reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-121 - Fiscal management; required reporting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each governing authority shall designate
			 one person to be responsible for all fiscal matters related to the community
			 corrections grant funds received. This person shall comply with generally
			 accepted accounting principles governing the management of county funds and
			 shall provide information to the corrections advisory board and the secretary
			 on a quarterly basis unless the secretary determines the existence of
			 circumstances that warrant a change in frequency of reporting.
(b) Each county receiving grant funds shall
			 submit, by either original or electronic copy to the secretary, all portions of
			 its annual financial audit pertaining to community corrections grant funds,
			 including the report's cover letter and any exceptions applicable to community
			 corrections grant funds, in the manner provided by
			 K.S.A.
			 75-1124, and amendments thereto, within 60
			 calendar days after receipt by the county.
(c) All reimbursements maintained from
			 current and prior fiscal years, collected, and expended by a community
			 corrections agency shall be included in the fiscal workbook and the quarterly
			 reconciliation budget report and certification documents.
(d) Within 60 calendar days after the end of
			 each state fiscal year, each community corrections agency shall submit, by
			 either original or electronic copy to the secretary, a plan approved by the
			 corrections advisory board and governing authority for the use of the
			 reimbursements.
(e)
(1) If a community corrections agency
			 complies with the requirements in subsections (c) and (d) , the agency shall
			 retain its reimbursements and use them in accordance with its approved
			 plan.
(2) If a community
			 corrections agency chooses not to comply with the requirements in subsections
			 (c) and (d), all current reimbursements and those carried over from previous
			 years may be deducted by the secretary from the agency's current or future
			 allocations. These deductions shall be placed by the secretary in a special
			 fund designated for community corrections.
(3) Agencies, except those that chose not to
			 comply with the requirements in subsections (c) and (d) during the state fiscal
			 year in question, may apply for these special funds to maintain or enhance
			 current funded services or add new services, or support or enhance agency
			 operations, or any combination of these uses.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-123 - Changes in the comprehensive plan, budget, and agency outcomes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a community
			 corrections agency wishes to change or deviate from the comprehensive plan or
			 agency outcomes, the agency may do so if approval of the corrections advisory
			 board or governing authority is first obtained. Documentation of approval shall
			 be reflected in the board meeting minutes.
(b) Quarterly grant or carryover
			 reimbursement budget adjustments totaling $5,000 or one percent of the current
			 grant year award, whichever is higher, shall require signatory approval of the
			 corrections advisory board and the governing authority. The community
			 corrections agency shall submit, by either original or electronic copy to the
			 secretary, documentation of signatory approval along with a description of and
			 justification for the proposed transfer.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-127 - Prohibition of use of community corrections grant funds; maintenance and documentation of funds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 governing authority shall not use community corrections grant funds to replace
			 available public or private funding of existing programs.
(b) A governing authority may request
			 community corrections grant funds to continue an existing program that would
			 otherwise cease due to the exhaustion of public or private funds that had been
			 specifically allocated to the program as start-up monies with a predetermined
			 termination date.
(c) A governing
			 authority may request community corrections grant funds to supplement existing
			 public or private funding of an existing program if these community corrections
			 grant funds would enhance services.
(d) Community corrections grant funds for
			 adult services shall be maintained in a separate county general ledger
			 account.
(e) Community corrections
			 grant funds shall not be expended for services, supplies, equipment, or the
			 payment of rent beyond the grant year in which the services, supplies,
			 equipment, or payments are received or due. Only expenditures incurred within
			 the grant year shall be charged to the community corrections grant.
(f) All community corrections expenditures
			 shall have supporting documentation.
(g) Community corrections grant funds shall
			 not be used to fund depreciation.
(h) Community corrections grant funds shall
			 be expended and obligated for operation and management of programs for adult
			 offenders only. Nothing in this regulation shall prohibit the use of state
			 community corrections grant funds to purchase equipment, supplies, and services
			 shared by programs for adult and juvenile offenders if the use by the adult
			 program is proportionate to the monetary contribution of that
			 program.
(i) Community corrections
			 grant funds shall not be expended and obligated for association memberships for
			 individuals. Community corrections grant funds may be expended and obligated by
			 community corrections agencies for staff uniforms or clothing and for
			 association memberships for the agency if specifically authorized by the
			 agency's policies and procedures. Nothing in this regulation shall prohibit
			 housing, transportation, clothing, and billing assistance to indigent
			 offenders, or the acquisition of necessary safety equipment for staff,
			 including bulletproof vests and latex gloves.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-129 - Unexpended funds

