended limits of such inmate's confinement or to return within the time prescribed to an institution or facility designated by the secretary shall be deemed an aggravated escape from custody as provided for in subsection (b) of K.S.A. 21-5911, and amendments thereto.
History:
L. 1973, ch. 339, § 14; L. 2011, ch. 30, § 279; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5273 Prison-made goods.

75-5273.
Prison-made goods.
K.S.A. 75-5273 to 75-5282, inclusive, may be cited as the "prison-made goods act of Kansas."
History:
L. 1973, ch. 339, § 76; July 1, 1974.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5274 Same; definitions.

75-5274.
Same; definitions.
As used in the prison-made goods act of Kansas, the following words and terms shall have, respectively, the meanings ascribed to them by this section:
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5275 Prison-made goods; establishment of industries at correctional institutions; authorized sales; contracts for certain work projects, conditions.

75-5275. Prison-made goods; establishment of industries at correctional institutions; authorized sales; contracts for certain work projects, conditions.
(a) The secretary is hereby authorized to purchase in the manner provided by law, equipment, raw materials and supplies, and to employ the supervisory personnel necessary to establish and maintain for this state at each correctional institution, industries for the utilization of services of inmates or juvenile offenders in the manufacture or production of such articles or products or in providing such services as authorized by the prison-made goods act of Kansas.
(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 or juvenile offender 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 or juvenile offenders shall apply.
(d) The secretary is hereby authorized to contract with a private individual, corporation, partnership or association for work projects involving the repair of real estate damaged by a tenant under the release supervision of the department of corrections.
History:
L. 1973, ch. 339, § 78; L. 1978, ch. 366, § 8; L. 1986, ch. 336, § 1; L. 2007, ch. 52, § 1; L. 2009, ch. 56, § 1; L. 2010, ch. 9, § 2; L. 2014, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5275a Same; home building program; limitations on production of manufactured or modular homes.

75-5275a. Same; home building program; limitations on production of manufactured or modular homes.
(a) Notwithstanding any provision of the prison-made goods act of Kansas to the contrary, the secretary shall not establish or maintain a home building program which manufacturers [manufactures] or produces housing units which would compete with the:
(1) (A) Manufactured homes or modular homes manufactured, assembled or sold by manufactured home manufacturers; or
(B) manufactured homes or modular homes sold by manufactured home dealers; or
(2) (A) modular homes manufactured, assembled or sold by modular home manufacturers; or
(B) modular homes sold by modular home dealers.
(b) As used in this section:
(1) "Manufactured home" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto;
(2) "manufactured home dealer" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto;
(3) "manufactured home manufacturer" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto;
(4) "modular home" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto; and
(5) "secretary" means the secretary of corrections.
(6) "Vocational building program" means the vocational building program operated by the secretary to provide individual, freestanding buildings, not to exceed 1,000 square feet in size, to state agencies for use by such agencies.
(c) The provisions of this section shall not apply to a vocational building program.
(d) This section shall be a part of and supplemental to the prison-made goods act of Kansas.
History:
L. 2013, ch. 49, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5276 Same; purchase of goods and services by public agencies, organizations and state employees; certain state agency purchases mandated.

75-5276.
Same; purchase of goods and services by public agencies, organizations and state employees; certain state agency purchases mandated.
(a) All state agencies shall purchase from the secretary all articles or products required by such state agencies that are produced by inmates and no such article or product shall be purchased by any state agency from any other source, unless excepted from the provisions of this section by law or in accordance with K.S.A. 75-5277, and amendments thereto.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5277 Same; exceptions to mandatory purchase requirement.

75-5277.
Same; exceptions to mandatory purchase requirement.
Exceptions from the operation of the mandatory provisions of K.S.A. 75-5276 may be made in any case where in the opinion of the secretary of administration and the director of purchases the article or product so produced or manufactured does not meet the reasonable requirements of or for such state agency, or in any case where the requisition made cannot be reasonably complied with.
History:
L. 1973, ch. 339, § 80; L. 1978, ch. 366, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5278 Same; director of accounts and reports bound by voucher or warrant; intentional violation; penalty.

75-5278.
Same; director of accounts and reports bound by voucher or warrant; intentional violation; penalty.
No voucher, certificate or warrant issued on the director of accounts and reports by any state agency shall be questioned by him or her or by the state treasurer on the grounds that this act has not been complied with by such state agency, but if intentional violation of this act by any state agency continues such shall constitute a malfeasance in office and shall subject the person responsible for such violation to suspension or removal from office.
History:
L. 1973, ch. 339, § 81; July 1, 1974.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5280 Same; prices determined by secretary of corrections; exception for private enterprises.

75-5280.
Same; prices determined by secretary of corrections; exception for private enterprises.
The secretary shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished and at which all services shall be provided. All such prices shall be uniform and nondiscriminating to all, and shall not exceed the usual market price for similar articles, products and services. This section shall not apply to articles or products produced or services provided by business enterprises operating under K.S.A. 75-5288.
History:
L. 1973, ch. 339, § 83; L. 1978, ch. 366, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5281 Prison-made goods; self-liquidating contracts.

