Session Law

Identifying Information:L. 2002 ch. 154
Other Identifying Information:2002 Senate Bill 652
Tax Type:Other
Brief Description:An Act concerning corrections; relating to inmate status and classification;amending K.S.A. 75-5210 and repealing the existing section.




An Act concerning corrections; relating to inmate status and classification;

amending K.S.A. 75-5210 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 75-5210 is hereby amended to read as follows: 75-

5210. (a) Persons committed to the institutional care of the secretary of

corrections shall be dealt with humanely, with efforts directed to their

rehabilitation and return to the community as safely and promptly as

practicable. For these purposes, the secretary shall establish programs of

classification and diagnosis, education, casework, mental health, counsel-

ing and psychotherapy, chemical dependency counseling and treatment,

sexual offender counseling, prerelease programs which emphasize re-en-

try skills, adjustment counseling and job placement, vocational training

and guidance, work, library, physical education and other rehabilitation

and recreation services; the secretary may establish facilities for religious

worship; and the secretary shall institute procedures for the study and

classification of inmates. The secretary shall maintain a comprehensive

record of the behavior of each inmate reflecting accomplishments and

progress toward rehabilitation as well as charges of infractions of rules

and regulations, punishments imposed and medical inspections made.

(b) Programs of work, education or training shall include a system of

promotional rewards entitling inmates to progressive transfer from high

security status to a lesser security status. The secretary shall have authority

at any time to transfer an inmate from one level of status to another level

of status. Inmates may apply to the secretary for such status privileges.

The secretary shall adopt rules and regulations a custody classification

manual establishing standards relating to the transfer of an inmate from

one status to another, and in developing such standards the secretary shall

take into consideration progress made by the inmate toward attaining the

educational, vocational and behavioral goals set by the secretary for the

individual inmate. In order to facilitate the reintegration into the com-

munity of some inmates who are scheduled for release within the next 90

days, there shall be a presumption of minimum security status for those

offenders who have been returned to prison for violating conditions of

their postrelease supervision not involving a new criminal conviction and

whose last facility security custody status was not either special manage-

ment or maximum. This presumption shall be applied to the initial security

custody status assigned to the offender upon readmission into a correc-

tional facility unless the security custody status is increased pursuant to

policies adopted by the secretary. The security custody status designated

by the department shall not be subject to judicial review.

(c) The secretary, with the cooperation of the department of health

and environment, shall adopt rules and regulations establishing and pre-

scribing standards for health, medical and dental services for each insti-

tution, including preventive, diagnostic and therapeutic measures on both

an outpatient and a hospital basis, for all types of patients. An inmate may

be taken, when necessary, to a medical facility outside the institution.

(d) Under rules and regulations adopted by the secretary, directors

of institutions may authorize visits, correspondence and communication,

under reasonable conditions, between inmates and appropriate friends,

relatives and others.

(e) The secretary shall adopt rules and regulations under which in-

mates, as part of a program anticipating their release from minimum

security status, may be granted temporary furloughs from a correctional

institution or contract facility to visit their families or to be interviewed

by prospective employers.

(f) The secretary shall adopt rules and regulations for the mainte-

nance of good order and discipline in the correctional institutions, in-

cluding procedures for dealing with violations. Disciplinary rules and reg-

ulations may provide a system of punishment including segregation,

forfeitures of good time earned, fines, extra work, loss of privileges, re-

strictions and payment of restitution.

The secretary and any persons designated by rules and regulations of

the secretary may administer oaths for the purpose of conducting inves-

tigations and disciplinary proceedings pursuant to rules and regulations

adopted by the secretary under this subsection and under K.S.A. 75-5251

and amendments thereto. For this purpose, the secretary shall adopt rules

and regulations designating those persons who may administer oaths in

such investigations and proceedings and the form and manner of admin-

istration of the oaths.

(g) A copy of the rules and regulations adopted pursuant to subsec-

tion (f) shall be provided to each inmate. Other rules and regulations of

the secretary which are required to be published pursuant to K.S.A. 77-

415 through 77-437, and amendments thereto, shall be made available to

inmates by placing a copy in the inmate library at the institution or by

some other means providing reasonable accessibility to inmates.

(h) Any inmate participating in work and educational release pro-

grams under the provisions of K.S.A. 75-5267 and amendments thereto

shall continue to be in the legal custody of the secretary of corrections,

notwithstanding the inmate's absence from a correctional institution by

reason of employment, education or for any other purpose related to such

work and educational release programs, and any employer or educator of

that person shall be considered the representative or agent for the sec-


(i) The secretary shall establish administrative and fiscal procedures

to permit the use of regional or community institutions, local govern-

mental or private facilities or halfway houses for the placement of inmates

released for the purposes of this act and for the work and educational

release programs under K.S.A. 75-5267 and amendments thereto.

(j) The secretary may establish correctional work facilities and select

inmates to be assigned to such facilities.

(k) The secretary may acquire, in the name of the state, by lease,

purchase or contract additional facilities as may be needed for the housing

of persons in the secretary's custody.

(l) The secretary is hereby authorized to use any of the inmates as-

signed to the secretary's custody in the construction and repair of build-

ings or property on state owned or leased grounds.

(m) For the purposes of establishing and carrying out the programs

provided for by subsection (a) and by K.S.A. 75-5267 and amendments

thereto, the secretary may contract with qualified individuals, partner-

ships, corporations or organizations; with agencies of the state; or with

the United States or any political subdivision of the state, or any agency


Sec. 2. K.S.A. 75-5210 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 17, 2002.


Date Composed: 10/10/2002 Date Modified: 10/10/2002