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Unexpended funds may be transferred by the secretary to another county or
			 counties. Any county may make application to the secretary for the unexpended
			 funds. The county shall provide the secretary with a statement of why the funds
			 are necessary, documentation of need, a budget summary and narrative describing
			 the proposed services, and, if the funds are for a new program, a listing of
			 measurable goals and objectives. The county shall be notified by the secretary
			 of approval or disapproval of the application within 60 calendar days after the
			 application due date.
(b) Any
			 community corrections agency may use approved unexpended funds to maintain or
			 enhance current funded services or to support or enhance agency operations, or
			 any combination of these uses as specified in the application.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-130 - Use of grant funds for real estate acquisition and capital construction; use of grant funds for the purchase of property and supplies

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Real estate
			 acquisition and capital construction.
(1)
			 Grant funds may be used for the purchase of real estate, land, or buildings, or
			 for capital construction with the approval of the secretary of corrections.
			 This approval may be granted only upon receipt and concurrence by the secretary
			 of an amortization schedule covering the costs of purchase or construction, or
			 both. The amortization schedule shall be such that the annual payments shall
			 not exceed the cost of rent or lease payments for comparable space in the same
			 market. Notification of completion of the acquisition or capital construction
			 shall be filed by the program director in writing with the secretary. The prior
			 approval of the secretary shall be required to cease use of the property for
			 community corrections purposes. If the property ceases to be used for community
			 corrections purposes during the period of amortization, the secretary shall
			 have the option of either of the following:
(A) Requiring the county to refund the total
			 amount of community corrections funds expended for purchase or construction, or
			 both, to date including previous years; or
(B) assuming any remaining indebtedness and
			 acquiring title to the property.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-131 - Use of grant funds for remodeling or renovation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Grant funds
			 may be used to remodel or renovate space for community corrections use. Any
			 remodeling or renovation with an aggregate cost of $5,000 or more shall require
			 the prior approval of the secretary. This space may be rented, leased, or owned
			 by the county. Plans detailing the nature and cost of the renovation or
			 remodeling shall be provided to the secretary at the time funds are requested
			 for that purpose. Notification of completion of the renovation or remodeling
			 shall be filed by the program director in writing with the secretary within 30
			 calendar days of completion of the work. Within 30 calendar days, completion of
			 the work shall be verified by the secretary.
(b) If the renovated or remodeled property
			 ceases to be used for community corrections purposes for reasons other than
			 fire, flood, or other such occurrences that render the property unusable or
			 continued use financially impractical, within five years of the date on which
			 the secretary verified completion of the work, the county or counties shall
			 immediately notify the secretary of the same and shall refund the amount
			 expended for remodeling or renovation, or both.
(c) Leases that include renovation or
			 remodeling costs shall clearly delineate those costs from basic space costs. A
			 copy of the lease shall be provided to the secretary upon execution. Community
			 corrections agencies shall be required to amortize over the period of the
			 lease, not to exceed five years, the value of remodeling and renovations. The
			 amortized value shall be noted in the agency's property inventory.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-132 - Use of grant funds to contract for services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Grant funds may be used to contract for
			 services or to provide services directly.
(b) Each community corrections agency shall
			 make all contracts between the agency and other entities and individuals
			 available to the secretary for review.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-133 - Use of grant funds to purchase jail space

Current through Register Vol. 43, No. 28, July 11, 2024
Grant funds may be used to purchase jail space for purposes of
				operating a work release program. Grant funds shall not be used to purchase
				jail space as part of a sentence or to detain an offender pending revocation
				proceedings. Each community corrections program shall provide a copy of each
				contract between the program and any detention facility to the secretary at the
				time of execution. The contract shall specify the purposes for which the
				purchased jail space will be used and shall acknowledge the restrictions of use
				imposed by this regulation.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-134 - Urinalysis tests for controlled substances

