reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 15 - VARIABLE ANNUITIES OR SEPARATE ACCOUNTS › Section 40-15-5 - Same; variable benefits requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 commissioner shall disapprove or withdraw approval of any contract form or
			 certificate if:
(1) the contract or
			 certificate contains provisions which are unjust, unfair, inequitable,
			 ambiguous, misleading, likely to result in misrepresentation or contrary to
			 law; or
(2) sales of the contracts
			 are being solicited by any means of advertising, communication or dissemination
			 of information which involves misleading or inadequate description of the
			 provisions of the contract.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 15 - VARIABLE ANNUITIES OR SEPARATE ACCOUNTS › Section 40-15-6 - Same; required reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each company
			 issuing an individual variable contract providing benefits in variable amounts
			 shall mail to the contractholder at least once a year following the first
			 contract year, at the last address known to the company, a statement or
			 statements reporting the investments held in the separate account. In the case
			 of contracts under which payments have not begun, the statement shall report as
			 of a date not more than four months previous to the date of mailing.
(b) In both instances, the report shall
			 contain:
(1) The number of accumulation units
			 credited to the contracts and the dollar value of a unit; or
(2) the value of the contractholder's
			 account.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 15 - VARIABLE ANNUITIES OR SEPARATE ACCOUNTS › Section 40-15-7 - Same; agents; qualification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unless licensed
			 as a variable contract agent, an agent shall not be eligible to sell or offer
			 for sale a variable contract.
(b)
			 An agent who participates only in the sale or offering for sale of variable
			 contracts that are not registered under the federal securities act of 1933
			 shall not be required to be licensed as a variable contract agent.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 15 - VARIABLE ANNUITIES OR SEPARATE ACCOUNTS › Section 40-15-8 - Variable annuity or separate accounts; agents; procedure for obtaining licenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agent
			 desiring to sell, pursuant to
			 K.S.A.
			 40-436, individual or group contracts on
			 behalf of a life insurance company regularly admitted to do business in this
			 state, shall apply for a license to sell the contracts on a form designated by
			 the commissioner of insurance.
(b)
			 An application for a license shall be accepted only from an individual who:
(1) At the time of application, is licensed
			 to write life insurance on behalf of the company certifying the application;
(2) submits evidence of passing a
			 security examination defined in K.A.R. 40-15-1; or
(3) submits evidence of being currently
			 registered with the federal securities and exchange commission as a
			 broker-dealer, or of being currently associated with a broker-dealer and having
			 met qualification requirements with respect to the broker-dealer association.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 15a - VARIABLE LIFE INSURANCE › Section 40-15a-1 - Variable life insurance; definitions; qualifications; requirements; reports

Current through Register Vol. 43, No. 28, July 11, 2024
The national association of insurance commissioners' variable
				life insurance model regulation, December 1982 edition, is hereby adopted by
				reference, subject to the following exceptions and additions:
(a) Article I, Article IV Section 3a(5), and
			 Article XII are not adopted.
(b)
			 Section 2, Article II is hereby amended by adding the words "or broker"
			 immediately following the words "insurance agent."
(c) Section 8, Article II is hereby completed
			 by inserting "K.S.A. 40-436 " in the space
			 provided.
(d) Section 16, Article
			 II is hereby completed by inserting "K.S.A.
			 40-436 " in the space provided.
(e) Section 19, Article II is hereby
			 completed by inserting "K.S.A. 40-437 " in
			 the space provided.
(f) Section 4,
			 Article III is hereby completed by inserting "K.A.R. 1984 Supp. 40-9-118
et seq.
" in the space provided.
(g) Section 2(f), Article IV is hereby
			 completed by inserting "K.S.A. 40-428 " in
			 the space provided.
(h) Section
			 3c(1), Article IV is hereby amended to read as follows: "All overdue premiums,
			 with interest at a rate not exceeding 6% per annum compounded annually, and any
			 indebtedness in effect at the end of the grace period following the date of
			 default, with interest as provided in K.S.A. 1984 Supp.
			 40-420a through
			 40-420d, inclusive; or"
(i) Section 3c(2), Article IV is hereby
			 completed by inserting "6%" in the space provided.
(j) Section 4a, Article IV is hereby
			 completed by inserting "2" in the space immediately preceding the words "full
			 years."
(k) Section 5a, Article IV
			 is hereby completed by inserting "2" in the space provided.
(l) Section 1, Article VI is hereby completed
			 by inserting "K.S.A. 40-436 and
			 40-437 " in the space provided.
(m) Section 1c, Article VI is
			 hereby amended to read as follows: "Each person with access to the cash,
			 securities, or other assets of the separate account shall be under bond as
			 provided by
			 K.S.A.
			 40-207."
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 15b - UNIVERSAL LIFE INSURANCE › Section 40-15b-1 - Universal life insurance; definitions; qualifications; requirements; reports

