HB 2571--
Session of 1997
By the Select Committee on Corrections and Juvenile Justice

9 AN ACT concerning prisons; relating to county prisons; repealing K.S.A. 10 1996 Supp. 75-52,133. 11 12 Be it enacted by the Legislature of the State of Kansas: 13 Section 1. (a) Any county may construct, own or operate any type of 14 correctional facility for the placement or confinement of inmates from 15 the department of corrections and any agency of another state. 16 (b) Prior to any construction of such facility, the secretary of correc- 17 tions shall approve the plans for construction. Following the secretary's 18 approval and prior to any construction, such plans shall be approved by 19 the joint committee on corrections and juvenile justice oversight, created 20 in 1997 House Bill No. 2520. Once construction is complete and the 21 operation of the correctional facility is to commence, the secretary shall 22 approve and license the facility for a period of three years and such license 23 may be renewed for successive two-year periods thereafter. 24 (c) The secretary shall adopt rules and regulations as are necessary 25 to carry out the provisions of this act. 26 Sec. 2. Any county correctional facility which is approved pursuant 27 to section 1, and amendments thereto, shall do the following: 28 (a) Indemnify the state and the department of corrections, including 29 the state's officials and agents, against any and all liability, including, but 30 not limited to, civil rights liability. Proof of satisfactory insurance is re- 31 quired in an amount to be determined by the secretary of corrections; 32 (b) seek, obtain and maintain accreditation by the American correc- 33 tional association for the facility. Compliance with amendments to the 34 accreditation standards of the association is required upon approval of 35 such amendments by the secretary; 36 (c) see that the proposed facilities and the management plans for the 37 inmates meet applicable American correctional association standards and 38 the requirements of all applicable court orders and state laws; 39 (d) be responsible for a range of dental, medical and psychological 40 services; diet; education; and work programs at least equal to those pro- 41 vided by the department of corrections in comparable facilities; 42 (e) be liable for the cost of any emergency, public safety or security 43 services provided to the county by the state or any other political subdi- HB 2571

 1  vision of the state, and shall reimburse the state or such political subdi-
 2  vision for the cost of any such services;
 3    (f)  have a full-time contract monitor. The contract monitor shall be
 4  appointed and supervised by the secretary. The county is required to
 5  reimburse the state for the salary and expenses of the contract monitor.
 6  It is the obligation of the county to provide suitable office space for the
 7  contract monitor at the correctional facility. The contract monitor shall
 8  have unlimited access to the correctional facility;
 9    (g)  cause the Kansas bureau of investigation to conduct a criminal
10  history record check and background investigation of a person before
11  employing the person in any county correctional facility. The county cor-
12  rectional facility may further require a potential employee to provide a
13  full set of the applicant's fingerprints;
14    (h)  allow any legislative committee to visit the correctional facility
15  upon request of such committee; and
16    (i)  be subject to audits as directed by the legislative post audit com-
17  mittee, under the legislative post audit act.
18    Sec. 3.  (a) Each county constructing, owning or operating a correc-
19  tional facility pursuant to section 1, and amendments thereto, is liable in
20  tort with respect to the care and custody of inmates under its supervision
21  and for any breach of contract. Sovereign immunity may not be raised by
22  a county, or the insurer of that county on the county's behalf, as a defense
23  in any action arising out of the performance of any contract entered into
24  under this act or as a defense in tort, or any other application, with respect
25  to the care and custody of inmates under the county's supervision and for
26  any breach of contract.
27    (b) (1)  The training requirements, including inservice training
28  requirements, for employees of a county correctional facility shall meet
29  or exceed the requirements for similar employees of the department of
30  corrections or the training requirements mandated for accreditation by
31  the American correctional association, whichever of those requirements
32  are the more demanding. All employee training expenses are the respon-
33  sibility of the county.
34    (2)  Employees of a county who are responsible for the supervision of
35  inmates shall have the same legal authority to rely on nondeadly and
36  deadly force as do similar employees of the department of corrections.
37    Sec. 4.  (a) Each county constructing, owning or operating a correc-
38  tional facility pursuant to section 1, and amendments thereto, shall re-
39  serve up to 50% of the capacity of the facility, pursuant to the contract,
40  for the department of corrections.
41    (b)  Annually, on or before January 1, the secretary of corrections shall
42  certify to such county correctional facility the number of beds needed by
43  the secretary to house inmates for the fiscal year beginning the following
HB 2571

