reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-328 - Personal relationships; limitations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A "personal
			 relationship" shall be defined as any relationship involving unnecessary
			 familiarity by an offender toward any staff member, contract personnel,
			 volunteer, or employee of any other organization in charge of the offender.
(b) No offender shall initiate,
			 solicit, encourage, establish, or participate in any type of personal
			 relationship with the individuals specified in subsection (a). Any contact
			 other than a polite exchange of remarks or casual conversation between an
			 offender and any of these individuals shall be limited to that contact
			 necessary to carry out official duties and to provide authorized services to
			 the offender in a professional manner.
(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 123-12-401 - Programs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Program," as
			 used in this regulation, shall mean any of the following activities:
(1) Any educational program;
(2) any counseling program;
(3) any vocational program;
(4) any physiological or psychological
			 treatment;
(5) any skill training;
(6) any work assignment; and
(7) any other endeavor or project
			 to which an offender has been assigned.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-501 - Answering calls; movement

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each offender shall respond promptly each
			 time any employee calls the offender's name.
(2) Each offender shall move from place to
			 place within the facility as required by the facility orders.
(3) Each offender who is authorized to move
			 within the facility using a pass issued for that purpose shall meet the
			 following requirements:
(A) Not destroy the
			 pass issued; and
(B) present the
			 pass to the appropriate person at the time and place indicated on the pass.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-502 - Responsibility for head counts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall be present at the proper time and place designated for head counts.
(b)
(1) Each offender shall cooperate in the
			 conduct of the head count.
(2) No
			 offender shall intentionally behave in a manner that causes, results in, or is
			 likely to cause or result in a delay that renders the head count inaccurate or
			 difficult to accomplish.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-503 - Restricted areas; unauthorized presence; out-of-bounds in assigned living area

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Restricted
			 areas.
(1) Each offender shall be required to
			 know which areas are designated as restricted areas. No offender shall enter a
			 restricted area without a direct order by an employee authorized to render the
			 order or without the superintendent's written permission.
(2) Each violation of this subsection shall
			 be a class II offense. Alternatively, any violation of this subsection may be
			 handled according to the summary disposition procedure specified in K.A.R.
			 123-13-201b.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-504 - Interference with cell operation, locking devices, and visibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall block or otherwise interfere with the opening, closing, or locking of any
			 door, cell door, or window, including food passage ports and slots.
(b) No offender shall cover or otherwise
			 obstruct any passageway, door, cell, cell door, window, or observation port,
			 including food passage ports and slots, in a manner that blocks visibility into
			 the cell, room, or space, unless doing so has been expressly approved by the
			 superintendent.
(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 123-12-505 - Restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall avoid, break, or violate the terms of any restriction that has been
			 imposed upon the offender.
(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 123-12-505b - Medical restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall participate in any program or recreational activities, partake of food or
			 beverage items, or otherwise engage in any activity that is in violation of a
			 documented medical restriction.
(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 123-12-506 - Official name; alias name

Current through Register Vol. 43, No. 28, July 11, 2024
(a) While committed
			 to an institution, each offender shall respond when the offender is addressed
			 by the offender's official name, as defined in K.A.R. 123-5-101. Each offender
			 shall be referred to in all official transactions, and all correspondence to
			 and from the offender, using the offender's official name.
(b) If the offender's name has been changed
			 from or is otherwise different from the offender's official name, the records
			 may be modified to incorporate the new or different name as an alias name, and
			 the offender may use the alias name in parentheses after the official name.
(c) Each offender shall comply
			 with all directives, references, and orders to the offender issued in the
			 offender's official name.
(d) No
			 charge shall be brought against any offender under this regulation if the
			 offender is the addressee or recipient of any mail, phone call, document, or
			 other communication using other than the official name, unless it is alleged
			 and proven that the offender was a knowing and willing conspirator or
			 instigator of the use of the alias name.
(e) 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 123-12-601 - Mail

