reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-506 - Preparation of the record within 10 working days

Current through Register Vol. 43, No. 28, July 11, 2024
The hearing officer shall prepare the record of each
				disciplinary hearing within 10 working days after rendering the disposition,
				unless extenuating circumstances arise. If these circumstances arise, the
				record shall be prepared as soon as possible, and a written explanation of the
				reason for the delay shall be attached. The completed record shall be forwarded
				to the superintendent for administrative review. After that review, a copy
				shall be delivered to the offender.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-507 - Docket

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 disciplinary administrator at each facility shall maintain a docket of all
			 disciplinary cases filed at that facility showing the following for each case:
(1) The case number;
(2) the offender's name;
(3) the offender's number;
(4) the name of the living unit;
(5) the offense and its classification; and
(6) the name and title of the
			 reporting officer.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-508 - Reports in file

Current through Register Vol. 43, No. 28, July 11, 2024
The disposition report and disciplinary report for each case
				shall be placed in the file of the respective offender if there is a finding of
				guilty. If there is a not-guilty finding or if the case is dismissed, no
				reference to the case shall be placed or allowed to remain in the offender's
				file.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-509 - Disciplinary case log

Current through Register Vol. 43, No. 28, July 11, 2024
Each disciplinary administrator shall keep a continuous log of
				all disciplinary reports. The reports shall be numbered and recorded. If any
				disciplinary report is voided, dismissed, or otherwise terminated, the log and
				the report shall be annotated to reflect that fact. No numbers or entries shall
				be altered, and no report shall be destroyed.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-601 - Serving disciplinary segregation sentence

Current through Register Vol. 43, No. 28, July 11, 2024
Each offender sentenced to disciplinary segregation shall begin
				serving the sentence immediately upon imposition of the sentence by the hearing
				officer, unless the superintendent determines that space in the disciplinary
				segregation area is not immediately available or that immediate placement of
				the offender in segregation is not otherwise feasible. If either determination
				is made, the sentence shall be served when space is available or when placement
				of the offender in segregation becomes feasible.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-602 - Credit for disciplinary segregation sentence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 sentenced to a term in disciplinary segregation shall be granted credit to
			 reduce the term of this sentence on a day-for-day basis for each day the
			 sentenced offender remained in administrative segregation if that offender was
			 in administrative segregation solely for the purpose of awaiting the
			 disciplinary proceeding.
(b) No
			 credit to reduce the term of a sentence to disciplinary segregation shall be
			 granted for any day the sentenced offender was in administrative segregation
			 for a reason other than awaiting the disciplinary proceeding even if, absent
			 that other reason, the sentenced offender would nevertheless have been in
			 administrative segregation awaiting the disciplinary proceeding.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-603 - Absence from facility

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) No time during which an offender is away
			 from the facility shall be credited against the service of the offender's
			 sentence if both of the following conditions are met:
(A) The offender is sentenced for a specific
			 period of time to any of the following:
(i)
			 Disciplinary segregation;
(ii) the
			 restriction of privileges; or
(iii) the performance of additional
			 responsibilities.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-610 - Collection of restitution