Current through Register Vol. 43, No. 28, July 11, 2024
The national association of insurance commissioners' universal
				life insurance model regulation, 1996 edition, is hereby adopted by reference,
				subject to the following exceptions and additions:
(a) Section 1, Section 2, and Subsections (F)
			 and (I) of Section 3 are not adopted.
(b) Section 4 is hereby amended by striking
			 "Section 25 of the NAIC Model Variable Life Insurance Regulation" and
			 substituting "Kansas Administrative Regulation 40-15a-1."
(c) Section 4 is further amended by adding
			 the following paragraph: "Nothing in this regulation shall be construed as
			 superseding any statutory provision or any Kansas administrative regulation
			 except to the extent this regulation or a provision of it is inconsistent with
			 or contrary to another regulation."
(d) Section 7, Subsection F, second paragraph
			 is not adopted and shall be replaced with the following: "As required by
			 K.S.A.
			 40-420, a flexible premium policy shall
			 provide for a grace period of at least 30 days after it lapses. Unless
			 otherwise defined in the policy in a way that is more favorable to the insured,
			 lapse shall occur on the date the net cash surrender value first equals zero."
(e) Section 10, Subsection A is
			 hereby amended by deleting the last sentence of the first paragraph.
(f) Section 10, Subsection B, paragraph 3 is
			 hereby amended by the addition of the following paragraph: "Each foreign
			 insurer shall be subject to the same information requirements as domestic
			 insurers unless the required descriptions are filed on a timely basis with the
			 insurer's state of domicile."
(g)
			 Section 10, Subsection B, paragraph 1 is not adopted.
(h) Section 10, Subsection C is not adopted.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 16 - PROFESSIONAL EMPLOYER ORGANIZATIONS › Section 40-16-2 - Professional employer organizations; fees

Current through Register Vol. 43, No. 28, July 11, 2024
The following fees shall be paid to the department:
(a) For each professional employer
			 organization, the following fees:
(1) For an
			 initial application for registration, $1,000;
(2) for a renewal application for
			 registration, $500; and
(3) for an
			 initial or a renewal application for limited registration, $500; and
Kansas Administrative Regulations › Agency 41 - FOOD SERVICE AND LODGING BOARD › No Articles in Agency › Section 41 - Abolished

Current through Register Vol. 43, No. 28, July 11, 2024
Effective July 1, 1975, the food service and lodging board was abolished and its powers and duties transferred to the secretary of health and environment. For current regulations on this subject, see Agency 28, article 36.
Kansas Administrative Regulations › Agency 43 - CORRECTIONS OMBUDSMAN BOARD › Article 1 - ADMINISTERING OATHS › Section 43-1-1 - Administering oaths

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The ombudsman or designated ombudsman associates may take sworn statements from a person, if that person is likely to have information deemed by the ombudsman or designated ombudsman associates to be relevant to any matter under inquiry and if that person is or has been at any time:
(1) Within any premises under the control of the secretary of corrections;
(2) Committed to the custody of the secretary of corrections; or
(3) Employed by or under contract with the secretary of corrections.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 1 - GENERAL ADMINISTRATION › Section 44-1-101 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Institutional director. The institutional director is the principal
			 administrator of a correctional institution.
(b) Unit supervisor. The unit supervisor is
			 the principal administrator of a correctional unit.
(c) Correctional facility. Either a
			 correctional institution or correctional unit.
(d) Correctional institution. A correctional
			 institution is a correctional organizational entity operating within the
			 department of corrections as an agency of the state of Kansas under a separate
			 budget.
(e) Correctional unit. A
			 correctional unit is any correctional organization entity providing direct
			 services to inmates and operating as a function of the central office of the
			 department of corrections within the budget of the department.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 1 - GENERAL ADMINISTRATION › Section 44-1-102 - News media and public information

