reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-132 - Entry of adjustments of good time awards in relevant departmental database or databases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unless the
			 inmate or offender files an appeal according to K.A.R. 44-6-131, the decision
			 by the hearing officer either to uphold the proposed action or to modify the
			 action to remove a greater or smaller amount of previously awarded good time
			 credit shall be implemented by entering the adjusted good time award for the
			 review or award periods affected in each relevant departmental database no
			 earlier than four working days after the inmate or offender receives a copy of
			 the decision.
(b) If an appeal is
			 filed, any action to enter the adjusted good time award shall be suspended
			 during the appeal. If the hearing officer's decision is either upheld or
			 modified to order that a smaller amount of awarded good time credit be removed,
			 the unit team manager or parole supervisor shall then make the necessary
			 entries in the relevant departmental database or databases to cause a change in
			 the release or sentence discharge date, or both.
(c) If an appeal is sustained, the good time
			 awards in question shall remain unchanged. The release or sentence discharge
			 date, or both, shall also remain unchanged.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-134 - Jail credit time

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Jail credit
			 shall not be used in the sentence computation unless an authorization appears
			 in the journal entry of judgment form. If only the number of days of jail
			 credit earned is contained in the journal entry, the records officer shall
			 compute the sentence begins date by subtracting jail credit from the date of
			 sentencing. The amount of jail credit shall not adjust the sentence begins date
			 so that it falls before the date of commission of the offense.
(b) Jail credit shall be awarded for time
			 spent in custody by an offender pending disposition of charges on the earlier
			 sentence if consecutive sentences are imposed on different dates. The credits
			 on the earlier sentence shall be computed so that the credits do not overlap
			 into the latest imposed sentence. The credits for time spent previously in
			 custody pending disposition of charges shall be recorded as jail credit, but
			 the credit shall not exceed an amount equal to the previous minimum sentence
			 less the maximum number of good time credits that could have been earned on the
			 minimum sentence. The remainder of credits shall be recorded as sentence
			 maximum credits to apply to the maximum date. If prior penal credit was
			 included as jail credit by the court, the credit shall be shown as jail credit.
(c) Jail credit shall be awarded
			 for time spent in custody by an offender pending disposition of charges on an
			 earlier sentence if consecutive guidelines sentences are imposed on different
			 dates. The credits on an earlier sentence shall be computed so that the credits
			 do not overlap into any sentence imposed after the earlier sentence was
			 imposed.
(d) Jail credit shall be
			 awarded for time spent in custody by an offender pending disposition of charges
			 if consecutive guidelines sentences are imposed on the same date. However, the
			 credits shall be computed so that they do not overlap from one sentence into
			 any other sentence.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-135 - Prior penal credit

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Prior penal
			 credit shall be computed and applied by department of corrections' personnel.
(b) To compute prior penal credit
			 for court releases, the effective date of the sentence shall be subtracted from
			 the date of the final disposition of the court by release on probation, appeal
			 bond, or vacating of the sentence. Pre-sentence evaluation time spent at the
			 Topeka correctional facility or any other facility designated by the secretary
			 of corrections shall not be considered as prior penal credit, but shall be
			 considered jail credit.
(c) To
			 compute prior penal credit for an aggregate sentence, the sentence begins date
			 of the earlier, controlling minimum sentence date shall be subtracted from the
			 release date and applied as follows:
(1) The
			 actual time incarcerated, not exceeding an amount equal to the previous minimum
			 sentence less the maximum amount of good time credit that could have been
			 earned under the law in effect at the time, shall be the prior penal credit
			 available.
(2) The prior penal
			 credit for a mandatory minimum sentence imposed prior to July 1, 1982 shall be
			 restricted to a total credit equal to the actual time served prior to July 1,
			 1982, and the remaining minimum time to serve less all good time credits which
			 could have been earned after July 1, 1982.
(3) The prior penal credit for a life
			 sentence shall not exceed 15 years or the aggregated 15 years. The remainder of
			 the credit shall be credited as maximum sentence credit.
(4) Accelerated parole eligibility dates
			 under K.S.A. 1988 Supp.
			 22-3725 shall be credited to May
			 19, 1988 if the accelerated date was prior to the effective parole eligibility
			 date under that statute.
(5)
			 Accelerated parole eligibility dates under K.S.A. 1989 Supp.
			 22-3725 shall be credited to
			 August 1, 1989 if the accelerated parole eligibility date was prior to the
			 effective date of that statute.
(6) Parole eligibilities between July 1974
			 and January 1979, which were established at the discretion of the secretary of
			 corrections upon attainment of the lowest minimum custody status, shall be
			 credited with the actual time served from the sentence begins date of the
			 earlier controlling minimum sentence. This credit shall not exceed the maximum
			 amount of good time credits provided by K.A.R. 44-6-116 that could have been
			 earned on the minimum sentence.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-135a - Maximum sentence credit