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon
			 disposition of the case, restitution may be collected immediately from the
			 offender's trust account without any further hearing process, with the written
			 order of the disciplinary administrator.
(b) The restitution shall be taken from any
			 money that the offender has credited to the offender's trust account
			 administered by the facility. The restitution shall not be deducted or taken
			 from any applicable gratuity, travel, or clothing allowance provided to the
			 offender upon release.
(c) No
			 offender, while released in the community, shall be required to continue
			 payment on any restitution imposed under these regulations. Upon any subsequent
			 admission, the restitution may be collected, at the discretion of the
			 superintendent.
(d) If an offender
			 is transferred to another facility and there is a balance due on any
			 restitution imposed under this regulation, collection of the remaining balance
			 may be made by the receiving facility at the request of the superintendent of
			 the sending facility and with the approval of the superintendent of the
			 receiving facility. The amount collected shall be deposited in the offender
			 benefit fund at the facility where the collection is made.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-701 - Administrative review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In each class I
			 and class II offense case, a case review shall be conducted by the
			 superintendent within seven working days after the preparation of the
			 disciplinary hearing record. The record shall be reviewed to determine whether
			 the proceeding was conducted in compliance with the disciplinary procedure. The
			 review shall not include the presentation of further arguments from either
			 side. Based upon the review, any of the following actions shall be taken by the
			 superintendent:
(1) Approving the decision;
(2) disapproving the decision;
(3) amending the charge in
			 accordance with the provisions of K.A.R. 123-13-202 and remanding the case to
			 the hearing officer;
(4)
			 disapproving the decision and dismissing the case;
(5) reducing the penalty;
(6) remanding the case to the hearing officer
			 and ordering a new hearing; or
(7)
			 remanding the case to the hearing officer for clarification of the record and
			 returning the case to the superintendent for further consideration.
If applicable, the disposition of any personal property that
				has been found to be the subject of a violation of one or more disciplinary
				regulations in accordance with K.A.R. 123-5-111 shall be made by the
				superintendent.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-702 - Appeal on the record to the superintendent in class III offense cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In class III
			 cases, each offender shall have a right of appeal to the facility's
			 superintendent but shall have no right of appeal to the commissioner.
(b) The procedure for appeal to
			 the superintendent shall be the same as that for appeal to the commissioner in
			 cases involving class I and II offenses.
(c) The same time to answer the appeal shall
			 be provided to the superintendent as that provided for the commissioner in
			 cases involving class I and II offenses.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-703 - Appeal on the record to commissioner in class I and II offense cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In class I and
			 II cases, each offender shall have the right to appeal on the record to the
			 commissioner from a final decision made by the disciplinary hearing officer,
			 after the superintendent's review pursuant to K.A.R. 123-13-701. The offender
			 shall be notified of the right of appeal before or immediately following the
			 superintendent's review.
(b) Any
			 offender may, on forms provided by the program team, prepare the offender's own
			 appeal. The program team shall ensure that all data necessary to identify and
			 properly log the appeal is provided and forwarded to the disciplinary
			 administrator.
(c) The offender
			 shall submit the appeal within 15 days of the date of receiving notice of the
			 final action pursuant to K.A.R. 123-13-701(b).
(d) If the offender pleaded guilty or no
			 contest at the disciplinary hearing, an appeal of the penalty imposed may be
			 brought, but no appeal of a finding of guilt shall be permitted unless the
			 offender alleges and shows any of the following:
(1) The offender was under duress at the time
			 of the plea.
(2) Fraud or
			 substantial error was involved in the offender's plea of guilty or no contest.
(3) The offender was not advised
			 of the nature of the hearing and the rights that the offender would waive by
			 that plea.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-704 - Commissioner's final review on appeal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Within 15
			 working days after each appeal is received, the appealed case shall be reviewed
			 by the commissioner or designee. The date of receipt shall not be counted. Any
			 one of the following actions may be taken by the commissioner or designee:
(1) Approving the decision as rendered;
(2) revoking the decision
			 entirely;
(3) reducing the
			 penalty;
(4) ordering a new
			 hearing; or
(5) remanding the case
			 for clarification of the record and resubmission to the commissioner for
			 further consideration.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-706 - Administrative review board to review and make recommendations

Current through Register Vol. 43, No. 28, July 11, 2024
The administrative segregation review board established under
				the applicable internal management policy and procedure of the commissioner may
				review the record for each offender held in disciplinary segregation. This
				board may, at any time, recommend to the superintendent that the disciplinary
				segregation sentence of an offender be modified to suspend the remaining
				segregation time, based on a finding of the administrative disciplinary
				segregation review board that the offender has maintained exceptionally good
				behavior while in segregation. The remaining segregation time of the offender's
				sentence may be suspended by the superintendent, acting on the recommendation
				of the administrative segregation review board.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-707 - Harmless error; plain error

