75-5210. Treatment of inmates; records; security status, incentives and presumption for certain offenders; health standards; furloughs; disciplinary rules and regulations; work and educational release; correctional work facilities; construction and repair of state buildings; contracts. (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, counseling and psychotherapy, chemical dependency counseling and treatment, sexual offender counseling, prerelease programs which emphasize re-entry 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 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 community 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 management or maximum. Inmates sentenced to a state facility designated by the secretary to participate in an intensive substance abuse treatment program, shall have a presumption of minimum security status. These presumptions of minimum security status shall be applied to the initial security custody upon readmission into a correctional facility or admission into a state facility to participate in an intensive substance abuse treatment program, 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 prescribing standards for health, medical and dental services for each institution, 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 inmates, 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 maintenance of good order and discipline in the correctional institutions, including procedures for dealing with violations. Disciplinary rules and regulations may provide a system of punishment including segregation, forfeitures of good time earned, fines, extra work, loss of privileges, restrictions 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 investigations 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 administration of the oaths.
(g) A copy of the rules and regulations adopted pursuant to subsection (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 programs 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 secretary.
(i) The secretary shall establish administrative and fiscal procedures to permit the use of regional or community institutions, local governmental 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 assigned to the secretary's custody in the construction and repair of buildings 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, partnerships, corporations or organizations; with agencies of the state; or with the United States or any political subdivision of the state, or any agency thereof.
History: L. 1973, ch. 339, § 10; L. 1978, ch. 368, § 1; L. 1979, ch. 296, § 2; L. 1980, ch. 285, § 1; L. 1981, ch. 347, § 1; L. 1984, ch. 319, § 1; L. 1990, ch. 309, § 48; L. 1992, ch. 239, § 286; L. 2002, ch. 154, § 1; L. 2008, ch. 183, § 10; 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.