reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-401 - Work performance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall intentionally interfere with, delay, or disrupt work in progress, or
			 sabotage the work, machinery, systems, or products, nor shall any inmate assist
			 or participate in these actions. Violation of this subsection shall be a class
			 I offense.
(b) Each inmate shall
			 perform work assigned in the manner prescribed and according to the directives
			 of the inmate's supervisor or other authorized official. Intentional failure to
			 report to or depart from work at the prescribed time and without unnecessary
			 delay en route shall be prohibited. Violation of this subsection shall be a
			 class II offense. Alternatively, violation of this subsection may be handled
			 according to the summary disposition procedure set forth in K.A.R. 44-13-201b.
(c) No inmate shall slow the work
			 progress through carelessness or neglect. Violation of this subsection shall be
			 a class II offense. Alternatively, violation of this subsection may be handled
			 according to the summary disposition procedure set forth in K.A.R. 44-13-201b.
(d) No inmate shall be tardy for
			 work. Violation of this subsection shall be a class III offense.
(e) "Work," as used in this regulation, shall
			 include any work assignment, educational, vocational, treatment, or training
			 program to which an inmate has been assigned.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-501 - Answering calls or passes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 shall respond promptly to all calls made for the inmate and shall move from
			 place to place as required by the orders of the facility. No inmate shall
			 destroy a pass issued to that inmate. Each inmate shall present a pass to the
			 proper person at the time and place indicated on the pass.
(b) Violation of this regulation shall be a
			 class III offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-502 - Responsibility for counts

Current through Register Vol. 43, No. 28, July 11, 2024
Every inmate shall be present at the proper time and place of
				counts, in accordance with the orders of the principal administrator. Causing a
				delay that renders the count inaccurate or more difficult, or failure to be
				present during the count process shall be considered as fouling count.
				Violation of this rule shall be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-503 - Restricted area and unauthorized presence or out-of-place in assigned domicile

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Restricted
			 area. Each inmate shall be aware of all restricted areas. No inmate shall enter
			 a restricted area without a direct order by a correctional employee authorized
			 to render this order or unless expressly permitted in writing by the warden.
			 Violation of this subsection shall be a class II offense. Alternatively,
			 violation of this subsection may be handled according to the summary
			 disposition procedure set forth in K.A.R. 44-13-201b.
(b) Unauthorized presence. No inmate shall be
			 present in any area without authorization. If a pass is required, the inmate
			 shall show the pass when required to do so. Specific permission or
			 authorization, whether verbal or written, shall be required for an inmate to be
			 present at any location at any time. Violation of this subsection shall be a
			 class III offense.
(c)
			 Out-of-place in assigned domicile. An inmate shall not roam about in the
			 housing unit and shall not be any place in the housing unit without permission
			 of the unit team. This subsection shall apply to conditions where the inmate's
			 presence generally in the living unit itself is otherwise authorized. Violation
			 of this subsection shall be a class III offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-504 - Interference with cell operation and visibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall block or otherwise interfere with the operation of the cell opening and
			 closing mechanism in any way, including food passage ports or slots. No inmate
			 shall cover the inmate's cell, including food passage ports or slots, so as to
			 block visibility into the cell, except as allowed by the warden's orders.
(b) Violation of this regulation
			 shall be a class I offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-505 - Restriction

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall avoid, break, or violate the terms of a
				restriction which has been imposed upon him or her. Violation of this rule
				shall be a class II offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-505b - Medical restriction

Current through Register Vol. 43, No. 28, July 11, 2024
In order not to aggravate any injury, illness, or other medical
				condition, no inmate shall participate in any work or recreational activities,
				or partake of food items, in violation of a documented medical restriction that
				the inmate has received. Violation of this regulation shall be a class III
				offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-506 - Change of name as it appears on journal entry of sentence, convictions