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Community
			 corrections programs operating urinalysis testing equipment may seek exemption
			 from department of health and environment requirements by making application
			 for exemption to the secretary of corrections. Programs shall be required to
			 document all testing procedures, the training of the personnel collecting the
			 test samples, the training of the personnel operating the equipment, and a
			 summary of their record keeping procedures. If the documentation review is
			 found to be satisfactory, a designee of the secretary may personally inspect
			 the testing site. If approval for exemption is granted, it shall be limited to
			 approval for the test results to be used for management purposes only.
			 Management decisions which can appropriately be based on these test results
			 include:
(1) Changes in levels of
			 supervision;
(2) movement from
			 intensive supervised probation to house arrest or residential services;
(3) imposition of community
			 service sanctions; and
(4)
			 requirement to participate in treatment.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 11 - COMMUNITY CORRECTIONS › Section 44-11-135 - Use of grant funds for copyrights and patents; research projects

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An item that
			 is developed, designed, or otherwise created with community corrections funds
			 and that is copyrighted, patented, or placed under similar restrictions shall
			 be made available to state agencies and other community corrections programs.
			 The holder of the copyright, patent, or other restriction may recover justified
			 expenses but shall not profit from the sale of these items to state agencies
			 and other community corrections programs.
(b) Research conducted by a community
			 corrections agency or with use of community corrections resources, including
			 staff, funds, and services, shall become part of the public domain.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-101 - Inmate clothing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Turn-in and
			 issuance. Inmates shall turn in all personal clothing upon admission to a
			 facility. Clothing furnished by the state facility shall be worn by all inmates
			 unless exception is granted by the principal administrator with the approval of
			 the secretary of corrections. Inmates shall not wear or have in their
			 possession any other clothing, or clothing in excess of the authorized issue,
			 unless specifically authorized by principal administrator's orders.
(b) Principal administrator's orders. Inmates
			 shall follow the principal administrator's orders in regard to the clothing,
			 care, and handling procedure.
(c)
			 No inmate clothing will be given special treatment at the laundry, clothing
			 distribution room, or elsewhere. Exchange of clothing shall be made according
			 to established schedules and procedures. Inmates shall keep their clothing as
			 neat and clean as conditions permit. Violation of this rule shall be a class
			 III offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-102 - Personal cleanliness

Current through Register Vol. 43, No. 28, July 11, 2024
Inmates shall shower or bathe a minimum of once a week. Inmates
				shall brush their teeth a minimum of once a day. Violation of this rule shall
				be a class III offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-103 - Tattoos, body piercing, and body markings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Inmates
			 shall not place on or remove from, or allow to be placed on or removed from
			 their body any tattoo or body marking, nor shall they place on or remove from
			 the body of another inmate any tattoo or body marking. Removal or alteration of
			 tattoos or body markings shall be performed by a medical officer after written
			 approval has been given by the warden.
(b) Inmates shall not pierce their own bodies
			 or the body of another inmate. Inmates shall not allow their bodies to be
			 pierced by another inmate. Any cosmetic piercing of an inmate's body shall be
			 performed by a physician, dentist, or other medical personnel exempted from
			 licensure requirements according to
			 K.S.A.
			 65-1941 and amendments thereto, after written
			 approval has been given by the warden. Cosmetic piercing shall be permitted
			 only upon a showing of medical necessity certified by a physician or dentist.
(c) Inmates shall not maintain an
			 existing body piercing hole or opening.
(d) Violation of this regulation shall be a
			 class II offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-104 - Care of living quarters

