Session Law

Identifying Information:L. 2003 ch. 122
Other Identifying Information:2003 House Bill 2088
Tax Type:Other
Brief Description:An Act concerning the department of corrections; relating to inmate assistance upon release; amending K.S.A. 75-5211 and repealing the existing section.
Keywords:


Body:

CHAPTER 122

HOUSE BILL No. 2088

An Act concerning the department of corrections; relating to inmate assistance upon

release; amending K.S.A. 75-5211 and repealing the existing section.


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

Section 1. K.S.A. 75-5211 is hereby amended to read as follows: 75-

5211. (a) The secretary of corrections shall provide programs of employ-

ment, work, educational or vocational training for those inmates whom

the secretary determines are available, willing and able to participate and

are capable of benefiting therefrom. Equipment, management practices

and general procedures shall, to the extent possible, approximate normal

conditions of employment. Such work week may include schooling, vo-

cational training, employment at private industry, treatment or other ac-

tivities authorized by the secretary. For all purposes under state law, no

inmate shall be deemed to be an employee of the state or any state agency.

The secretary of corrections may credit to each inmate as a reward for

such employment, an amount which shall be set by the secretary of cor-

rections. Any inmate who is gainfully employed under the work release

provisions of K.S.A. 75-5267 and 75-5268, and amendments thereto, or

who is gainfully employed by a private business enterprise operating on

the grounds of a correctional institution under K.S.A. 75-5288, and

amendments thereto, or any other private business at which inmates are

permitted to be gainfully employed, and any inmate who is incarcerated

at the Topeka correctional facility for the purpose of receiving diagnosis

and any inmate on disciplinary segregation status shall not be eligible to

receive compensation as provided in this subsection.

(b) The secretary of corrections shall establish programs and pre-

scribe procedures for withdrawing amounts from the compensation paid

to inmates from all sources for the same purposes as are prescribed by

K.S.A. 75-5268, and amendments thereto for moneys of work release

participants, except that any inmate employed in a private industry pro-

gram, other than work release, shall, in addition to the deductions spec-

ified in K.S.A. 75-5268, and amendments thereto, have deduction of 5%

of monthly gross wages paid to the crime victims compensation fund or

a local property crime fund for the purpose of victim compensation. The

department of corrections is authorized to make this deduction and pay-

ment to the crime victims compensation fund or a local property crime

fund. In the event a local fund has made a payment to a victim of a

property crime under this act and there is an order of restitution for which

moneys are being withheld from an inmate under K.S.A. 75-5268, and

amendments thereto, the secretary shall cause such moneys deducted for

use by the state crime victims compensation board to be paid quarterly

to the local fund, if any, then the balance to the state crime victims com-

pensation fund. If there is no order of restitution, then K.S.A. 75-5268,

and amendments thereto shall apply to the disposition of funds.

(c) (1) Upon the initial release of any inmate on parole, conditional

release, postrelease supervision or expiration of the inmate's maximum

sentence, the inmate shall be provided with suitable clothing and, if the

inmate has a balance of $500 or less in the inmate's trust account, a cash

payment of $100. If the inmate subsequently violates a condition of re-

lease resulting in reincarceration and is thereafter again released on pa-

role, conditional release, postrelease supervision or expiration of the in-

mate's maximum sentence, the inmate may be provided, pursuant to rules

and regulations of the secretary of corrections, with a cash payment of

not more than $100. Any inmate who is gainfully employed under the

work release provisions of K.S.A. 75-5267 and 75-5268, and amendments

thereto, or who is gainfully employed by a private business enterprise

operating on the grounds of a correctional institution under K.S.A. 75-

5288, and amendments thereto, or any other private business at which

inmates are permitted to be gainfully employed, or any inmate paroled

or released to a detainer shall not be eligible to receive this cash payment

unless the inmate is released to the community within 30 days of the

execution of the detainer.

(2) An inmate released on expiration of the inmate's maximum sen-

tence shall be provided public transportation, if required, to the inmate's

home, if within the state, or, if not, to the place of conviction or to some

other place not more distant, as selected by the inmate. An inmate re-

leased on parole or conditional release shall be provided public transpor-

tation, if required, to the place to which the inmate was paroled or con-

ditionally released.

Sec. 2. K.S.A. 75-5211 is hereby repealed.

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

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003