Current through Register Vol. 43, No. 28, July 11, 2024
In all matters an inmate shall respond to officials when
				addressed by the name under which he was committed to the custody of the
				secretary of corrections until discharged from sentence. An inmate shall be
				referred to in all official transactions, and all correspondence to and from
				the inmate, under the name used in the journal entry of convictions and
				commitment throughout his or her period of incarceration. In the event of a
				legal name change, the records may reflect the new name as an alias and the
				inmate may use the alias name in parentheses after the conviction name. All
				directives to, references to, or orders to an inmate by his convicted name
				shall be complied with regardless of the fact that he or she may have changed
				his or her name. No charge shall be made against any inmate under this rule
				because the inmate is the addressee of any mail, phone call, document or other
				communication under the non-conviction name unless it is alleged and proven
				that the inmate was knowing and willing conspirator or instigator of such use
				of non-conviction name. Violation of this rule shall be a class II offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-601 - Mail

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions.
(1)
(A)
			 "Legal mail" means mail affecting the inmate's right of access to the courts or
			 legal counsel. This term shall be limited to letters between the inmate and any
			 lawyer, a judge, a clerk of a court, or any intern or employee of a lawyer or
			 law firm, legal clinic, or legal services organization, including legal
			 services for prisoners.
(B)
			 "Official mail" means any mail between an inmate and an official of the state
			 or federal government who has authority to control, or to obtain or conduct an
			 investigation of, the custody or conditions of confinement of the
			 inmate.
(C) "Privileged mail" means
			 any mail between the inmate and the inmate's physician, psychiatrist,
			 psychologist, or other licensed mental health therapist.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-602 - Posting notices

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate may post or distribute any written communications
				without the written approval of the warden or designee. Violation of this
				regulation shall be a class II offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-702 - Legal assistance by inmates

Current through Register Vol. 43, No. 28, July 11, 2024
In accordance with applicable rules of the facility, an inmate
				may give, but shall not charge for, assistance in legal matters to another
				inmate if the assistance is requested by the other inmate. Violation of this
				regulation shall be a class II offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-801 - Bulletin boards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall remove any item from any bulletin board. Each inmate shall be held
			 responsible for compliance with orders published by posting on the bulletin
			 boards. Bulletin boards shall be used by and shall be under the exclusive
			 control of the warden or designee.
(b) Violation of this regulation shall be a
			 class II offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-901 - Dangerous contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Dangerous
			 contraband shall be defined as any of the following:
(1) Any item, or any ingredient or part of or
			 instructions on the creation of an item, that is inherently capable of causing
			 damage or injury to persons or property, or is capable or likely to produce or
			 precipitate dangerous situations or conflict, and that is not issued by the
			 department of corrections or the facilities, sold through the canteen, or
			 specifically authorized or permitted by order of the secretary of corrections
			 or warden for use or possession in designated areas of the facility;
(2) any item that can be the basis for a
			 charge of felony for its possession under the laws of Kansas or the United
			 States; or
(3) any item that,
			 although authorized, is misused if the item in its misused form has the
			 characteristics of being able to cause damage or injury to persons or property
			 or being likely to precipitate dangerous situations or conflicts.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-902 - Contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Contraband
			 shall be defined as either of the following:
(1) Any item, or any ingredient or part of or
			 instructions for the creation of the item, that is not issued by the department
			 of corrections, sold through the facility canteen, or specifically authorized
			 or permitted by order of the secretary of corrections or warden for use or
			 possession in designated areas of the facility; or
(2) any item that, although authorized, is
			 misused in a way that causes some danger or injury to persons or property.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-903 - Tobacco contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the
			 purposes of this regulation, each of the following terms shall have the meaning
			 specified in this subsection:
(1) "Tobacco
			 products" means cigarettes, cigars, pipe tobacco, loose-leaf tobacco, chewing
			 tobacco, and smokeless tobacco. This term shall not include pharmacological
			 aids for smoking cessation approved by the food and drug administration.
(2) "Tobacco substitutes" means
			 any substance ingested by smoking, and any herbal or leaf-based replacements
			 for chewing tobacco. This term shall not include any controlled substance, as
			 defined by
			 K.S.A.
			 65-4101(e) and amendments
			 thereto.
(3) "Smoking
			 paraphernalia" means pipes, lighters, matches, altered batteries, cigarette
			 papers, rolling machines, and all other items fabricated, developed, or
			 processed for the primary purpose of facilitating the use or possession of
			 tobacco products or tobacco substitutes.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1001 - Violation of statutes, other regulations, or orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unless
			 otherwise designated in this rule book, violation of state or federal statutes
			 shall be a class I offense if the statute is a felony crime. A violation shall
			 be a class II offense if the statute designates a misdemeanor criminal offense.
(b) Unless otherwise designated in
			 this rule book, violation of any civil penalty statute or any regulation shall
			 be a class III offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1002 - Violation of published internal management policies and procedures or of published orders