Current through Register Vol. 43, No. 28, July 11, 2024
Every inmate shall keep his or her 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 established facility procedures. Wash
				basins and toilet bowls shall be kept clean. No alteration, painting of, or
				addition to any assigned quarters or its equipment shall be made without
				approval according to the orders of the institution or facility. Violation of
				this rule shall be a class III offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-105 - Unsanitary practices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall throw trash of any kind upon the floors, sidewalks, or grounds of any
			 facility. All rubbish shall be placed in the containers provided for that
			 purpose. No inmate shall spit upon the floors, sidewalks, and grounds or within
			 any facility building. Violation of this subsection shall be a class III
			 offense.
(b) No inmate shall
			 collect, smear, or throw body wastes. No inmate shall urinate or defecate upon
			 the floors, sidewalks, or grounds of any facility. Violation of this subsection
			 shall be a class I offense.
(c)
			 Alternatively, violation of this regulation may be handled according to the
			 summary disposition procedure set forth in K.A.R. 44-13-201b.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-106 - Hair standards and appearance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 shall keep the inmate's hair neat and clean and follow reasonable health and
			 safety standards. When working in food services, each inmate shall wear a
			 cook's hat, or net, or both for sanitary purposes. Inmates working in food
			 services shall not have facial hair in excess of one inch in length or shall
			 wear beard nets, and shall keep this hair neat and clean.
(b) Violation of this regulation shall be a
			 class III offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-107 - Use of safety devices

Current through Register Vol. 43, No. 28, July 11, 2024
Each inmate shall use safety devices provided in accordance
				with the orders of the warden. Violation of this regulation shall be a class II
				offense. Alternatively, violation of this regulation may be handled according
				to the summary disposition procedure set forth in
				K.A.R.
				44-13-201b.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-201 - Registration and use of personal property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It shall be
			 the responsibility of each inmate to make certain that any items of personal
			 property in the inmate's possession as designated by department of corrections
			 internal management policy and procedure or orders of the warden are properly
			 registered. Each inmate shall be required, upon demand, to produce any personal
			 property registered in the inmate's name or issued to the inmate, unless
			 previously reported lost according to proper procedure.
(b) Violation of this regulation shall be a
			 class II offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-202 - Radios, televisions, musical instruments, and other sound equipment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All personal
			 radios, televisions, and other electronic sound equipment shall be played only
			 in accordance with the orders of the warden. The size, type, and capacity of
			 this equipment shall be limited by internal management policies and procedures
			 issued by the secretary of corrections. All such equipment, including all
			 musical instruments, shall be possessed and used in accordance with the orders
			 of the warden.
(b) Violation of
			 this regulation shall be a class III offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-203 - Theft

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Theft shall
			 include any of the following acts done with 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, by deception, control over
			 property or services;
(3)
			 obtaining, by threat, control over property or services; 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 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-204 - Taking without permission

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall take without permission, regardless of the intent, articles of any kind
			 from any other person or place, nor shall the inmate obtain these articles by
			 fraud or dishonesty.
(b) Violation
			 of this regulation shall be a class II offense. Alternatively, violation of
			 this regulation may be handled according to the summary disposition procedure
			 set forth in K.A.R. 44-13-201b.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-205 - Unauthorized dealing and trading

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Trading,
			 borrowing, loaning, giving, receiving, selling, and buying goods, services, or
			 any item with economic value between or among inmates without written
			 permission of the warden or designee shall be prohibited.
(b) Violation of this regulation shall be a
			 class II offense. Alternatively, violation of this regulation may be handled
			 according to the summary disposition procedure set forth in K.A.R. 44-13-201b.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-207 - Gambling and bookmaking

Current through Register Vol. 43, No. 28, July 11, 2024
An inmate shall not make any bet, operate or bank any gambling
				pool or game, keep book, or engage in any form of gambling. An inmate shall not
				possess, transfer, sell, distribute, nor obtain dice or other gambling
				paraphernalia. An inmate shall not receive, possess, distribute, sell, nor
				transfer lottery tickets. Violation of this rule shall be a class II offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-208 - Misuse of state property

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall destroy, damage, deface, alter, misuse, or fail
				to return when due any article of property owned by the state, whether issued
				by the department of corrections or another state agency, including clothing
				and shoes. Normal wear and tear to clothing and shoes shall be excepted from
				this regulation. Violation of this regulation shall be a class II offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-209 - Entering into contracts, incurring financial obligations

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall enter into a contract, or incur any financial
				obligation, including orders by mail, without the principal administrator's
				approval. Violation of this rule shall be a class III offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-210 - Accounts