75-5281.
Prison-made goods; self-liquidating contracts.
(a) The secretary is empowered to enter into contracts and agreements with any person, firm or corporation upon a self-liquidating basis for the acquisition, purchase or lease of equipment, tools, supplies, materials and buildings for manufacturing or for providing services, to the end that the same may be paid for over a period of not exceeding 20 years, and the aggregate amount of such purchases or acquisitions shall not exceed $500,000 unless specifically approved by the governor. All such amounts shall be payable solely from the correctional industries fund.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5282 Correctional industries fund.

75-5282. Correctional industries fund.
(a) There is hereby created in the state treasury the correctional industries fund.
(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.
(e) Moneys in the correctional industries fund may be used for purchase of workers compensation insurance for inmates assigned to a duly certified prison industry enhancement certification program (PIECP) customer model industry owned and operated by Kansas correctional industries pursuant to 18 U.S.C. § 1761 and K.S.A. 75-5275, and amendments thereto. Subject to PIECP wage-level requirements, such inmates shall otherwise be considered to be in the same status as inmates assigned to a traditional industries program operated by Kansas correctional industries. Such inmates shall not be regarded as state employees for any purpose under state law.
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; L. 2014, ch. 85, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5284 Goods, wares and merchandise divested of interstate character on arrival in state.

75-5284.
Goods, wares and merchandise divested of interstate character on arrival in state.
All goods, wares and merchandise manufactured, produced or mined, wholly or in part, by inmates, convicts or prisoners, except inmates, convicts or prisoners on parole or probation or assigned to a community correctional services program, or in any correctional, penal or reformatory institutions transported into the state of Kansas, and remaining therein for use, consumption, sale or storage, shall upon arrival and delivery in the state of Kansas be subject to the operation and effect of the laws of the state of Kansas to the same extent and in the same manner as though such goods, wares and merchandise had been manufactured, produced or mined in the correctional institutions of the state of Kansas and shall not be exempt therefrom by reasons of being introduced in the original package or otherwise.
History:
L. 1973, ch. 339, § 87; L. 1986, ch. 123, § 28; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5285 Transfer of existing designations to parole authority or officers.

75-5285.
Transfer of existing designations to parole authority or officers.
(a) Whenever the board of probation and parole or the Kansas adult authority, or words of like effect, is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas parole board.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5286 Severability.

75-5286.
Severability.
If any word, phrase, sentence or provision of this act is determined to be invalid such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision and to this end the provisions of this act are declared to be severable.
History:
L. 1973, ch. 339, § 92; July 1, 1974.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5289 Same; disposition of lease proceeds.

75-5289.
Same; disposition of lease proceeds.
The secretary of corrections shall remit all moneys received from leases authorized under K.S.A. 75-5288, and amendments thereto, 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.
History:
L. 1978, ch. 366, § 3; L. 2001, ch. 5, § 399; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5292 Same; qualifications; powers of county commissioners preserved; cooperative agreements.

75-5292.
Same; qualifications; powers of county commissioners preserved; cooperative agreements.
(a) Subject to the other provisions of the community corrections act, each county may qualify to receive grants under such act by complying with the provisions of K.S.A. 75-52,110, and amendments thereto.
(b) Subject to the requirements of centralized administration and control of correctional services under K.S.A. 75-52,110, and amendments thereto, and the provisions of agreements between cooperating counties under subsection (c), the respective boards of county commissioners shall retain all authority for the expenditure of moneys, including grants received under such act, and for the implementation and oversight of the operations under the comprehensive plan approved by the secretary of corrections. The comprehensive plan shall be reviewed and approved by the board of county commissioners of each county to which the plan pertains prior to submission to the secretary of corrections for approval.
(c) The boards of county commissioners of all counties cooperating together to establish a corrections advisory board and to adopt a comprehensive plan pursuant to such act may enter into cooperative agreements to qualify their respective counties for grants under such act. Such counties shall cooperate and enter into such agreements for all purposes of such act in the manner prescribed by K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of such act.
History:
L. 1978, ch. 364, § 3; L. 1989, ch. 92, § 6; L. 2004, ch. 160, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5293 Payment for expenses of corrections advisory board of county or group of cooperating counties without an approved plan.

75-5293.
Payment for expenses of corrections advisory board of county or group of cooperating counties without an approved plan.
In order to assist a county or group of cooperating counties which has established a corrections advisory board but which does not have a comprehensive plan which has been approved by the secretary of corrections and which requires financial aid to defray all or part of the expenses incurred by corrections advisory board members in discharging their official duties pursuant to K.S.A. 75-5299, and amendments thereto, the secretary of corrections, upon receipt of resolutions by the board or boards of county commissioners, or the administrative authority established by cooperating counties, certifying the need for and inability to pay such expenses, may pay quarterly to the county or counties an amount determined by the secretary.
History:
L. 1978, ch. 364, § 4; L. 1989, ch. 92, § 7; L. 1993, ch. 197, § 1; L. 2007, ch. 197, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5294 Assistance to counties and advisory boards by secretary of corrections; administration of act; rules and regulations.