Current through Register Vol. 43, No. 28, July 11, 2024
Each violation of any published internal management policies
				and procedures of the secretary of corrections or any published orders of the
				warden of the facility shall be an offense of the class stated in the internal
				management policy and procedure or in the order itself. If no class is stated,
				the violation shall be a class III offense. Each violation of any internal
				management policy and procedure shall be subject to the penalties that are
				prescribed in the internal management policy and procedure. If no penalty is
				prescribed, then the violation shall be subject to the penalties provided in
				this article of regulations.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1101 - Attempt, conspiracy, accessory, solicitation; liability for offenses of another

Current through Register Vol. 43, No. 28, July 11, 2024
Each attempt or conspiracy to violate any regulation, or acting
				as an accessory for any offense, or soliciting another or other persons to
				commit any offense, shall carry the same penalty as that for the offense
				itself. The specific regulation that is the basis of the attempt, conspiracy,
				accessory, or solicitation shall be stated and described in the disciplinary
				report.
(a) Attempt.
(1) An attempt shall mean any overt, or
			 clearly evident, act toward the perpetration of an offense by an inmate who
			 intends to commit the offense but fails in the perpetration of the offense or
			 is prevented from or intercepted in executing that offense.
(2) It shall not be a defense to a charge of
			 attempt that the circumstances under which the act was performed, the means
			 employed, or the act itself was such that the commission of the offense was not
			 possible.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1201 - Increased penalty for involving or victimizing an inmate under 18

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If any
			 inmate who is 18 years of age or older involves, induces, or solicits an inmate
			 who is less than 18 to commit an offense, or if the victim of an offense
			 committed by the older inmate is an inmate who is less than 18, the older
			 inmate may be subject to a penalty that is double the penalty established for
			 the offense under these regulations. One of the following findings shall be
			 necessary to invoke this increased penalty:
(1) The older inmate is guilty of the same
			 offense as that committed by the younger inmate.
(2) The older inmate is guilty of a violation
			 of K.A.R. 44-12-1101 with respect to that offense.
(3) The older inmate is guilty of an offense
			 involving the victimization of the younger inmate.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1202 - Conviction of four offenses in six months

Current through Register Vol. 43, No. 28, July 11, 2024
Upon conviction of the fourth offense of the same class within
				the immediate prior six month period, the hearing officer may impose a sentence
				for such fourth offense not greater than twice the maximum that can be imposed
				for an offense of that class.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1301 - Class I offenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Class I
			 offenses shall be any of the following:
(1)
			 Those violations of a very serious nature that are designated in this article
			 as class I offenses, whether or not the offense is also a violation of law;
(2) those violations of law
			 designated by the laws of the state of Kansas as felonies; or
(3) those violations of law designated by the
			 laws of the United States as felonies.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1302 - Class II offenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Class II
			 offenses shall be any of the following:
(1)
			 Those offenses of moderate seriousness that are designated in this article as
			 class II offenses, whether or not the offenses are also violations of the law;
(2) those violations of law
			 designated by the laws of the state of Kansas as misdemeanors; or
(3) those violations of law designated by the
			 laws of the United States as misdemeanors.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1303 - Class III offenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Class III
			 offenses shall be those offenses of a less serious nature that are designated
			 in this article as class III offenses, whether or not the offense is also a
			 violation of law. Each violation of any published secretary of corrections'
			 regulation or order of the warden that is not otherwise designated in these
			 regulations or warden's orders as a class I or class II offense shall be a
			 class III offense.
(b) The penalty
			 for a class III offense may be any one or any combination of the following,
			 unless prohibited in this subsection:
(1)
			 Restriction to inmate's own cell for not more than three days;
(2) restriction from privileges for not more
			 than 20 days;
(3) extra work
			 without incentive pay for not more than two hours each day for a period not to
			 exceed 10 days;
(4) work without
			 incentive pay, not to exceed five days. This penalty shall not include a fine
			 and shall apply only to ordinary inmate work assignments;
(5) a fine of not more than $10.00, unless
			 prohibited by paragraph (b)(4);
(6) restitution of at least $3.00; or
(7) an oral or written reprimand.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1306 - Use of restitution