Current through Register Vol. 43, No. 28, July 11, 2024
None of the following types of errors shall be grounds for
				granting a new hearing, for setting aside a finding, or for vacating,
				modifying, or otherwise disturbing a disposition or order, unless the failure
				to take that action appears to the hearing officer or the reviewing authority
				to be inconsistent with substantial justice:
(a) An error in either the admission or
			 exclusion of evidence;
(b) an
			 error or defect in any ruling or order;
(c) an error in anything done or omitted by
			 the hearing officer or by any of the facility officials in processing the
			 disciplinary case; and
(d) an
			 error by the offender in processing the offender's defense of the case.
Throughout the disciplinary process, the hearing officer or the
				reviewing authority shall disregard any error or defect in the proceeding that
				does not affect the substantial rights of the offender or the facility.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-101 - Offender grievance procedure; informal resolution; formal levels

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before
			 utilizing the grievance procedure, each offender shall be responsible for
			 attempting to reach an informal resolution of the matter with the personnel who
			 work with the offender on a direct or daily basis. The offender shall contact
			 the program team members for the attempt at informal resolution. That attempt
			 shall be documented. The facility's offender request forms may be used to
			 document this process. If the informal resolution attempt fails, the grievance
			 system may then be used. If an emergency exists and a resolution was not
			 obtained by contacting the program team, the offender may utilize the grievance
			 process.
(b) At every stage of the
			 process, the grievance shall be answered promptly in order to avoid delays that
			 impose additional hardship upon the offender or that unnecessarily prolong a
			 misunderstanding. To the extent possible, the grievance of an offender who has
			 been transferred, released, or discharged before its final resolution shall be
			 answered.
(c) The grievance
			 procedure shall consist of the following levels of problem solving to ensure
			 resolution at the lowest administrative level possible:
(1) Level one. The offender shall first
			 submit the grievance report form to the proper facility program team member.
(2) Level two. If not resolved at
			 level one, the offender may then submit the grievance report form to the
			 facility's superintendent.
(3)
			 Level three. If not resolved at level two, the grievance may then be submitted
			 to the office of the commissioner. Either a response to the grievance or a
			 referral of the matter to the deputy commissioner for operations for further
			 investigation by the superintendent, if necessary, shall be made. The grievance
			 may be referred by the commissioner to the deputy commissioner or designee for
			 a response.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-101a - Grievance procedure distribution; orientation; applicability; remedies; investigation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The grievance
			 procedure regulations shall be distributed or made readily available to all
			 offenders in each facility.
(b)
			 Each offender, upon admittance to the facility, shall receive an oral
			 explanation of the offender grievance procedure, including an opportunity to
			 have questions regarding the procedure answered orally. Explanatory materials
			 and the oral presentation shall be made available in any language spoken by a
			 significant portion of the facility's population. To the extent feasible,
			 offenders who do not understand English shall receive an explanation of the
			 grievance procedure in a language in which the offender is fluent. Mentally
			 impaired and physically handicapped offenders shall receive explanations in a
			 manner comprehensible to them. Following the explanation, each offender shall
			 sign a statement indicating that the required explanation has been given.
(c) All employees of the facility
			 who are directly involved in the operation of the offender grievance procedure
			 shall receive training in the skills necessary to operate, or to participate
			 in, the grievance procedure.
(d)
(1) The grievance procedure shall be
			 applicable to a broad range of matters that directly affect the offender,
			 including the following:
(A) Complaints by
			 offenders regarding policies and conditions within the jurisdiction of the
			 facility or the juvenile justice authority; and
(B) actions by employees and offenders, and
			 incidents occurring within the facility.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-101b - Time limit for filing grievance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each grievance
			 shall be filed within 15 days from the date of the discovery of the event
			 giving rise to the grievance. However, if the fifteenth day falls on a
			 Saturday, Sunday, or holiday, the grievance may be filed on the first regular
			 work day immediately following the fifteenth day. No grievance, regardless of
			 the date of discovery, shall be filed more than one year after the date of the
			 event giving rise to the grievance. Each grievance filed later than these
			 deadlines shall be returned to the offender without investigation. The name of
			 the individual returning the grievance, the date of the return, and the reasons
			 for the return shall be noted on the grievance.
(b) Any offender may move to the next level
			 of the grievance procedure if a timely response is not received at any level in
			 the grievance process, unless an extension of time for the response is agreed
			 to in writing by the offender and staff person answering the grievance.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-102 - Procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Grievance level
			 one; preliminary requirement; informal resolution and problem solving by or