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions.
(1)
(A)
			 "Legal mail" means mail affecting the offender's right of access to the courts
			 or legal counsel. This term shall include letters between the offender and any
			 lawyer, a judge, a clerk of a court, or any intern or employee of a law firm,
			 legal clinic, or other legal services organization providing legal services to
			 offenders.
(B) "Official mail"
			 means any mail between an offender and an official of the state or federal
			 government who has the authority to control, or to obtain or conduct an
			 investigation of, the custody or conditions of confinement of the offender.
(C) "Privileged mail" means any
			 mail between the offender and the offender's physician, psychiatrist,
			 psychologist, or other licensed mental health therapist.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-602 - Posting notices and distributing written materials

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall post or distribute any written materials without the prior, written
			 approval of the superintendent or designee.
(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 123-12-702 - Legal assistance by offenders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In accordance
			 with applicable facility orders, any offender may provide assistance pertaining
			 to legal matters to another offender if both of the following conditions are
			 met:
(1) The offender receiving the
			 assistance has requested that the assistance be provided by the other offender.
(2) The offender providing the
			 assistance neither requests nor accepts any gratuity or favor for providing the
			 assistance.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-801 - Bulletin boards; publishing facility orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall comply with all facility orders posted on bulletin boards designated for
			 publishing facility orders.
(b)
			 Each facility order shall be deemed published upon being posted on a bulletin
			 board that is designated for this purpose.
(c) Each bulletin board designated for
			 publishing facility orders shall be under the exclusive control of the
			 superintendent.
(1) No offender shall post
			 any item on any facility bulletin board unless directed by an agency employee
			 to do so.
(2) No offender shall
			 remove any item from any facility bulletin board unless directed by an agency
			 employee to do so.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-901 - Dangerous contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Dangerous
			 contraband" shall be defined as any of the following:
(1) Any item, including any ingredient, part,
			 or instructions on the creation of an item, that meets the following
			 conditions:
(A) Is inherently capable of
			 causing serious damage to persons or property or is capable or likely to
			 produce or precipitate seriously dangerous situations or conflict; and
(B) is not issued by the juvenile
			 justice authority or the facilities, sold through the canteen, or specifically
			 authorized or permitted by facility order for use or possession in the
			 institution;
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-902 - Less dangerous contraband

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Less dangerous
			 contraband" shall be defined as either of the following:
(1) Any item, including any ingredient,
			 component, or instructions on the creation of an item, that is moderately
			 dangerous in the institutional environment and is not issued by the agency,
			 sold through the institution's canteen, or specifically authorized or permitted
			 by internal management and policy and procedure or facility order; or
(2) any item that, although
			 authorized, is misused in a way that causes or is likely to cause moderate
			 danger to persons or property.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-1001 - Violation of statutes and regulations

Current through Register Vol. 43, No. 28, July 11, 2024
Except as otherwise provided in these regulations, the
				following classifications shall apply:
(a) Each violation of any state or federal
			 statute that is designated as a felony crime under Kansas law shall be a class
			 I offense.
(b) Each violation of
			 any state or federal statute that is designated as a misdemeanor crime under
			 Kansas law shall be a class II offense.
(c) Each violation of any civil penalty
			 statute or any 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 123-12-1002 - Violation of internal management policy and procedure or facility order

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each violation
			 of any internal management policy and procedure shall be an offense of the
			 class specified in the internal management policy and procedure. If no class is
			 specified in the internal management policy and procedure, the violation shall
			 be a class III offense.
(b) Each
			 violation of any facility order shall be an offense of the class specified in
			 the facility order. If no class is specified in the facility order, the
			 violation 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 123-12-1101 - Anticipatory and facilitating offenses: attempt, conspiracy, solicitation, and accessory

