HOUSE BILL No. 2132
An Act concerning county jails; relating to inmate fees to defray maintenance costs;
amending K.S.A. 19-1930 and repealing the existing section.
Section 1. K.S.A. 19-1930 is hereby amended to read as follows: 19-
1930. (a) The sheriff or the keeper of the jail in any county of the state
shall receive all prisoners committed to the sheriff's or jailer's custody by
the authority of the United States or by the authority of any city located
in such county and shall keep them safely in the same manner as prisoners
of the county until discharged in accordance with law. The county main-
taining such prisoners shall receive from the United States or such city
compensation for the maintenance of such prisoners in an amount equal
to that provided by the county for maintenance of county prisoners and
provision shall be made for the maintenance of such prisoners in the same
manner as prisoners of the county. The governing body of any city com-
mitting prisoners to the county jail shall provide for the payment of such
compensation upon receipt of a statement from the sheriff of such county
as to the amount due therefor from such city.
(b) The sheriff or the keeper of the jail in any county of the state
shall receive all prisoners committed to the sheriff's or jailer's custody
pursuant to K.S.A. 75-5217, and amendments thereto, and shall keep
them safely in the same manner as prisoners of the county until dis-
charged in accordance with law or until otherwise ordered by the secre-
tary of corrections. The cost of maintenance of such prisoners, including
medical costs of such prisoners shall be paid by the department of cor-
rections in an amount equal to that provided by the county for mainte-
nance of county prisoners.
(c) In lieu of charging city authorities for the cost of maintenance of
prisoners as provided by subsections (a) and (b), the board of county
commissioners of Sedgwick county may levy a tax not to exceed one mill
upon all tangible taxable property of the county to pay such costs and the
costs of maintaining county prisoners. No revenue derived from such levy
shall be used to pay the costs of maintenance of prisoners committed to
the jail by federal or state authorities, or authorities of other counties or
cities in other counties. For the purpose of this subsection, if any portion
of a city is located within a county levying a tax hereunder, all prisoners
of such city shall be deemed prisoners of such county.
(d) The board of county commissioners of a county may provide by
resolution that any inmate of the county jail who participates in a work
release or job training program for which the inmate receives compen-
sation or a subsistence allowance shall be required to pay to the county
an amount not exceeding $10 $20 per day to defray costs of maintaining
such inmate in the county jail. Such resolution shall provide for reduction
or waiver of such amount in instances in which payment would create
undue hardship for an inmate. The inmate shall pay any amount charged
pursuant to such resolution, in cash or by money order, to the county
treasurer, who shall deposit the entire amount in the county treasury and
credit it to the county general fund. If payment is made in cash, the county
treasurer shall provide the inmate with a written receipt for such pay-
ment. If the county is otherwise entitled to receive reimbursement or
compensation for the maintenance of an inmate who is required to pay
an amount pursuant to such resolution, the amount paid by such inmate
shall be deducted from the amount of the other reimbursement or com-
pensation to which the county is entitled.
(e) If any sheriff or jailer neglects or refuses to perform the services
and duties required by the provisions of this act, the sheriff or jailer shall
be subject to the same penalties, forfeitures and actions as if the prisoners
had been committed under the authority of this state.
(f) Attorneys of prisoners held in a county jail shall be permitted to
visit them professionally at all reasonable hours.
Sec. 2. K.S.A. 19-1930 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 14, 2002.
Date Composed: 10/29/2003 Date Modified: 10/29/2003