reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5172 Same; purpose.

75-5172. Same; purpose.
(a) The legislature hereby declares that charitable gaming conducted by charitable organizations is an important method of raising funds for legitimate charitable purposes and is in the public interest. The purpose of this act is to establish an effective and efficient mechanism for regulating charitable gaming which includes:
(1) Defining the scope of charitable gaming activities;
(2) setting standards for the conduct of charitable gaming which insure honesty and integrity;
(3) providing for means of accounting for all moneys generated through the conduct of charitable gaming; and
(4) providing suitable penalties for violations of applicable laws and administrative rules and regulations.
(b) The intent of this act is to:
(1) Prevent the commercialization of charitable gaming;
(2) prevent participation in charitable gaming by criminal and other undesirable elements; and
(3) prevent the diversion of funds from legitimate charitable purposes.
(c) In order to carry out the purpose and intent, the provisions of this act and any administrative rules and regulations promulgated in accordance with this act shall be construed in the public interest and strictly enforced.
History:
L. 2015, ch. 62, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5174 Same; power to regulate, license and tax charitable games.

75-5174. Same; power to regulate, license and tax charitable games.
(a) The power to regulate, license and tax the management, operation and conduct of and participation in games of bingo and raffles is hereby vested exclusively in the state.
(b) The raffle of a motor vehicle shall be deemed an isolated or occasional sale of such motor vehicle to the raffle winner and subject to retailer's sales tax pursuant to K.S.A. 79-3603(o), and amendments thereto.
History:
L. 2015, ch. 62, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5176 Same; taxation.

75-5176. Same; taxation.
For the purpose of providing revenue which may be used by the state and for the privilege of operating or conducting games of bingo under the authority of this act:
(a) There is hereby levied and there shall be collected and paid by each licensee a tax at the rate of 3% upon the gross receipts received by the licensee from charges for participation in call bingo games using reusable bingo cards and any admission fees or charges. The tax imposed by this section shall be in addition to the license fee imposed under K.S.A. 75-5175, and amendments thereto.
(b) There is hereby levied and there shall be collected and paid by each distributor a tax at a rate of $0.002 upon each bingo face sold or distributed by the distributor to each licensee conducting call bingo games within the state of Kansas. The distributor shall include the tax due under this subsection in the sales price of each bingo face paid by the licensee and such tax shall be itemized separately on the invoice provided to the licensee.
(c) There is hereby levied and there shall be collected and paid by each distributor a tax at a rate of 1% upon the total of the printed retail sales price of all tickets in each box of instant bingo tickets sold or distributed by the distributor to each licensee conducting instant bingo games within the state of Kansas. The distributor shall include the tax due under this subsection in the sales price of each box paid by the licensee and such tax shall be itemized separately on the invoice provided to the licensee.
(d) If a distributor does not receive payment in full from a licensed organization within 60 days of the delivery of call bingo and instant bingo supplies, the supplier shall notify the department of charitable gaming in writing of the delinquency. Upon receipt of the notice of delinquency, the department of charitable gaming may revoke or suspend the license.
(e) Whenever, in the judgment of the administrator, it is necessary, in order to secure the collection of the tax due under subsection (b), the administrator shall require any distributor subject to such tax to file a bond with the director under conditions established by and in such form and amount as prescribed by rules and regulations adopted by the secretary.
History:
L. 2015, ch. 62, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5178 Same; determining correctness of returns; subpoenas and interrogatories.

75-5178. Same; determining correctness of returns; subpoenas and interrogatories.
(a) For the purpose of ascertaining the correctness of any return or for the purpose of determining the receipts and remittances of any licensee or distributor, the administrator may examine any books, papers, records or memoranda, bearing upon the matters required to be included in the records of the licensee or distributor. The administrator may require the attendance of the licensee or distributor in the county where the licensee or distributor resides, or where the location of the registered premises for bingo games or raffles are located, or of any person having knowledge relating to such records, and may take testimony and require proof of such person or persons.
(b) The administrator may issue subpoenas to compel access to or for the production of such books, papers, records or memoranda in the custody of or to which the licensee or distributor has access, or to compel the appearance of such persons. The administrator may issue interrogatories to any such person to the same extent and subject to the same limitations as would apply if the subpoena or interrogatories were issued or served in aid of a civil action in the district court. The administrator may administer oaths and take depositions to the same extent and subject to the same limitations as would apply if the deposition was in aid of a civil action in the district court. In case of the refusal of any person to comply with any subpoena or interrogatory or to testify to any matter regarding which such person lawfully may be questioned, the district court of any county, upon application of the administrator, may order such person to comply with such subpoena or interrogatory or to testify. Failure to obey the court's order may be punished by the court as contempt. Subpoenas or interrogatories issued under the provisions of this section may be served upon individuals and corporations in the manner provided in K.S.A. 60-304, and amendments thereto, for the service of process by any officer authorized to serve subpoenas in civil actions or by the administrator.
History:
L. 2015, ch. 62, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5180 Same; revocation or suspension of license; hearings; procedure; injunctions.