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall establish or have access to any checking or
				savings account outside the trust fund while confined in a correctional
				facility. Violation of this regulation shall be a class II offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-211 - Telephones or other communication devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 When using any authorized inmate telephone, no inmate shall perform or engage
			 in any of the following:
(1) Use another
			 inmate's personalized identification number (PIN) or permit another inmate to
			 use the inmate's PIN;
(2) be a
			 party to call forwarding;
(3) call
			 any telephone number not listed on the inmate's authorized calling
			 list;
(4) participate in any call
			 involving a party at a phone number other than that originally called,
			 including receiving information relayed by an intermediary, and either relaying
			 or receiving information over any telephone service other than that authorized
			 by the secretary of corrections for inmate usage;
(5) initiate any call to a party on the
			 inmate's authorized calling list and then permit the telephone to be used by
			 another inmate, whether in speaking to the authorized party or to another
			 party;
(6) use the telephone in
			 furtherance of any illegal activity; or
(7) use the telephone to communicate or
			 attempt to communicate with a minor, unless correspondence with the minor is
			 authorized by K.A.R. 44-12-601.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-212 - Accessing unauthorized computer-based information; unauthorized computer communications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate shall perform any of the
			 following:
(1) Access, or attempt to access,
			 any information, data, images, or other material residing on or stored in any
			 computer or available through any computer network, unless the information,
			 data, images, or other material has been authorized for inmate access by the
			 secretary of corrections and established and maintained by the information
			 technology division of the department of corrections for that
			 purpose;
(2) communicate or attempt
			 to communicate with a minor through any computer or computer network, unless
			 correspondence with the minor is authorized by K.A.R. 44-12-601; or
(3) communicate or attempt to communicate
			 with any person through use of another inmate's authorized electronic mail
			 account.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-301 - Fighting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Fighting or any
			 other activity that constitutes violence or is likely to lead to violence shall
			 be prohibited.
(b) It shall be an
			 affirmative defense, for which the offender shall bear the sole burden of
			 proof, if the offender is engaged in self-defense.
(c) Violation of this regulation shall be a
			 class 1 offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-303 - Lying

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Every inmate
			 shall speak the truth. No inmate shall lie, misrepresent the facts, mislead, or
			 give false or misleading information to an officer, employee, or any other
			 person assigned to supervise inmates or others having a right to know. No
			 inmate shall make any false allegations against any officer, employee, inmate,
			 or other person.
(b) Violation of
			 this regulation shall be a class II offense. Alternatively, violation of this
			 regulation may be handled according to the summary disposition procedure set
			 forth in K.A.R. 44-13-201b.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-304 - Disobeying orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 shall promptly and respectfully obey any order, directive, or instruction given
			 to the inmate by any employee of the facility, or by an employee of any other
			 agency or of an organization or firm in charge of the inmate. In case of
			 conflicting orders, the last order shall be obeyed.
(b) If an order is violated, the specific
			 circumstances surrounding the violation charge shall be included in the
			 following:
(1) The disciplinary report
			 bringing the charge;
(2) the
			 investigation report, if any; and
(3) if used, the report writer's written
			 statement in lieu of testimony.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-305 - Insubordination or disrespect to officers or other employees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 shall be attentive and respectful towards employees, visitors, and officials.
			 The showing of disrespect, directly or indirectly, or being argumentative in
			 any manner shall be considered insubordination. This regulation shall exclude
			 an initial exchange or discussion in a civilized tone for the purpose of
			 clarification of the order if the exchange or discussion is not disrespectful
			 or argumentative.
(b) Violation of
			 this regulation shall be a class II offense. Alternatively, violation of this
			 regulation may be handled according to the summary disposition procedure set
			 forth in K.A.R. 44-13-201b.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-306 - Threatening or intimidating any person

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An inmate
			 shall not threaten or intimidate, either directly or indirectly, any person or
			 organization. This regulation shall specifically prohibit conditional threats
			 or intimidation. Violation of this subsection shall be a class I offense.
(b) A civilized warning by the
			 inmate that the inmate may properly use legal process to enforce rights or
			 redress wrongs, including use of the inmate grievance procedure, shall not be
			 considered a violation of this regulation.
(c) The subjective impression of the target
			 of the alleged threat or intimidation shall not be a factor in proving a
			 violation of subsection (a).
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-307 - Avoiding an officer