Current through Register Vol. 43, No. 28, July 11, 2024
Maximum sentence credit shall be the remaining amount of time
				incarcerated which exceeded the prior penal credit or jail credit on an earlier
				sentence. For consecutive sentences aggregated to previously imposed
				consecutive sentences, the latest sentence shall be credited with the remaining
				amount of time incarcerated for the latest release which exceeded the prior
				penal credit plus all the prior penal credit earned on the earlier consecutive
				sentences. The maximum sentence date shall be adjusted by that amount.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-136 - Delinquent time lost on postincarceration supervision (DTLOPIS)

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Delinquent
			 time lost on postincarceration supervision shall be computed from the date on
			 which the secretary's parole violation warrant, the conditional release
			 violation warrant, or parole officer's arrest and detain order was issued to
			 the date of the service of the warrant as shown on the warrant, or as reflected
			 on the transportation memo issued pursuant to applicable internal management
			 policy and procedure. This information shall be entered by the arresting
			 officer on the back of the signed warrant or shall be reflected on the
			 transportation memo. If the warrant is issued after confinement, no DTLOPIS
			 shall be accrued. DTLOPIS shall be added to the controlling maximum date, and
			 the conditional release date shall be adjusted by that same amount.
(b) Except as specified in subsection (c),
			 delinquent time lost on postincarceration supervision shall accumulate only
			 during the period of time in which the offender is classified as an absconder.
			 Once the initial warrant has been served, delinquent time shall stop
			 accumulating and time after service of the warrant shall not be considered when
			 the sentences are adjusted for delinquent time lost on postincarceration
			 supervision. Credit shall be allowed for any time spent in jail awaiting
			 disposition on revocation hearings.
(c) If the offender is arrested in another
			 state for reasons other than the Kansas parole violation warrant, delinquent
			 time lost on postincarceration supervision shall continue to the date the
			 offender is first available to be returned to Kansas.
(d) Delinquent time may be assessed and
			 applied to the offender's sentence computation by the secretary, in accordance
			 with this regulation, whether the offender's postincarceration supervision
			 status is revoked or continued by the Kansas parole board.
(e) The arresting officer shall endorse, on
			 the back of the condition violation warrant or the arrest and detain order, the
			 date or dates of service, arrest, and incarceration. For offenders apprehended
			 in another state, this endorsement shall not be required, and the
			 transportation memo shall instead reflect the date when the offender is first
			 made available for return to Kansas.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-136a - Forfeited good time on postincarceration supervision release

Current through Register Vol. 43, No. 28, July 11, 2024
Forfeited good time on postincarceration supervision release
				shall be computed from the date of release on supervision to the date on which
				delinquent time on postincarceration supervision release began or to admission
				to a Kansas department of corrections facility if DTLOPIS does not apply. Good
				time forfeited on or after August 1, 1989 shall be at the rate in effect on
				that date. Good time forfeited before August 1, 1989 shall be at the rate in
				effect at the time of the forfeiture.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-137 - Time lost on escape

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Time lost on escape shall be calculated
			 by subtracting the date of escape from the date of apprehension on the Kansas
			 charge regardless of whether the inmate is in or out of the state. The result
			 of this computation shall be added to the minimum date, the parole eligibility
			 date, maximum date, conditional release date, or guidelines release date, as
			 applicable.
(2) If the time of
			 apprehension in the other state is not able to be determined, the date of
			 delivery into Kansas custody shall be used. A good faith effort shall be made
			 to determine the time of apprehension.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-140 - Controlling minimum date; for concurrent composite sentences merge and select longest incarceration; controlling guidelines release date

