reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 2 - FACILITIES MANAGEMENT › Section 123-2-110 - Regulations, internal management policies and procedures, and facility orders; publication and availability to offenders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Facility orders
			 may be issued by each superintendent, subject to the provisions of law,
			 regulations, and internal management policies and procedures, as the
			 superintendent deems necessary for the governance of the facility and the
			 enforcement of order and discipline in the facility.
(b) All regulations, internal management
			 policies and procedures, and facility orders for the governance of a facility
			 and the enforcement of discipline in the facility to which the offenders are
			 required to adhere, except for those regulations, IMPPs, and facility orders
			 relating to emergency or security procedures, shall be published and made
			 available to all offenders at the facility.
(c) Each facility order issued by the
			 superintendent shall be effective when published and shall remain in effect
			 until rescinded or amended by the superintendent or until disapproved by the
			 commissioner.
(d) Each facility
			 order shall be published either by posting the order on a bulletin board
			 designated for that purpose at the facility or by delivering a copy of the
			 order to the person governed by the order, or both.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 2 - FACILITIES MANAGEMENT › Section 123-2-111 - Trafficking in contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No
			 person shall engage in any of the following without the prior consent of the
			 superintendent:
(1) Introducing or attempting
			 to introduce any item into or upon the grounds of a juvenile correctional
			 facility or institution;
(2)
			 taking, sending, or attempting to take or send any item from any juvenile
			 correctional facility or institution;
(3) possessing any item while in any juvenile
			 correctional facility or institution; or
(4) distributing any item within a juvenile
			 correctional facility or institution.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 5 - OFFENDER MANAGEMENT › Section 123-5-101 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The following definitions shall be applicable to the
				regulations in this article.
(a)
			 "Alias name" means any name by which the offender in a juvenile offender case
			 is known or identified other than the offender's official name. The offender's
			 alias name could be the offender's legal name.
(b) "Official name" means the name used to
			 identify the offender in the particular case in which the offender is
			 adjudicated as a juvenile offender and committed to the custody of the
			 commissioner. The official name is not necessarily the offender's legal name.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 5 - OFFENDER MANAGEMENT › Section 123-5-106 - Use of force or restraint on offenders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All juvenile
			 correctional officers and other agency employees authorized to perform law
			 enforcement duties in the discharge of their duties when preventing escapes,
			 apprehending escapees, and maintaining security, control, and discipline in the
			 correctional situation shall adhere to the following:
(1)K.S.A. 21-3215, and amendments thereto,
			 regarding use of force by a law enforcement officer in making an arrest; and
(2) the applicable internal
			 management policies and procedures.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 5 - OFFENDER MANAGEMENT › Section 123-5-111 - Disposition of contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Contraband
			 shall be divided into three categories as follows:
(1) Items that are contraband because mere
			 possession is illegal in the state of Kansas or the United States;
(2) items, including money, that are
			 designated as contraband in correctional institutions by the laws of the state
			 of Kansas, by the regulations of the commissioner, or by facility orders; and
(3) items that are neither illegal
			 in themselves nor defined as contraband in a correctional institution under all
			 circumstances, but have become contraband because of either of the following:
(A) The items are misused or accumulated in
			 excessive quantities.
(B) The
			 items are an element of or instrument in an illegal or otherwise unauthorized
			 or prohibited act.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 5 - OFFENDER MANAGEMENT › Section 123-5-112 - Clinical services; offender treatment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Medical
			 services for offenders, both on an outpatient and on an inpatient basis, shall
			 be arranged for by the superintendent or designee in cooperation with the
			 superintendent's medical and correctional staff. Plans and arrangements shall
			 be made by the superintendent or designee for an offender to be taken, when
			 necessary, to a medical facility outside the facility. These plans and
			 arrangements shall meet the requirements of and shall be consistent with the
			 applicable internal management policies and procedures.
(b) Procedures for offenders to report a
			 personal injury or medical problem shall be established and governed by
			 facility orders. Each offender shall be informed regarding these procedures.
(c) Adequate and necessary basic
			 medical care shall be made available to each offender. A system for routine
			 offender medical care during normal working hours and for emergency medical
			 care during evenings, weekends, and holidays shall be established by the
			 superintendent, by facility order. This system shall meet the requirements of
			 and shall be consistent with the applicable internal management policies and
			 procedures.
(d) The medical
			 personnel shall be certified, licensed, or registered according to applicable
			 Kansas law.
(e) The medical
			 personnel shall advise the superintendent or designee on the dietary
			 requirements for offenders and shall consult with the food service staff to
			 meet any necessary dietary requirements. A diet from which reasonable selection
			 can be made and that is sufficient for an offender's dietary requirements may
			 be used in lieu of special menus. Other dietary needs, if verified by medical
			 personnel as being necessary and basic for adequate health care, shall be met.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 123-6-101 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For purposes of sentence computation, terms used in this
				article dealing with good time credits shall be defined as follows:
(a) "Allocation of good time credits" means
			 the breakdown of the total number of established good time credits into groups
			 of whole credits that are available to the offender in separate time periods.
(b) "Application of good time
			 credits" means the entry of credits or forfeitures into the official record of
			 the offender and the consequent adjustment of the conditional release date.
(c) "Award of good time credits"
			 means the act by the program team and the superintendent or designee of
			 granting all or part of the allocation of credits available for the time period
			 under review, if the offender has acted in a way that merits a reduction of the
			 term of actual confinement by those credits.
(d) "Establishment of good time credits"
			 means the creation of the pool of credits that decreases part of the term of
			 actual confinement for good work and behavior over a period of time. Good time
			 credits shall not forgive or eliminate the sentence but shall function only to
			 allow the offender to earn the privilege of being released from confinement
			 earlier than the full matrix sentence, subject to the conditions specified and
			 imposed pursuant to applicable law.
(e) "Forfeiture of good time credits" means
			 the removal of the credits and consequent reinstatement of a term of actual
			 confinement by a disciplinary hearing officer pursuant to articles 12 and 13 of
			 these regulations.
(f)
			 "Withholding of good time credits" means the act by the program team and the
			 superintendent or designee of not awarding all or part of the allocation of
			 credits available for the time period under review, if the offender has not
			 acted in a way that merits a reduction of the term of actual confinement by
			 those credits.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 123-6-102 - Application of good time credits