			 with the assistance of the program team.
(1)
			 Each offender shall first seek information, advice, or help on any matter from
			 the offender's program team or from a member of the team. If unable to solve
			 the problem, the program team shall refer the offender to the proper office or
			 department. The program team shall assist any offender who is unable to
			 complete the form without assistance.
(2) If an offender does not receive a
			 response from the program team within 10 calendar days, a grievance report may
			 be sent to the superintendent without the program team's signature or
			 signatures. Each grievance report form shall include an explanation of the
			 absence of the signature or signatures.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-104 - Reprisals prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
No adverse action shall be taken against any offender for use
				of the grievance procedure, unless the offender uses the grievance procedure to
				communicate a threat to another person or to the security of the institution or
				to commit any unlawful act.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-105 - Records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Nature and
			 retention. Records regarding the filing and disposition of grievances shall be
			 collected and maintained systematically by the facility. These records shall
			 include aggregate information regarding the numbers, types, and dispositions of
			 grievances, as well as individual records of the date of and the reasons for
			 each disposition at each stage of the procedure. These records shall be
			 preserved for at least three years following final disposition of the
			 grievance. The logs and records shall be maintained in a form and manner
			 prescribed by the commissioner.
(b) Confidentiality. All records regarding
			 the participation of an individual in grievance proceedings shall be considered
			 confidential and shall be handled under the procedures used to protect other
			 confidential case records. Each staff member participating in the disposition
			 of a grievance shall have access to the records that are essential to the
			 resolution of the grievance. Each offender shall be permitted to review any
			 portion of the offender's own file upon the written approval of the
			 superintendent. No offender shall be permitted to review any portion of another
			 offender's file. Grievance report forms shall not be placed in the offender's
			 institutional or agency file.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-105a - Annual review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The records
			 regarding the filing and disposition of grievances shall be reviewed annually
			 by the commissioner or designee to determine the effectiveness and credibility
			 of the grievance procedure.
(b)
			 Each review shall include the following:
(1)
			 An analysis of the types of grievances received;
(2) a breakdown reflecting the types and
			 levels of disposition; and
(3) a
			 summary and analysis of any complaints that have been received about the
			 grievance procedure.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-106 - Emergency grievance procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Emergency
			 grievance" shall mean a grievance for which disposition using the regular time
			 limits would subject the offender to a substantial risk of personal injury or
			 cause other serious and irreparable harm to the offender.
(b) In emergency situations, any offender may
			 bypass the prerequisite of informal resolution if contacting the program team
			 would not obtain a resolution to the problem. The offender shall indicate on
			 the face of the grievance form the nature of the emergency and shall write the
			 word "emergency" in readily discernable letters at the top of the grievance
			 report form.
(c) Each emergency
			 grievance shall be forwarded immediately, without substantive review, to the
			 level at which corrective action can be taken. Each emergency grievance shall
			 be expedited at every level. The same external review provisions that apply to
			 regular grievances shall apply to emergency grievances.
(d) If a person at the corrective action
			 level determines that the grievance is not an emergency, the person making that
			 determination shall include that determination on the grievance form and then
			 sign the form. The grievance shall then be processed as a regular grievance. If
			 necessary for a proper response, the grievance may be sent for processing at a
			 lower level.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-107 - Special procedures for sexual abuse grievances; sexual harassment grievances and grievances alleging retaliation for filing same; reports of sexual abuse or sexual harassment submitted by third parties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions. For the purpose of this
	    regulation, each of the following terms shall have the meaning specified in
	    this subsection:
(1) "Sexual abuse" means
	    either of the following:
(A) "Sexual abuse of
	    an offender by another offender," which means any of the following acts if the
	    victim does not consent, is coerced into the act by overt or implied threats of
	    violence, or is unable to consent or refuse:
(i) Contact between the penis and the vulva
	    or the penis and the anus, including penetration, however slight;
(ii) contact between the mouth and the penis,
	    vulva, or anus;
(iii) penetration
	    of the anal or genital opening of another person, however slight, by a hand,
	    finger, or object; or
(iv) any
	    other intentional touching, either directly or through the clothing, of the
	    genitalia, anus, groin, breast, inner thigh, or the buttocks of another person,
	    excluding contact incidental to a physical altercation; or
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 15 - OFFENDER GRIEVANCE PROCEDURE › Section 123-15-201 - Special kinds of problems