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For new
			 admissions with concurrent sentences, the minimum term of each sentence shall
			 be added to its sentence begins date. The sentence with the minimum term
			 requiring the longest time to be served to parole eligibility shall be the
			 sentence controlling the minimum date. Therefore, parole eligibility for each
			 sentence shall be computed before selecting the controlling minimum sentence.
(b) Concurrent minimums applied
			 only to sentences not parole-eligible yet. The controlling minimum date for
			 inmates readmitted with new concurrent sentences shall be computed only for
			 sentences on which parole eligibility has not yet been achieved.
(c) Technical parole violations. The
			 controlling minimum date of technical parole or conditional release violators
			 shall not change from the original computation on which parole eligibility was
			 originally achieved.
(d) For new
			 admissions with multiple concurrent guidelines sentences, the prison portion of
			 each sentence shall be added to its sentence begins date. The sentence with the
			 term requiring the longest time to be served in prison shall be the sentence
			 controlling the guidelines release date.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-140a - Controlling minimum date, for consecutive composite sentence add terms; controlling guidelines release date

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To obtain
			 the controlling minimum date for consecutive sentences, the minimum terms of
			 those sentences that are consecutive shall be added, and the resulting sum of
			 years shall be added to the sentence begins date. This date shall determine the
			 controlling minimum date for the consecutive sentences but shall not be used to
			 determine parole eligibility. Parole eligibility shall be separately computed
			 according to K.A.R. 44-6-111.
(b)
			 To obtain the controlling guidelines release date for consecutive guidelines
			 sentences, all prison portions of the terms shall be added, and the resulting
			 sum of months shall be added to the sentence begins date.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-141 - Controlling maximum date; controlling guidelines sentence discharge date

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Latest
			 conditional release sentence controls. The sentence with the longest period of
			 incarceration shall be designated as the sentence controlling the maximum date.
			 The maximum term of the sentence controlling the conditional release date shall
			 be added to the sentence begins date to establish the controlling maximum date.
(b) New concurrent longest
			 incarceration controls. For parole and conditional release violators admitted
			 with new sentences that are to be concurrent to the old sentences, the
			 conditional release date of each new sentence shall be calculated. The
			 conditional release date or dates of the old sentence shall be reviewed to
			 assure that all good time forfeitures have been applied. The sentence that
			 requires the longest period of incarceration to reach conditional release shall
			 be designated as the sentence controlling the maximum term and maximum date.
			 That term shall be added to the sentence begins date to establish the
			 controlling maximum date.
(c)
			 Consecutives. Inmates admitted with consecutive sentences shall have the
			 maximum terms of those sentences added together to determine the controlling
			 maximum sentence. If sentences imposed on different dates are to be served
			 consecutively, the inmate shall receive credit for all time served on the
			 previous sentence when the controlling maximum sentence is computed.
(d) Concurrent consecutive composites. If an
			 inmate is admitted with a composite sentence that includes both concurrent and
			 consecutive sentences, the conditional release date for the consecutive
			 sentence maximum term, as determined in subsection (c), shall be compared to
			 the conditional release date of any remaining concurrent sentences. The length
			 of the sentence or sentences requiring the longest period of incarceration to
			 reach conditional release shall be designated as the term controlling the
			 maximum date. The length of this term shall be added to the sentence begins
			 date to determine the controlling maximum date.
(e) Violator returned past conditional
			 release from concurrent sentences without new sentence. If a conditional
			 release violator is returned without new sentences and the conditional release
			 date has been reached on all other sentences, the maximum term of each active
			 sentence shall be added to each of the sentence begins dates. The sentence
			 requiring the longest period of incarceration to reach the maximum date shall
			 be identified as the controlling maximum date, and its length of sentence shall
			 be the controlling maximum term.
(f) Controlling guidelines sentence discharge
			 date. For each offender with multiple guidelines sentences, the controlling
			 guidelines sentence discharge date shall be calculated by using the principles
			 set forth in subsections (a) through (e) above.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-143 - Computation of consecutive sentences