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When
			 restitution is used in the disciplinary process, the following requirements and
			 limitations shall apply:
(1) The amount of
			 and manner of payment of restitution imposed may be appealed in the same manner
			 and to the same extent as those for any other appeal of sentence in the
			 disciplinary process.
(2) The
			 appropriateness and amount of restitution ordered shall be determined by
			 consideration of the factors set forth in K.A.R. 44-12-1307.
(3) No inmate shall be required to continue
			 payment on any restitution imposed under these regulations while released from
			 incarceration. Upon any subsequent readmission of the inmate to a facility, any
			 restitution owed may be collected. No portion of the inmate's gate money
			 gratuity as authorized by
			 K.S.A.
			 75-5211, and amendments thereto, shall be
			 used toward the payment of this restitution.
(4) Restitution shall continue to be paid out
			 of money earned by the inmate in the work release program, the private
			 nonprison employment program, or any other gainful employment industries
			 program. Restitution payment shall be limited to a reasonable amount and, if
			 appropriate, shall be made in installments.
(5) The inmate shall be given notice in the
			 disciplinary report or, if necessary, in an amended disciplinary report served
			 upon the inmate no later than 24 hours before the hearing of the amount and
			 basis for seeking restitution. The inmate shall be given an opportunity at the
			 sentencing phase of the hearing to present evidence regarding the appropriate
			 amount of restitution. The hearing officer shall limit the evidence to a
			 reasonable amount and extent that is appropriate to the nature of the
			 administrative hearing, the level of the offense, and the extent of possible
			 impact on the inmate's resources.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1307 - Fines and restitution, imposition and collection; limits

Current through Register Vol. 43, No. 28, July 11, 2024
Fines shall be fairly and appropriately used. Fines shall not
				be used in a way that disrupts family support payments, tax payments, or
				court-ordered restitution payments.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-1308 - Disciplinary segregation; limits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The maximum
			 sentence of disciplinary segregation for all violations arising out of one
			 incident shall not exceed 60 days.
(b) Continuous confinement in disciplinary
			 segregation for more than 30 days shall require the review and approval of the
			 warden.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-101 - Disciplinary procedure established, general description of system

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 disciplinary procedure in accordance with these regulations shall be
			 implemented by the warden of each facility. The term "warden," as used
			 throughout this article, shall include the warden's designee.
(b) Prosecution by criminal justice agencies
			 in the community shall be deemed a separate process from this disciplinary
			 procedure, and both prosecution and disciplinary procedures may be conducted on
			 matters relating to the same factual situations.
(c) Subject to the limitations and guidelines
			 set out in these regulations and subject to the control of the hearing officer
			 exercised within the parameters of the law and these regulations, the inmate
			 shall be entitled to the following:
(1) To
			 receive advance written notice of the charge and a fair hearing by an impartial
			 hearing officer;
(2) to be present
			 at the hearing;
(3) to present
			 documentary evidence;
(4) to
			 testify on the inmate's own behalf;
(5) to have witnesses called to testify on
			 the inmate's behalf;
(6) to
			 confront and cross-examine witnesses against the inmate; and
(7) to be furnished with staff assistance
			 according to K.A.R. 44-13-408.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-101a - Waiver of rights

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 shall be permitted to voluntarily waive the right to any time limit or process
			 afforded by the disciplinary procedure regulations in this article. The waiver
			 shall be in writing and shall state with specificity the particular time limit
			 or process being waived. The waiver shall be made in the form and manner
			 approved or prescribed by the secretary of corrections. The waiver shall be
			 signed by the inmate and the hearing officer unless the inmate is waiving the
			 right to the disciplinary hearing process by accepting a summary judgment
			 citation as defined in K.A.R. 44-13-201b.
(b) The inmate shall be informed of the
			 nature of the time limit or process being waived and of the impact and
			 consequence of the waiver.
(c)
			 Unless the inmate is waiving the right to the disciplinary hearing process by
			 accepting a summary judgment citation as defined in K.A.R. 44-13-201b, the
			 inmate shall be questioned by the hearing officer before accepting the waiver
			 to determine if it is knowingly and voluntarily made.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-103 - Prosecution by outside agency