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 institutional director and each facility supervisor shall promulgate orders to
			 establish the methods and system of dealing with the news media and public
			 information for their institution or facility. Such order shall assure the
			 efficient flow of accurate information to the public under circumstances
			 consistent with and in a manner conducive to safety, security, and the
			 recognition of the right to privacy.
(b) News media representatives may visit a
			 correctional institution or facility with permission of the principal
			 administrator. The use of the facility, personnel, inmates, or records in
			 connection with the making of motion pictures, television documentaries and the
			 writing of books, magazine articles, and syndicated columns shall not be made
			 without the written approval of the secretary of corrections. Interviewing and
			 photographing an inmate shall be allowed only with the inmate's written consent
			 and liability waiver.
(c)
			 Correspondence between the media and inmates is subject to the same guidelines
			 and restrictions as are applicable to general correspondence and mail as
			 established by the regulations of the secretary and the general orders of the
			 institutional director or facility supervisor.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 1 - GENERAL ADMINISTRATION › Section 44-1-103 - Public or educational visits and tours

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) As part of an overall program of crime
			 prevention and aversion, any institution or facility warden may develop a
			 program, in cooperation with the courts and other agencies, to educate the
			 public concerning the consequences of felony conviction and incarceration.
(2) Request for participation in
			 this program may be made by the court or court services, school districts,
			 state and local governmental agencies, criminal justice agencies, service
			 organizations, and religious denominations. Participation by citizens may be by
			 a group or by an individual. Adults and juveniles 10 years of age or older may
			 participate in this educational program. The number of participants in any
			 group and the conditions and time of the program shall be at the discretion of
			 the institutional or facility warden. Sponsoring agencies shall apply to the
			 warden at least 10 days before the desired date of participation.
(3) No recordings by video or audio methods,
			 including film and videotape, shall be made without the approval of the warden
			 and the written consent of any person who is identifiable in the recording.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 1 - GENERAL ADMINISTRATION › Section 44-1-105 - Oaths, administration of; authorization and method

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Those
			 persons responsible for the conduct of investigations within the prison,
			 including those persons acting as hearing officers in hearings regarding inmate
			 discipline and transfers to mental health institutions, shall be authorized to
			 administer oaths.
(b) Oaths shall
			 be administered in a form and manner that is in accordance with
			 K.S.A.
			 54-101
et seq.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 2 - FACILITIES MANAGEMENT › Section 44-2-102 - Telephone usage by inmates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 principal administrator of each institution and facility shall formulate the
			 orders for inmate use of telephones.
(b) Each institution or facility principal
			 administrator shall publish orders governing the frequency, length, and
			 permitted hours for inmate telephone calls.
(c) All inmate telephone calls, whether
			 personal or business, outside or intra-institutional, may be monitored, unless
			 the call is to an attorney, priest or minister, judge, ombudsman, or other
			 person for which the protection of statutory privilege exists for the inmate.
(d) Inmate initiated calls shall
			 be collect unless approved by the principal administrator for the state to pay
			 for the call or for charge to inmate account.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 2 - FACILITIES MANAGEMENT › Section 44-2-103 - Trafficking in contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A person,
			 including an employee, inmate, visitor, or volunteer shall not, without the
			 consent of the warden:
(1) introduce or
			 attempt to introduce any item into or upon the grounds of a correctional
			 facility;
(2) take, send, or
			 attempt to take or send any item from any correctional facility;
(3) possess any item while in any
			 correctional facility; or
(4)
			 distribute any item within a correctional facility.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 4 - TRAINING › Section 44-4-101 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of this article the following definitions
				apply.
(a) "Secretary" means the
			 secretary of corrections.
(b)
			 "Director" means the director of personnel and training.
(c) "Basic training" means a 200 hour block
			 of instruction approved by the secretary.
(d) "Instructor" means any person selected to
			 deliver training to correctional employees.
(e) "Certification" means successful
			 completion of basic training.
(f)
			 "Training officer" means those persons employed at each correctional facility
			 to schedule, plan, coordinate and deliver orientation, basic and annual
			 training to correctional employees.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 4 - TRAINING › Section 44-4-102 - Equivalent training or substitutions for training

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Requests for
			 waiver of all or part of the basic training requirements for corrections
			 officers and parole officers, as provided for in
			 K.S.A.
			 75-5212(c), shall be
			 reviewed and approved by the director.
(b) Such requests shall be made in the form
			 and manner prescribed in the department of corrections' internal management
			 policies and procedures.
(c)
			 Non-waivable requirements. The following training requirements shall not be
			 waived: firearms, use of force, secretary of corrections' regulations, and
			 department of corrections' internal management policies and procedures.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 5 - INMATE MANAGEMENT › Section 44-5-104 - Classification for security