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On and after
			 May 7, 1987, if an individual is sentenced for an offense committed while on
			 probation, parole, conditional release, or postrelease supervision for a
			 felony, and the probation, parole, conditional release, or postrelease
			 supervision is subsequently revoked, the sentences shall be computed as
			 consecutive.
(b) If a previously
			 imposed sentence expires before the imposition of the new sentence, computation
			 shall be made only on the basis of the new sentence.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-144 - Minimum sentence expended at parole eligibility-sentence computation

Current through Register Vol. 43, No. 28, July 11, 2024
Once the inmate has become eligible for parole, or has been
				given a parole hearing by the Kansas adult authority, no other parole
				eligibility shall be established. However, if subsequent sentences are to be
				served consecutively to the earlier ones, the computation of the new parole
				eligibility shall utilize the minimum term of the earlier sentence as part of
				the complete computation. The earlier minimum sentence shall not be considered
				as eliminate by parole and may be used when required as an element in the
				computation of a subsequent or composite sentence.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-145 - Incentive good time credits

Current through Register Vol. 43, No. 28, July 11, 2024
Incentive good time credits which were authorized and applied
				under previous policies and regulations shall continue to be credited to the
				inmate's sentence and applied to the record.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 7 - PROGRAMS AND ACTIVITIES › Section 44-7-108 - Private non-prison employment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 principal administrator of any facility designated by the secretary for such a
			 program shall establish a program whereby inmates having a minimum or medium
			 security classification may work at paid employment for a private industry or
			 other business approved by the secretary. The program shall be referred to as
			 private, non-prison employment. The program shall be distinct from any program
			 of employment of inmates by a private business which is leasing space on the
			 premises of the correctional facility. No inmate shall be engaged in the
			 private, non-prison employment program unless minimum wage is paid. Minimum
			 wage shall be state minimum wage unless federal contracts are involved. If
			 federal contracts are involved, minimum wage shall be the higher of the federal
			 or state minimum wage.
(b) All
			 employees of a private, non-prison program business shall be part of and paid
			 by that business. Corrections officers necessary to provide security for inmate
			 workers shall be provided by the correctional facility.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 7 - PROGRAMS AND ACTIVITIES › Section 44-7-113 - Religious activity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Clergy
			 members from recognized religious faiths may hold religious services in the
			 facilities, at their own expense and at the times authorized by and in
			 accordance with the warden's general orders.
(b) A group of two or more inmates of a
			 common religious faith who are without the benefit of a clergy member may
			 request that the chaplain recommend to the warden for consideration for
			 approval a proposal allowing these inmates to meet as a group and hold
			 religious services among themselves.
(c) Upon the request of any inmate, a bible
			 or any other related religious text material that has been previously donated
			 to the secretary shall be made available by the warden of the facility to the
			 inmate. The term "bible" shall mean the main religious text of the inmate's
			 religion. Other related religious text materials may be limited in numbers and
			 amounts according to established correctional practice and management,
			 including the amount of space per inmate in each cell. A religious reading
			 section shall be established by the warden in the inmate library. A donated
			 main text of religious doctrine for each religion may be made available by the
			 warden in the inmate library.
(d)
			 All religious services and meetings shall be conducted in accordance with the
			 orders of the warden.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-101 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Community
			 facilities and services administrator" means the person employed by the
			 secretary of corrections with the responsibility for the statewide
			 administration of the work release program and jail inspection.
(b) "Employer" means those persons,
			 businesses, private interests, or corporations acting as agents of the
			 secretary of corrections by providing paid employment to work release
			 participants.
(c) "Facility" means
			 the physical structure or location which houses work release participants and
			 provides the operational base for a localized work release program.
(d) "Participant" means inmates in the
			 custody of the secretary of corrections who are classified as being in work
			 release status and placed in a work release program.
(e) "Supervisor" means the person in the
			 employ of, or under contract with the secretary of corrections who is directly
			 responsible for the operation of a facility which provides for, or includes a
			 work release program.
(f) "Staff"
			 means those persons either directly employed by the secretary of corrections,
			 or those persons employed by an agent, who has a contract with the secretary of
			 corrections, who are authorized to directly supervise and exercise legal
			 authority over work release participants placed under their control.
(g) "Work release program" or "program" means
			 the rehabilitation program concept and structure established by the secretary
			 of corrections. The program permits participants to leave actual confinement to
			 work in the community under the general supervision of staff and in conformity
			 to the specifications contained in a written contract, remaining in extended
			 limits of confinement as designated by secretary of corrections or designee.
(h) "Parent institution" means the
			 last major institution to which an inmate was assigned prior to transfer to the
			 Kansas reception and diagnostic center, Kansas correctional-vocational training
			 center, honor camp or work release facility.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-102 - Work release participation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Regulations
			 on work release may be explained and interpreted in secretary of corrections'
			 internal management policies and procedures (IMPP) and the inmate shall refer
			 to them before reliance upon any specific provision of these work release
			 regulations.
(b) Each participant
			 in the work release program shall:
(1)
			 Actively seek and maintain full time gainful employment;
(2) participate in any counseling, education,
			 or other self-help programs and activities recommended in the inmate's program
			 plan by the secretary of corrections, the Kansas adult authority, or the
			 facility staff;
(3) comply with
			 all program regulations and general orders of the facility to which the inmate
			 is assigned; and
(4) remain within
			 the limits of confinement.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-103 - Extended limits of confinement

