reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-408 - Assistance from staff

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the
			 hearing officer finds that at least one of the following conditions is met, the
			 hearing officer shall appoint a staff member from an approved list to act as
			 staff assistant to aid the inmate at the disciplinary hearing and to question
			 relevant witnesses:
(1) The inmate is
			 incapable of self-representation due to physical or mental disability, whether
			 temporary or permanent.
(2) The
			 inmate is illiterate in the English language.
(3) The charge is too complex for the inmate
			 to readily comprehend or defend against.
(4) Testimony or other evidence will be
			 given, either directly or indirectly, by a confidential inmate informant or
			 witness.
(5) The inmate either
			 refuses to attend or has been removed from the hearing.
(6) Any other circumstance exists that, in
			 the judgment of the hearing officer, substantially impairs the inmate's ability
			 to participate meaningfully in the inmate's defense.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-409 - 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 institution or facility has produced evidence and testimony
				sufficient to show guilt of the inmate by a preponderance of the evidence.
				"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 amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-501 - Preservation of all reports

Current through Register Vol. 43, No. 28, July 11, 2024
No disciplinary reports or summary judgment citations shall be
				destroyed for any reason. If written in error or incorrectly written, the
				report or citation with the case number shall be marked "void" and placed in
				the disciplinary chronological 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
				disciplinary chronological file at the facility.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-502a - 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. 44-13-403, K.A.R. 44-13-404,
			 and K.A.R. 44-13-405a;
(b) a
			 summary of compliance with the provisions of K.A.R. 44-13-101a and K.A.R.
			 44-13-403 if the inmate pleads guilty or no contest, 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 inmate 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 applicable provisions of K.A.R.
			 44-13-403;
(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 inmate; and
(7) the reasons for the denial of
			 any request for assistance by the inmate at any stage of the hearing; and
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-506 - Preparation of the record in 10 working days

Current through Register Vol. 43, No. 28, July 11, 2024
The record of the disciplinary hearing shall be caused by the
				warden or designee to be prepared within 10 working days after the rendering of
				the disposition by the hearing officer, unless extenuating circumstances arise.
				If such circumstances arise, the record shall be prepared as soon as possible,
				and the reason for the delay shall be attached in writing and delivered to the
				inmate upon completion of administrative review by the warden.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-507 - Docket

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A docket of
			 disciplinary cases shall be maintained, showing the following:
(1) The case number;
(2) the inmate's name;
(3) the inmate's number;
(4) the cell house;
(5) the offense and its classification; and
(6) the name and title of the
			 reporting officer.
Space shall be left on each line on the docket to enter the
				plea of the inmate, the findings of the hearing officer, and the sentence
				imposed.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-508 - Disciplinary reports in file

Current through Register Vol. 43, No. 28, July 11, 2024
The case disposition report and disciplinary report shall be
				placed in the inmate's file if there is a finding of guilty. No reference to
				the case shall be made in the inmate's file if the inmate is not found to be
				guilty or if the case is dismissed.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-509 - Disciplinary case log

Current through Register Vol. 43, No. 28, July 11, 2024
The disciplinary administrator shall keep a continuous log of
				all disciplinary reports. The reports shall be numbered and recorded. If any
				disciplinary report is voided, dismissed, or otherwise terminated, the log and
				the report shall reflect that fact. No numbers or entries shall be altered, nor
				any report destroyed.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-601 - Serving sentence

Current through Register Vol. 43, No. 28, July 11, 2024
Each inmate shall begin serving the sentence immediately upon
				imposition of sentence by the hearing officer, unless the warden or designee
				determines that space in the disciplinary segregation area is not immediately
				available or that immediate placement of the inmate in segregation is not
				otherwise feasible. If either determination is made, the sentence shall be
				served when the space is available or when placement of the inmate in
				segregation becomes feasible.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-602 - Time not credited for administrative segregation