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The security
			 classification assigned to each inmate shall determine the security measures
			 which are to be applied to that inmate at any particular time and under various
			 circumstances, according to:
(1) The
			 secretary of corrections' internal management policy and procedure (IMPP)
			 number 011-107, which provides instructions for the classification process and
			 for security designation;
(2)
			 internal management policy and procedure number 012-101, which provides a
			 description of supervision requirements for each security level; and
(3) the general and special orders of the
			 principal administrator at the institution where the inmate is housed.
There shall be three basic security levels to which an inmate
				may be assigned during that inmate's period of incarceration. The security
				classification shall determine, in whole or in part, the security procedures
				applied to the inmate including the type of housing, area of assignment or
				activity, and the kind of supervision for maintaining control of that inmate.
				The level of security shall also partially determine the level of privileges
				and freedoms allowed to an inmate since the required security measures affect
				the availability of such privileges and freedoms. The security measures
				exercised over an inmate at any particular level may be greater, but shall
				never be less, than those prescribed as applicable to that level of security to
				which the inmate has been assigned.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 5 - INMATE MANAGEMENT › Section 44-5-106 - Use of force or restraint on inmates

Current through Register Vol. 43, No. 28, July 11, 2024
(a)K.S.A.
			 21-3215, regarding use of force by a law enforcement officer in making an
			 arrest, shall be applied to correctional officers and parole officers in making
			 arrests, preventing escapes, apprehending escapees or parole violators and
			 absconders, and in maintaining security, control, and discipline in the
			 correctional situation.
(b) The
			 use of mechanical restraints on an inmate for punitive purposes shall be
			 prohibited. Mechanical restraints may be used only when necessary in the
			 following instances:
(1) When transporting
			 the inmate;
(2) upon the advice of
			 clinical personnel that the inmate may cause injury to self or others, or when,
			 based on the past history or present behavior, it appears likely that the
			 inmate will cause injury to self or others;
(3) when hospitalized outside the
			 correctional security setting; and
(4) when part of authorized practice in
			 routine security procedures applied to an inmate based on the inmate's security
			 classification.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 5 - INMATE MANAGEMENT › Section 44-5-111 - Disposition of contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Contraband
			 shall be divided into three (3) categories as follows:
(1) Items which are contraband because mere
			 possession is illegal in the state of Kansas or the United States.
(2) Items, including money, which are made
			 contraband in the prison environment by the laws of the state of Kansas, by the
			 regulations of the secretary of corrections, or by the orders of a principal
			 administrator.
(3) Items which are
			 neither illegal in themselves nor defined as contraband in a prison under all
			 circumstances, but which because of their misuse or excessive accumulation, or
			 because they constitute the subject of a rule violation or illegal act, have
			 become contraband.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 5 - INMATE MANAGEMENT › Section 44-5-112 - Clinical services, inmate treatment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 principal administrator in cooperation with the administrator's chief physician
			 shall arrange for services to inmates both on an outpatient and on a hospital
			 basis, and shall also make proper plans and arrangements for an inmate to be
			 taken, when necessary, to a medical facility outside the correctional
			 institution. All such plans and arrangements shall be in compliance with
			 internal management policies and procedures of the secretary of corrections.
			 Procedures for inmates reporting a personal injury or medical problem shall be
			 established, in writing, by order of the principal administrator and inmates
			 shall be informed thoroughly regarding procedures.
(b) Adequate and necessary basic care shall
			 be made available to inmates. The principal administrator shall establish, by
			 order, a system for inmate medical care during normal working hours and for
			 emergency medical care during evenings, weekends and holidays. The system shall
			 be in compliance with internal management policies and procedures of the
			 secretary.
(c) Medical assistants
			 shall be certified according to current standards in Kansas and the principal
			 administrator shall provide a program of continuing education.
(d) Adequate and necessary basic care,
			 treatment and maintenance procedures shall be available for diabetics and
			 hypoglycemics. The clinic shall provide diet requirements for these persons to
			 the principal administrator and shall consult with the food service staff to
			 plan necessary dietary modifications. A diet from which reasonable selection
			 may be made and which is sufficient for their needs, may be used in lieu of
			 special menus. Other dietary needs, verified by clinical personnel as being