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Participant's place of confinement shall be designated to be that facility to
			 which he or she is assigned for work release participation. He or she shall
			 remain in that facility at all times except when going to, returning from, or
			 engaging in approved:
(1) Interviews with
			 prospective employers.
(2) Paid
			 employment or employment related training activities.
(3) Point-to-point passes or furloughs.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-104 - Work release plan agreements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A written
			 agreement shall be executed between the secretary of corrections or designee
			 and the participant which
(1) Prescribes the
			 standards for the participant conduct.
(2) Describes the extended limits of
			 confinement.
(3) Describes who
			 will provide transportation and the mode to be utilized.
(4) Provides for the disbursement of the
			 participant's earnings.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-105 - Removal from work release status

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The work
			 release administrator may terminate or suspend an inmate's participation in the
			 work release program if the work release center supervisor finds any of the
			 following:
(1) The participant is released on
			 parole.
(2) The participant
			 exhibits a lack of interest or motivation in securing employment.
(3) The participant refuses to accept offers
			 of gainful employment.
(4) The
			 participant is terminated from employment due to his or her inability to adjust
			 or perform as required.
(5) The
			 participant is the cause of conflict with co-workers or the employer.
(6) The participant is subject to
			 disciplinary action as a result of a serious rule violation or repeated minor
			 conduct rule violations.
(7) The
			 participant becomes involved in criminal activity or is suspected of criminal
			 activity which is reported to the district or county attorney for prosecution.
(8) The administrator has cause to
			 believe the participant is not able to conform to the program structure or
			 facility rules based upon documented situations provided by the supervisor or
			 staff.
(9) The participant's
			 activities may bring discredit to the overall work release program.
(10) The participant requests, in writing,
			 his or her voluntary removal from the program.
(11) The participant violates the extended
			 limits of confinement, or leaves the facility of placement without proper
			 authorization.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-106 - Authorized visits and use of telephone

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 facility supervisor shall provide an area separated from the dormitory or
			 living units designated for visits between participants and approved visitors.
			 The supervisor shall formulate, and upon approval by the work release
			 administrator, publish as a part of general orders, post and make available to
			 participants and visitors, rules for visiting within the facility.
(b) Each facility supervisor shall make at
			 least one (1) unmonitored coin operated telephone available in a designated
			 area for participant use. The supervisor shall formulate and, upon approval by
			 the administrator, publish as part of general orders, post and make available
			 to participants, rules for the use of telephones within the facility.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-107 - Clothing

Current through Register Vol. 43, No. 28, July 11, 2024
Participants shall not be required to wear issued clothing.
				Clothing may be issued to the inmate if needed and if available. Participants
				shall be permitted to dress in appropriate street attire.
(a) Participants may use clothing transferred
			 on the inventory maintained at the parent institution.
(b) Subject to limitations established by the
			 facility supervisor, the participant may purchase, or have delivered from his
			 or her family, clothing for personal use. All clothing purchased or delivered
			 shall be accounted for by facility staff and the participant in accordance with
			 facility rules.
(c) The facility
			 supervisor may formulate, and upon approval of the administrator, publish and
			 make available to participants a rule limiting the amount of clothing permitted
			 in the facility as determined by:
(1)
			 Available storage space.
(2)
			 Facility compliance with fire and safety requirements.
(3) Internal management consideration.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-108 - Religious services