Current through Register Vol. 43, No. 28, July 11, 2024
If the inmate is held in administrative segregation before the
				disciplinary hearing for some administrative reason, other than merely to await
				the disciplinary hearing or for investigation of the offense, then that time
				spent in administrative segregation shall not be credited against the service
				of sentence in disciplinary segregation. However, any time during which the
				inmate is held pending the hearing, which is solely for the purpose of awaiting
				the disciplinary hearing or awaiting completion of the investigation, shall be
				credited and subtracted from the inmate's disciplinary segregation sentence, if
				such a sentence is rendered on the charge.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-603 - Absence from facility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the
			 inmate is sentenced to disciplinary segregation, restriction to cell, or
			 restriction from privileges and if the inmate is then transferred out to court
			 or to a mental hospital before commencing or completing the sentence, that time
			 spent outside the facility shall not be credited against the service of the
			 sentence. Upon return to the facility, the inmate shall serve the remainder of
			 the sentence, unless the warden determines that the best interests of the
			 inmate or facility warrant that the sentence be suspended.
(b) If the inmate is paroled, conditionally
			 released, or released on postrelease supervision before completion of serving
			 the sentence, the inmate may be required to complete serving the sentence upon
			 the inmate's subsequent return to a facility.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-610 - Collection of fines

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon
			 disposition of the case, a fine may be collected immediately, without further
			 hearing process, from the inmate's trust account. The fine shall be collected
			 only on written order of the disciplinary administrator.
(b) The fine shall be taken from any money
			 that the inmate has credited to the trust account administered by the
			 department of corrections or the contract facility. The fine shall not be
			 deducted or taken from the gratuity, travel, or clothing allowance provided to
			 the inmate upon release.
(c) No
			 inmate, while released from incarceration, shall be required to continue
			 payment on any fine imposed under these regulations. Upon any subsequent
			 admission, the fine may be collected.
(d) If the inmate is transferred to another
			 department of corrections or contract facility before collection, collection
			 may be made by the receiving facility on order of the warden of the sending
			 facility, as approved and confirmed by the warden of the receiving facility.
			 The proceeds of the fine shall be deposited to the inmate benefit fund at the
			 facility where the collection is made.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-701 - Administrative review

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In class I
			 and II offense cases, within seven working days after preparation of the
			 record, there shall be a review of the case, without the presentation of
			 further arguments from either side, regarding compliance with the disciplinary
			 procedure. One or more of the following actions may be performed by the warden
(1) Approve the decision;
(2) reinstate a charge that has been
			 dismissed without a factual finding of guilt or innocence and remand the
			 disciplinary case to the disciplinary administrator;
(3) amend the charge in accordance with the
			 provisions of K.A.R. 44-13-202 and remand to the disciplinary administrator;
(4) disapprove the decision and
			 dismiss the case;
(5) reduce the
			 penalty;
(6) suspend all or part
			 of a sentence for a period of at least 90 but not more than 180 days;
(7) remand the case to the
			 disciplinary administrator and order a new hearing;
(8) remand the case to the disciplinary
			 administrator for clarification of the record, and return the case to the
			 warden for further consideration; or
(9) reduce the disciplinary report to a
			 summary judgment and impose one of the following:
(A) Restriction from privileges for not more
			 than 10 days;
(B) a fine not to
			 exceed $10.00;
(C) extra work
			 without incentive pay for not more than two hours each day, not to exceed five
			 days;
(D) work without incentive
			 pay, not to exceed five days. This penalty shall not include a fine and shall
			 apply only to ordinary inmate work assignments; or
(E) restitution of not less than $3.00 and
			 not more than $20.00.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-702 - Appeal on the record to the warden of the facility in class III offense cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In class III
			 offense cases, the inmate shall have a right of appeal to the warden of the
			 facility, and shall not have a right of appeal to the secretary of corrections.
(b) The procedure for appeal to
			 the warden of the facility shall be the same as that for appeal to the
			 secretary of corrections in class I and II offense cases.
(c) The same time to answer the appeal shall
			 be provided to the warden as that provided for the secretary of corrections in
			 class I and II offense cases.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-703 - Appeal on the record to secretary of corrections in class I and II offense cases only