			 necessary and basic for adequate health care, shall be met.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 5 - INMATE MANAGEMENT › Section 44-5-115 - Service fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each inmate in the custody of the secretary of corrections shall be assessed a
			 charge of one dollar each payroll period, not to exceed $12.00 per year, as a
			 fee for administration by the facility of the inmate's trust account. The
			 facility shall be authorized to transfer the fee from each inmate's account
			 from the balance existing on the first of each month. If an inmate has
			 insufficient funds on the first of the month to cover this fee, the fee shall
			 be transferred as soon as the inmate has sufficient funds in the account to
			 cover the fee. All funds received by the facility pursuant to this subsection
			 shall be paid on a quarterly basis to the crime victims' compensation
			 fund.
(b)
(1) Each offender under the department's
			 parole supervision, conditional release supervision, postrelease supervision,
			 house arrest, and interstate compact parole and probation supervision in Kansas
			 shall be assessed a supervision service fee of a maximum of $30.00 per month.
			 This fee shall be paid by the offenders to the department's designated
			 collection agent or agents. Payment of the fee shall be a condition of
			 supervision. All fees shall be paid as directed by applicable internal
			 management policy and procedure and as instructed by the supervising parole
			 officer.
(2) A portion of the
			 supervision service fees collected shall be paid to the designated collection
			 agent or agents according to the current service contract, if applicable.
			 Twenty-five percent of the remaining amount collected shall be paid on at least
			 a quarterly basis to the crime victims' compensation fund. The remaining
			 balance shall be paid to the department's general fees fund for the
			 department's purchase or lease of enhanced parole supervision services or
			 equipment including electronic monitoring, drug screening, and surveillance
			 services.
(3) Indigent offenders
			 shall be exempt from this subsection, as set forth by criteria established by
			 the secretary in an internal management policy and procedure.
(4) The fees authorized by subsection (d)
			 shall not be considered a portion of the monthly supervision service
			 fee.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-101 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For purposes of
			 sentence computation, as used in this article, terms dealing with good time
			 credits shall be defined as follows:
(1)
			 "Establishment of good time credits" means the creation of that pool of credits
			 that decreases part of the term of actual imprisonment for good work and
			 behavior over a period of time. Good time credits shall not forgive or
			 eliminate the sentence but shall function only to allow the inmate to earn the
			 privilege of being released from incarceration earlier than the full minimum,
			 maximum, or guidelines prison sentence, subject to conditions specified and
			 imposed pursuant to applicable law. Following a revocation of parole or
			 conditional release, good time credits shall not be available to reduce the
			 period of incarceration before a prisoner review board hearing for reparole.
			 Following a revocation of postrelease supervision, good time credits shall be
			 available to reduce the incarceration penalty period as authorized by
			 applicable statutes.
(2)
			 "Allocation of good time credits" means the breakdown of the total number of
			 established good time credits into groups of credits that are available to the
			 inmate in separate time periods.
(3) To "earn good time credits" means that
			 the inmate has acted in a way that merits a reduction of the term of actual
			 imprisonment by those credits.
(4)
			 "Award of good time credits" means the act of the unit team, as approved by the
			 program management committee and the warden or designee, granting all or part
			 of the allocation of credits available for the time period under
			 review.
(5) "Application of good
			 time credits" means the entry of the credits of forfeitures into the official
			 record of the inmate and the consequent adjustment of parole eligibility,
			 conditional release, the guidelines release date, or the guidelines sentence
			 discharge date.
(6) "Forfeiture of
			 good time credits" means the removal of the credits and consequent
			 reinstatement of a term of actual imprisonment by the disciplinary board
			 according to article 12 and article 13, as published in the inmate rule
			 book.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-106 - Authority to interpret court documents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Department
			 of corrections' staff, authorized by the secretary of corrections, shall have
			 the authority to analyze and interpret the journal entry of judgment, the
			 judgment form, and any other documents from the court to the extent necessary
			 to execute the sentence and commitment.
(b) Authorized staff shall include wardens,
			 records officers, classification officers, sentence computation specialists,
			 and attorneys.
(c) If correction
			 of a journal entry is necessary, the authorized staff shall refer the matter to
			 the sentencing court and notify either the county or district attorney and the
			 defense attorney.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-107 - Application of law on date of crime; statutes repealed still applied