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the
			 purposes of awarding and applying good time credits, all calculations shall be
			 based upon a year, which shall be considered a 360-day period with each month
			 consisting of 30 days.
(b) Good
			 time credits may be awarded only for time served on a sentence on and after the
			 sentence begins date. Good time credits shall not be awarded or withheld if a
			 sentence is not being served due to an escape.
(c) For crimes committed before July 1, 1999,
			 an offender shall not earn good time credits.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 123-6-103 - Awarding and withholding good time credits for confined offenders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At each
			 offender's initial program plan meeting, 100% of the good time credits
			 available from the sentence begins date to the date of the initial good time
			 award shall be awarded, unless there is written documentation of misbehavior
			 and maladjustment before the date of the initial award, which may result in
			 withholding up to 100% of the good time credits available for that period.
(b) Following the initial award,
			 good time credits may be awarded at each program review from credits available
			 since the previous program review. A program review shall occur every week.
(c) The following factors shall be
			 considered in determining whether or not an offender is awarded good time
			 credits:
(1) The offender's participation and
			 performance in an education program;
(2) the offender's performance in work
			 participation;
(3) the offender's
			 participation and performance in a treatment program;
(4) the offender's participation and
			 performance in a vocational program;
(5) the offender's disciplinary record; and
(6) any other factors related to
			 the offender's general adjustment, performance, behavior, attitude, and overall
			 demonstration of the offender's willingness to examine and confront the past
			 behavior patterns that resulted in the commission of the offender's offense.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 123-6-104 - 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, whether the offender is in or out of the state. The result of this
			 computation shall be added to the minimum date, maximum date, or conditional
			 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 123 - JUVENILE JUSTICE AUTHORITY › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 123-6-105 - Good time credit rate for offenses committed before July 1, 2014