75-5180. Same; revocation or suspension of license; hearings; procedure; injunctions.
(a) The administrator, after a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke or suspend any license or registration certificate issued under the provisions of this act for any of the following reasons:
(1) The licensee or registrant has obtained the license or registration certificate by giving false information in the application therefor;
(2) the licensee or registrant has violated any of the laws of the state of Kansas or provisions of this act or any rules and regulations adopted pursuant thereto for the registration, licensing, taxing, management, conduct or operation of games of bingo or raffles; or
(3) the licensee or registrant has become ineligible to obtain a license under this act.
(b) Any action of the administrator pursuant to subsection (a) is subject to review in accordance with the Kansas judicial review act. In case of the revocation of the license of any licensee or the registration of any registrant, no new license or registration shall be issued to such lessor, sublessor or organization, or any person acting for or on its behalf, for a period of six months thereafter. No revocation or suspension of a license or registration certificate shall be for a period in excess of one year if the applicant otherwise is qualified on the date the applicant makes a new application therefor.
(c) The administrator is hereby authorized to enjoin any person from managing, operating or conducting any raffle or any games of bingo, or from leasing any premises for such purposes, if such person does not possess a valid license or registration certificate issued pursuant to the provisions of the Kansas charitable gaming act. The administrator shall be entitled to have an order restraining such person from managing, operating or conducting any raffle or any games of bingo or for any other purpose contrary to the provisions of the Kansas charitable gaming act or from leasing premises for any of such purposes. No bond shall be required for any such restraining order, nor for any temporary or permanent injunction issued in such proceedings.
History:
L. 2015, ch. 62, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5181 Same; administration and enforcement of act.

75-5181. Same; administration and enforcement of act.
(a) The administration and enforcement of the Kansas charitable gaming act and any rules and regulations adopted pursuant thereto shall be vested in the administrator.
(b) Upon recommendation of the administrator, the secretary shall adopt all rules and regulations necessary for the administration and enforcement of the Kansas charitable gaming act by the administrator.
History:
L. 2015, ch. 62, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5182 Same; disposition of fees and tax proceeds; state charitable gaming regulation fund.

75-5182. Same; disposition of fees and tax proceeds; state charitable gaming regulation fund.
(a) All amounts received by or for the administrator from license and registration fees pursuant to this 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 state charitable gaming regulation fund, except as provided by K.S.A. 75-5183, and amendments thereto.
(b) All amounts received by or for the administrator from the tax levied pursuant to K.S.A. 75-5176, and amendments thereto, 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.
(c) There is hereby created, in the state treasury, the state charitable gaming regulation fund. Except as provided by K.S.A. 75-5183, and amendments thereto, each deposit remitted to the state treasurer pursuant to subsection (b) shall be credited to the state charitable gaming regulation fund. Except as provided by subsections (d) and (e), all moneys in the state charitable gaming regulation fund shall be expended for the administration and enforcement of the Kansas charitable gaming act, and rules and regulations adopted pursuant thereto. Such expenditures shall be made upon vouchers approved by the administrator.
(d) Except as otherwise provided by this act, all operating expenses of the administrator related to the administration and enforcement of the Kansas charitable gaming act appropriated by the legislature shall be paid from the state charitable gaming regulation fund. At the end of each fiscal year, the director of accounts and reports shall transfer to the state general fund any moneys in the state charitable gaming regulation fund on each such date in excess of the amount required to pay all operating expenses of the administrator related to the administration and enforcement of the Kansas charitable gaming act.
History:
L. 2015, ch. 62, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5183 Same; charitable gaming refund fund.

