Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-201a - Diversion procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In any case
			 involving one or more alleged class I or class II offenses, the charged
			 inmate's unit team manager may initiate, or a member of the inmate's unit team
			 in the inmate's assigned housing unit may request, consideration of diversion
			 of the pending charges from prosecution, in connection with the formation and
			 implementation of an intervention plan intended to address each behavioral
			 issue presented in the incident in question. If a request is made by a unit
			 team member other than the unit team manager, the request shall be submitted in
			 writing and addressed to the unit team manager, who may decline further action
			 or who may proceed further with the request. The unit team manager's decision
			 about the request shall be final and shall not be subject to hearing or appeal
			 under these regulations or to review pursuant to the inmate grievance procedure
			 or any other administrative remedial procedure.
(b) The unit team manager may formulate the
			 intervention plan or may assign the diversion request to the inmate's assigned
			 correctional counselor for review and recommendation as to the nature and
			 components of the intervention plan. The unit team manager shall apply for a
			 continuance of the case pursuant to K.A.R. 44-13-402 if necessary in order to
			 complete consideration and formulation of the intervention plan.
(c) Upon formulation of the intervention
			 plan, the unit team manager shall confer with the reporting officer or
			 supervisor and the inmate. If both parties consent to the diversion, the unit
			 team manager shall present to the inmate for the inmate's execution a written
			 request for continuance of the disciplinary case for the length of time
			 required to carry out the plan, which shall not exceed 180 days, and shall also
			 present the written intervention plan to the inmate and the reporting officer
			 or supervisor. This plan shall be in the form of an agreement to be signed by
			 both parties and the unit team manager. If either party fails to consent, then
			 the case shall proceed for prosecution. If a continuance has been secured by
			 the unit team manager, then the unit team manager shall notify the disciplinary
			 administrator in writing of the failure to agree to diversion.
(d) As a condition of the agreement specified
			 in subsection (c), the inmate shall waive any right or claim to have the
			 disciplinary case heard and determined within ordinary time limits. The inmate
			 shall also agree and acknowledge that the determination as to whether the
			 inmate has successfully completed the plan is that of the unit team manager,
			 whose decision in that regard shall not be subject to hearing or appeal under
			 these regulations or to review under the inmate grievance procedure or any
			 other administrative remedial procedure.
(e) The request for continuance specified in
			 subsection (c) shall then be forwarded to the facility disciplinary
			 administrator, who shall proceed to grant the continuance, duly note the length
			 of the continuance specified in the request on the case continuance log, and
			 further note the diversion of prosecution of the charge or charges under the
			 assigned case number.
(f) If the
			 inmate fails to successfully complete the intervention plan or receives another
			 disciplinary report for any class of offense during the term of the plan, the
			 diversion of the charge or charges from prosecution shall immediately
			 terminate. Upon receipt of written notification of the termination from the
			 inmate's unit team manager, the disciplinary administrator shall proceed to
			 docket the case for hearing, notify the parties, and process the case according
			 to the ordinary procedures set forth in these regulations.
(g) If the inmate successfully completes the
			 intervention plan, the reporting officer or supervisor or, in that person's
			 absence, the unit team manager shall submit a written request for dismissal of
			 the case to the disciplinary administrator, who shall cause the case to be
			 shown as dismissed in the records of the administrator's office. The existence
			 of the case and its charge or charges shall not be part of the inmate's master
			 file or any other file subject to review by the Kansas parole board or to
			 disclosure to the public.