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No offender
			 shall attempt or conspire to violate any law, regulation, internal management
			 policy and procedure, or facility order. Each attempt or conspiracy to violate
			 any law, regulation, internal management policy and procedure, or facility
			 order shall carry the same penalty as that for the offense itself.
(b) No offender shall solicit or be an
			 accessory for another person to violate any law, regulation, internal
			 management policy and procedure, or facility order. Each occasion of soliciting
			 or acting as an accessory for another to commit any violation of any law,
			 regulation, internal management policy and procedure, or facility order shall
			 carry the same penalty as that for the offense itself.
(c) The specific law, regulation, internal
			 management policy and procedure, or facility order that is the basis of the
			 attempt, conspiracy, solicitation, or accessory activity shall be stated and
			 described in the disciplinary report.
(d)
(1)
			 Attempt.
(A) An "attempt" shall be defined as
			 any overt or evident act toward the perpetration of activity that is prohibited
			 by law, regulation, internal management policy and procedure, or facility order
			 by an offender who intends to commit the prohibited activity but fails in the
			 perpetration of the prohibited activity or is prevented from or intercepted in
			 the execution of the prohibited activity.
(B) It shall not be a defense to a charge of
			 attempt that the circumstances under which the act was performed, the means
			 employed, or the act itself were such that the commission of the prohibited
			 activity was not possible.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-1201 - Increased penalty for involving or victimizing an offender under 16

Current through Register Vol. 43, No. 28, July 11, 2024
For any offender who is 16 years of age or older and guilty of
				any offense defined in these regulations, the penalty imposed on the offender
				may be double the penalty that is otherwise established for the offense under
				these regulations if any of the following conditions exists:
(a) The offense was committed with another
			 offender who was a principal in the offense and was younger than 16 years of
			 age when the offense was committed.
(b) The offense was an anticipatory or
			 facilitating offense as defined in K.A.R. 123-12-1101, and another offender who
			 was involved as a principal in the offense was younger than 16 years of age
			 when the offense was committed.
(c) Any victim of the offense was younger
			 than 16 years of age when the offense was committed.
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 123-12-1202 - Conviction of four offenses in six months

Current through Register Vol. 43, No. 28, July 11, 2024
Subject to any limitation specified in
				K.A.R.
				123-12-1308, upon conviction of the fourth
				offense of the same or more serious class within the previous six months, the
				hearing officer may impose a sentence not greater than twice the maximum that
				can otherwise be imposed for that class of 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 123-12-1301 - Class I offenses and penalties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Class I
			 offenses shall be defined as the following:
(1) The violations designated as class I
			 offenses by these regulations;
(2)
			 the violations designated as felonies by state or federal law; and
(3) the violations designated as class I
			 offenses by internal management policies and procedures and by facility orders.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-1302 - Class II offenses and penalties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Class II
			 offenses shall be defined as the following:
(1) The violations designated as class II
			 offenses by these regulations;
(2)
			 the violations designated as misdemeanors by state or federal law; and
(3) the violations designated as
			 class II offenses by internal management policies and procedures and by
			 facility orders.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-1303 - Class III offenses and penalties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Class III
			 offenses shall be defined as the following:
(1) The violations designated as class III
			 offenses by these regulations; and
(2) any violation of a regulation, internal
			 management policy and procedure, or facility order within which the designation
			 of the class of the offense for a violation is not specified.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-1306 - Use of restitution