75-5183. Same; charitable gaming refund fund.
There is hereby created the charitable gaming refund fund in the state treasury. The Kansas charitable gaming refund fund shall be a refund clearing fund and refunds of the fees imposed under K.S.A. 75-5175, and amendments thereto, and of the tax levied under K.S.A. 75-5176, and amendments thereto, shall be made from such fund. The charitable gaming refund fund shall be maintained by the administrator from the license and registration fees received and taxes collected under the Kansas charitable gaming act in an amount sufficient for such refunds not to exceed $10,000.
History:
L. 2015, ch. 62, § 13; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5184 Same; distribution of disposable bingo cards and instant bingo tickets; registration.

75-5184. Same; distribution of disposable bingo cards and instant bingo tickets; registration.
(a) No person or entity shall sell or distribute any bingo faces, bingo cards or instant bingo tickets to any licensee unless such person or entity has been issued a distributor registration certificate by the administrator. Application for registration shall be submitted to the administrator and shall be accompanied by a fee of $500 and shall be made upon forms prescribed by the administrator.
(b) Each distributor registration certificate shall expire at midnight on June 30 following its date of issuance. Application for renewal of a registration certificate shall be submitted to the administrator and shall be accompanied by a fee of $500 and shall be made upon forms prescribed by the administrator.
(c) The administrator shall establish, by rules and regulations adopted under the Kansas charitable gaming act, reasonable criteria for approval of applications for registration. The administrator shall refuse to register a distributor if any owner, manager or employee thereof, within five years prior to registration, has been convicted of or pleaded guilty or nolo contendere to any felony or illegal gambling violation in this or any other jurisdiction.
(d) All distributors shall maintain for a period of not less than three years full and complete records of all bingo cards, bingo faces and instant bingo tickets sold or distributed to licensees. Such records shall be made available for inspection by any authorized representative of the administrator.
History:
L. 2015, ch. 62, § 14; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5185 Same; penalties and fines for violation of act.

75-5185. Same; penalties and fines for violation of act.
(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the administrator, upon a finding that a licensee, lessor or distributor has violated any provision of the Kansas charitable gaming act or any rule and regulation adopted pursuant thereto, shall impose on such licensee, lessor or distributor a civil fine not exceeding $500 for each violation.
(b) No fine shall be imposed pursuant to this section except upon the written order of the administrator to the licensee, lessor or distributor who committed the violation. Such order shall state the violation, the fine to be imposed and the right of the licensee, lessor or distributor to appeal the order. Such order shall be subject to appeal and review in the manner provided by the Kansas administrative procedure act.
(c) Any fine collected 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 charitable gaming regulation fund.
History:
L. 2015, ch. 62, § 15; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5186 Same; administrator of charitable gaming; powers and duties.

75-5186. Same; administrator of charitable gaming; powers and duties.
(a) The secretary of revenue shall designate an administrator of charitable gaming. The administrator of charitable gaming shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
(b) Under the supervision of the secretary, the administrator of charitable gaming shall administer and enforce the provisions of the Kansas charitable gaming act and any rules and regulations adopted pursuant thereto. The administrator's exclusive duties shall be the administration and enforcement of the Kansas charitable gaming act and any rules and regulations adopted pursuant thereto. The administrator shall be solely accountable to and report to the secretary of revenue.
History:
L. 2015, ch. 62, § 16; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5187 Same; severability.

75-5187. Same; severability.
If any provision of the Kansas charitable gaming act or the application thereof to any person or circumstances is held unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the act which can be given effect without the unconstitutional or invalid provision or application, and, to this end, the provisions of this act are severable.
History:
L. 2015, ch. 62, § 17; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5188 Same; rules and regulations; annual report.

75-5188. Same; rules and regulations; annual report.
(a) The department of revenue shall adopt rules and regulations governing the conduct of raffles by nonprofit religious, charitable, fraternal, educational and veterans' organizations. The rules and regulations may include, but not be limited to, standards for the preparation, sale and accountability of tickets, the conduct of drawings and the awarding of prizes.
(b) The administrator shall prepare an annual report on the operation of charitable raffles in this state. The report shall contain any recommended changes to the law to enhance the enforcement of the act. The annual report shall be submitted to the house and senate committees on federal and state affairs. The report shall be submitted on or before January 15 of each year beginning in 2016 and ending with the report due on or before January 15, 2018.
History:
L. 2015, ch. 62, § 18; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5189 Instant bingo vending machine agreements; disposition of proceeds from sales.