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The portion of an
			 offender's sentence to a juvenile correctional facility, for crimes committed
			 on and after December 1, 2006 but before July 1, 2014 may be reduced by no more
			 than 30% through awarded and retained good time credits.
(b) Good time credits shall not reduce an
			 offender's sentence to less than the minimum term authorized under the specific
			 category of the matrix sentence.
(c) The Kansas juvenile justice authority's
			 "good time credit rate charts," dated August 3, 2006 and hereby adopted by
			 reference, shall establish the minimum number of days to serve, the number of
			 good time days available, and the rate of earning good time credit per day as
			 calculated by dividing the number of good time days available by the minimum
			 number of days required to be served.
(d) If the sum of all good time credits
			 earned results in a fraction of a day, that fraction shall be rounded up to the
			 next whole number.
(e)
			 Intrafacility transfers and interfacility transfers shall not affect good time
			 credits awarded.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 123-6-105a - Good time credit rate for offenses committed on and after July 1, 2014

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The portion of an
			 offender's sentence to a juvenile correctional facility, for crimes committed
			 on and after July 1, 2014, may be reduced by no more than 30% through awarded
			 and retained good time credits.
(b)
			 The Kansas department of corrections' "good time credit rate charts," dated May
			 29, 2014 and hereby adopted by reference, shall establish the minimum number of
			 days to serve, the number of good time days available, and the rate of earning
			 good time credit per day as calculated by dividing the number of good time days
			 available by the minimum number of days required to be served.
(c) If the sum of all good time credits
			 earned results in a fraction of a day, that fraction shall be rounded up to the
			 next whole number.
(d)
			 Intrafacility transfers and interfacility transfers shall not affect good time
			 credits awarded.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 123-6-106 - Sentences to the age of 22 1/2

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For each
			 offender sentenced to confinement until reaching the age of 22 1/2, the
			 offender's sentence shall be calculated as a number of months by determining
			 the number of months on and after the sentencing date through the date on which
			 the offender reaches the age of 22 1/2.
(b) If the calculation to determine the
			 number of months contained in a sentence to the age of 22 1/2 results in a
			 partial month, the Kansas juvenile justice authority's "adjustment chart for
			 sentences to the age of 22 1/2," dated August 3, 2006, and hereby adopted by
			 reference, shall establish the necessary adjustment to the minimum number of
			 days to serve and the number of good time days available.
(c) Once the sentence to the age of 22 1/2
			 has been calculated and expressed as a number of months, the sentence begins
			 date and all other sentence computations shall be calculated in accordance with
			 article 6 of these regulations.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-101 - Offender clothing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall turn in all personal clothing upon admission to a facility. Each offender
			 shall wear only the clothing furnished by the state. However, an exception due
			 to an offender's medical condition may be authorized by the superintendent or
			 designee if the necessity for an exception is attested to or validated by the
			 facility's medical staff or another medical authority approved by the
			 commissioner. All clothing authorized as an exception shall conform in design,
			 construction, and appearance to that clothing provided by the state to the
			 extent that is reasonably practical.
Offender Conduct and Penalties
(b) Except for authorized exceptions, an
			 offender shall not wear or have possession of any clothing other than the
			 required and issued items.
(c)
			 Each offender shall follow the facility's orders regarding the clothing care
			 and handling procedures.
(d) No
			 offender's clothing shall be given special treatment in the laundry, clothing
			 distribution room, or at any other point in the process of issuing, turning in,
			 and exchanging clothing. Each exchange of clothing shall be made according to
			 the facility's established schedules and procedures. Each offender shall keep
			 that offender's clothing as neat and clean as the conditions permit.
(e) Each violation of this regulation shall
			 be a class III offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-102 - Personal cleanliness

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall shower or bathe at least three times each week and shall brush the
			 offender's teeth at least once each day.
(b) Each violation of this regulation shall
			 be a class III offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-103 - Tattoos, body markings, and body piercing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall place, alter, or remove any tattoo or other body marking on the
			 offender's own body or on the body of another offender. The removal or
			 alteration of any tattoo or body marking shall be performed only by a medically
			 qualified official after written approval has been given by the superintendent.
(b) No offender shall pierce the
			 offender's own body or any body part or that of any other offender.
(c) Each violation of this regulation shall
			 be a class II offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-104 - Care of living quarters