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an offender
			 wants to bring a problem to the attention of a higher authority without going
			 through the regular grievance procedure, the offender may send a sealed letter
			 or grievance report form to the facility's superintendent or the commissioner.
			 The sealed letter shall contain the designation "official mail" on the outside
			 of the envelope. This procedure shall be reserved for any problem for which
			 resolution using the regular grievance procedure would not be effective due to
			 the nature or sensitivity of the problem.
(b) Any complaint letter received by the
			 commissioner or superintendent under this regulation may be returned to the
			 offender with instructions to the offender to make use of and follow the proper
			 grievance procedure if, in the recipient's opinion, the matter can be properly
			 handled through the grievance procedure described in these regulations.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 16 - OFFENDER INJURY AND PROPERTY CLAIMS › Section 123-16-102 - Reporting loss of or damage to property; claims

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall immediately report any loss of or damage to the offender's personal
			 property and to any state-owned property issued to the offender. When reporting
			 property damage or loss, the offender shall use the applicable avenues of
			 redress established by regulations, internal management policies and
			 procedures, and facility orders. These procedures shall be strictly followed.
(b) The superintendent shall not
			 be required to accept any claim for lost or damaged personal property unless
			 the claim is made within 15 working days of the discovery of the loss or damage
			 and the claim is made using the applicable procedures. The superintendent shall
			 not be required to accept any claim if either of the following conditions
			 exists:
(1) The offender could have
			 discovered the loss by exercising reasonable effort to know the status of the
			 offender's property.
(2) The claim
			 is submitted later than one year and one day after the date of the loss,
			 regardless of when the loss was discovered.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 16 - OFFENDER INJURY AND PROPERTY CLAIMS › Section 123-16-105 - Personal property at offender's own risk

Current through Register Vol. 43, No. 28, July 11, 2024
Each offender who has personal property at a facility shall do
				so at the offender's own risk. The loss of or damage to personal property shall
				not provide a basis for recovery on a claim, unless the loss or damage directly
				resulted from the intentional or negligent act or omission of a juvenile
				justice authority employee and was reported according to applicable
				regulations, internal management policies and procedures, and facility orders.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 17 - COMMUNITY JUVENILE SUPERVISION › Section 123-17-101 - Community-based graduated responses for technical violations of probation, violations of conditional release, and violations of a condition of sentence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For documenting and determining whether any
			 technical violation of probation, violation of conditional release, or violation
			 of a condition of sentence is a minor, moderate, or serious violation, each
			 community supervision officer shall utilize the Kansas department of corrections'
			 "violation levels report," dated February 2, 2017 and hereby adopted by
			 reference.
(b) For determining
			 graduated responses to technical violations of probation, violations of
			 conditional release, and violations of a condition of sentence, each community
			 supervision officer shall utilize the Kansas department of corrections' "response
			 grid," dated February 2, 2017 and hereby adopted by reference.
(c) For determining graduated responses to
			 positive and prosocial behaviors of juveniles on probation or conditional
			 release, each community supervision officer shall utilize the Kansas department
			 of corrections' "incentives grid," dated February 2, 2017 and hereby adopted by
			 reference.
Kansas Administrative Regulations › Agency 124 - CHILD DEATH REVIEW BOARD › Article 1 - CHILD DEATHS › Section 124-1-1 - Coroner guidelines for identifying suspicious deaths of children

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Coroners shall use the following protocol in identifying a suspicious death of a child.
(b) "Suspicious death" means a death which appears to result from suspicious circumstances or unknown cause and does not result from an identifiable natural cause.
(c) The following deaths shall be considered suspicious:
(1) a death from unknown causes; or
(2) a death from other than identified natural causes.
Kansas Administrative Regulations › Agency 124 - CHILD DEATH REVIEW BOARD › Article 1 - CHILD DEATHS › Section 124-1-2 - Investigation of child deaths