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an
			 inmate allegedly commits an act covered by criminal law, the case shall be
			 referred to the appropriate law enforcement or prosecutorial agency for
			 consideration for prosecution unless the prosecutor provides a written
			 statement requesting that certain types or classes of crimes not be reported,
			 or requesting that no report be made.
(b) Notification for prosecution by outside
			 agency shall not preclude a disciplinary charge and proceeding by the
			 correctional facility for the rule infraction arising from the same facts. The
			 hearing officer may proceed or continue the case to await the outcome of the
			 prosecution by the law enforcement agency.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-105 - The disciplinary administrator and hearing officers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 disciplinary administrator shall be appointed by the warden of each facility to
			 manage the disciplinary process for the entire facility. Any suitable employee
			 may be designated by the warden to carry out this task on a continuing basis.
(b) One or more impartial hearing
			 officers shall be appointed by the warden to conduct disciplinary hearings at
			 each department-operated facility.
(1) The
			 minimum qualification for hearing officers shall be satisfactory completion of
			 required training.
(2) A person
			 who is the reporting officer, investigator, or a witness in a case shall not be
			 the hearing officer in that case.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-106 - Administration of oaths; designation of persons authorized

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The warden,
			 a deputy warden, the disciplinary administrator appointed pursuant to K.A.R.
			 44-13-105, and those persons serving as hearing officers at the facility
			 disciplinary hearings shall be authorized to administer oaths to witnesses in
			 those proceedings.
(b) Oaths shall
			 be administered in a form and a manner that are in accordance with
			 K.S.A.
			 54-101 et seq., and amendments thereto.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-201 - Disciplinary report and written notice

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 disciplinary proceeding shall be commenced upon the making of a charge by a
			 disciplinary report.
(1) The inmate shall be
			 notified in writing by personal service of a copy of the report upon the inmate
			 within 48 hours after the issuance of the disciplinary report, excluding
			 Saturdays, Sundays, and holidays.
(2) The report shall be served upon the
			 inmate by an officer or unit team manager. The report shall not be served upon
			 the inmate by the same person who brought the charge against the inmate.
(3) The officer serving the report
			 shall inform the inmate that the inmate may enter a plea of guilty or no
			 contest to the charge at the time of service of the report.
(A) If the officer serving the report has
			 been appointed as a hearing officer by the warden according to K.A.R.
			 44-13-105, that officer may immediately, or as soon as possible, accept the
			 inmate's plea of guilty or no contest, conduct a sentencing hearing, and impose
			 sentence by following the procedures established in K.A.R. 44-13-403.
(B) If the officer serving the
			 report has not been appointed as a hearing officer by the warden according to
			 K.A.R. 44-13-105 or wishes to refer the case to another hearing officer, then
			 the inmate desiring to plead guilty or no contest to the charge at the time of
			 service of the report shall be brought immediately, or as soon as possible,
			 before a hearing officer, who shall accept the inmate's plea of guilty or no
			 contest, conduct a sentencing hearing, and impose sentence by following the
			 procedures established in K.A.R. 44-13-403.
(4) If necessary, the hearing officer may
			 accept the inmate's plea of guilty or no contest immediately, or as soon as
			 possible, after service of the report, but may delay the sentencing hearing and
			 imposition of sentence for not more than six working days.
(5) When the unit team manager serves the
			 report, or at any time before the scheduled hearing, the unit team manager may
			 implement one of the following options:
(A)
			 Offer the inmate diversion of the charge or charges in accordance with K.A.R.
			 44-13-201a;
(B) offer the inmate
			 summary judgment in accordance with K.A.R. 44-13-201b; or
(C) inform the inmate that the inmate may
			 enter a plea of guilty or no contest to the charge at the time of service of
			 the report and, acting as a hearing officer, accept the inmate's plea of guilty
			 or no contest, conduct a sentencing hearing, and impose sentence by following
			 the procedures established in K.A.R. 44-13-403. If the inmate accepts this
			 option, the unit team manager shall forward to the disciplinary administrator
			 the guilty or no contest plea waiver form and disposition and hearing record.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-201b - Summary judgment procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In any case
			 involving one or more alleged class II or class III offenses, the reporting
			 officer may offer the inmate the option of resolving the matter through the
			 summary judgment procedure as an alternative to writing a disciplinary report
			 that leads to initiation of the formal disciplinary hearing process.
(b) Officers shall carry with them or have
			 immediate access to summary judgment citation forms.
(c) If an officer observes an inmate in the
			 act of committing one or more offenses designated as eligible for summary
			 judgment procedures that the officer believes require more than an
			 undocumented, on-the-spot verbal reprimand, the officer may file a formal
			 disciplinary report against the inmate or offer the inmate summary judgment by
			 issuing a summary judgment citation. If summary judgment is offered to the
			 inmate by the officer, the offer shall not be withdrawn without the commission
			 of additional alleged disciplinary offenses by the inmate.
(1) The summary judgment citation shall be
			 written, verified pursuant to
			 K.S.A.
			 53-601 and amendments thereto, and served on
			 the inmate by the reporting officer within 24 hours of the alleged incident, or
			 within 48 hours if directed by the shift supervisor or unit team manager under
			 paragraph (c)(3)(B), and shall include the following:
(A) The date and time of each alleged
			 offense;
(B) the date and time the
			 citation is written;
(C) the name
			 and rule number of each alleged offense;
(D) a statement of the facts of the alleged
			 incident, including names of witnesses;
(E) the date and time that the citation is
			 served on the inmate;
(F) the
			 summary judgment sanction; and
(G)
			 the signature of the inmate indicating acceptance or refusal of the summary
			 judgment.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-202 - Amendment of the charge