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When
			 restitution is used in the disciplinary process, the following requirements and
			 limitations shall apply:
(1) The amount and
			 manner of payment of restitution imposed may be appealed in the same manner and
			 to the same extent as those for any other appeal of sentence in the
			 disciplinary process.
(2) The
			 amount of restitution ordered shall be fair and shall not be used in a way that
			 disrupts family support payments, tax payments, or courtordered restitution.
(3) No offender shall be required
			 to continue payment on any restitution imposed under these regulations while
			 released from confinement. If the offender is readmitted to a juvenile
			 correctional facility, any balance due on the order of restitution may be
			 collected.
(4) Restitution shall
			 be paid out of money available to the offender from any legitimate source of
			 funds, including any gainful work program. Restitution payment shall be limited
			 to a reasonable amount and, if proper under the circumstances, shall be made in
			 installments.
(5) The offender
			 shall be given notice, not later than the beginning of the disciplinary
			 hearing, of the basis for seeking restitution and shall be given an opportunity
			 during the disposition phase of the disciplinary proceedings to present
			 evidence regarding the appropriate amount of restitution. The hearing officer
			 shall limit the evidence to a reasonable amount and extent appropriate to the
			 nature of the administrative hearing, the level of the offense, and the extent
			 of possible impact on the offender's resources.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 12 - OFFENDER CONDUCT AND PENALTIES › Section 123-12-1308 - Disciplinary segregation; limits

Current through Register Vol. 43, No. 28, July 11, 2024
The continuous confinement of an offender in disciplinary
				segregation for more than 30 days shall require the superintendent's review and
				approval.
Offender Disciplinary Procedure
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-101 - Disciplinary procedure established

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A disciplinary
			 procedure in accordance with these regulations shall be established and
			 implemented by the superintendent of each facility.
(1) "Superintendent," as used throughout this
			 article, shall include the superintendent's designee.
(2) "Disciplinary procedure," as used
			 throughout this article, shall include conducting disciplinary proceedings and
			 following the disciplinary process.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-101a - Waiver of rights

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 shall be permitted to voluntarily waive the right to any time limit or process
			 afforded by these regulations. Each waiver shall be submitted in writing and
			 shall state the specific time limit or process being waived. The waiver shall
			 be made in the form and manner approved or prescribed by the commissioner. The
			 waiver shall be witnessed by one impartial employee and shall be signed by the
			 offender and the hearing officer, unless the offender is waiving the right to
			 the disciplinary hearing process by accepting a summary judgment citation
			 pursuant to K.A.R. 123-13-201b.
(b) Each offender shall be informed of the
			 nature of the time limit or process being waived and of the impact and
			 consequence of the waiver.
(c)
			 Unless the offender is waiving the right to the disciplinary hearing process by
			 accepting a summary judgment citation pursuant to K.A.R. 123-13-201b, the
			 offender shall be questioned by the hearing officer before accepting the waiver
			 to determine if the waiver is knowingly and voluntarily made.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-103 - Prosecution by outside agency

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an offender
			 is alleged to have committed an act covered by criminal law, the case shall be
			 referred to the appropriate law enforcement or prosecutorial agency for
			 consideration for prosecution, unless there is a current written statement from
			 a prosecutor who has jurisdiction and who requests that certain types or
			 classes of crimes not be reported or that no report be made.
(b) Any hearing officer may proceed with a
			 disciplinary hearing under these regulations or may authorize a continuance of
			 the disciplinary hearing to await the result of a prosecution if the
			 disciplinary proceeding involves the same offense as that being prosecuted.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-105 - The disciplinary administrator and hearing officers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A disciplinary
			 administrator shall be appointed by the superintendent of each facility to
			 manage the disciplinary procedure for the entire facility on a continuing
			 basis.
(b) One or more impartial
			 hearing officers shall be appointed by the superintendent to conduct
			 disciplinary hearings at the facility.
(1)
			 The minimum qualification for each hearing officer shall be the satisfactory
			 completion of required training.
(2) A person who is the reporting officer, an
			 investigator in, or a witness in a case shall not be the hearing officer in
			 that case.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-106 - Administration of oaths; designation of persons authorized

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 superintendent and deputy superintendent, as well as the disciplinary
			 administrator and hearing officers appointed pursuant to K.A.R. 123-13-105,
			 shall be authorized to administer oaths to witnesses in disciplinary
			 proceedings.
(b) All oaths shall
			 be administered in a form and a manner that are in accordance with
			 K.S.A.
			 54-101
et seq.
, and
			 amendments thereto.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-201 - Disciplinary report and written notice