75-5189. Instant bingo vending machine agreements; disposition of proceeds from sales.
(a) The executive director of the Kansas lottery is authorized to enter into agreements with any nonprofit organization licensed under K.S.A. 75-5171 et seq., and amendments thereto, for the operation of instant bingo vending machines, as defined in K.S.A. 74-8702, and amendments thereto, to be located on the premises of such nonprofit organization, provided, that not more than two instant bingo vending machines may be located on the premises of such nonprofit organization. Such agreements shall provide for the remittance of the gross receipts from the sale of instant bingo tickets via any instant bingo vending machine to the nonprofit organization.
(b) All sales of instant bingo tickets via an instant bingo vending machine operated pursuant to an agreement shall be considered sales by the nonprofit organization, and all proceeds from such sales shall be remitted to the nonprofit organization.
History:
L. 2018, ch. 96, § 8; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5201 Purpose and construction.

75-5201.
Purpose and construction.
The legislative purpose in enacting this act shall be deemed to be establishment of a policy of treatment of persons convicted of felonies in this state by placing maximum emphasis on rehabilitation of each such person while in the custody of the state or under the jurisdiction of the courts of the state, consistent with the interests and safety of the public, so that a maximum of persons so convicted may be returned to private life in the communities of the state with improved work habits, education, mental and physical health and attitudes necessary to become and remain useful and self-reliant citizens. It is the intent of the legislature that judges, the secretary of corrections, his or her agents, subordinates and employees and the Kansas adult authority, its agents, subordinates and employees will construe and apply this act and acts of which it is amendatory or supplemental liberally to rehabilitate, train, treat, educate and prepare persons convicted of felony in this state for entry or reentry into the social and economic system of the community upon leaving the custody of these state agencies and officers.
History:
L. 1973, ch. 339, § 1; July 1, 1974.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5202 Definitions.

75-5202. Definitions.
As used in K.S.A. 75-5201 et seq., and amendments thereto, unless the context clearly requires otherwise:
(a) "Secretary" means the secretary of corrections.
(b) "Prisoner review board" means the prisoner review board established by K.S.A. 75-52,152, and amendments thereto.
(c) "Inmate" means any person incarcerated in any correctional institution of the state of Kansas.
(d) "Correctional institution" means the Lansing correctional facility, Hutchinson correctional facility, Topeka correctional facility, Norton correctional facility, Ellsworth correctional facility, Winfield correctional facility, Larned state correctional facility, Stockton correctional facility, Wichita work release facility, El Dorado correctional facility, any juvenile correctional facility or institution as defined in K.S.A. 38-2302, and amendments thereto, and any other correctional institution established by the state for the confinement of adult or juvenile offenders under the control of the secretary of corrections.
(e) "Warden" means the person in charge of the operation and supervision of a correctional institution.
(f) "Corrections officer" means a full-time, salaried officer or employee under the jurisdiction of the secretary, whose duties include the receipt, custody, control, maintenance, discipline, security and apprehension of persons convicted of criminal offense in this state and sentenced to a term of imprisonment under the custody of the secretary.
(g) "Parole officer" means a full-time salaried officer or employee under the jurisdiction of the secretary whose duties include:
(1) Investigation, supervision, arrest and control of persons on parole or postrelease supervision and the enforcement of the conditions of parole or postrelease supervision; and
(2) services that relate to probationers, parolees or persons on postrelease supervision and are required by the uniform act for out-of-state parolee supervision.
History:
L. 1973, ch. 339, § 2; L. 1978, ch. 365, § 4; L. 1983, ch. 284, § 6; L. 1984, ch. 112, § 14; L. 1987, ch. 335, § 7; L. 1990, ch. 309, § 46; L. 1991, ch. 260, § 8; L. 1992, ch. 245, § 3; L. 1993, ch. 291, § 247; L. 2012, ch. 16, § 34; L. 2023, ch. 32, § 1; April 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5204 Division within department; deputy secretaries; qualifications and salary.