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If, in the
			 judgment of the disciplinary administrator, hearing officer, or warden during
			 administrative review, the charge is incorrect or a language change would
			 change the substance of the charge or adversely affect the defense, the charge
			 shall be amended and notice given to the inmate. After this notice is given,
			 the inmate shall have the same period of time between notice and hearing to
			 prepare a defense as would have been permitted when the charge was originally
			 made.
(b) The same charge shall
			 not be brought twice on the same facts under any circumstance if a factual
			 finding of guilt or innocence has been made. If a case has been dismissed
			 without a factual finding of guilt or innocence, upon administrative review
			 pursuant to K.A.R. 44-13-701 the reviewing authority may either reinstate the
			 charge or amend the charge as deemed appropriate, and remand the case for
			 hearing.
(c) After the hearing
			 officer has begun to hear evidence in the case, the hearing officer may permit
			 amendment at any time before a factual finding of guilt or innocence has been
			 made if no additional or different offense is charged and if substantial rights
			 of the defendant are not prejudiced.
(d) The hearing officer shall ask the inmate
			 which option the inmate chooses:
(1) Continue
			 the case for hearing on a different date to prepare a defense to the additional
			 or different offense resulting from amendment of the original charge or
			 charges; or
(2) waive any time
			 period allowed to prepare to defend against any additional or different offense
			 resulting from amendment of the original charge or charges and hold the hearing
			 on the charges at the time of amendment of the disciplinary charge.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-203 - State prosecution and disciplinary hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the
			 inmate has been charged, convicted, or acquitted in a criminal court of a
			 charge or for a crime arising from the same facts, the disciplinary hearing may
			 be conducted or continued at the hearing officer's discretion.
(b) Where the inmate has been convicted or
			 acquitted in criminal court for a crime arising from the same facts, the
			 hearing officer may rely on the finding made by the jury or judge in conducting
			 or dismissing the disciplinary hearing.
(c) If the disciplinary hearing is conducted
			 while the criminal court case is pending, and the court later renders a
			 decision different from the decision of the hearing officer, the decision of
			 the hearing officer shall remain unaffected unless upon motion to the hearing
			 officer there is a showing that the hearing officer's decision is based on an
			 obviously erroneous fact which affects the substantial rights of the inmate, in
			 which case the hearing officer shall correct its decision on the record. The
			 hearing officer may not change his or her decision in order to convict an
			 inmate following a conviction by the court if the hearing officer acquitted the
			 inmate before the court made its finding, or otherwise change his or her
			 decision to adversely affect the inmate.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-306 - Inmate responsibilities