75-5294.
Assistance to counties and advisory boards by secretary of corrections; administration of act; rules and regulations.
(a) In accordance with K.S.A. 77-415 et seq., and amendments thereto, the secretary of corrections shall adopt rules and regulations necessary for the implementation and administration of this act and as prescribed by this act. The secretary of corrections shall provide consultation and technical assistance to counties and corrections advisory boards to aid them in the development of comprehensive plans under this act.
(b) This act shall be administered by the secretary of corrections or by officers and employees of the department of corrections designated by the secretary to the extent that authority to do so is delegated by the secretary, except that the authority to adopt rules and regulations under this act shall not be delegated.
History:
L. 1978, ch. 364, § 5; April 20.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5295 Powers of counties or groups of counties under act.

75-5295.
Powers of counties or groups of counties under act.
For the purposes of this act and to provide for the correctional services described in K.S.A. 75-5291 and amendments thereto, a county or group of cooperating counties, through their boards of county commissioners, or administrative bodies established by cooperating counties, may:
(a) Acquire by any lawful means, including purchase, lease or transfer of custodial control, the lands, buildings and equipment necessary and incidental to such purposes;
(b) enter into contracts, which are necessary and incidental to such purposes;
(c) determine and establish the administrative structure best suited to the efficient administration and delivery of such correctional services;
(d) employ a director and such other officers, employees, and agents as deemed necessary to carry out the provisions of this act;
(e) make grants in accordance with the comprehensive plan of funds provided by grant payments under K.S.A. 75-52,105 and amendments thereto to corporations organized not for profit, for development, operation and improvement of such correctional services; and
(f) use unexpended funds, accept gifts, grants and subsidies from any lawful source, and apply for, accept and expend federal funds.
History:
L. 1978, ch. 364, § 6; L. 1989, ch. 92, § 8; January 1, 1990.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5296 Comprehensive plans for correctional services, approval prerequisite for grants; additional requirements; operating standards; annual review; suspension of grants, procedure.

75-5296.
Comprehensive plans for correctional services, approval prerequisite for grants; additional requirements; operating standards; annual review; suspension of grants, procedure.
(a) Except as provided in K.S.A. 75-5293 and amendments thereto, no county shall be qualified to receive grants under this act unless and until the comprehensive plan for such county, or the group of counties with which such county is cooperating, is approved by the secretary of corrections.
(b) The secretary of corrections shall adopt rules and regulations establishing additional requirements for receipt of grants under this act, standards for the operation of the correctional services described in K.S.A. 75-5291 and amendments thereto and standards for performance evaluation of the correctional services described in K.S.A. 75-5291 and amendments thereto. In order to remain eligible for grants the county or group of cooperating counties shall substantially comply with the operating standards established by the secretary of corrections.
(c) The secretary of corrections shall review annually the comprehensive plans submitted by a county or group of cooperating counties and the facilities and programs operated under such plans. The secretary of corrections is authorized to examine books, records, facilities and programs for purposes of recommending needed changes or improvements.
(d) In reviewing the comprehensive plan or any annual recommendations or revisions thereto, the secretary of corrections shall limit the scope of the review of the corrections advisory board's statement of priorities, needs, budget, policies and procedures, to the determination that such statement does not directly conflict with rules and regulations and operating standards adopted pursuant to subsection (b) and the community corrections act under K.S.A. 75-5290 et seq., and amendments thereto.
(e) When the secretary of corrections determines that there are reasonable grounds to believe that a county or group of cooperating counties is not in substantial compliance with the minimum operating standards adopted pursuant to this section, at least 30 days' notice shall be given the county or to each county in the group of cooperating counties and a hearing shall be held in accordance with the provisions of the Kansas administrative procedure act to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. If the secretary of corrections determines at such hearing that there is not substantial compliance or satisfactory progress being made toward compliance, the secretary of corrections may suspend all or a portion of any grant under this act until the required standards of operation have been met.
History:
L. 1978, ch. 364, § 7; L. 1988, ch. 356, § 306; L. 1989, ch. 92, § 9; L. 1993, ch. 197, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5298 Corrections advisory boards; terms; vacancies; officers; open proceedings, rules.

75-5298.
Corrections advisory boards; terms; vacancies; officers; open proceedings, rules.
(a) Members of a corrections advisory board appointed in accordance with K.S.A. 75-5297 and amendments thereto shall serve for terms of two years from and after the date of their appointment and shall remain in office until their successors are duly appointed. All vacancies in a corrections advisory board shall be filled for the unexpired term in the manner that the position was originally filled. Each corrections advisory board shall elect its own officers.
(b) All proceedings of the corrections advisory board and any committee or subcommittee of the board shall be open to the public in accordance with and subject to the provisions of K.S.A. 75-4317 to 75-4320, inclusive, and acts amendatory thereto. All votes of members of the corrections advisory board shall be recorded and shall become matters of public record.
(c) The corrections advisory board shall promulgate and implement rules concerning the conduct of proceedings and attendance of members at board meetings.
History:
L. 1978, ch. 364, § 9; L. 1990, ch. 323, § 1; April 19.