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In class I
			 and II offense cases, the inmate shall have the right to appeal on the record
			 to the secretary of corrections from a final decision made by the disciplinary
			 hearing officer, after review of the decision by the warden. If a class III
			 offense is included among class I or II offenses, the class III offense shall
			 be subject to review by the secretary of corrections.
The inmate shall be notified of the right of appeal before or
				immediately following the warden's review.
(b) The inmate may, on forms provided by the
			 unit team, prepare the inmate's own appeal. The unit team shall ensure that all
			 data necessary to identify and properly log the appeal is provided and
			 forwarded to the disciplinary administrator.
(c) The inmate shall submit the appeal within
			 15 days of the date of receiving the inmate's copy of the final action.
(d) If the inmate pleads guilty or
			 no contest at the hearing, an appeal of the penalty imposed may be brought, but
			 no appeal of the finding of guilt shall be permitted unless the inmate alleges
			 and shows any of the following:
(1) The
			 inmate was under duress at the time of the plea.
(2) Fraud or substantial error was involved
			 in the inmate's plea of guilty or no contest.
(3) The inmate was not advised of the nature
			 of the hearing and the rights that the inmate would waive by that plea.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-704 - Secretary of corrections' final review on appeal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Within 15
			 working days after an appeal is received, all cases appealed to the secretary
			 shall be reviewed by the secretary or designee. Any of the following actions
			 may be taken by the secretary or designee:
(1) Approve the decision;
(2) reinstate a charge that has been
			 dismissed without a factual finding of guilt or innocence and remand the
			 disciplinary case to the disciplinary administrator for a new hearing;
(3) amend the charge in accordance
			 with K.A.R. 44-13-202 and remand the disciplinary case to the disciplinary
			 administrator for a new hearing;
(4) disapprove the decision and dismiss the
			 case;
(5) reduce the penalty;
(6) suspend all or part of a
			 sentence for at least 90 and not more than 180 days;
(7) remand the case to the disciplinary
			 administrator and order a new hearing;
(8) remand the case to the disciplinary
			 administrator for clarification of the record and return the case to the
			 secretary for further consideration;
(9) reduce the disciplinary report to a
			 summary judgment and impose one of the following:
(A) Restriction from privileges for not more
			 than 10 days;
(B) a fine not to
			 exceed $10.00;
(C) extra work
			 without incentive pay for not more than two hours each day, not to exceed five
			 days;
(D) work without incentive
			 pay, not to exceed five days. This penalty shall not include a fine and shall
			 apply only to ordinary inmate work assignments; or
(E) restitution of at least $3.00 and not
			 more than $20.00; or
(10) remand the case to the disciplinary
			 administrator with any instructions necessary to ensure compliance with the
			 disciplinary procedure and rules of conduct.
The date of receipt shall not be counted. The secretary's
				decision shall be final. A copy of the written appeal decision shall be given
				to the inmate within 15 working days following the secretary's decision. If the
				appeal is denied, the reason for that decision shall be included in the written
				appeal decision.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-706 - Administrative review board to review and make recommendations

Current through Register Vol. 43, No. 28, July 11, 2024
The administrative segregation review board established under
				the applicable internal management policy and procedure of the secretary may
				review the inmates held in disciplinary segregation. This board may, at any
				time, recommend to the warden or designee that the disciplinary segregation
				sentence of an inmate be modified to suspend the remaining segregation time
				based on a finding of the administrative disciplinary segregation review board
				that the inmate has maintained exceptionally good behavior while in
				segregation. The remaining segregation time of the inmate's sentence may be
				suspended by the warden or designee, acting on the recommendation of the
				administrative segregation review board.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 13 - DISCIPLINARY PROCEDURE › Section 44-13-707 - Harmless error; plain error

Current through Register Vol. 43, No. 28, July 11, 2024
None of the following types of errors shall be grounds for
				granting a new hearing, for setting aside a finding, or for vacating, modifying
				or otherwise disturbing a disposition or order, unless refusal to take that
				action appears to the hearing officer or the reviewing authority inconsistent
				with substantial justice:
(a) An
			 error in either the admission or exclusion of evidence;
(b) an error or defect in any ruling or
			 order;
(c) an error in anything
			 done or omitted by the hearing officer or by any of the facility officials in
			 processing the disciplinary case; or
(d) an error by the inmate in processing the
			 inmate's defense of the case.
Throughout the disciplinary process, the hearing officer or the
				reviewing authority shall disregard any error or defect in the proceeding that
				does not affect the substantial rights of the inmate or the facility.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-101 - Inmate or parolee grievance procedure; informal resolution; formal levels