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall keep the offender's living quarters in a neat, clean, and sanitary
			 condition. Clothing shall be neatly hung or stored in designated places. Beds
			 shall be made at all times when not in use. Linens shall be exchanged in
			 accordance with the facility's established procedures. Wash basins and toilet
			 bowls shall be kept clean at all times.
(b) Except as permitted by an internal
			 management policy and procedure or facility order, the following requirements
			 shall apply:
(1) No offender shall alter,
			 paint, or otherwise modify the offender's assigned living quarters.
(2) No offender shall alter, paint, or
			 otherwise modify the furniture and equipment located in the offender's living
			 quarters or use the furniture and equipment for other than their intended
			 purpose.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-105 - Unsafe or unsanitary practices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall throw trash, rubbish, or debris of any kind upon the floors, sidewalks,
			 or grounds of any facility. All trash, rubbish, and debris of any kind shall be
			 placed in the containers provided for that purpose.
(b) No offender shall spit or otherwise
			 deposit any other bodily fluids or bodily waste upon the floors, walls, and
			 ceilings of any facility building or upon sidewalks and grounds at a facility.
			 No offender shall collect, smear, or throw bodily fluids or wastes.
(c) Each violation of the requirements
			 specified in subsection (a) of this regulation shall be a class III offense.
			 Alternatively, any violation of subsection (a) of this regulation may be
			 handled according to the summary disposition procedure specified in K.A.R.
			 123-13-201b.
(d) Each violation of
			 the requirements specified in subsection (b) of this regulation shall be a
			 class II offense. However, if the bodily fluids or wastes are smeared on or
			 thrown at any person, the violation shall be a class I offense. It shall not be
			 a defense that the effort to smear or throw the bodily fluids or wastes on or
			 at another person was unsuccessful.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-106 - Hair standards and appearance

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each offender shall keep the offender's
			 hair neat and clean and shall follow reasonable health and safety standards.
			 Except as specified in paragraph (a)(2), each haircut, which shall include the
			 length of sideburns, shall be in conformance with the applicable facility
			 orders. No offender shall have a beard, moustache, or other form or style of
			 facial hair.
(2) Upon a showing of
			 medical necessity certified by a physician or dentist and with the written
			 approval of the superintendent or designee, the limitations regarding haircuts
			 or facial hair, or both, may be exempted to the limited extent necessitated by
			 the medical condition. The necessity for continuing the exemption shall be
			 reviewed at least every two weeks, except that a condition that has been
			 certified by a physician as being congenital and not likely to change in the
			 foreseeable future shall be reviewed every six months.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-107 - Use of safety devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall use the safety devices provided, in accordance with the applicable
			 facility orders.
(b) Each
			 violation of this regulation shall be a class III offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-201 - Registration and use of personal property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall ensure that each item of personal property in the offender's possession
			 is properly registered as required by the applicable internal management policy
			 and procedure and facility order. Upon the demand of any staff member, each
			 offender shall without delay produce any personal property registered in the
			 offender's name or issued to the offender, unless the property being demanded
			 has previously been reported lost, using the proper procedure.
(b) No offender shall possess any item of
			 personal property unless the item is properly registered.
(c) Each violation of this regulation shall
			 be a class II offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-202 - Electronic personal entertainment devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall possess, play, or use any electronic personal entertainment device except
			 as permitted by internal management policies and procedures and facility
			 orders.
(b) Any offender may
			 possess and either play or use a personal radio, a television, or electronic
			 sound equipment only in accordance with applicable facility orders. The size,
			 type, and capacity of the device shall be limited by internal management
			 policies and procedures.
(c) Each
			 violation of this regulation shall be a class III offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-203 - Theft

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Theft shall
			 include any of the following acts done with the intent to deprive the owner
			 permanently of the possession, use, or benefit of the owner's property or
			 services:
(1) Obtaining or exerting
			 unauthorized control over property or services;
(2) obtaining control over property or
			 services by deception;
(3)
			 obtaining control over property or services by threat; or
(4) obtaining control over stolen property or
			 services and knowing the property or services to have been stolen by another.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-204 - Taking without permission

