75-5220. Transfer of offender to reception and diagnostic unit, when; custody pending transfer; expenses paid by county; female offenders; transfer of court record; juvenile offenders; offenders designated to participate in substance abuse treatment programs; costs of medical care of certain offenders. (a) Except as provided in subsections (d), (e) and (f), within four business days of receipt of the notice provided for in K.S.A. 75-5218, and amendments thereto, the secretary of corrections shall notify the sheriff having such offender in custody to convey such offender immediately to the department of corrections reception and diagnostic unit or if space is not available at such facility, then to some other state correctional institution until space at the facility is available, except that, in the case of first offenders who are conveyed to a state correctional institution other than the reception and diagnostic unit, such offenders shall be segregated from the inmates of such correctional institution who are not being held in custody at such institution pending transfer to the reception and diagnostic unit when space is available therein. The expenses of any such conveyance shall be charged against and paid out of the general fund of the county whose sheriff conveys the offender to the institution as provided in this subsection.
(b) Any female offender sentenced according to the provisions of K.S.A. 75-5229, and amendments thereto, shall be conveyed by the sheriff having such offender in custody directly to a correctional institution designated by the secretary of corrections, subject to the provisions of K.S.A. 75-52,134, and amendments thereto. The expenses of such conveyance to the designated institution shall be charged against and paid out of the general fund of the county whose sheriff conveys such female offender to such institution.
(c) Each offender conveyed to a state correctional institution pursuant to this section shall be accompanied by the record of the offender's trial and conviction as prepared by the clerk of the district court in accordance with K.S.A. 75-5218, and amendments thereto.
(d) If the offender in the custody of the secretary is a juvenile, as described in K.S.A. 38-2366, and amendments thereto, such juvenile shall not be transferred to the department of corrections reception and diagnostic unit until such time as such juvenile is to be transferred from a juvenile correctional facility to a department of corrections institution or facility.
(e) Any offender sentenced to a facility designated by the secretary of corrections to participate in an intensive substance abuse treatment program shall not be transferred to the department of corrections reception and diagnostic unit but directly to such facility, unless otherwise directed by the secretary. The secretary may transfer the housing and confinement of any offender sentenced to a facility to participate in an intensive substance abuse treatment program to any institution or facility pursuant to K.S.A. 75-5206, and amendments thereto.
(f) If the offender has 20 or less days remaining to be served on the prison portion of the sentence at the time the notice provided for in K.S.A. 75-5218, and amendments thereto, is received by the secretary of corrections, the secretary may order the offender discharged from the prison portion of the sentence.
(g) All costs incurred for medical care and treatment of the offender while in the actual physical custody of the secretary of corrections shall be the responsibility of the secretary of corrections.
History: L. 1973, ch. 339, § 29; L. 1975, ch. 459, § 1; L. 1978, ch. 120, § 20; L. 1983, ch. 284, § 7; L. 1990, ch. 322, § 1; L. 1990, ch. 309, § 52; L. 1990, ch. 149, § 7; L. 1991, ch. 260, § 12; L. 1996, ch. 229, § 130; L. 2000, ch. 181, § 14; L. 2006, ch. 172, § 1; L. 2007, ch. 195, § 42; L. 2008, ch. 183, § 12; L. 2010, ch. 89, § 2; L. 2012, ch. 148, § 2; 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.