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Throughout
			 this article comprising the grievance procedure, all references to inmates
			 shall include parolees, offenders, or both, supervised on either conditional
			 release or postrelease supervision unless the meaning is clearly to the
			 contrary. References to parolees shall include offenders supervised on either
			 conditional or postrelease supervision. References to the warden shall include
			 the parole director. The unit team equivalent shall be the parole officer.
(b) Before utilizing the grievance
			 procedure, the inmate shall be responsible for attempting to reach an informal
			 resolution of the matter with the personnel who work with the inmate on a
			 direct or daily basis. An inmate in a facility or parole setting shall contact
			 the unit team members for the attempt at informal resolution. That attempt
			 shall be documented. The facility's inmate request forms may be used to
			 document this process. If this informal resolution attempt fails, the grievance
			 system may then be used. If an emergency exists and a resolution could not be
			 obtained by going to the unit team, the inmate may go directly into the
			 grievance process.
(c) At each
			 stage, all grievances shall be answered in as short a time as possible to
			 insure that delay will not impose additional hardship upon the inmate or
			 unnecessarily prolong a misunderstanding. Grievances of inmates who have since
			 been transferred, paroled, or discharged shall be answered to the extent
			 possible.
(d) The grievance
			 procedure shall incorporate several levels of problem solving to assure
			 solution at the lowest administrative level possible.
(1) Level 1. The inmate shall first submit
			 the grievance report form to an appropriate unit team member of the facility.
			 The parolee shall first submit the form to the parole officer.
(2) Level 2. The inmate shall then submit the
			 grievance report form to the warden of the facility. The parolee shall then
			 submit the form to the regional parole director.
(3) Level 3. If not resolved, the grievance
			 may be next submitted to the office of the secretary of corrections. Either a
			 response to the grievance or referral of the matter to a deputy secretary of
			 corrections for additional investigation, if necessary, shall be made by the
			 warden. Grievances of inmates may be referred by the secretary to the deputy
			 secretary of corrections for facility management. Grievances of parolees may be
			 referred by the secretary to the deputy secretary of corrections for community
			 and field services management.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-101a - Grievance procedure distribution; orientation; applicability; remedies; advisory committee; investigation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Grievance
			 procedure regulations shall be distributed or made readily available to all
			 employees and inmates in each correctional facility.
(b) Each inmate and employee, upon admittance
			 to or employment by the facility, shall receive an oral explanation of the
			 grievance procedure, including an opportunity to have questions regarding the
			 procedure answered orally. Explanatory materials and the oral presentation
			 shall be available in any language spoken by a significant portion of the
			 facility's population. To the extent feasible, inmates who do not understand
			 English shall receive an explanation of the grievance procedure in a language
			 in which the inmate is fluent. Mentally impaired and physically handicapped
			 inmates shall receive explanations in a manner comprehensible to them. Parole
			 officers shall provide each parolee with a brief grievance procedure
			 orientation that explains the manner in which the system functions for
			 parolees. Following the explanation, each inmate and each parolee shall sign a
			 statement indicating that the required explanation has been given.
(c) All employees of the facility who are
			 directly involved in the operation of the grievance procedure shall receive
			 training in the skills necessary to operate, or participate in, the grievance
			 procedure.
(d)
(1) The grievance procedure shall be
			 applicable to a broad range of matters that directly affect the inmate,
			 including the following:
(A) Complaints by
			 inmates regarding policies and conditions within the jurisdiction of the
			 facility or the department of corrections; and
(B) actions by employees and inmates, and
			 incidents occurring within the facility.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-101b - Time limit for filing grievance