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall run from or deliberately avoid any officer,
				supervisor, or employee if required, ordered, or requested to be present to
				talk with, be accounted for, be searched, or be questioned by the officer,
				supervisor, or employee. Violation of this regulation shall be a class I
				offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-308 - Improper use of prepared or served food

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall accept more prepared or served food or drink
				than the inmate will consume. No inmate shall wastefully and deliberately
				destroy prepared or served food. Inmates shall not carry any prepared or served
				food or drink from the dining area, except as allowed under the facility
				orders. Violation of this regulation shall be a class III offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-309 - Kitchen utensils and shop tools

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall remove or have in possession any eating or cooking utensils or tools
			 without proper authorization.
(b)
			 Violation of this regulation shall be a class II offense. However, possession
			 of utensils or tools may be considered possession of dangerous contraband and
			 punishable as a class I offense. Alternatively, violation of this regulation
			 may be handled according to the summary disposition procedure set forth in
			 K.A.R. 44-13-201b.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-310 - Misconduct in dining room

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All inmates
			 shall enter and leave the dining room in accordance with the established
			 procedure at each facility, and shall conduct themselves in an orderly manner
			 while in the dining room.
(b)
			 Violation of this regulation shall be a class II offense. Alternatively,
			 violation of this regulation may be handled according to the summary
			 disposition procedure set forth in K.A.R. 44-13-201b.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-311 - Being in a condition of drunkenness, intoxication, state of altered consciousness

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall at any time be drunk, intoxicated, or be in a
				chemically induced state of altered consciousness. Violation of this rule shall
				be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-312 - Use of stimulants, sedatives, unauthorized drugs, or narcotics, or the misuse or hoarding of authorized or prescribed medication

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall take into the bodily system any kind of substance that is capable of
			 producing intoxication, hallucination, stimulation, depression, dizziness, or
			 other alteration of the inmate's state of consciousness or feeling, except
			 approved foods, including coffee and tea, and legal drugs, including medication
			 properly and legally prescribed or authorized for a specific inmate by an
			 authorized licensed physician. Alcohol in any form shall be specifically
			 declared not to be an approved food or drink unless it is a component of
			 authorized or prescribed medication.
(b) Misusing, hoarding, tampering with, or
			 defacing any authorized or prescribed medication shall be prohibited.
(1) "Misusing" medication shall mean using
			 any medication for a purpose other than that for which the medication was
			 specifically authorized or prescribed. This shall include either of the
			 following:
(A) Keeping the medication beyond
			 the stop date, as designated by the health care provider; or
(B) dealing and trading prescribed
			 medications within the meaning of K.A.R. 44-12-205.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-313 - Sexually explicit materials

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall have in possession or under control any sexually explicit materials,
			 including drawings, paintings, writing, pictures, items, and devices.
(b) The 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 aerola 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, anal-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 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-314 - Sexual activity; aggravated sexual activity; sodomy; aggravated sodomy

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall commit or induce others to commit an act of sexual intercourse or sodomy,
			 even with the consent of both parties. Participation in such an act shall be
			 prohibited.
(b) No inmate shall
			 force or intimidate another person to engage in sexual intercourse or sodomy.
			 No inmate shall 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. No inmate shall participate in any scheme or arrangement to
			 force or intimidate another person to engage in sexual intercourse or sodomy.
(c)
(1) Sexual intercourse shall mean any
			 penetration of the female sex organ by a finger, the male sex organ, or any
			 object. Any penetration, however slight, shall be deemed sufficient to
			 constitute sexual intercourse.
(2)
			 Sodomy shall be defined as any of the following:
(A) Oral contact with or oral penetration of
			 the female genitalia or oral contact with the male genitalia;
(B) anal penetration, however slight, of a
			 male or female by any body part or object; or
(C) oral or anal copulation or sexual
			 intercourse between a person and an animal.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-315 - Lewd acts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall engage in a lewd or lascivious manner in any act of kissing, fondling,
			 touching, or embracing, whether with a person of the same or opposite sex.
(b) An inmate shall not
			 intentionally expose or manipulate a sex organ with the knowledge or reasonable
			 anticipation that the inmate will be viewed by others or with the intent to
			 arouse or gratify the sexual desires of the inmate or another. A violation of
			 this regulation shall be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-318 - Disruptive behavior