Current through Register Vol. 43, No. 28, July 11, 2024
Participants who wish to participate in religious services or
				activities may be permitted to attend services of recognized religious
				denominations available within the community in which the facility is located.
				The facility supervisor shall permit participants to leave the facility for
				religious practices as an extention of confinement unless chaplain services are
				available on the premises.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-109 - Medical care and services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Minor and
			 emergency medical services shall be provided to participants of the work
			 release program.
(1) Each facility shall
			 maintain an adequate first aid kit for minor treatment.
(2) Key staff members shall be trained in
			 basic first aid and life saving techniques within the first year of employment.
(3) The supervisor shall
			 formulate, and upon approval by the administrator, publish and make part of
			 general orders a procedure to be followed by staff members regarding medical
			 emergencies in the facility.
(4)
			 Participants requiring hospitalization of short duration may remain in the
			 program if they are covered by adequate health care insurance or assume
			 responsibility for expenses incurred.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-115 - Private non-prison based employment as work release

Current through Register Vol. 43, No. 28, July 11, 2024
Private non-prison based employment programs which operate
				within a community setting utilizing inmates with not more than a minimum
				security classification shall be work release programs. Criteria for
				eligibility set forth in
				K.A.R.
				44-8-114 shall be applicable except that
				inmates meeting all other criteria for selection may be eligible for
				participation up to 36 months prior to their parole eligibility date.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 8 - WORK RELEASE › Section 44-8-116 - Private prison based employment as work release

Current through Register Vol. 43, No. 28, July 11, 2024
Private enterprises which operate on the grounds of a
				correctional institution and employ inmates shall be work release programs.
				Criteria for eligibility set forth in
				K.A.R.
				44-8-114 shall be applicable except that
				inmates with a custody level higher than minimum and meeting all other criteria
				may be eligible for participation without regard to their parole eligibility
				date.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-101 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Board" means
			 the prisoner review board established by
			 L.
			 2011, ch.
			 130.
(b) "Conditional release," for offenders
			 serving indeterminate sentences for offenses committed before July 1, 1993,
			 means release subject to supervision under terms and conditions determined by
			 the board after serving the maximum sentence less all projected good time
			 credits, subject to adjustment for any forfeiture of good time
			 credits.
(c) "Correctional
			 facility" means any of the facilities identified in
			 K.S.A.
			 75-5202, and amendments thereto.
(d) "Docket" means the board's prearranged
			 schedule of hearings.
(e)
			 "Executive clemency" means the power of the governor to commute or pardon a
			 criminal sentence.
(1) "Commute a criminal
			 sentence" means to reduce the penalty imposed on a convicted person.
(2) "Pardon" means to forgive completely the
			 punishment of a person convicted of a crime.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-106 - Expungement of record process explained to parolee

Current through Register Vol. 43, No. 28, July 11, 2024
All persons who have been convicted and placed on probation or
				parole, and who are otherwise eligible for expungement of conviction record,
				shall be informed of the proper procedure to be followed in obtaining
				consideration from the court for the grant of an order expunging the record.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-107 - House arrest program

Current through Register Vol. 43, No. 28, July 11, 2024
All inmates and offenders under postincarceration supervision
				placed in the house arrest program shall be subject to the sanctions and
				conditions that are prescribed by the secretary in published internal
				management policies and procedures for house arrestees, ordered by the board,
				or otherwise permitted by law.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-501 - General provisions