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) The statutes constituting the substantive
			 law in effect at the time the crime is committed shall apply to compute the
			 sentence term and the release dates. No subsequent change in the statute
			 constituting substantive law shall be applied if that law adversely affects the
			 inmate. Changes in statute constituting substantive law that benefit the inmate
			 may be applied to compute the inmate's sentence term and the release dates, but
			 shall not be required to be applied except in the computation of parole
			 eligibility.
(2) Parole
			 eligibility shall be computed by applying the statute in effect at the time the
			 inmate committed the crime for which imprisoned unless subsequent changes in
			 the statute provide an earlier parole date. If the amendment would yield an
			 earlier parole eligibility date, that amendment shall be applied. Statutes
			 establishing the formula for computation of parole eligibility shall be
			 considered substantive law and not procedural law.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-108 - Application of good time credits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the
			 purposes of awarding and applying good time credits, all calculations shall be
			 based upon a year, which shall be considered a 360-day period with each month
			 consisting of 30 days.
(b) Good
			 time credits may be awarded by the warden of the correctional facility, the
			 regional parole director, or the interstate compact administrator, or their
			 designees.
(c) Good time credits
			 may be awarded only for time served on a sentence on and after the beginning
			 date of the sentence. Good time credits shall not be awarded for any period of
			 time served before the sentence begins date. Good time credits shall not be
			 awarded or withheld if a sentence is not being served due to an escape, or for
			 delinquent time lost on postincarceration supervision.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-114c - Parole eligibility computation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 concurrent and aggregated consecutive terms not involving class A felonies,
			 parole eligibility shall be set at the minimum term less any award for good
			 time credits. The minimum term, less good time credits awarded and retained,
			 shall determine the parole eligibility date for concurrent and aggregated
			 consecutive sentences for crimes committed before July 1, 1993, including
			 sentences pursuant to K.S.A. 21-4618 and amendments thereto, but not including
			 class A felonies.
(b) Concurrent
			 class A felony sentences shall have a fixed parole eligibility date of 15
			 years, except as follows:
(1) For capital
			 murder offenses committed on or after July 1, 1990 but before July 1, 1994,
			 with a sentence imposed under former K.S.A. 21-4628, a parole eligibility date
			 of 40 years shall be established.
(2) For capital murder offenses committed on
			 or after July 1, 1994, but before July 1, 1999, if a death sentence is not
			 imposed, then under K.S.A. 21-4635 and 21-4638, and amendments thereto, a
			 parole eligibility date of 40 years shall be established.
(3) For capital murder offenses committed on
			 or after July 1, 1999, if a death sentence is not imposed, then under K.S.A.
			 21-4635 and 21-4638, and amendments thereto, a parole eligibility date of 50
			 years shall be established.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-114d - Conditional release date

Current through Register Vol. 43, No. 28, July 11, 2024
When computing a conditional release date, it shall be presumed
				that 100% of the available good time credits are earned. Conditional release
				good time credits may be forfeited in accordance with applicable regulations of
				the secretary. The conditional release date shall be based on the controlling
				maximum date. No conditional release date shall be computed for a maximum
				sentence of life.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-114e - Guidelines release date

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Except for off-grid crimes, the prison portion of sentences for crimes
			 committed on or after July 1, 1993 but before April 20, 1995, crimes at
			 non-drug severity levels 7 through 10 committed on or after January 1, 2008,
			 crimes at drug grid severity level 3 or 4 committed on or after January 1, 2008
			 but before July 1, 2012, and crimes at drug grid severity level 4 or 5
			 committed on or after July 1, 2012, may be reduced by no more than 20% through
			 awarded and retained good time credits.
(b) Except for off-grid crimes, the prison
			 portion of sentences for all crimes committed on or after April 20, 1995 but
			 before January 1, 2008, crimes at non-drug grid severity levels 1 through 6 and
			 drug grid severity levels 1 and 2 committed on or after January 1, 2008, and
			 crimes at drug severity level 3 committed on or after July 1, 2012, may be
			 reduced by no more than 15% through awarded and retained good time credits.
			 Partial days shall be rounded to the next whole number, but over the length of
			 the sentence no more than 15% of the imprisonment portion of the sentence may
			 be awarded as good time.
(c)
			 Concurrent and consecutive sentences for off-grid crimes committed on or after
			 July 1, 1993 shall not be subject to reduction through application of good time
			 credits.
(d) For determinate
			 sentences that are concurrent or consecutive with indeterminate sentences, good
			 time may be awarded on the indeterminate sentence term as described in these
			 regulations and applicable law.
(e)
			 Good time credits awarded and retained on the prison portion of a determinate
			 sentence shall be added to the period of postrelease supervision applicable to
			 the offender's sentence.
(f) The
			 following charts shall establish the good time credit rate for a 20% reduction
			 of the prison portion of a determinate sentence.
(1) Total good time credits available for the
			 length of sentence imposed.
(2)
			 Except as provided in subsection (h), allocation of good time credits available
			 during the service of sentence.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-115a - Awarding and withholding good time credits for incarcerated offenders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) With the
			 exception of calculation of good time credits affecting the conditional release
			 dates, which are controlled by K.A.R. 44-6-114d, this regulation shall govern
			 the award and withholding of good time credits.
(b)
(1) At
			 the conclusion of the initial inmate classification, 100% of the good time
			 credits available from the sentence begins date to the date of the initial good
			 time award shall be awarded, unless there is written documentation of
			 maladjustment before the date of the initial award.
(2) The initial award of good time credits
			 shall be made on the same day of the month on which the sentence was
			 established. If a full month has not elapsed between the computed sentence
			 begins date and the conclusion of the initial classification, good time credits
			 shall not be awarded until the first classification review following the
			 initial classification.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-116 - Allocation of good time credits for crimes committed prior to July 1, 1982