75-5204.
Division within department; deputy secretaries; qualifications and salary.
The secretary shall establish three (3) divisions within the department of corrections. Each division head shall be designated as a deputy secretary of corrections and shall be within the unclassified service under the Kansas civil service act. The secretary shall appoint each division head and such person shall serve at the pleasure of the secretary. No person shall be eligible for appointment to, or hold the position of, deputy secretary of corrections unless such person shall have had at least five (5) years' experience as an executive officer in the administration of federal or state penal or correctional institutions or five (5) years' experience in the field of corrections, but three (3) years of such experience may be waived for an appointee having a degree from an accredited college or university, which degree is based on penology or a related field as a major field of study. Such person shall receive an annual salary to be fixed by the secretary with the approval of the state finance council.
History:
L. 1973, ch. 339, § 4; L. 1976, ch. 397, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5206 Placement and transfer of inmates; interagency agreements to temporarily house local offenders.

75-5206.
Placement and transfer of inmates; interagency agreements to temporarily house local offenders.
(a) Except as provided in subsection (c) or (d), to carry out the purposes of this act, the secretary shall have authority to order the housing and confinement of any person sentenced to the secretary's custody to any institution or facility herein placed under the secretary's supervision and management or to any contract facility, including a conservation camp.
(b) All institutions of the department of corrections shall be institutions for the incarceration of felons sentenced to the custody of the secretary of corrections. The secretary may enter into interagency agreements authorizing the use of department of corrections' institutions for the temporary housing of pretrial detainees, misdemeanor offenders and other persons confined in local detention facilities or jails when the local facility cannot be used to house those persons due to a natural disaster or other emergency. Authorization shall not be given for the temporary housing of juveniles under 16 years of age.
(c) No person under 16 years of age sentenced to the secretary's custody shall be placed in the Lansing correctional facility or the Hutchinson correctional facility.
(d) The secretary shall have the authority to order the placement of a juvenile, as described in K.S.A. 38-2366, and amendments thereto, in a juvenile correctional facility. Such juvenile shall be allowed to be in a juvenile correctional facility only until such juvenile reaches the age of 23 years.
History:
L. 1973, ch. 339, § 6; L. 1977, ch. 118, § 3; L. 1978, ch. 367, § 1; L. 1989, ch. 92, § 4; L. 1990, ch. 149, § 6; L. 1996, ch. 229, § 129; L. 1998, ch. 54, § 1; L. 2006, ch. 169, § 125; January 1, 2007.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5209 Transfer of inmates for observation and diagnosis or treatment; costs; correspondence by inmates.

75-5209.
Transfer of inmates for observation and diagnosis or treatment; costs; correspondence by inmates.
The secretary of corrections may arrange for the transfer of an inmate for observation and diagnosis or treatment to other appropriate state institutions with the prior consent of the administrators of the agencies. The administrator of such institution shall accept the transfer of such inmate unless such administrator shows that no facilities are available for the accommodation of such inmate and shall have access to any case study, diagnosis or report of the Topeka correctional facility which relates to an inmate transferred to such institution. While the inmate is in another institution the inmate's sentence shall continue to run. When, in the judgment of the administrator of the institution to which an inmate has been transferred, the inmate has recovered from the condition which occasioned the transfer, the administrator shall provide for the inmate's return to the secretary, unless the inmate's sentence has expired.
The costs of transfer as well as the transportation of the inmate to the appropriate state institution shall be borne by the correctional institution from which such inmate is transferred. No inmate shall receive treatment at the state security hospital after expiration of the inmate's sentence. If the inmate shall be in need of continued treatment for mental illness at the expiration of the inmate's term of confinement, petition to obtain such treatment for the inmate shall be filed pursuant to the care and treatment act for mentally ill persons.
Any inmate transferred to the state security hospital pursuant to this section may correspond freely, without censorship, with any person, except that any such incoming correspondence or parcels may be opened and examined for the purpose of intercepting any items which the superintendent of such institution has declared to be contraband.
History:
L. 1973, ch. 339, § 9; L. 1975, ch. 474, § 1; L. 1986, ch. 211, § 38; L. 1990, ch. 309, § 47; L. 1991, ch. 260, § 9; L. 1996, ch. 167, § 62; April 18.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5210a Programs designed to prepare inmate for release on parole supervision; agreements between secretary and inmate; completion of program reported to prisoner review board; inmate eligible for parole prior to completion of program; agreement entered into inmate's record.

