75-52,144. Certified drug abuse treatment programs; presentence criminal risk-need assessment; certified treatment providers; cost of programs. (a) Drug abuse treatment programs certified in accordance with subsection (b) shall provide:
(1) Drug abuse assessments of any person who is convicted of or being considered for a diversion agreement in lieu of further criminal proceedings for a felony violation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or K.S.A. 2021 Supp. 21-5706, and amendments thereto, and meets the requirements of K.S.A. 21-4729, prior to its repeal, K.S.A. 2021 Supp. 21-6824(a) or 21-6825, and amendments thereto;
(2) treatment of all persons who are convicted of or entered into a diversion agreement in lieu of further criminal proceedings for a felony violation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or K.S.A. 2021 Supp. 21-5706, and amendments thereto, meet the requirements of K.S.A. 21-4729, prior to its repeal, K.S.A. 2021 Supp. 21-6824 or 21-6825, and amendments thereto, and whose sentence requires completion of a certified drug abuse treatment program, as provided in this section;
(3) one or more treatment options in the continuum of services needed to reach recovery: Detoxification, rehabilitation, continuing care and aftercare, and relapse prevention;
(4) treatment options to incorporate family and auxiliary support services; and
(5) treatment options for alcohol abuse when indicated by the assessment of the offender or required by the court.
(b) The criminal risk-need assessment shall be conducted by a court services officer or a community corrections officer. The drug abuse treatment program placement assessment shall be conducted by a drug abuse treatment program certified in accordance with the provisions of this subsection to provide assessment and treatment services. A drug abuse treatment program shall be certified by the secretary of corrections. The secretary may establish qualifications for the certification of programs, which may include requirements for supervision and monitoring of clients, fee reimbursement procedures, handling of conflicts of interest, delivery of services to clients unable to pay and other matters relating to quality and delivery of services by the program. Drug abuse treatment may include community based and faith based programs. The certification shall be for a four-year period. Recertification of a program shall be by the secretary. To be eligible for certification under this subsection, the secretary shall determine that a drug abuse treatment program:
(1) Meets the qualifications established by the secretary;
(2) is capable of providing the assessments, supervision and monitoring required under subsection (a);
(3) has employed or contracted with certified treatment providers; and
(4) meets any other functions and duties specified by law.
(c) Any treatment provider who is employed or has contracted with a certified drug abuse treatment program who provides services to offenders shall be certified by the secretary of corrections. The secretary shall require education and training that shall include, but not be limited to, case management and cognitive behavior training. The duties of providers who prepare the presentence drug abuse assessment may also include appearing at sentencing and probation hearings in accordance with the orders of the court, monitoring offenders in the treatment programs, notifying the probation department and the court of any offender failing to meet the conditions of probation or referrals to treatment, appearing at revocation hearings as may be required and providing assistance and data reporting and program evaluation.
(d) (1) The cost for all drug abuse assessments performed pursuant to subsection (a)(1), and the cost for all certified drug abuse treatment programs for any person who meets the requirements of K.S.A. 2021 Supp. 21-6824 or 21-6825, and amendments thereto, shall be paid by the Kansas sentencing commission from funds appropriated for such purpose. The Kansas sentencing commission shall contract for payment for such services with the supervising agency.
(2) The sentencing court shall determine the extent, if any, that such person is able to pay for such assessment and treatment. Such payments shall be used by the supervising agency to offset costs to the state. If such financial obligations are not met or cannot be met, the sentencing court shall be notified for the purpose of collection or review and further action on the offender's sentence.
(3) If the person has entered into a diversion agreement in lieu of further criminal proceedings, the county or district attorney shall determine the extent, if any, that such person is able to pay for such assessment and treatment. Such payments shall be used by the supervising agency to offset costs to the state or county. If such financial obligations are not met or cannot be met, the county or district attorney shall be notified for the purpose of collection or review and further action on the person's diversion agreement.
(e) The community corrections staff shall work with the substance abuse treatment staff to ensure effective supervision and monitoring of the offender.
(f) The secretary of corrections is hereby authorized to adopt rules and regulations to carry out the provisions of this section.
History: L. 2003, ch. 135, § 2; L. 2009, ch. 32, § 61; L. 2011, ch. 30, § 282; L. 2012, ch. 150, § 51; L. 2021, ch. 109, § 9; 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.