Current through Register Vol. 43, No. 28, July 11, 2024
The amount of statutory good time credit available for each
				unit team review period, as such period is authorized by the Kansas adult
				authority regulations, shall be allocated as follows:
TABLE: DEPARTMENT OF CORRECTIONS ALLOCATION OF GOOD TIME
				CREDITS ESTABLISHED BY KANSAS ADULT AUTHORITY
# Month Time Served Monthly Good Time Allocation Maximum
				Cumulative Allocations Length Of Sentence Time To Be Served If All Good Time
				Awarded
1st Mo. 6 Days
2nd Mo. 6 Days
3rd Mo. 6 Days
4th Mo. 6 Days
5th Mo. 6 Days
6th Mo. 6 Days
7th Mo. 6 Days
8th Mo. 6 Days
9th Mo. 6 Days
10th Mo. 6 Days 2 Months 1 Year 10 Months
11th Mo. 15 Days
12th Mo. 15 Days
13th Mo. 15 Days
14th Mo. 15 Days
15th Mo. 15 Days
16th Mo. 15 Days
17th Mo. 15 Days
18th Mo. 15 Days 6 Months 2 Years 1 Year 6 Months
19th Mo. 30 Days
All thereafter 30 Days
This allocation shall apply to offenses committed prior to July
				1, 1982.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-121 - Docketing parole hearings

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of docketing a parole hearing, it shall be
				presumed that the inmate will earn and be awarded the full amount of good time
				credit available for the period between docketing and parole eligibility. If
				the good time is in fact not earned and awarded, the warden or warden's
				designee shall notify the Kansas parole board so the name may be removed from
				the docket, and the release date extended accordingly, or so that other
				appropriate disposition may be made as deemed appropriate by the Kansas parole
				board. The records officer shall show the good time credits award for the last
				review period at 100% of available good time credits, subject to notice by the
				unit team that it is otherwise.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-126 - Meritorious good time

