Session of 1998
By Representative Swenson
            9             AN ACT concerning corrections; relating to a voluntary hormonal chem-
10             ical treatment program for inmates; amending K.S.A. 75-5210 and re-
11             pealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 75-5210 is hereby amended to read as follows:
15       75-5210. (a) Persons committed to the institutional care of the secretary
16       of corrections shall be dealt with humanely, with efforts directed to their
17       rehabilitation and return to the community as safely and promptly as
18       practicable. For these purposes, the secretary shall establish programs of
19       classification and diagnosis, education, casework, mental health, counsel-
20       ing and psychotherapy, chemical dependency counseling and treatment,
21       sexual offender counseling, prerelease programs which emphasize re-en-
22       try skills, adjustment counseling and job placement, vocational training
23       and guidance, work, library, physical education, voluntary hormonal
24       chemical treatment and other rehabilitation and recreation services; the
25       secretary may establish facilities for religious worship; and the secretary
26       shall institute procedures for the study and classification of inmates. The
27       secretary shall maintain a comprehensive record of the behavior of each
28       inmate reflecting accomplishments and progress toward rehabilitation as
29       well as charges of infractions of rules and regulations, punishments im-
30       posed and medical inspections made.
31           (b) Programs of work, education or training shall include a system of
32       promotional rewards entitling inmates to progressive transfer from high
33       security status to a lesser security status. The secretary shall have authority
34       at any time to transfer an inmate from one level of status to another level
35       of status. Inmates may apply to the secretary for such status privileges.
36       The secretary shall adopt rules and regulations establishing standards re-
37       lating to the transfer of an inmate from one status to another, and in
38       developing such standards the secretary shall take into consideration pro-
39       gress made by the inmate toward attaining the educational, vocational
40       and behavioral goals set by the secretary for the individual inmate.
41           (c) The secretary, with the cooperation of the department of health
42       and environment, shall adopt rules and regulations establishing and pre-
43       scribing standards for health, medical and dental services for each insti-

HB 2863


  1       tution, including preventive, diagnostic and therapeutic measures on both
  2       an outpatient and a hospital basis, for all types of patients. An inmate may
  3       be taken, when necessary, to a medical facility outside the institution.
  4           (d) Under rules and regulations adopted by the secretary, directors
  5       of institutions may authorize visits, correspondence and communication,
  6       under reasonable conditions, between inmates and appropriate friends,
  7       relatives and others.
  8           (e) The secretary shall adopt rules and regulations under which in-
  9       mates, as part of a program anticipating their release from minimum
10       security status, may be granted temporary furloughs from a correctional
11       institution or contract facility to visit their families or to be interviewed
12       by prospective employers.
13           (f) The secretary shall adopt rules and regulations for the mainte-
14       nance of good order and discipline in the correctional institutions, in-
15       cluding procedures for dealing with violations. Disciplinary rules and reg-
16       ulations may provide a system of punishment including segregation,
17       forfeitures of good time earned, fines, extra work, loss of privileges, re-
18       strictions and payment of restitution.
19           The secretary and any persons designated by rules and regulations of
20       the secretary may administer oaths for the purpose of conducting inves-
21       tigations and disciplinary proceedings pursuant to rules and regulations
22       adopted by the secretary under this subsection and under K.S.A. 75-5251
23       and amendments thereto. For this purpose, the secretary shall adopt rules
24       and regulations designating those persons who may administer oaths in
25       such investigations and proceedings and the form and manner of admin-
26       istration of the oaths.
27           (g) A copy of the rules and regulations adopted pursuant to subsec-
28       tion (f) shall be provided to each inmate. Other rules and regulations of
29       the secretary which are required to be published pursuant to K.S.A. 77-
30       415 through 77-437, and amendments thereto, shall be made available to
31       inmates by placing a copy in the inmate library at the institution or by
32       some other means providing reasonable accessibility to inmates.
33           (h) Any inmate participating in work and educational release pro-
34       grams under the provisions of K.S.A. 75-5267 and amendments thereto
35       shall continue to be in the legal custody of the secretary of corrections,
36       notwithstanding the inmate's absence from a correctional institution by
37       reason of employment, education or for any other purpose related to such
38       work and educational release programs, and any employer or educator of
39       that person shall be considered the representative or agent for the sec-
40       retary.
41           (i) The secretary shall establish administrative and fiscal procedures
42       to permit the use of regional or community institutions, local govern-
43       mental or private facilities or halfway houses for the placement of inmates

HB 2863


  1       released for the purposes of this act and for the work and educational
  2       release programs under K.S.A. 75-5267 and amendments thereto.
  3           (j) The secretary may establish correctional work facilities and select
  4       inmates to be assigned to such facilities.
  5           (k) The secretary may acquire, in the name of the state, by lease,
  6       purchase or contract additional facilities as may be needed for the housing
  7       of persons in the secretary's custody.
  8           (l) The secretary is hereby authorized to use any of the inmates as-
  9       signed to the secretary's custody in the construction and repair of build-
10       ings or property on state owned or leased grounds.
11           (m) For the purposes of establishing and carrying out the programs
12       provided for by subsection (a) and by K.S.A. 75-5267 and amendments
13       thereto, the secretary may contract with qualified individuals, partner-
14       ships, corporations or organizations; with agencies of the state; or with
15       the United States or any political subdivision of the state, or any agency
16       thereof.
17           (n) The secretary shall establish a program, and adopt rules and reg-
18       ulations to implement such program, whereby inmates may undergo med-
19       roxyprogesterone acetate treatment or its chemical equivalent. Such pro-
20       gram shall be completely voluntary and any inmate who chooses to enroll
21       in such program shall sign a release of liability releasing the state of Kan-
22       sas, the department of corrections and any employees of the department
23       of corrections from any liability derived from implementing such pro-
24       gram. Nothing in the rules and regulations shall require an employee of
25       the department of corrections who is a physician licensed to practice med-
26       icine and surgery to participate against such physician's will in the ad-
27       ministration of the provisions of this section. These rules and regulations
28       shall include, but not be limited to, a requirement to inform the person
29       about the effect of hormonal chemical treatment and any side effects that
30       may result from it. A person subject to this section shall acknowledge the
31       receipt of this information.
32           Sec. 2. K.S.A. 75-5210 is hereby repealed.
33           Sec. 3. This act shall take effect and be in force from and after its
34       publication in the statute book.