 1  July 1.
 2    (c)  The prisoners transferred by the department shall represent a
 3  cross section of the general inmate population, based on the grade of
 4  custody or the offense of conviction, at the most comparable facility op-
 5  erated by the department.
 6    Sec. 5.  A contract entered into under this act does not authorize,
 7  allow, or imply a delegation of authority to the county to:
 8    (a)  Make a final determination on the custody classification of an
 9  inmate. The county may submit a recommendation for a custody change
10  on an inmate; however, any recommendation made shall be in compliance
11  with the department's custody classification system;
12    (b)  choose the facility to which an inmate is initially assigned or sub-
13  sequently transferred. The county may request, in writing, that an inmate
14  be transferred to a facility operated by the department. A representative
15  of the county and a representative of the department shall develop and
16  implement a cooperative agreement for transferring inmates between a
17  correctional facility operated by the department and a county correctional
18  facility. The department and the county must comply with the cooperative
19  agreement;
20    (c)  develop or adopt disciplinary rules or penalties that differ from
21  the disciplinary rules and penalties that apply to inmates housed in cor-
22  rectional facilities operated by the department;
23    (d)  make a final determination on a disciplinary action that affects
24  the liberty of an inmate. The contractor may remove an
25  inmate from the general prison population during an emergency, before
26  final resolution of a disciplinary hearing, or in response to an inmate's
27  request for assigned housing in protective custody;
28    (e)  make a decision that affects the sentence imposed upon or the
29  time served by an inmate, including a decision to award, deny or forfeit
30  good time;
31    (f)  make recommendations to the parole board with respect to the
32  denial or granting of parole or post release supervision. However, the
33  county may submit written reports to the parole board and shall respond
34  to a written request by the parole board for information;
35    (g)  develop and implement requirements that inmates engage in any
36  type of work, except to the extent that those requirements are accepted
37  by the secretary; or
38    (h)  determine inmate eligibility for any form of conditional, tempo-
39  rary or permanent release from a correctional facility.
40    Sec. 6.  Any inmate from any agency of another state placed or con-
41  fined in the county correctional facility shall be transferred to the custody
42  and control of the sheriff of the county in which such correctional facility
43  is located.
HB 2571

 1    Sec. 7.  (a) The secretary shall develop and implement an evaluation
 2  of the costs and benefits of each correctional facility proposed under this
 3  act. This evaluation must include a comparison of the costs and benefits
 4  of constructing and operating prisons by any county versus the depart-
 5  ment of corrections. The secretary also shall evaluate the performance of
 6  the correctional facility at the end of the term of each license and make
 7  recommendations to the speaker of the house of representatives, the pres-
 8  ident of the senate and the joint committee on corrections and juvenile
 9  justice oversight, created in 1997 House Bill No. 2520.
10    (b)  A detailed plan shall be provided by the county correctional fa-
11  cility under which the department shall assume temporary control of such
12  correctional facility upon termination of the license. The secretary may
13  terminate the license with cause after written notice of material deficien-
14  cies and after 60 work days in order to correct the material deficiencies.
15  If any event occurs that involves noncompliance with or violation of li-
16  cense terms and that presents a serious threat to the safety, health or
17  security of the inmates, employees or the public, the department may
18  temporarily assume control of such correctional facility, with the approval
19  of the joint committee on corrections and juvenile justice oversight. A
20  plan shall also be provided by such correctional facility for the purchase
21  and temporary assumption of operations of a correctional facility by the
22  department in the event of bankruptcy or the financial insolvency of such
23  correctional facility. The correctional facility shall provide an emergency
24  plan to address inmate disturbances, employee work stoppages, strikes or
25  other serious events in accordance with standards of the American cor-
26  rectional association.
27    (c)  Appropriations to the department of corrections for the funding
28  of any contract the department has entered into with a county correctional
29  facility for inmate beds shall be made as separate items of appropriation.
30    Sec. 8.  K.S.A. 1996 Supp. 75-52,133 is hereby repealed.
31    Sec. 9.  This act shall take effect and be in force from and after July
32  1, 1998, and its publication in the statute book.