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender,
			 regardless of the offender's intent, shall take any article or property of any
			 kind from any other person or any place without the permission of a person who
			 is authorized to give such permission. No offender shall obtain articles or
			 property of any kind from any other person or any place by fraud or dishonesty.
(b) Each violation of this
			 regulation shall be a class II offense. Alternatively, any violation of this
			 regulation may be handled according to the summary disposition procedure
			 specified in K.A.R. 123-13-201b.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-205 - Unauthorized dealing and trading

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall trade, borrow, loan, give, receive, sell, or buy goods, services, or any
			 item with economic or other intrinsic value with, to, or from another person
			 without the written permission of the superintendent or designee.
(b) Each violation of this regulation shall
			 be a class II offense. Alternatively, any violation of this regulation may be
			 handled according to the summary disposition procedure specified in K.A.R.
			 123-13-201b.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-206 - Debt adjustment and debt collection prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each of the
			 following acts between and among offenders shall be prohibited:
(1) Debt adjustment; and
(2) debt collection.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-207 - Gambling and bookmaking

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall make any bet, operate or bank any gambling pool or game, accept or place
			 any bet of another individual, or engage in any form of gambling.
(b) No offender shall possess, transfer,
			 sell, distribute, or obtain dice or any other form or type of gambling
			 paraphernalia.
(c) No offender
			 shall receive, possess, distribute, sell, or transfer lottery tickets.
(d) Each violation of this
			 regulation shall be a class II offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-208 - Misuse of state property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall destroy, damage, deface, alter, misuse, or fail to return when due any
			 article of state property, including clothing and shoes.
(b) Each violation of this regulation shall
			 be a class II offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-209 - Entering into contracts; incurring financial obligations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall enter into any contract or incur any financial obligation, including
			 placing orders by mail, without the prior, written approval of the
			 superintendent or designee.
(b)
			 Each violation of this regulation shall be a class III offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-210 - Accounts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall establish, operate, negotiate, or otherwise hold or use any checking or
			 savings account other than the offender's trust fund while confined in a
			 juvenile correctional facility without the prior, written approval of the
			 superintendent.
(b) Each violation
			 of this regulation shall be a class II offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-301 - Fighting; violence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each of the
			 following acts shall be prohibited, unless the act is done in self-defense:
(1) Fighting;
(2) any act other than fighting that
			 constitutes violence; and
(3) any
			 act that is likely to lead to violence.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-302 - Noise

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall utter or otherwise make any inappropriate booing, whistling, shouting,
			 hissing, or catcalls, or any other loud and disturbing noises.
(b) Each violation of this regulation shall
			 be a class III offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-303 - Lying

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall lie, misrepresent the facts, mislead, or otherwise give false or
			 misleading information to an officer, employee, or any other person who is
			 assigned to supervise the offender or who has a right to obtain information
			 from the offender.
(b) No offender
			 shall make any false or misleading allegations against any agency employee,
			 other offender, or any other person.
(c) Each violation of this regulation shall
			 be a class II offense. Alternatively, any violation of this regulation may be
			 handled according to the summary disposition procedure specified in K.A.R.
			 123-13-201b.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-304 - Disobeying orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall promptly and respectfully obey any order, directive, or instruction given
			 to the offender by any employee of the agency or by an employee of any other
			 agency or entity in charge of the offender. In case of conflicting orders, the
			 last order given shall be obeyed.
(b) If an order, directive, or instruction is
			 alleged to have been disobeyed, the specific circumstances surrounding the
			 alleged disobedience shall be included in the following:
(1) The disciplinary report in which the
			 charge is brought or made;
(2) the
			 investigative report; and
(3) if
			 used in lieu of testimony, the written statement of the officer who gave the
			 order, directive, or instruction.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-305 - Insubordination or disrespect to employees and volunteers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall be attentive to and respectful towards all employees, including each
			 contractor's employees, and toward all volunteers. Each direct or indirect
			 display of disrespect or argumentation shall be considered insubordination. A
			 brief, initial exchange or discussion between an offender and the other person
			 to clarify an order or other instruction shall be permitted if the exchange or
			 discussion is not conducted in an argumentative or disruptive manner.
(b) Each violation of this
			 regulation shall be a class II offense. Alternatively, any violation of this
			 regulation may be handled according to the summary disposition procedure
			 specified in K.A.R. 123-13-201b.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-306 - Threatening or intimidating any person