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For any
			 inmate incarcerated for crimes committed before July 1, 1982, "meritorious"
			 good time credits may be recommended to the Kansas parole board for any
			 meritorious act by an inmate, if deemed appropriate by the unit team and
			 subject to the approval of the program management committee and the warden.
(1) The action taken on this recommendation
			 by the Kansas parole board shall be recorded in the inmate's record by the
			 records officer at the institution.
(2) The application of these "meritorious"
			 good time credits shall be in addition to other authorized good time credits.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-127 - Program credits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Program
			 credits may be earned on the prison portion of a sentence for crimes at
			 non-drug severity levels 4 through 10 and drug grid severity levels 3 and 4
			 committed on or after January 1, 2008, for successful completion of programs
			 designated by the secretary of corrections. These credits shall be in addition
			 to good time credits awarded pursuant to K.A.R. 44-6-115a.
(b)
(1)
			 Subject to the exception stated in this subsection, if any portion of an
			 inmate's composite sentence does not qualify for application of program
			 credits, the inmate's entire sentence shall be found to be ineligible.
(2) Notwithstanding paragraph
			 (b)(1), any inmate serving a composite sentence consisting of a sentence for a
			 crime committed before July 1, 1993, with an indeterminate term of years, which
			 shall mean a term other than a sentence of life imprisonment or a sentence with
			 a maximum term of life imprisonment, and a determinate sentence for an offense
			 committed while on release that otherwise meets the criteria specified in this
			 regulation may be eligible to earn program credits on the remaining determinate
			 sentence if the inmate meets any of the following conditions:
(A) Is paroled to the determinate sentence;
(B) attains conditional release;
			 or
(C) reaches the maximum
			 sentence expiration date on the indeterminate sentence.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-128 - Adjustments of previous awards of good time credits; scope of review and decision-making procedure; effect of noncompliance with procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 procedures specified in K.A.R. 44-6-129 through K.A.R. 44-6-132 shall be used
			 by department of corrections staff to correct an error made in regard to an
			 award of good time credits for a prior classification review or award period
			 that will result in a decrease in the amount of good time credit previously
			 awarded to the inmate or supervised offender.
(b) The scope of the review and
			 decision-making procedures shall be confined to the good time credits
			 associated with the review or award period or periods identified in the notice
			 to the inmate or offender described in K.A.R. 44-6-129.
(c) A failure to follow any part of the
			 procedure outlined in K.A.R. 44-6-129 through K.A.R. 44-6-132, including
			 observance of deadlines, shall not be considered to constitute substantial
			 error indicating that appropriate relief should be granted by the appellate
			 review officer, unless the inmate or offender shows affirmatively that the
			 error in question has actually interfered with the inmate or offender's rights
			 to such a degree that justice has been denied to the inmate or offender.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-129 - Same; notice of proposed action; service; election of hearing or waiver; hearing officer designation; issuance and service of notice of hearing; requests for witnesses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 supervising correctional counselor in the case of inmates as well as offenders
			 serving an incarceration penalty period for revocation of postrelease
			 supervision status, or the supervising parole officer in the case of offenders
			 serving postrelease supervision, shall prepare a concise written statement on a
			 form prescribed by the secretary that notifies the inmate or offender of the
			 proposed action and includes the following information:
(1) The amount of good time credit previously
			 awarded that is proposed for removal from the pool of earned and awarded
			 credits and either the revised release date or sentence discharge date, or
			 both, that would result from the proposed adjustment;
(2) review or award periods affected;
(3) reason or reasons for the
			 proposed decrease in credits previously awarded, in sufficient detail to permit
			 the inmate or offender a reasonable opportunity to know and either contest or
			 otherwise reply to the proposed adjustment, including attachment of a copy of
			 each document referenced in the statement of reasons;
(4) a statement advising the inmate or
			 offender of the opportunity for a hearing on the proposed adjustment in which
			 the inmate or offender will have opportunity to present an oral statement,
			 statements by any other witnesses who agree to voluntarily participate in the
			 hearing, and any relevant documentary evidence, including affidavits submitted
			 in lieu of in-person statements at the hearing to an impartial decision-maker;
(5) a provision permitting the
			 inmate or offender to affirmatively elect to have such a hearing, or
			 alternatively to waive the hearing and accept the proposed adjustment;
(6) the signature of the
			 supervising correctional counselor or parole officer; and
(7) an acknowledgment of receipt of the
			 notice by the inmate or offender.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-131 - Same; appeal procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an inmate
			 or offender desires to appeal the decision of a hearing officer that upholds
			 the proposed action or modifies the decision by deciding that a greater or
			 smaller amount of good time credit than originally proposed should be removed
			 from the pool of awarded good time credits, the inmate or offender may submit a
			 written appeal within three working days of the inmate or offender's receipt of
			 the hearing officer's decision. The appeal shall be submitted to the inmate's
			 unit team manager or to the parole supervisor who supervises the offender's
			 parole officer, who shall note filing of the appeal. The modification of the
			 inmate's or offender's good time awards and associated release or sentence
			 discharge date, or both, in the relevant departmental database or databases
			 shall be postponed during the appeal.
(b) The unit team manager or parole
			 supervisor shall then forward the appeal, along with a copy of the hearing
			 officer's decision and the notice of proposed action, which shall be provided
			 free of charge, within two working days to the deputy secretary of facilities
			 management in the case of inmates or to the deputy secretary of community and
			 field services in the case of offenders on postrelease supervision. Those
			 officials or their respective designees shall then proceed to determine the
			 merits of the appeal within 10 working days of receipt and shall issue a brief
			 written decision that upholds or modifies the hearing officer's decision.
(c) The decision on the appeal
			 shall be sent within two working days to the unit team manager or parole
			 supervisor, as applicable, and shall then be personally served upon the inmate
			 or offender by the end of the next working day. A written, dated receipt shall
			 be secured from the inmate or offender upon service and shall be filed with all
			 other papers regarding the matter in the inmate's master file or the
			 postreleasee's supervision file.
(d) If a successful appeal of the hearing
			 officer's decision would cause the inmate to be immediately released or an
			 offender on postrelease supervision to be immediately sentence-discharged, upon
			 submission of the appeal, the appeal shall be handled as the highest priority
			 at each level.