Current through Register Vol. 43, No. 28, July 11, 2024
It shall be the responsibility of each inmate being served to
				read the disciplinary report and any associated documentation, or to notify the
				serving staff that the inmate is illiterate or otherwise unable to read and
				understand the documents presented and request that the notice and associated
				documents be read to the inmate. Within 48 hours of service of the report, the
				inmate shall complete and submit the authorized form for witnesses to the
				disciplinary administrator. If one or more witnesses are requested, the inmate
				shall indicate on the form the testimony expected from each witness. The inmate
				may use the form to waive the inmate's right to call witnesses. An illiterate
				inmate shall receive assistance from the inmate's unit team correctional
				counselor for the purpose of completing the witness form, including any waiver
				of the right to call witnesses.
This regulation shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-307 - Administrative review of requests for witnesses; denial of requests; issuance of summons; voluntary nature of witness appearance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 disciplinary administrator or hearing officer assigned to hear the charges
			 shall review any written requests for witnesses submitted by the accused inmate
			 according to K.A.R. 44-13-306.
(b)
			 The disciplinary administrator or hearing officer performing a review of a
			 written request for witnesses may deny the request if, in the judgment of the
			 reviewer, the testimonies proffered on the request form meet any of the
			 following criteria:
(1) Are clearly
			 irrelevant or immaterial;
(2) are
			 repetitious of other proffered testimony; or
(3) are properly excluded for reasons
			 specified in K.A.R. 44-13-405a. The truth of the proffered testimony shall be
			 presumed in making this decision.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-401 - Hearing within certain time; notice to inmate; time and place of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided in these regulations, the administrative hearing by a
			 hearing officer of the facility to determine the inmate's guilt or innocence
			 and impose a penalty in the event of a finding of guilt shall be held not less
			 than 24 hours or more than seven working days after the service of notice of
			 charge on the inmate, subject to authorized continuances.
(b) Each inmate charged with an offense shall
			 be given advance written notice of the time and place of the disciplinary
			 hearing. This notice shall be given not less than 24 hours before the hearing.
			 Notice shall be given by the disciplinary administrator or other responsible
			 person designated by the warden.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-402 - Continuing the hearing; recesses; time limits; extensions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 disciplinary administrator or hearing officer may grant one or more
			 continuances or recesses of appropriate and reasonable length upon application
			 of the inmate, reporting officer, the hearing officer, a unit team manager
			 pursuant to K.A.R. 44-13-201a, or department of corrections for cause shown.
(b) The hearing officer may also
			 continue the case for a reasonable period, as necessary, subject to the review
			 of the status of the case every 30 days, if any of the following conditions is
			 met:
(1) The inmate or the employee is unable
			 to appear for medical or psychiatric reasons as certified by the facility or
			 other licensed physician or psychiatrist.
(2) There is a delay to await determination
			 of whether the case will go to trial in a court of law or to await the outcome
			 of a trial.
(3) There is an
			 unavoidable delay to await the return of evidence from an analysis laboratory.
(4) The inmate is transferred to
			 or from a facility for diagnostic evaluation, out to court, or to a mental
			 hospital before hearing.
(5) The
			 inmate is on "escape" status. At the hearing officer's discretion, the case may
			 be dismissed or heard in absentia on the record, unless the inmate has been
			 apprehended and is available at a known location for return to department of
			 corrections custody for the hearing within six months.
(6) The case has been placed upon diversion
			 status pursuant to K.A.R. 44-13-201a.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-403 - Conducting the disciplinary hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 disciplinary hearing shall consist of the following procedures:
(1) The hearing officer shall initially
			 inform the inmate of the charges and take the inmate's plea.
(2) Secondly, the hearing officer shall
			 determine guilt or innocence.
(3)
			 Finally, if guilt has been established, the hearing officer shall make a
			 disposition, including the determination and imposition of sentence.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-404 - Presence of inmate and presence of charging officer at disciplinary hearings; officer statements in lieu of testimony