Current through Register Vol. 43, No. 28, July 11, 2024
Grievances shall be filed within 15 days from the date of the
				discovery of the event giving rise to the grievance, excluding Saturdays,
				Sundays and holidays. No grievance, regardless of time of discovery, shall be
				filed later than one year after the event. Any grievance filed later than these
				deadlines may be returned to the inmate without investigation. The name of the
				individual returning the grievance, the date of the return, and the reasons for
				the return shall be noted on the grievance. An inmate may move to the next
				stage of the grievance procedure if a timely response is not received at any
				step in the grievance process, unless an extension of time for the response is
				agreed to in writing by the inmate and staff person answering the grievance.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-102 - Procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Grievance
			 step one: preliminary requirement; informal resolution and problem solving at
			 unit team level.
(1) Each inmate shall first
			 seek information, advice, or help on any matter from the inmate's unit team, or
			 from a member of the team. If unable to solve the problem, the unit team shall
			 refer the inmate to the proper office or department. The unit team shall assist
			 those inmates who are unable to complete the form themselves.
(2) If an inmate does not receive a response
			 from the unit team within 10 calendar days, a grievance report may be sent to
			 the warden without the unit team signature or signatures. Each grievance report
			 form shall include an explanation of the absence of the signature or
			 signatures.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-104 - Reprisals prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Inmates. No
			 adverse action shall be taken against any inmate for use of the grievance
			 procedure unless the inmate uses the grievance procedure for any of the
			 following purposes:
(1) To communicate a
			 threat to another person or to the security of the facility;
(2) to make a complaint knowing that it is
			 false, malicious, or made in bad faith; or
(3) to commit any unlawful act.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-105 - Records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Nature.
			 Records regarding the filing and disposition of grievances shall be collected
			 and maintained systematically by the correctional facility. These records shall
			 be preserved for at least three years following final disposition of the
			 grievance. These records shall include aggregate information regarding the
			 numbers, types and dispositions of grievances, as well as individual records of
			 the date of and the reasons for each disposition at each stage of the
			 procedure. The logs and records shall be in a form and manner prescribed by
			 secretary of corrections policy and procedure.
(b) Confidentiality. Records regarding the
			 participation of an individual in grievance proceedings shall be considered
			 confidential and shall be handled under the same procedures used to protect
			 other confidential case records. Consistent with ensuring confidentiality,
			 members of the staff who are participating in the disposition of a grievance
			 shall have access to records essential to the resolution of the grievance.
			 This, however, shall not permit review of inmate files by other inmates.
			 Grievance report forms shall not be placed in the inmate's departmental file.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-105a - Annual review

Current through Register Vol. 43, No. 28, July 11, 2024
The records regarding the filing and disposition of grievances
				shall be reviewed annually by the secretary of corrections to determine the
				effectiveness and credibility of the grievance process. The review shall
				include an analysis of the types of grievances received, the types and levels
				of disposition, and any complaints that have been received about the grievance
				procedure itself. The review shall also include solicitation and consideration
				of employee and inmate comments on the effectiveness and credibility of the
				grievance procedure. The secretary of corrections may designate an appropriate
				deputy secretary of corrections to conduct the review.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-106 - Emergency procedure

Current through Register Vol. 43, No. 28, July 11, 2024
"Emergency grievances" shall mean those grievances for which
				disposition according to the regular time limits would subject the inmate to a
				substantial risk of personal injury, or cause other serious and irreparable
				harm to the inmate. In emergency situations the inmate may bypass the
				prerequisite of informal resolution if going to the unit team would not obtain
				a solution to the problem. The inmate shall indicate on the face of the
				grievance form the nature of the emergency and shall write the word "emergency"
				at the top of the grievance report form. Emergency grievances shall be
				forwarded immediately, without substantive review, to the level at which
				corrective action can be taken. Emergency grievances shall be expedited at
				every level. The same external review provisions that apply to regular
				grievances shall apply to emergency grievances.
If the person at the corrective action level determines that
				the grievance is not an emergency, that fact shall be included on the grievance
				form and the form shall be signed by the person who made that determination.
				The grievance may then be processed from that point on as a regular grievance.
				If necessary for a proper response the grievance may be sent for processing at
				a lower level.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-201 - Special kinds of problems