75-5210a. Programs designed to prepare inmate for release on parole supervision; agreements between secretary and inmate; completion of program reported to prisoner review board; inmate eligible for parole prior to completion of program; agreement entered into inmate's record.
(a) Within a reasonable time after a defendant is committed to the custody of the secretary of corrections, for service of a sentence for an indeterminate or off grid crime, the secretary shall enter into a written agreement with the inmate specifying those educational, vocational, mental health or other programs which the secretary determines the inmate must satisfactorily complete in order to be prepared for release on parole supervision. To the extent practicable, the agreement shall require the inmate to have made progress towards or to have successfully completed the equivalent of a secondary education before release on parole if the inmate has not previously completed such educational equivalent and is capable of doing so. The agreement shall be conditioned on the inmate's satisfactory conduct, employment and attitude while incarcerated. If the secretary determines that the inmate's conduct, employment, attitude or needs require modifications or additions to those programs which are set forth in the agreement, the secretary shall revise the requirements. The secretary shall agree that, when the inmate satisfactorily completes the programs required by the agreement, or any revision thereof, the secretary shall report that fact in writing to the prisoner review board. If the inmate becomes eligible for parole before satisfactorily completing such programs, the secretary shall report in writing to the board the programs which are not completed.
(b) A copy of any agreement and any revisions thereof shall be entered into the inmate's record.
History:
L. 1988, ch. 115, § 6; L. 1990, ch. 113, § 1; L. 1992, ch. 239, § 287; L. 2007, ch. 50, § 1; L. 2012, ch. 16, § 35; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5212 Training for corrections and parole officers.

75-5212.
Training for corrections and parole officers.
(a) The secretary shall adopt rules and regulations establishing standards of training and provisions for certifying corrections officers and parole officers.
(b) Except as provided in subsection (c), no person shall receive a permanent appointment as a corrections officer or a parole officer unless awarded a certificate by the secretary, attesting to satisfactory completion of a basic course of instruction approved by the secretary and consisting of not less than 200 hours of instruction. The certificate shall be effective during the term of a person's employment, except that any person who has terminated employment with the secretary for a period exceeding one year shall be required to be certified again.
(c) The secretary may award a certificate attesting to the satisfactory completion of a basic course of instruction to any person who has been duly certified under the laws of another state or territory if, in the opinion of the secretary, the requirements for certification in the other jurisdiction are equal to or exceed the requirements for certification in this state. The secretary may waive any number of hours or courses required to complete the basic course of instruction for any person who, in the opinion of the secretary, has received sufficient training or experience that such hours of instruction would be unduly burdensome or duplicitous.
(d) Every corrections officer shall receive not less than 40 hours of in-service training annually.
History:
L. 1973, ch. 339, § 19; L. 1974, ch. 403, § 7; L. 1978, ch. 365, § 5; L. 1980, ch. 287, § 1; L. 1984, ch. 112, § 15; L. 1990, ch. 309, § 50; L. 2008, ch. 70, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5214 Parole officers; appointment; powers; expenses; volunteer or contract services.

75-5214.
Parole officers; appointment; powers; expenses; volunteer or contract services.
(a) The secretary of corrections shall appoint parole officers in a number sufficient to administer the provisions of this act. Parole officers appointed by the secretary of corrections shall have and exercise police powers to the same extent as other law enforcement officers and such powers may be exercised by them anywhere within the state. Such parole officers shall, in addition to their regular compensation, receive their actual and necessary traveling and other expenses incurred in the performance of their official duties.
(b) The secretary may utilize the volunteer services of, or contract with, any of the following to obtain parole services if necessary and if an economic benefit to the state or an improvement in parole and correctional objectives can be shown:
(1) Any qualified individual, partnership, corporation or organization;
(2) any agency of the state;
(3) the United States; or
(4) any political subdivision of the state, or any agency thereof.
Volunteer or contract parole officers shall have the same powers and duties as parole officers employed by the secretary, except that they shall not be deemed to be law enforcement officers or have law enforcement powers.
History:
L. 1973, ch. 339, § 20; L. 1978, ch. 120, § 16; L. 1981, ch. 349, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5216 Parole officers; duties; guidance developed by secretary of corrections.