Current through Register Vol. 43, No. 28, July 11, 2024
The following protocol shall be used in investigating child deaths by a records review:
(a) Birth and death certificates received from the Kansas department of health and environment shall be reviewed by the executive director of the board.
(b) Coroner's reports shall be received and reviewed by the executive director of the board.
(c) Additional reports and information from such entities as may be appropriate may be requested by the executive director.
(d) Any additional reports and information received shall be reviewed by the executive director of the board.
(e) Each case of a child's death which is reported to the board shall be assigned to a board member by the executive director.
(f) A copy of all case materials shall be provided to the assigned board member by the executive director.
(g) All case materials shall be reviewed by the assigned board member. Additional information may be requested by the assigned board member.
(h) The assigned board member shall report to the board on the assigned child death case.
(i) The assigned board member's report may be accepted by the board or the matter may be continued by the board for additional follow-up activity or further investigation.
(j) The assigned board member shall complete the report to the board at the conclusion of the investigation or any follow-up activity, and the chairperson of the board shall then close the investigation.
(k) If the board determines that the manner or cause of death listed on the death certificate is questionable based upon its review of the case, any concerns shall be communicated by the board to the appropriate county or district attorney, and further action may be recommended by the board.
Kansas Administrative Regulations › Agency 124 - CHILD DEATH REVIEW BOARD › Article 1 - CHILD DEATHS › Section 124-1-3 - Coordination and cooperation among agencies involved in child deaths

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An agreement with the Kansas department of health and environment shall be sought by the board in which, by the fifth day of each month, the department will provide to the board copies of child death certificates with any associated birth certificates that have been filed in the office of vital statistics in the previous month.
(b) An agreement with the Kansas department of social and rehabilitation services shall be sought by the board whereby, upon request of the board, the department will check its records and provide information to the board regarding services provided to families either before or at the time of a child's death.
(c) Cooperation with law enforcement agencies will be sought by the board whereby, upon request of the board, a law enforcement agency will provide copies of reports and any other supporting documents relative to a child's death and any subsequent investigation.
(d) Cooperation with district and deputy coroners shall be sought by the board whereby, upon request of the board, a district or deputy coroner will provide copies of autopsy reports which have been performed on children who have died in Kansas.
(e) Cooperation with schools, mental health providers, and public and private medical health providers shall be sought by the board whereby, upon request of the board, the entity will provide relevant information and records.
(f) Copies of the birth and death certificates, social and rehabilitation services, law enforcement and coroner information and reports shall be provided to the executive director for further dissemination to the assigned board member.
Kansas Administrative Regulations › Agency 124 - CHILD DEATH REVIEW BOARD › Article 1 - CHILD DEATHS › Section 124-1-4 - Facilitating prosecution for abuse and neglect

