75-5203. Department of corrections; secretary; appointment and confirmation; salary and expenses; qualifications; oath; application of K-GOAL. (a) There is hereby established the department of corrections, the chief executive officer of which shall be the secretary of corrections. The secretary shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as secretary shall exercise any power, duty or function as secretary until confirmed by the senate. In case of a vacancy in the office of secretary, the governor shall appoint a successor in the manner that the original appointment was made. The secretary shall receive an annual salary fixed by the governor, which shall be payable in equal monthly installments. In addition, the secretary shall be entitled to receive actual and necessary traveling and subsistence expenses incurred in the performance of the secretary's official duties.
(b) Except as provided by subsection (c), no person shall be eligible for appointment to, or hold the position of, secretary of corrections unless such person:
(1) Has had at least five years' experience in the field of corrections or as an executive officer in the administration of federal or state penal or correctional institutions; or
(2) (A) has had at least three years' experience in the field of corrections or as an executive officer in the administration of federal or state penal or correctional institutions; and (B) has a degree from an accredited college or university, which degree is based on penology or a related field as a major of study; or
(3) (A) has had at least five years' experience as a federal, appellate or district judge or federal, district or county prosecutor, five years' experience in military administration or administration of a criminal justice agency or five years' administrative experience treating criminal offenders through programs involving penal custody, parole, probation and sentencing; (B) has a degree from an accredited college or university, which degree is in a social or behavioral science, penology, corrections, criminal justice, police science, criminology, public administration, local corrections programs or a related field; and (C) has demonstrated administrative ability and leadership.
(c) If the governor is unable to appoint a person as secretary who possesses the qualifications required by subsection (b), the governor may appoint a person without such qualifications as acting secretary, who shall be subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as acting secretary shall exercise any power, duty or function as acting secretary until confirmed by the senate.
(d) Before entering upon the duties of the office, the secretary shall take and subscribe an oath to faithfully and honestly discharge the duties of the office to the best of the secretary's knowledge and ability.
(e) The provisions of the Kansas governmental operations accountability law apply to the department of corrections, and the department is subject to audit, review and evaluation under such law.
History: L. 1973, ch. 339, § 3; L. 1974, ch. 403, § 5; L. 1977, ch. 305, § 1; L. 1981, ch. 299, § 38; L. 1982, ch. 347, § 67; L. 1987, ch. 349, § 1; L. 1992, ch. 116, § 47; L. 2001, ch. 86, § 12; L. 2008, ch. 121, § 28; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 52 - Department Of Corrections
75-5201 Purpose and construction.
75-5204 Division within department; deputy secretaries; qualifications and salary.
75-5205 Powers and duties of secretary of corrections; employees; office space.
75-5211 Inmate employment and training; withdrawals from pay; assistance upon release.
75-5212 Training for corrections and parole officers.
75-5214 Parole officers; appointment; powers; expenses; volunteer or contract services.
75-5216 Parole officers; duties; guidance developed by secretary of corrections.
75-5219 Copy of evidence transmitted to secretary; use of record.
75-5222 Apprehension of escaped inmate; warrant for; reward for apprehension.
75-5223 Religious materials, furnishing to inmates.
75-5224 Contagious disease or catastrophe; removal of inmates.
75-5225 Defect in order of commitment, no ground for action against warden or secretary.
75-5226 Unlawful use of inmate labor.
75-5229 Women sentenced to secretary's custody; examination, study, program; juvenile inmate.
75-5233 Contracting for transportation of inmates.
75-5246 Wardens, appointment; civil service; references to former director means warden.
75-5247 Oaths of corrections officers; uniforms.
75-5247a Powers and duties of corrections officers.
75-5248 Social counselor, psychologist or psychiatrist for certain correctional institutions.
75-5249 Chief physician; duties.
75-5252 Duties of wardens of institutions.
75-5253 Rules and regulations; contracts.
75-5254 Accounts and monthly reports by warden.