Current through Register Vol. 43, No. 28, July 11, 2024
Each offender who is returned on a violator warrant issued by
				the secretary shall be brought before the board as soon as practical for a
				final revocation hearing of postincarceration supervision or house arrest
				status, unless the offender is eligible for and chooses to waive the right to
				the hearing as provided in
				K.A.R.
				44-9-504. At any time before a final
				revocation hearing is held under
				K.A.R.
				44-9-502, the warrant may be withdrawn at the
				request of the secretary, and the offender may be rereleased on parole,
				conditional release, postrelease supervision, or house arrest. At that time,
				new conditions may be established, or the conditions of parole, conditional
				release, postrelease supervision, or house arrest may be modified by the
				board.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-502 - Final revocation hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) After an offender is returned to a
			 correctional facility under K.A.R. 44-9-501, the offender may request a hearing
			 before the final decision on revocation by the board. Any offender on
			 postrelease supervision or assigned to house arrest may waive the final
			 revocation hearing as provided in K.A.R. 44-9-504 . The final revocation
			 hearing shall be held without unnecessary delay and shall be conducted by the
			 board or any member of the board. After the board considers all pertinent
			 evidence, an appropriate order shall be entered by the board. If the violation
			 is established to the satisfaction of the board, the parole, conditional
			 release, postrelease supervision, or assignment to house arrest may be
			 reinstated, modified, or revoked by the board.
(b) Before the final revocation hearing, the
			 following information shall be provided to the offender by the board:
(1) Written notice of the alleged violations
			 of the conditions of release; and
(2) the evidence against the offender. If the
			 board finds that there are additional violations other than those contained in
			 the written notice, the hearing shall be continued so that a written notice of
			 the additional violations and a statement of the evidence against the offender
			 can be prepared.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-503 - Sanctions; computation of time