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The inmate
			 shall be present at all stages of the disciplinary hearing and disposition
			 except as otherwise provided by these regulations or by law. Subject to the
			 provisions of subsection (e), if the inmate is not present, then a staff
			 assistant shall be assigned in accordance with K.A.R. 44-13-403 and 44-13-408.
(b)
(1) In class I cases, the charging officer
			 shall be present in person or by telephone, as determined by the hearing
			 officer, for direct examination and cross-examination, unless excused by the
			 hearing officer or unless the inmate has been transferred to another facility.
			 The hearing officer may excuse the charging officer only if any of the
			 following is determined:
(A) Facility safety
			 or correctional goals would be jeopardized.
(B) The charging officer is absent from duty
			 due to activation for military service.
(C) The charging officer has been separated
			 from employment with the facility for reasons unconnected to investigation of
			 the charges or issuance of the disciplinary report.
(D) The charging officer is otherwise
			 unlikely to be available for testimony within a reasonable time period as
			 determined by the hearing officer, and a continuance pursuant to K.A.R.
			 44-13-402 either is not applicable or is not appropriate in the judgment of the
			 hearing officer.
Facility safety or correctional goals shall not include
				considerations of mere convenience. If the officer is not present, the
				officer's report and statement shall be made to the hearing officer in writing
				under oath. Copies of the report shall be provided to the inmate, and it shall
				be read aloud at the hearing unless confidentiality is required to protect an
				inmate accuser, informant, or witness. If the charging officer is excused from
				appearance, the hearing officer shall document the ground for the excuse and
				shall likewise document the facts underlying the ground relied upon in the case
				record.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-405a - Calling witnesses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In
			 determining whether to allow the inmate to call a witness from the facility
			 population or from among facility employees, the hearing officer shall balance
			 the inmate's interest in avoiding loss of good time and assessment of a fine or
			 placement in disciplinary segregation against the needs of the facility. These
			 needs of the facility shall include the following:
(1) The need to keep the hearing within
			 reasonable time limits;
(2) the
			 need to prevent the creation of a risk of retaliation and reprisal;
(3) the need to prevent the undermining of
			 authority;
(4) the need to limit,
			 to a reasonable level, access to other inmates for the purpose of collecting
			 statements or compiling documentary evidence;
(5) the need to prevent disruption;
(6) the need to administer swift
			 punishment;
(7) the need to avoid
			 irrelevant, immaterial, or unnecessary testimony and evidence;
(8) the need to reduce or prevent security
			 hazards that could be presented in individual cases;
(9) the need to use the disciplinary process
			 as a rehabilitative tool to modify inmate behavior;
(10) the need to prevent the creation of
			 undue risk to personal or facility safety;
(11) the need to reduce the chances of
			 seriously inflaming tension, frustration, resentment, and antagonism in the
			 relationship between inmates and facility personnel;
(12) the need to correct the behavior of
			 inmates and develop in them a value system in order to foster their eventual
			 return to the community; and
(13)
			 the need for the prompt, efficient, and effective resolution of the
			 disciplinary case with accurate and complete fact-finding consistent with the
			 level of process required by law for facility disciplinary cases.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-406 - Disposition

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 disposition shall be rendered by the hearing officer in an official session
			 with the inmate present unless otherwise provided by law or regulation. The
			 disposition shall be made without unreasonable delay following the hearing,
			 preferably at the conclusion of the hearing.
(b) The disciplinary hearing officer shall
			 sentence the inmate by selecting an appropriate disposition, or appropriate
			 combination of dispositions, from the following options:
(1) Impose a penalty or penalties in
			 accordance with the applicable penalty regulation for that class of offense;
(2) In the instance of two or more
			 offenses, including imposition of previously suspended sentences, in which the
			 penalty has a time component, order whether the sentences are to be served
			 concurrently or consecutively. If the hearing officer makes no specific order
			 in this regard, the sentences shall be computed on a concurrent basis;
(3) impose previously suspended
			 sentences; or
(4) suspend all or
			 part of the sentence imposed for a period of not less than 90 and not more than
			 180 days.