75-5216. Parole officers; duties; guidance developed by secretary of corrections.
(a) Parole officers shall investigate all persons referred to them for investigation by the secretary of corrections. Parole officers shall furnish to each person released under their supervision a written statement of the conditions of parole or postrelease supervision and shall give instructions regarding these conditions. Parole officers shall keep informed of the conduct and condition of a parolee or inmate on postrelease supervision and use all suitable methods to aid, encourage and bring about improvement in the conduct and condition of such parolee or inmate on postrelease supervision. Parole officers shall keep detailed records of their work and shall make such reports in writing and perform such other duties as may be incidental to those above enumerated or as the secretary may require. Parole officers shall coordinate their work with that of social welfare agencies.
(b) The secretary of corrections shall develop guidance for use by parole officers that includes intervention responses to behavior that would constitute a violation of parole or postrelease supervision and incentive responses to compliant behavior and pro-social achievements. Parole officers shall use such guidance developed by the secretary while supervising offenders on parole or postrelease supervision.
History:
L. 1973, ch. 339, § 22; L. 1978, ch. 120, § 17; L. 1992, ch. 239, § 288; L. 2021, ch. 105, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5218 Offenders sentenced to custody of secretary of corrections; notice to secretary; judgment form or journal entry; transfer of certified copies to the secretary and others; notice of modified sentence sent to secretary.

75-5218. Offenders sentenced to custody of secretary of corrections; notice to secretary; judgment form or journal entry; transfer of certified copies to the secretary and others; notice of modified sentence sent to secretary.
(a) When any person is sentenced to the custody of the secretary of corrections, the clerk of the court which imposed such sentence shall deliver to the officer having the offender in charge the judgment form or journal entry as required by K.S.A. 21-6711, or K.S.A. 22-3426, and amendments thereto, together with the order of commitment to the custody of the secretary of corrections as required by K.S.A. 21-6712, and amendments thereto. Within three business days of receipt of the order of commitment and the judgment form or journal entry, the officer having the offender in charge shall forward certified copies to the secretary of corrections. Copies of these materials shall also be delivered to the officers conveying the offender to the Topeka correctional facility, department of corrections reception and diagnostic unit or such other correctional institution prescribed by K.S.A. 75-5220, and amendments thereto, or by the secretary of corrections in accordance with such statute.
(b) When an offender's sentence has been modified in accordance with the provisions of K.S.A. 21-6605, and amendments thereto, the clerk of the court which imposed such modified sentence shall within three business days notify the secretary of corrections by sending a certified copy of the court's order modifying the offender's sentence to the secretary or the secretary's designee.
History:
L. 1973, ch. 339, § 27; L. 1978, ch. 120, § 19; L. 1980, ch. 104, § 8; L. 1990, ch. 309, § 51; L. 1991, ch. 260, § 11; L. 2002, ch. 50, § 2; L. 2011, ch. 30, § 277; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5219 Copy of evidence transmitted to secretary; use of record.

75-5219.
Copy of evidence transmitted to secretary; use of record.
The judge presiding at such trial may direct the stenographer to make a copy of all the evidence given at such trial, or any part of it, which copy shall be approved by the judge and certified by the clerk and transmitted to the secretary of corrections. The evidence so certified and copy of the record may be used against such offender in any proceedings taken by him or her for release from imprisonment by habeas corpus or otherwise.
History:
L. 1973, ch. 339, § 28; July 1, 1974.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5221 Record of inmates.

75-5221.
Record of inmates.
The secretary shall keep a record of each inmate sentenced to the secretary's custody with the date of admission, place of residence, the county which the inmate is from; if transferred, the institution from which the inmate was transferred, crime for which convicted, age, education and such other facts pertaining to early social influences, habits and former life and character as will aid in determining the inmate's natural tendencies and the best plan of treatment. The secretary shall also keep records showing each inmate's progress and standing in the institutions, date of parole or postrelease supervision, final discharge and any facts of personal history obtainable subsequent to parole or postrelease supervision, all punishment inflicted and the purpose therefor, and such other records and information as the secretary may direct.
History:
L. 1973, ch. 339, § 30; L. 1992, ch. 239, § 290; July 1, 1993.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5222 Apprehension of escaped inmate; warrant for; reward for apprehension.

75-5222.
Apprehension of escaped inmate; warrant for; reward for apprehension.
When an inmate escapes from a correctional institution or the custody of the secretary, the secretary shall take all proper measures for the apprehension of the inmate, including the issuance of a warrant for the apprehension of the inmate. Law enforcement officers shall execute warrants for the apprehension of escaped inmates in the same manner as any arrest warrant and shall deliver the inmate named in the warrant to the jail used by the county where the inmate is apprehended unless some other place is designated by the secretary. The secretary may offer a reward, not to exceed $5,000, for the apprehension of such inmate.
History:
L. 1973, ch. 339, § 31; L. 1998, ch. 186, § 5; L. 1999, ch. 53, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5223 Religious materials, furnishing to inmates.