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall start or get others to start, or perform or participate in, or help
			 others to perform or participate in any disruptive behavior.
(b) Violation of this regulation shall be a
			 class II offense. Alternatively, violation of this regulation may be handled
			 according to the summary disposition procedure set forth in K.A.R. 44-13-201b.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-319 - Riot or incitement to riot

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Riot is any
			 use of force or violence by three or more persons acting together and without
			 the authority of law which produces a breach of the peace on the premises of a
			 correctional facility whether within or without the security perimeter itself,
			 or any threat to use such force or violence against any person or property, if
			 accompanied by power or apparent power of immediate execution.
(b) Incitement to riot is urging others by
			 words or conduct to engage in riot under circumstances which produce a clear
			 and present danger of injury to persons or property, or a breach of the peace.
			 Violation of this rule shall be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-320a - Interfering with official duties

Current through Register Vol. 43, No. 28, July 11, 2024
No inmate shall intentionally disrupt, sabotage, impede, or
				interfere with the performance of official duties by any officer, employee, or
				contract employee. Violation of this regulation shall be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-321 - Conduct regarding visitors or the public

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 shall treat visitors and members of the public in a respectful and helpful
			 manner. Each inmate shall comply with the orders of the warden regarding
			 contact with visitors and the public and shall maintain a dignified and
			 respectful demeanor while in the presence of these individuals.
(b) Violation of this regulation shall be a
			 class II offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-323 - Assault

Current through Register Vol. 43, No. 28, July 11, 2024
An assault is an intentional threat or attempt to do bodily
				harm to another, coupled with apparent or recognizable ability to carry out the
				threat or attempt, and resulting in immediate apprehension or fear of bodily
				harm. No bodily contact is necessary. Violation shall be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-324 - Battery

Current through Register Vol. 43, No. 28, July 11, 2024
Battery is the unlawful or unauthorized, intentional touching
				or application of force to the person of another, when done in a rude,
				insolent, or angry manner. Violation of this rule shall be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-325 - Security threat groups; inmate activity; limitations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No
			 proselytizing of religious faiths or beliefs shall be allowed in the
			 facilities. "Proselytizing" shall be defined as an active effort to persuade a
			 person to convert to a religious belief without the person's prior consent.
			 However, nothing in this regulation shall prohibit one-to-one conversation
			 about religious matters. Violation of this subsection shall be a class III
			 offense.
(b) Inmates shall not
			 serve in the capacity of clergy or religious instructors at any time except for
			 purposes of K.A.R. 44-7-113, on recommendation of chaplain and the approval of
			 the warden. Violation of this subsection shall be a class III offense.
(c) Inmates shall not develop,
			 organize, promote, or assist any security threat group and shall not engage in
			 any activity calculated to incite a demonstration by any security threat group.
			 Inmates shall not possess any item, whether in its original condition or in an
			 altered state, associated or identified with any security threat group.
			 "Security threat group" shall mean any ongoing formal or informal organization,
			 association, or group of three or more persons with a common name or
			 identifying sign or symbol, but without specific approval by the warden.
			 Violation of this subsection shall be a class I offense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-327 - Interference with restraints

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall interfere with or assist other inmates in interfering in any way with
			 handcuffs or other restraints that have been, or are being, applied to the
			 inmate by an officer or employee. An inmate shall not remove or attempt to
			 remove that inmate or another inmate from handcuffs or other restraints without
			 approval of an officer or employee.
(b) Violation of this regulation shall be a
			 class I offense.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 12 - CONDUCT AND PENALTIES › Section 44-12-328 - Undue familiarity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No inmate
			 shall solicit, encourage, establish, or participate in any type of personal
			 relationship with any staff member, contract personnel, volunteer, or employee
			 of any other organization in charge of the inmate. A personal relationship
			 shall be defined as any relationship involving unnecessary familiarity by the
			 inmate toward any such individual. Any contact between an inmate and staff
			 member other than a polite exchange of remarks or casual conversation shall be
			 limited to that contact necessary to allow any such individual to carry out
			 official duties and provide authorized assistance to the inmate in a
			 professional manner.
(b) Violation
			 of this regulation shall be a class I offense.
This amendment shall be effective on and after February 15,
				2002.