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A check list for use by law enforcement officers as an aid in child death case evaluations and filing decisions shall be developed and distributed by the board.
(b) The board shall communicate annually with district and deputy coroners regarding the requirements of K.S.A. 22a-242.
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
These terms shall have the following meanings:
(a) "Administrator" means the administrator of the Kansas agricultural remediation board.
(b) "Board" means the Kansas agricultural remediation board.
(c) "Incident" means a rupture, leak, spill, emission, discharge, disposal, or any other event that releases an agricultural or specialty chemical accidentally or otherwise into the environment. This term shall not include a release resulting from the normal use of a product or practice in accordance with the law.
(d) "Person" means an individual, firm, corporation, partnership, association, trust, or any other private organization or entity.
(e) "Responsible party" means a person who at the time of the incident has custody of, has control of, or is responsible for the agricultural or specialty chemical.
(f) "Site" shall include all contiguous land that is owned, leased, or controlled by the eligible person when the release occurs, and any other area affected by the release.
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-2 - Application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any eligible person who has incurred corrective action costs after July 1, 1997, may seek reimbursement of those corrective action costs from the board. The eligible person shall submit to the administrator a signed, written, complete application form. The application shall be on a form prescribed by the board. Information other than what is outlined on the form may be required by the board if the board determines that the information is necessary in order to make a decision regarding the application. Each application deemed to be incomplete by the board shall be returned to the applicant.
(b) Each claim for reimbursement of corrective action costs incurred before the effective date of this regulation shall be submitted within 24 months after September 1, 2001. Each claim for reimbursement of corrective action costs incurred after the effective date of this regulation shall be submitted within 24 months of incurring these costs.
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-3 - Application process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each completed application shall be eligible for review and possible funding for 12 months following the administrator's receipt of the completed application.
(b) Completed applications shall be reviewed by the board on a quarterly basis.
(c)
(1) Except as specified in paragraph (c)(2) all completed applications shall be ranked by the board according to the risk to human health and the environment presented by the contaminants at each eligible site. The ranking system developed by the board shall be used to rank each application in relation to other eligible applications to establish priorities and fund expenditures for reimbursement.
(2) Sites that are deemed by the board as requiring emergency action may be ranked. Emergency status may be established by the board under any of the following conditions:
(A) If a public water supply or one or more domestic wells are contaminated or are threatened with contamination levels above state or federal drinking water limits, and no alternative water source is readily available;
(B) if a surface water intake used for drinking water is contaminated above state or federal drinking water limits, and no alternative water source is readily available; or
(C) if a high probability exists for direct human exposure to or contact with highly contaminated waste, air, soil, or water.
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-4 - Multiple eligible persons

Current through Register Vol. 43, No. 28, July 11, 2024
If more than one eligible person incurs eligible corrective action costs for a single incident or for a single corrective action and desires reimbursement, each eligible person shall apply separately to the board.
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-5 - Arbitration

Current through Register Vol. 43, No. 28, July 11, 2024
Any person whose application for reimbursement of corrective action costs has been denied, either in part or in full, may seek arbitration in accordance with the Kansas uniform arbitration act, excluding K.S.A. 5-409  and K.S.A. 5-411  through K.S.A. 5-418  and amendments thereto. The arbitrator and the parties shall use their best efforts to hold the arbitration hearing within 30 days after the commencement of the arbitration. At the next board meeting following the receipt of the arbitrator's award, the arbitrator's award shall be adopted, modified, or rejected by the board, and a final order shall be issued by the board.
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-6 - Eligible corrective action costs

Current through Register Vol. 43, No. 28, July 11, 2024
An eligible person may be reimbursed by the board for any of
				the following corrective action costs if the board deems the cost necessary and
				reasonable:
(a) Costs for equipment
			 owned by the eligible person and used during a corrective action for
			 excavating, trucking, land spreading and other similar activities, if all of
			 the following apply:
(1) The equipment is
			 reasonably sized and designed to perform the corrective action;
(2) the hours or units of equipment use are
			 reasonable and necessary for the task performed; and
(3) the equipment costs do not exceed
			 reasonable rental costs for equivalent equipment, including any operator
			 costs;
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-8 - Payment of corrective action costs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The eligible person may be reimbursed by the board for the reasonable and necessary costs associated with the corrective action incurred by the eligible person if the board determines the following conditions are met:
(1) The eligible person has submitted all the necessary information to ascertain that the costs have been incurred by the eligible person.
(2) The corrective action was taken in accordance with an order or approved by the Kansas department of health and environment.
(3) There are no pending or final administrative, civil, or criminal court cases involving the applicant or the applicant's representative or agent and the contaminated site.
Kansas Administrative Regulations › Agency 125 - KANSAS AGRICULTURAL REMEDIATION BOARD › Article 1 - KANSAS AGRICULTURE REMEDIATION REIMBURSEMENT PROGRAM › Section 125-1-9 - Conflict of interest

Current through Register Vol. 43, No. 28, July 11, 2024
Each member of the board who meets any of the following conditions shall refrain from voting on any application relating to that condition and shall make that condition known to the rest of the board:
(a) The board member is an officer or employee of an eligible person whose application is before the board.
(b) The board member has a direct financial or employment interest relating to the application before the board.
(c) The board member has a substantial interest in the eligible person whose application is before the board.
Kansas Administrative Regulations › Agency 126 - UNMARKED BURIAL SITES PRESERVATION BOARD › Article 1 - UNMARKED BURIAL SITES › Section 126-1-1 - Unmarked burial site registry