75-5255 Reports of operations, moneys and property by warden.
75-5257 Money and property of inmates; accounts.
75-5258 Deputy wardens; designation; duties.
75-5259 Record of conduct of inmates; report.
75-5260 Release of inmate from confinement unaccompanied by custodial agent, when.
75-5266 Psychiatric evaluation reports privileged.
75-5268 Work release and job training programs; disposition of compensation.
75-5275a Same; home building program; limitations on production of manufactured or modular homes.
75-5277 Same; exceptions to mandatory purchase requirement.
75-5280 Same; prices determined by secretary of corrections; exception for private enterprises.
75-5281 Prison-made goods; self-liquidating contracts.
75-5282 Correctional industries fund.
75-5284 Goods, wares and merchandise divested of interstate character on arrival in state.
75-5285 Transfer of existing designations to parole authority or officers.
75-5289 Same; disposition of lease proceeds.
75-5292 Same; qualifications; powers of county commissioners preserved; cooperative agreements.
75-5295 Powers of counties or groups of counties under act.
75-5298 Corrections advisory boards; terms; vacancies; officers; open proceedings, rules.
75-5299 Same; participation in formulating comprehensive plans.
75-52,102 Comprehensive plans for correctional services; requirements; new program proposals.
75-52,105 Semiannual grant payments; certified expenditure statements by counties.
75-52,107 State and county purchase of correctional services from grant-receiving counties.
75-52,111 Community corrections grants; determination of grant amounts; reductions.
75-52,113 Community corrections supervision fund.
75-52,121 Same; terms and conditions of repayment; period of loan.
75-52,122 Ellsworth correctional facility; establishment.
75-52,124 Same; management and control; warden.
75-52,125 Control and management of certain buildings and grounds used as correctional institutions.
75-52,126 Payment of claims to medical vendors not filed within fiscal year; limitation.
75-52,128 Inmate housing opportunities in cities and counties; secretary to consider.
75-52,131a Same; vesting of properties; references in statutes and other documents.
75-52,132 Community correctional conservation camp in Labette county; approved for bond financing.
75-52,133 Prohibition of certain local and private prisons.
75-52,134 Use of Topeka correctional facility.
75-52,135 Personal property of inmates, abandonment; disposition.
75-52,136 Lease of land under secretary's control for production of oil, gas or other minerals.
75-52,138 Certain civil actions filed by inmate; exhaustion of administrative remedies required.
75-52,140 Severability clause.
75-52,141 Conveyance of real estate in Ellsworth county.
75-52,142 Same; definition of tracts; authority of secretary.
75-52,142a Conveyance of real estate in Leavenworth county; authority of the secretary.
75-52,145 Secretary authorized to convey property in Reno county to city of Hutchinson.
75-52,146 Comprehensive plan for prison expansion, specialized facilities and training academy.
75-52,149 High-risk sex offenders; graduated risk assessment.
75-52,150 Correctional services special revenue fund.
75-52,151 Department of corrections forensic psychologist fund.
75-52,152 Prisoner review board; establishment.
75-52,153 Same; Kansas parole board abolished.
75-52,154 Same; successor to Kansas parole board.
75-52,155 Same; transfer of funds and accounts; use.
75-52,156 Same; conflicts; property and records.
75-52,157 Same; no abatement of civil as criminal proceedings.
75-52,159 Secretary authorized to purchase St. Francis boy's home.
75-52,160 Justice reinvestment working group; members; duties.
75-52,161 Juvenile justice oversight committee.
75-52,162 Confidential data exchange for juvenile justice system.
75-52,163 Funding for juvenile immediate intervention programs.
75-52,164 Evidence-based programs account of the state general fund.
75-52,166 Authorization to convey property in Mitchell county to the city of Beloit.
75-52,169 Same; budget for projects; authorization for establishment of a nonprofit corporation.
75-52,170 Same; duties of the secretary; requirements of agreements.