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall directly or indirectly threaten or intimidate any other person, whether
			 the threat or intimidation is immediate or conditional.
(b) A civilized statement by the offender
			 that the offender may properly use the legal process to enforce rights or
			 redress wrongs, including by the use of the offenders' grievance procedure,
			 shall not be considered a violation of this regulation.
(c) Each violation of this regulation shall
			 be a class I offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-307 - Avoiding an officer, supervisor, or other employee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall run from, deliberately evade, or otherwise purposefully avoid any
			 officer, supervisor, or other employee when required, ordered, or requested to
			 be present to talk with, be accounted for, be searched, or be questioned by the
			 officer, supervisor, or other employee.
(b) Each violation of this regulation shall
			 be a class I offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-308 - Improper use of food

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall take or accept more food or beverage than the offender will consume. No
			 offender shall waste or deliberately destroy food or beverage. No offender
			 shall carry or otherwise remove any food or beverage from the dining area or
			 kitchen except as allowed by facility orders.
(b) Each violation of this regulation shall
			 be a class III offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-309 - Kitchen utensils and shop tools

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall remove or have possession of any eating or cooking utensil or shop tool
			 without proper authorization.
(b)
(1) Except as specified in paragraph (2) of
			 this subsection, each violation of this regulation shall be a class II offense.
			 Alternatively, any violation of this regulation as a class II offense may be
			 handled according to the summary disposition procedure specified in K.A.R.
			 123-13-201b.
(2) The offender's
			 unauthorized possession or removal of any kitchen utensil or shop tool that is
			 deemed dangerous contraband shall be a class I offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-310 - Misconduct in the dining room

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall enter and leave the dining room in accordance with the established
			 procedure at each institution and shall act in an orderly manner while in the
			 dining room.
(b) Each violation of
			 this regulation shall be a class II offense. Alternatively, any violation of
			 this regulation may be handled according to the summary disposition procedure
			 specified in K.A.R. 123-13-201b.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-311 - Drunkenness, intoxication, or altered consciousness

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall be drunk, intoxicated, or in a chemically induced state of altered
			 consciousness at any time. An exception to this prohibition shall be any
			 instance of an altered state of consciousness induced by prescribed medications
			 taken in accordance with instructions from and while under the care of
			 qualified medical personnel.
(b)
			 Each violation of this regulation shall be a class I offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-312 - Stimulants, sedatives, drugs, or narcotics; misusing or hoarding authorized or prescribed medication

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall ingest, inhale, inject, or introduce by any other means any kind of
			 substance into the offender's body or the body of another offender that is
			 capable of producing intoxication, hallucination, stimulation, depression,
			 dizziness, or any other alteration of the offender's state of consciousness or
			 feeling, except for the following:
(1)
			 Approved foods and beverages. Alcohol in any form shall not be deemed an
			 approved food or beverage unless the alcohol is a medicinal ingredient in an
			 authorized or prescribed medication; and
(2) any legal drugs, including medication
			 properly and legally prescribed or authorized for the offender by an authorized
			 licensed physician.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-313 - Sexually explicit materials

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall have in possession or under control any sexually explicit materials,
			 including drawings, paintings, writing, pictures, items, and devices.
(b) Material shall be considered
			 sexually explicit if the purpose of the material is sexual arousal or
			 gratification and the material meets either of the following conditions:
(1) Contains nudity, which shall be defined
			 as the depiction or display of any state of undress in which the human
			 genitals, pubic region, buttock, or female breast at a point below the top of
			 the areola is less than completely and opaquely covered; or
(2) contains any display, actual or
			 simulated, or description of any of the following:
(A) Sexual intercourse or sodomy, including
			 genital-genital, oral-genital, and anal-oral contact, whether between persons
			 of the same or differing gender;
(B) masturbation;
(C) bestiality; or
(D) sadomasochistic abuse.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-314 - Sexual intercourse; sodomy