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If an inmate
			 wants to bring a problem to the attention of a higher authority without going
			 through the grievance procedure, the inmate may address as official mail a
			 sealed letter or grievance report form to the warden of the facility, the
			 secretary of corrections, or the state pardon attorney. However, these letters
			 or grievance report forms should be reserved for the most difficult and complex
			 problems. Generally, any matter that can be internally handled under the inmate
			 grievance procedure shall not be considered as appropriate for the use of the
			 official mail correspondence privilege.
(b) Any department of corrections or facility
			 official who receives a complaint letter may return it to the inmate with
			 instructions to the inmate to make use of and follow the proper grievance
			 procedure if, in the opinion of the official, the matter is appropriate for
			 handling through the grievance procedure.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-203 - Ombudsman

Current through Register Vol. 43, No. 28, July 11, 2024
The department of corrections grievance procedure is provided
				for its inmates and parolees, and shall not in any way replace any other
				complaint system provided by the state ombudsman for corrections. The functions
				of the ombudsman for corrections are described in writing and made available to
				inmates.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 15 - GRIEVANCE PROCEDURE FOR INMATES › Section 44-15-204 - Special procedures for sexual abuse grievances; sexual harassment grievances and grievances alleging retaliation for filing same; reports of sexual abuse or sexual harassment submitted by third parties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definitions. For the purpose of this
			 regulation, each of the following terms shall have the meaning specified in
			 this subsection:
(1) "Sexual abuse of an
			 inmate by another inmate" means any of the following acts if the victim does
			 not consent, is coerced into the act by overt or implied threats of violence,
			 or is unable to consent or refuse:
(A) Contact
			 between the penis and the vulva or the penis and the anus, including
			 penetration, however slight;
(B)
			 contact between the mouth and the penis, vulva, or anus;
(C) penetration of the anal or genital
			 opening of another person, however slight, by a hand, finger, or object;
			 or
(D) any other intentional
			 touching, either directly or through the clothing, of the genitalia, anus,
			 groin, breast, inner thigh, or the buttocks of another person, excluding
			 contact incidental to a physical altercation.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 16 - REPORTING AND CLAIMS PROCEDURE FOR LOST OR DAMAGED PROPERTY OR FOR PERSONAL INJURY › Section 44-16-102 - Reporting loss or damage to property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 shall report every loss of or damage to the inmate's own property immediately.
			 In reporting property damage or loss, inmates shall use applicable avenues of
			 redress as established by internal management policies and procedures. These
			 procedures shall be strictly followed.
(b) The facility warden shall not be required
			 to accept any property loss or damage claim unless it is made within 15 working
			 days of the discovery of the loss. The warden shall not be required to accept
			 any claim at all if both of the following conditions are met:
(1) The claim is submitted later than one
			 year and one day after the date of the loss, regardless of when the loss was
			 discovered.
(2) The inmate could
			 have discovered the loss by exercising reasonable effort to know the status of
			 the inmate's property and money.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 16 - REPORTING AND CLAIMS PROCEDURE FOR LOST OR DAMAGED PROPERTY OR FOR PERSONAL INJURY › Section 44-16-104a - Inmate claims for personal injury

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate
			 claim for personal injury shall be submitted to the facility and secretary of
			 corrections within 10 calendar days of the claimed personal injury.
(b) Each claim described in subsection (a)
			 shall be submitted and processed in accord with the department of corrections'
			 internal management policies and procedures.
(c) The requirement that the inmate submit
			 the claim as described in subsection (a) shall apply whether or not the inmate
			 pursues a grievance pursuant to article 15 and whether or not the inmate files
			 a claim with the legislative joint committee on special claims against the
			 state.
Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 16 - REPORTING AND CLAIMS PROCEDURE FOR LOST OR DAMAGED PROPERTY OR FOR PERSONAL INJURY › Section 44-16-105 - Property at own risk