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A disciplinary
			 proceeding shall be commenced upon the making of a charge by the issuance of a
			 disciplinary report.
(1) A copy of the
			 disciplinary report shall be served on the offender within 48 hours after the
			 issuance of the disciplinary report, excluding Saturdays, Sundays, and
			 holidays.
(2) The report shall not
			 be served on the offender by the same officer who brought the charge against
			 the offender, unless no other officer is available to personally serve the
			 offender.
(3) The officer serving
			 the report shall inform the offender that the offender may enter a plea of
			 guilty or no contest to the charge at the time of service of the report.
(A) If the officer serving the report has
			 been appointed as a hearing officer by the superintendent according to K.A.R.
			 123-13-105, that officer may immediately, or as soon as possible, accept the
			 offender's plea of guilty or no contest, conduct a sentencing hearing, and
			 impose a sentence by following the procedures established in K.A.R. 123-13-403.
(B) If the officer serving the
			 report has not been appointed as a hearing officer according to K.A.R.
			 123-13-105 or refers the case to another hearing officer, then the offender
			 desiring to plead guilty or no contest to the charge at the time of service of
			 the report shall be brought immediately, or as soon as possible, before a
			 hearing officer. The hearing officer shall accept the offender's plea of guilty
			 or no contest, conduct a sentencing hearing, and impose a sentence by following
			 the procedures established in K.A.R. 123-13-403.
(4) If necessary, the hearing officer may
			 accept the offender's plea of guilty or no contest immediately, or as soon as
			 possible, after service of the report, but may delay the sentencing hearing and
			 imposition of sentence for not more than six working days.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-201b - Summary judgment procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In any case
			 involving one or more alleged class III offenses, or any other offense
			 designated as eligible for summary judgment procedures, the reporting officer
			 may offer the offender the option of resolving the matter through the summary
			 judgment procedure as an alternative to writing a disciplinary report leading
			 to initiation of the formal disciplinary hearing process.
(b) Each officer shall carry or have
			 immediate access to summary judgment citation forms.
(c) If an officer observes an offender in the
			 act of committing one or more class III offenses, or any other offense
			 designated as eligible for summary judgment procedures, that the officer
			 believes requires more than an undocumented, on-the-spot verbal reprimand, the
			 officer may file a formal disciplinary report against the offender or may offer
			 the offender summary judgment by issuing a summary judgment citation. If
			 summary judgment is offered, the offer shall not be withdrawn unless there is
			 subsequently an additional allegation that the offender committed another
			 disciplinary offense.
(1) The summary
			 judgment citation shall be written and served on the offender by the reporting
			 officer within 24 hours of the alleged incident, and shall include the
			 following:
(A) The date and time of each
			 alleged offense;
(B) the date and
			 time the citation is written;
(C)
			 the name and number of the regulation, internal management policy and
			 procedure, or facility order for each alleged offense;
(D) a statement of the facts of the alleged
			 incident, including the names of witnesses;
(E) the date and time that the citation is
			 served on the offender;
(F) the
			 summary judgment sanction; and
(G)
			 a space reserved for the offender to sign, indicating the offender either
			 accepts or refuses the offer of a summary judgment.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-202 - Amendment of the charge