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Any
			 offender whose parole has been revoked may be required by the board to serve
			 all or any part of the remaining time on the sentence up to the original
			 conditional release date, plus all good time forfeited by the board.
(2) Any offender whose conditional release
			 has been revoked may be required by the board to serve all or any part of the
			 remaining time on the sentence.
(3)
			 Each offender whose postrelease supervision has been revoked for reasons other
			 than conviction of a new crime shall serve a six-month period of confinement
			 beginning on the date of the final revocation hearing or the effective date of
			 the waiver of the final revocation hearing under K.A.R. 44-9-504 . The
			 six-month period of confinement may be reduced by not more than three months
			 based on the offender's conduct, work, and program participation during this
			 incarceration period, in accordance with regulations adopted by the
			 secretary.
(4) Each parole violator
			 with a new conviction and sentence shall achieve parole eligibility for the new
			 sentence or sentences as determined by
			 K.S.A.
			 22-3717 and
			 K.S.A.
			 21-6606, and amendments thereto, and in
			 accordance with regulations adopted by the secretary.
(5) Each postrelease violator whose
			 postrelease supervision has been revoked due to conviction of a new crime shall
			 serve one of the following periods of time:
(A) If the new crime is a felony, a period of
			 confinement equal to the entire remaining balance of postrelease supervision;
			 or
(B) if the new crime is a
			 misdemeanor, a period of confinement to be determined by the board, which shall
			 not exceed the entire remaining balance of the period of postrelease
			 supervision.
(6) Each
			 inmate whose house arrest has been revoked shall serve the remaining balance of
			 that inmate's underlying prison sentence incarcerated.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-504 - Waiver of final revocation hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) For
			 purposes of this regulation, "misdemeanor" shall mean a class A, B, or C
			 misdemeanor or a criminal charge of an equivalent class under a city
			 ordinance.
(2) For purposes of this
			 regulation, "detainer" shall mean a warrant, electrical or electronic
			 transmission, or written correspondence from a law enforcement or correctional
			 agency citing a misdemeanor or felony charge or conviction in that jurisdiction
			 that results from criminal activity that occurred during the current period of
			 parole or postrelease supervision.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-111 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Active cases"
			 means those cases that have been supervised in a manner that is consistent with
			 contact standards adopted by the secretary.
(b) "Community corrections agency" means the
			 structure that exists or is proposed to exist within a planning unit and that
			 delivers the community corrections services outlined in a comprehensive
			 plan.
(c) "Community corrections
			 grant funds" means funds made available to a governing authority by the
			 department of corrections, pursuant to the Kansas community corrections act,
			 K.S.A.
			 75-5290 et seq. and amendments
			 thereto.
(d) "Comprehensive plan"
			 means the working document developed by a corrections advisory board at a
			 frequency prescribed by the secretary, setting forth the objectives and
			 services planned for a community corrections agency.
(e) "Corrections advisory board" means a
			 board appointed by a governing authority to develop and oversee a comprehensive
			 plan.
(f) "Governing authority"
			 means any county or group of cooperating counties that has established a
			 corrections advisory board for the purpose of establishing a community
			 corrections agency.
(g) "Grant
			 year" means the year covered in a community corrections agency's comprehensive
			 plan and shall be deemed to begin at the start of a state fiscal
			 year.
(h) "Line items" means
			 specific components comprising a major budget category.
(i) "Offender fees" means charges for drug
			 and alcohol testing, electronic monitoring services, supervision services,
			 housing in a residential center, and other services and assistance provided by
			 community corrections agencies.
(j)
			 "Program" means an adult intensive supervision program (AISP) or adult
			 residential program (ARES) operated by a community corrections
			 agency.
(k) "Reimbursements" means
			 income generated by community corrections agencies and fees assessed and
			 collected by community corrections agencies in prior fiscal years or in the
			 current fiscal year, for expenses incurred.
(l) "Secretary" means the secretary of
			 corrections.
(m) "Service" means a
			 community corrections activity directed by a public or private agency to
			 deliver interventions to offenders and assistance to victims, offenders, or the
			 community.
(n) "Standards" means
			 the minimum requirements of the secretary for the operation and management of
			 community corrections agencies.
(o)
			 "Unexpended funds" means state funds remaining in a program's accounts at the
			 close of a fiscal year that are not obligated for expenses incurred during that
			 fiscal year or that have not been approved for expenditure by the secretary
			 beyond the fiscal year.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-113 - Comprehensive plan; comprehensive plan review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The comprehensive plan shall be developed
			 by the community corrections agency in collaboration with the corrections
			 advisory board. The comprehensive plan shall minimally include the following:
(1) An agency profile;
(2) signatory approval of the community
			 corrections agency's director, the chairperson of the corrections advisory
			 board, and the governing authority;
(3) a list of the members of the advisory
			 board, with descriptors that demonstrate compliance with
			 K.S.A.
			 75-5297, and amendments thereto;
(4) the name, mailing address, and phone
			 number of the chairperson of the governing authority and, if any, the
			 chairperson's fax number and e-mail address;
(5) an agency summary of programmatic changes
			 and significant events;
(6) an
			 organization chart;
(7) personnel
			 data;
(8) new position
			 data;
(9) a description of
			 collaboration that occurred or will occur to identify and address the
			 community's correctional needs;
(10) a program description, including goals
			 and objectives to be achieved, data elements to be collected, and services to
			 be provided;
(11) a new service
			 description;
(12) an explanation of
			 the relationship among the governing authority, the corrections advisory board,
			 the director of the community corrections agency, and the program or programs
			 described in the comprehensive plan;
(13) a process for the advisory board to
			 monitor the progress of the program or programs described in the
			 plan;
(14) a timeline for
			 implementation of the plan; and
(15) any other relevant information requested
			 by the secretary in the comprehensive plan form.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-119 - Local programs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 comprehensive plan may provide for community corrections programs to be
			 administered by public or private agencies. A governing authority may enter
			 into a contractual or other written agreement with a private agency to operate
			 programs identified in the comprehensive plan or to provide specialized
			 services to program participants.
(b) An annual audit of all programs
			 identified in the comprehensive plan shall be conducted as prescribed by the
			 secretary. The audit may consist of a fiscal audit, standard compliance audit,
			 performance audit, data accuracy audit, or any other type of review prescribed
			 by the secretary.
(c) Each
			 community corrections agency shall submit notice of the date, time, and
			 location of each advisory board meeting to the deputy secretary of community
			 and field services at least one working day before the scheduled meeting. Each
			 community corrections agency shall submit a copy of the minutes of each
			 advisory board meeting to the secretary within 30 working days after each
			 meeting.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-120 - Cash match for other grant funds

Current through Register Vol. 43, No. 28, July 11, 2024
A governing authority, in its comprehensive plan submitted to
				the secretary, may propose to use a portion of community corrections grant
				funds as a cash match for a grant from another source and may use these funds
				in this manner only if proposed in the plan and approved by the secretary.