Current through Register Vol. 43, No. 28, July 11, 2024
An inmate shall be deemed to own personal property at the
				inmate's own risk. Loss or damage of personal property shall not provide a
				basis for recovery on a claim unless the loss or damage directly resulted from
				the intentional or negligent act or omission of a correctional employee and was
				reported according to applicable internal management policies and procedures.
This amendment shall be effective on and after February 15,
				2002.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 200 - PAROLE HEARING PROCEEDINGS › Section 45-200-1 - Attendance at hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as provided in subsection (b), attendance at any
				parole hearing held at a correctional institution shall be limited to the
				following:
(1) Any individual who is on the board's staff;
(2) the inmate;
(3) the person responsible for coordination of the parole plan
				for that inmate;
(4) a representative of the inmate's unit team or another
				designated institution staff member;
(5) any additional employee of the department of corrections
				who wishes to attend the hearing and who receives prior approval from the
				board; and
(6) if the parole applicant does not offer an objection, a
				limited number of persons who have a professional interest in parole procedures
				and who have received prior approval from the board.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 200 - PAROLE HEARING PROCEEDINGS › Section 45-200-2 - Single board member hearings; review and appeals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a single board member conducts a parole hearing, the
				findings of that member shall be reviewed and approved in accordance with
				K.S.A. 22-3709, and amendments thereto, before the findings and decision become
				final. If there is a disagreement between the member who conducted the hearing
				and the member who reviewed the findings, the decision shall be submitted for
				review by another board member. The presence of the inmate shall not be
				required at either of these reviews.
(b) A request to reconsider a board decision shall be granted
				only on the basis that the inmate has new information that was unavailable at
				the prior hearing. Each request for reconsideration shall be made to the board
				in writing and shall detail the new evidence that was unavailable at the prior
				hearing. The presence of the inmate shall not be required when the matter is
				reconsidered.
(c) An inmate who is appealing a sentence or conviction shall
				not be adversely affected in the parole process or deliberations. However, the
				parole hearing may be continued by the board for a reasonable time for the
				purpose of clarifying the status of the appeal to make certain that the board
				is considering the applicant's parole suitability with respect to the proper
				sentence.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 300 - DOCKETS › Section 45-300-1 - Docketing regular parole hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each case shall be docketed by the board for a regular
				parole hearing when all of the following prerequisites have been met:
(1) The inmate has achieved parole eligibility status under the
				requirements of K.S.A. 21-4608  and K.S.A. 22-3717, and amendments thereto, and
				department of corrections regulations.
(2) The preparole investigation has been completed.
(3) During the month preceding the proposed docketing of the
				parole hearing, a public comment session has been conducted by the board.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 300 - DOCKETS › Section 45-300-2 - Absence of inmate at docketed hearing

Current through Register Vol. 43, No. 28, July 11, 2024
If an inmate is unable to appear for a scheduled hearing due to
				a physical or mental condition, absence from the facility, in absentia status,
				or other reasons, the inmate's hearing shall be rescheduled for the next
				regularly scheduled hearing date at that facility after the inmate becomes
				available, unless otherwise ordered by the board.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 400 - RELEASE TO SUPERVISION › Section 45-400-1 - General provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Following each parole hearing, the parole board's findings
				and recommendations shall be prepared in writing. These findings and
				recommendations shall be used to prepare a final action notice. Appropriate
				department of corrections personnel shall be provided with copies of the final
				action notice. The final action notice shall not be divulged to any other party
				until notice of the board's action has been sent to the inmate.
(b) The release condition or conditions established by the
				board, if any, shall not be modified or waived except by order of the board.
(c) If the board needs additional information after the parole
				hearing concerning the inmate or the inmate's parole plan, the decision on the
				inmate's parole hearing may be delayed for a reasonable length of time so the
				necessary information can be obtained.
(d) Each inmate who is on postrelease supervision or parole
				shall remain in the legal custody of the secretary of corrections and subject
				to orders of the secretary.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 400 - RELEASE TO SUPERVISION › Section 45-400-2 - Parole plan

Current through Register Vol. 43, No. 28, July 11, 2024
Each inmate who has been granted parole subject to an approved
				parole plan shall remain in confinement until the board or its designee
				approves a satisfactory parole plan.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 400 - RELEASE TO SUPERVISION › Section 45-400-3 - Release