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If, in the
			 judgment of the disciplinary administrator, hearing officer, or superintendent
			 during administrative review, the charge is incorrect or a language change
			 would change the substance of the charge or adversely affect the defense, the
			 charge shall be amended and notice given to the offender. After this notice is
			 given, the offender shall have the same period of time between notice and
			 hearing to prepare a defense that would have been permitted when the charge was
			 originally made.
(b) The same
			 charge shall not be brought twice on the same facts under any circumstance if a
			 factual finding of guilt or innocence has been made.
(c) After the hearing officer has begun to
			 hear evidence in the case, the hearing officer may permit amendment at any time
			 before a factual finding of guilt or innocence has been made if no additional
			 or different offense is charged and if substantial rights of the defendant are
			 not prejudiced.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-203 - Criminal prosecution and disciplinary hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an offender
			 has been charged, convicted, or acquitted in a criminal court of a charge or
			 for a crime arising from the same facts, the disciplinary hearing may be
			 conducted or continued, at the hearing officer's discretion.
(b) If the offender has been convicted or
			 acquitted in criminal court for a crime arising from the same facts, the
			 hearing officer may rely on the findings made by the jury or judge in
			 conducting or dismissing the disciplinary hearing.
(c) If the disciplinary hearing is conducted
			 while the criminal court case is pending and the court later renders a decision
			 different from the decision of the hearing officer, the decision of the hearing
			 officer shall remain unaffected unless, upon motion to the hearing officer,
			 there is a showing that the hearing officer's decision is based on an obviously
			 erroneous fact affecting the substantial rights of the offender. If such a
			 showing is made, the hearing officer shall correct the decision on the record.
			 However, the hearing officer shall not change the officer's decision if either
			 of the following would result:
(1) Conviction
			 of the offender of the disciplinary violation following a conviction by the
			 court if the hearing officer acquitted the offender in the disciplinary
			 proceeding before the criminal court entered its guilty finding; or
(2) an adverse effect on the offender.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-306 - Offender responsibilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each offender
			 being served shall be required either to read the disciplinary report and any
			 associated documentation or to notify the serving officer that the offender is
			 illiterate or otherwise unable to read and understand the documents presented
			 and to request that the notice and associated documents be read to the
			 offender.
(b) Within 48 hours of
			 service of the report, the offender shall complete and submit the authorized
			 form for witnesses to the disciplinary administrator. If one or more witnesses
			 are requested, the offender shall indicate on the form the testimony expected
			 from each witness. The offender may use the form to waive the offender's right
			 to call witnesses.
(c) Each
			 illiterate offender shall receive assistance from the offender's program team
			 member with completing the witness form, including any waiver of the right to
			 call witnesses.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-307 - Administrative review of requests for witnesses; denial of requests; issuance of summons; voluntary nature of witness appearance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 disciplinary administrator or hearing officer assigned to hear the charges
			 shall review any written requests for witnesses submitted by the accused
			 offender according to K.A.R. 123-13-306.
(b) The disciplinary hearing officer or
			 administrator performing a review of a written request for witnesses shall, for
			 purposes of the review, presume the truth of the proffered testimony and may
			 deny the request only if, in the reviewer's judgment, the testimony proffered
			 meets any of the following criteria:
(1) Is
			 clearly irrelevant or immaterial;
(2) is repetitious of other proffered
			 testimony; or
(3) is properly
			 excluded for reasons specified in K.A.R. 123-13-405a.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-401 - Hearing within certain period; notice to offender; time and place of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided in these regulations and subject to authorized continuances,
			 the disciplinary hearing to determine the offender's guilt or innocence and to
			 impose a penalty if a finding of guilt is made shall be held not less than 24
			 hours and not more than seven working days after the offender has been served
			 notice of the charge.
(b) Each
			 offender charged with an offense shall be given advance written notice of the
			 time and place of the disciplinary hearing. This notice shall be given not less
			 than 24 hours before the hearing and shall be given by the disciplinary
			 administrator, the hearing officer, or any other person designated by the
			 superintendent.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-402 - Continuing the hearing; recesses; time limits; extensions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 disciplinary administrator or hearing officer may grant one or more
			 continuances or recesses of reasonable length upon application of the offender,
			 reporting officer, or juvenile justice authority for cause shown.
(b) The hearing officer may also continue the
			 case for a reasonable period, as necessary, subject to the review of the status
			 of the case every 30 days, if any one of the following conditions is met:
(1) The offender or the reporting employee is
			 unable to appear for medical or psychiatric reasons as certified by the
			 facility or other licensed physician or psychiatrist.
(2) There is a delay to await determination
			 of whether the case will go to trial in a court of law or to await the outcome
			 of a trial.
(3) There is an
			 unavoidable delay to await the return of evidence from an analysis laboratory.
(4) The offender is temporarily
			 transferred outside the facility setting and is expected to return after a
			 brief absence.
(5) The offender is
			 on "escape" status. At the hearing officer's discretion, the case may be
			 dismissed or heard in absentia on the record, unless the offender has been
			 apprehended and is available at a known location for return to the physical
			 custody of the juvenile justice authority for the hearing within six months.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-403 - Conducting the disciplinary hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 disciplinary hearing shall be conducted as follows:
(1) The hearing officer shall initially
			 inform the offender of the charges and take the offender's plea.
(2) The hearing officer shall then determine
			 guilt or innocence.
(3) The
			 hearing officer shall make a disposition, including the determination and
			 imposition of sentence if guilt was previously established.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-404 - Presence of offender and presence of charging officer at disciplinary hearings; officer statements in lieu of testimony