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Registry" means the unmarked burial site registry established by the board pursuant to K.S.A. 75-2745, and amendments thereto.
(b) The types of evidence submitted to the board for its consideration in determining whether or not to list a site on the registry may include any of the following:
(1) The absence of obvious grave markers;
(2) documentation, oral or written, which may include any of the following:
(A) A statement from any landowner of record of the site;
(B) a statement from any potential descendant; or
(C) a statement from any member of an American Indian tribe potentially having a continuing cultural affiliation with the decedent; or
(3) physical evidence at the site.
Kansas Administrative Regulations › Agency 126 - UNMARKED BURIAL SITES PRESERVATION BOARD › Article 1 - UNMARKED BURIAL SITES › Section 126-1-2 - Permits for excavation, study, display, and reinterment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as provided in subsection (b), a permit shall be required for each of the following actions:
(1) The excavation of any unmarked burial site, registered or unregistered;
(2) the study of human skeletal remains from any unmarked burial site, including any goods interred with those remains;
(3) the reinterment of human skeletal remains from any unmarked burial site, including any goods originally excavated with those remains; and
(4) the public display of human skeletal remains from any unmarked burial site, including any goods excavated with those remains.
Kansas Administrative Regulations › Agency 127 - KANSAS HOUSING RESOURCES CORPORATION › Article 1 - DWELLINGS CONSTRUCTED WITH PUBLIC FINANCIAL ASSISTANCE; ACCESSIBILITY STANDARDS › Section 127-1-1 - Request for waiver from accessibility standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Director" means the director of the division of housing in the Kansas development finance authority or a designee.
(b)
(1) Each application for a waiver of an accessibility requirement established by K.S.A. 58-1402, and amendments thereto, shall be submitted to the director in writing. The application shall identify the following:
(A) The specific accessibility standard or standards for which the applicant is requesting a waiver;
(B) the street address of the dwelling for which the wavier is requested, as well as the city and county in which the dwelling is located;
(C) the public financial assistance program used to assist in financing the construction of the dwelling; and
(D) the reasons for the requested waiver.
Kansas Administrative Regulations › Agency 127 - KANSAS HOUSING RESOURCES CORPORATION › Article 2 - KANSAS MANUFACTURED HOUSING INSTALLATION › Section 127-2-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in K.S.A. 58-4219 (a and amendments thereto, the
				following phrases shal have the meanings specified in this regulation:
(a) "Installation of heating and air conditioning sys tems"
				shall mean the installation of the heating system the air conditioning unit,
				and the electrical branch circui for that air conditioning unit.
(b) The phrase "the hookup of electric, gas and water
				utilities" shall mean the following:
(1) The installation of the electrical service line from the
				main service-disconnecting means to the manufac tured home;
(2) the installation of a service line from the natura gas
				meter or the propane fuel tank to the manufactured home; and
(3) the installation of service lines from the water meter to
				the manufactured home and from the sewer riser to the manufactured home.
Kansas Administrative Regulations › Agency 127 - KANSAS HOUSING RESOURCES CORPORATION › Article 2 - KANSAS MANUFACTURED HOUSING INSTALLATION › Section 127-2-2 - Installation standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as specified in this regulation, each of the terms
				defined in K.S.A. 58-4202, and amendments thereto, shall have the meaning
				specified in that statute.
(b) The definition of "manufactured home" in   24 C.F.R. 3280.2,
				as promulgated by the U.S. department of housing and urban development and in
				effect on February 8, 2008, is hereby adopted by reference.
(c) The following federal regulations promulgated by the U.S.
				department of housing and urban development, as in effect on November 10, 2014,
				are hereby adopted by reference:
(1) The following provisions of  24 C.F.R. Part 3280:
(A) In 3280.302, the definitions of "anchor assembly,"
				"anchoring equipment," "anchoring system," "diagonal tie," "foundation system,"
				"ground anchor," "stabilizing devices," and "support system"; and
(B) 3280.306(b)(2)(iii) and (iv); and