75-5223.
Religious materials, furnishing to inmates.
Upon the request of an inmate confined at a correctional institution under the supervision and control of the secretary of corrections for a Bible or other related religious text materials, the secretary shall furnish any such religious materials that have been donated to the secretary to the inmate, provided such religious materials are not determined by the secretary to be detrimental to the security and orderly operation of a correctional institution.
History:
L. 1973, ch. 339, § 32; L. 1996, ch. 155, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5224 Contagious disease or catastrophe; removal of inmates.

75-5224.
Contagious disease or catastrophe; removal of inmates.
In the case of any contagious disease, natural disaster or catastrophe occurring in any institution under the control of the secretary, the secretary may cause the removal of such inmates as may be necessary to a place of security consistent with their safekeeping until such time as said inmates may safely be returned to such institution.
History:
L. 1973, ch. 339, § 33; July 1, 1974.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5225 Defect in order of commitment, no ground for action against warden or secretary.

75-5225.
Defect in order of commitment, no ground for action against warden or secretary.
No defect in the order of commitment under which a person convicted of crime is held by the warden of any correctional institution or the secretary of corrections shall be held a ground of action against the warden or the secretary of corrections for false imprisonment, and no such action shall be maintained in the courts, provided it shall appear that the warden or the secretary of corrections attempted to faithfully carry out the judgment of the court making such order.
History:
L. 1973, ch. 339, § 34; L. 1990, ch. 309, § 53; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5226 Unlawful use of inmate labor.

75-5226.
Unlawful use of inmate labor.
(a) Unlawful use of inmate labor is the knowing use by any corrections officer or employee of any correctional institution of the labor of any inmate or inmates of a correctional institution for the personal benefit of such corrections officer or employee.
(b) Unlawful use of inmate labor shall constitute a class A misdemeanor.
History:
L. 1973, ch. 339, § 35; L. 1990, ch. 309, § 54; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5229 Women sentenced to secretary's custody; examination, study, program; juvenile inmate.

75-5229. Women sentenced to secretary's custody; examination, study, program; juvenile inmate.
(a) Every woman sentenced to imprisonment for a felony shall be sentenced to the custody of the secretary of corrections.
(b) Every woman sentenced to the custody of the secretary of corrections shall be given a scientific examination and study and shall have a program planned and recommended for her. The examination shall be given, the study shall be made and the program shall be prepared in accordance with procedures prescribed by the secretary of corrections, subject to the provisions of K.S.A. 75-52,134, and amendments thereto. If the woman in the custody of the secretary is a juvenile, as described in K.S.A. 38-2366, and amendments thereto, such juvenile shall not be given a scientific examination and study until such time as such juvenile is to be transferred from a juvenile correctional facility to a department of corrections institution or facility.
History:
L. 1973, ch. 339, § 75; L. 1977, ch. 307, § 1; L. 1978, ch. 369, § 1; L. 1978, ch. 369, § 2; L. 1983, ch. 284, § 8; L. 1984, ch. 331, § 1; L. 1990, ch. 322, § 2; L. 1990, ch. 149, § 8; L. 1996, ch. 229, § 131; L. 2006, ch. 169, § 127; L. 2012, ch. 148, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 52 - Department Of Corrections › 75-5233 Contracting for transportation of inmates.

75-5233. Contracting for transportation of inmates.
(a) Except when another cost effective method of transportation is available, the secretary of corrections may contract with qualified individuals, partnerships or corporations for the purpose of transporting individuals in the secretary's custody, including the exchange of inmates with other states and the return of individuals who have violated the conditions of their parole or conditional release.
(b) The secretary of corrections shall require that any party desiring to enter into such a contract have adequate levels of liability insurance.
(c) The secretary of corrections shall require the contracting party to present evidence of training for its employees prior to transporting any individual.
(d) An individual engaged in transportation pursuant to a contract with the secretary of corrections shall have the authority of a person assisting a law enforcement officer as provided in K.S.A. 21-5227, and amendments thereto.
(e) The secretary of corrections shall adopt such rules and regulations as necessary to implement the provisions of this section.
History:
L. 1986, ch. 309, § 1; L. 2011, ch. 30, § 278; July 1.