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The offender
			 shall be present at all stages of the disciplinary hearing and disposition,
			 except as otherwise provided by these regulations or by law.
(b) In class I cases, the charging officer
			 shall be present for direct examination and for confrontation and
			 cross-examination, unless either of the following conditions is met:
(1) The charging officer is excused by the
			 hearing officer. The hearing officer may excuse the charging officer only if
			 the hearing officer, after consulting with the superintendent, determines that
			 facility safety or correctional goals would be jeopardized. "Facility safety or
			 correctional goals" shall not include considerations of mere convenience. If
			 the officer is not present, the officer's report and statement shall be made to
			 the hearing officer in writing under oath. Copies of the report shall be
			 provided to the offender, and the report shall be read aloud at the hearing
			 unless confidentiality is required to protect an offender accuser, informant,
			 or witness.
(2) The offender has
			 been transferred to another facility. If an offender has been transferred to
			 another facility after a disciplinary report was written in a class I case, the
			 testimony of the charging officer and other witnesses pertaining to that report
			 may be taken by telephone at the discretion of the hearing officer. Except as
			 provided in K.A.R. 123-13-403(m) and (q), all testimony taken by telephone
			 shall be taken in a manner that can be heard by all those present at the
			 hearing and shall be subject to the procedures applicable to witnesses
			 personally present at a hearing.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-405a - Calling witnesses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In determining
			 whether to allow the offender to call a witness from the facilities'
			 populations or from among the facilities' employees, the hearing officer shall
			 balance the offender's interest in avoiding a loss of good time and the
			 assessment of restitution or placement in disciplinary segregation against the
			 needs of the facility at which the proceedings are held. The needs of the
			 facility shall include the following:
(1) The
			 need to keep the hearing within reasonable time limits;
(2) the need to prevent the creation of a
			 risk of retaliation and reprisal;
(3) the need to prevent the undermining of
			 authority;
(4) the need to limit,
			 to a reasonable level, access to other offenders for the purpose of collecting
			 statements or compiling documentary evidence;
(5) the need to prevent disruption;
(6) the need to administer swift
			 punishment;
(7) the need to avoid
			 irrelevant, immaterial, or unnecessary testimony and evidence;
(8) the need to reduce or prevent security
			 hazards that could be presented in individual cases;
(9) the need to use the disciplinary process
			 as a rehabilitative tool to modify offender behavior;
(10) the need to prevent the creation of
			 undue risk to personal or facility safety;
(11) the need to reduce the chances of
			 seriously inflaming tension, frustration, resentment, and antagonism in the
			 relationship between offenders and personnel;
(12) the need to correct the behavior of
			 offenders and develop in them a value system in order to foster their eventual
			 return to the community; and
(13)
			 the need for the prompt, efficient, and effective resolution of the
			 disciplinary case with accurate and complete fact-finding consistent with the
			 level of process required by law for correctional environment disciplinary
			 cases.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-406 - Disposition