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Release dates.
(1) Any inmate who has been granted parole and has been
				assigned to a specific parole office may receive a release date when placement
				arrangements are completed and approved.
(2) A specific release date may be designated by the board in
				order to comply with statutory parole eligibility or for any other special
				cause as determined on a case-by-case basis. Requests for advance release may
				be considered by the board for valid reasons, subject to investigation and
				confirmation by proper authorities.
(3) If an inmate's release date falls on a Saturday or Sunday,
				or on a holiday observed by the department of corrections, the inmate may be
				released on the last workday before the computed release date.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 400 - RELEASE TO SUPERVISION › Section 45-400-4 - Deferred release

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The release of any inmate who has been granted parole may
				be deferred or the parole may be rescinded on the basis of any one or more of
				the following factors:
(1) Department of corrections staff finds that there is
				probable cause to believe that the inmate committed a facility infraction
				before being released.
(2) The parole plan does not provide for sufficient supervision
				or does not adequately provide for public safety or for the successful
				integration of the inmate.
(3) Information that was not available at the hearing indicates
				that the inmate cannot reasonably lead a law-abiding life.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 600 - CONDITIONAL RELEASE › Section 45-600-1 - General provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each inmate who has served the maximum sentence, less all
				projected good time credits and subject to adjustment for any forfeiture of
				good time credits, shall be placed on conditional release.
(b) Each offender on conditional release status shall be placed
				under parole supervision in the same manner as that for other parolees and
				shall be subject to the same terms and conditions as those for other parolees.
				If the parole officer establishes probable cause that an offender has violated
				the conditions of conditional release, the offender may be returned to
				confinement, subject to the opportunity for a final revocation hearing and to
				an order of the board, which shall be considered in the same manner as that for
				a parole violator. The offender shall have the same rights at the final
				revocation hearing as those of a parolee under K.A.R. 45-500-2.
(c) Each parolee who achieves conditional release status while
				on parole shall continue under supervision of the parolee's parole officer. The
				conditions of parole shall not be changed by the fact that the parolee reached
				conditional release status.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 700 - RELEASE OF FUNCTIONALLY INCAPACITATED INMATES › Section 45-700-1 - Application for release

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the secretary believes that an inmate is functionally
				incapacitated, an application for release may be submitted to the board by the
				secretary. The application shall be accompanied by documentation attesting to
				and describing the inmate's functional incapacity. This documentation shall be
				prepared by a medical doctor and, as needed, by a mental health professional.
				The documentation shall include a comprehensive description of the inmate's
				condition and prognosis.
(b) For the purposes of this article, "functional
				incapacitation" means that an inmate has a condition caused by injury, disease,
				or illness, including dementia, that is determined, to a reasonable degree of
				medical certainty, to permanently render the inmate physically or mentally
				incapacitated to the extent that the inmate lacks effective capacity to cause
				physical harm.
(c) The application shall include a release plan, which shall
				provide details about where the inmate will reside and shall identify all
				treatment providers and facilities to be used by the inmate.
Before the inmate's release, this release plan shall be subject
				to review and approval by department of corrections (DOC) staff in the same
				manner as any other release plan.
(d) All medical and treatment records pertaining to the inmate
				shall be available for review by the board, upon its request. If deemed
				necessary by the board, a second medical opinion may be requested.
Kansas Administrative Regulations › Agency 45 - KANSAS PAROLE BOARD › Article 700 - RELEASE OF FUNCTIONALLY INCAPACITATED INMATES › Section 45-700-2 - Review and consideration of application for release

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On receipt of the secretary's application for release of a
				functionally incapacitated inmate, a member of the board shall review the
				application and, with assistance from DOC staff, shall ensure that the
				following steps are taken:
(1) The written notification of the application provided by the
				secretary to each prosecuting attorney and the judge of each court in which the
				inmate was convicted shall include confidential copies of each medical or
				mental health report documenting the incapacitating condition. The
				confidentiality of these reports shall be maintained.
(2) The written notification of the application provided by the
				secretary to each victim or, if any victim is deceased, to one or more members
				of the victim's family with known addresses shall not include any of the
				confidential medical or mental health reports documenting the incapacitating
				condition. However, a general description of the inmate's incapacity shall be
				included in the written notification.