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall commit or induce any other person to commit an act of sexual intercourse
			 or sodomy, even with the consent of the other person. Participation in such an
			 act shall be prohibited.
(b) No
			 offender shall perform any of the following:
(1) Force or intimidate another person to
			 engage in sexual intercourse or sodomy;
(2) solicit or arrange for the application of
			 force or intimidation by another person in order to engage in sexual
			 intercourse or sodomy with another person; or
(3) participate in any scheme or arrangement
			 to force or intimidate another person to engage in sexual intercourse or
			 sodomy.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-315 - Lewd acts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall engage in a lewd or lascivious manner in any acts of kissing, fondling,
			 touching, or embracing, whether the acts are with a person of the same or
			 opposite sex and whether or not the acts are with the consent of the other
			 person.
(b) No offender shall
			 intentionally expose a sex organ with the knowledge or reasonable anticipation
			 that the offender will be viewed by others and with the intent to arouse or
			 gratify the sexual desires of the offender or another individual.
(c) The first and second violations of this
			 regulation shall be class II offenses. The third violation and each subsequent
			 violation of this regulation shall be a class I offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-317 - Falsifying documents

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall falsify any document.
(b)
			 Each violation of this regulation shall be a class II offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-318 - Disruptive behavior

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall start, solicit, encourage, perform, participate in, or help others to
			 perform or participate in any disruptive behavior.
(b) Each violation of this regulation shall
			 be a class II offense. Alternatively, any violation of this regulation may be
			 handled according to the summary disposition procedure specified in K.A.R.
			 123-13-201b.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-319 - Riot or incitement to riot

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall riot or incite others to riot.
(1)
			 "Riot" shall be defined as either of the following:
(A) Any use of force or violence by three or
			 more persons acting together and without the authority of law that produces a
			 breach of the peace on the premises of any juvenile correctional facility,
			 whether within or without the security perimeter itself; or
(B) any threat to use the force or violence
			 described in paragraph (1)(A) of this subsection against any person or
			 property, if accompanied by the power or apparent power of immediate execution.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-321 - Conduct regarding visitors and the public

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall treat all visitors and other members of the public in a respectful and
			 helpful manner. Each offender shall comply with the applicable regulations,
			 internal management policies and procedures, and facility orders regarding
			 contact with visitors and the public and shall maintain a dignified and
			 respectful demeanor while in the presence of these individuals.
(b) Each violation of this regulation shall
			 be a class II offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-322 - Arson

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall commit arson.
(b) "Arson"
			 shall be defined as the act of knowingly damaging any property by means of fire
			 or explosive.
(c) Each violation
			 of this regulation shall be a class I offense.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-323 - Assault

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall commit assault.
(b)
			 "Assault" shall be defined as an intentional threat to do bodily harm to
			 another, coupled with the apparent or recognizable ability to carry out the
			 threat and resulting in the other person's immediate apprehension or fear of
			 bodily harm. No bodily contact shall be necessary to complete an assault
			 violation.
(c)
(1) Except as specified in paragraph (c)(2),
			 each violation of this regulation shall be a class II offense.
(2) Each violation of this regulation shall
			 be a class I offense if the victim is an agency employee, an employee of one of
			 the agency's contractors, or a volunteer.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-324 - Battery

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall commit battery.
(b)
			 "Battery" shall be defined as either of the following:
(1) The unlawful or unauthorized, intentional
			 touching or application of force to the person of another when done in a rude,
			 insolent, or angry manner; or
(2)
			 intentionally or recklessly causing bodily harm to another person.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-325 - Offender activity; limitations

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) "Proselytizing" shall be defined as an
			 active effort to persuade any person to convert to a religious faith or belief
			 without the person's prior consent. However, nothing in this regulation shall
			 prohibit a one-to-one conversation about religious matters between two
			 individuals freely participating in the conversation.
(2) No proselytizing shall be allowed in any
			 institution.
(3) Each violation of
			 this subsection shall be a class III offense.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-327 - Interference with restraints

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall interfere with or assist or encourage other offenders to interfere in any
			 way with handcuffs or any other restraints that have been, or are being,
			 applied to an offender by an officer or any other employee.
(b) No offender shall remove or attempt to
			 remove handcuffs or other restraints applied to the offender or another
			 offender without the express approval of an officer or other employee
			 authorized to give this approval.
(c) Each violation of this regulation shall
			 be a class I offense.
This regulation shall be effective on and after April 8, 2005.