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The disposition
			 shall be rendered by the hearing officer in an official session with the
			 offender present unless otherwise provided by law or regulation. The
			 disposition shall be made without unreasonable delay following the hearing,
			 preferably at the conclusion of the hearing.
(b) The disciplinary hearing officer may
			 perform either of the following:
(1) Impose a
			 sentence of a specific number of days, within the limits set in the
			 disciplinary code; or
(2) in the
			 case of multiple offenses, order the sentences for two or more violations to be
			 served on a concurrent or consecutive basis. If the hearing officer makes no
			 specific order in this regard, the sentences shall be computed on a concurrent
			 basis.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-408 - Assistance from staff

Current through Register Vol. 43, No. 28, July 11, 2024
If at any time during the disciplinary proceedings the hearing
				officer finds that the charged offender is incapable of self-representation,
				the hearing officer shall appoint a staff member from an approved list to act
				as a staff assistant to aid the offender at the disciplinary hearing and to
				question witnesses. A list of staff members to aid offenders as staff
				assistants shall be made available to the hearing officer by the
				superintendent.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-409 - Standard of proof

Current through Register Vol. 43, No. 28, July 11, 2024
No finding of guilty shall be made in a disciplinary proceeding
				unless the evidence and testimony provided at the disciplinary hearing are
				sufficient to show by a preponderance of the evidence that the accused offender
				committed the alleged violation. "Preponderance of the evidence" shall be that
				standard of proof by which a factual proposition is shown to be more likely
				true than not.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-501 - Preservation of all reports

Current through Register Vol. 43, No. 28, July 11, 2024
No disciplinary reports and no summary judgment citations shall
				be destroyed for any reason. If written in error or incorrectly written, the
				report or citation shall be assigned a case number and shall be marked "void"
				and placed in the chronological disciplinary file at the facility. If the
				charge was dismissed or a finding of not guilty was made by the disciplinary
				hearing officer, then the report shall be marked accordingly and placed in the
				chronological disciplinary file at the facility.
This regulation shall be effective on and after April 8, 2005.
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-502a - Hearing record

Current through Register Vol. 43, No. 28, July 11, 2024
A complete written record shall be made of the disciplinary
				hearing by the hearing officer who conducted the hearing. The written record
				shall include the following information:
(a) A summary of the disciplinary hearing
			 showing compliance with the provisions of K.A.R. 123-13-403, K.A.R. 123-13-404,
			 and K.A.R. 123-13-405a;
(b) if the
			 offender pleads guilty or no contest, a summary of compliance with the
			 provisions of K.A.R. 123-13-101a and K.A.R. 123-13-403, including attachment of
			 the required waiver form and acceptance of the plea by the hearing officer;
(c) a complete summary of all the
			 evidence and arguments relied on to find the offender guilty of the charge at
			 the conclusion of the hearing, including the following:
(1) A summary of the testimony or sworn
			 statement of the reporting officer, subject to the applicable provisions of
			 K.A.R. 123-13-403;
(2) a summary
			 of the testimony or sworn statements of all other witnesses;
(3) any investigative reports;
(4) a list of all physical evidence;
(5) a list of any witnesses whose
			 testimony was requested and denied and the reasons for that denial;
(6) the reasons for the denial of
			 confrontation and cross-examination of any witness by the offender; and
(7) the reasons for the denial of
			 any request for assistance by the offender at any stage of the hearing; and
Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 13 - OFFENDER DISCIPLINARY PROCEDURE › Section 123-13-505 - Copy of record provided to offender

Current through Register Vol. 43, No. 28, July 11, 2024
One copy of the disciplinary case record shall be provided
				without cost to the offender. The offender shall be charged for each additional
				copy at the rate established by law, regulation, internal management policy and
				procedure, or facility order.
This regulation shall be effective on and after April 8, 2005.