Session of 1998
By Committee on Judiciary
            9             AN ACT concerning procedures for the issuance of subpoenas by the
10             secretary of corrections; amending K.S.A. 75-5251 and repealing the
11             existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 75-5251 is hereby amended to read as follows:
15       75-5251. (a) The secretary shall have power, and it shall be the secretary's
16       duty from time to time, to examine and inquire into all matters connected
17       with the government and discipline of the correctional institutions under
18       the secretary's supervision and control; the punishment and employment
19       of the inmates confined ;(tri-stars)erein in such correctional institutions, and the
20       purchases and sales of the articles provided for such correctional insti-
21       tutions or sold on account thereof; and the secretary may from time to
22       time require reports from the warden or other officers of any such cor-
23       rectional institution in relation to any or all of such matters. It shall be
24       the secretary's duty to inquire into any improper conduct which may be
25       alleged to have been committed by the warden or any other officer of
26       any such correctional institution; and for that purpose the secretary shall
27       have power to issue subpoenas to compel the attendance of witnesses,
28       and the production of papers and writings ;n the same manner and with
29       like effect as in cases of arbitration. Upon the failure to obey a subpoena
30       issued by the secretary or the refusal of a witness whose testimony is
31       sought to appear or to answer as provided by this section, the secretary
32       may apply to the district court of Shawnee County for an order requiring
33       compliance with the subpoena. The district court shall order such com-
34       pliance, if the district court determines that good cause exists for the
35       issuance of the subpoena. Failure by any person to obey such order of the
36       district court shall be considered a contempt of court. Punishment for
37       contempt shall be in accordance with the provisions of article 12 of chap-
38       ter 20 of the Kansas statutes annotated, and amendments thereto. The
39       secretary may administer oaths to any such witnesses before examination
40       thereof.
41           (b) The secretary shall have free access to the correctional institutions
42       at all times, and it shall be the duty of the warden and other officers of
43       any such correctional institution, whenever requested, to exhibit to the

SB 515


  1       secretary, on demand, all the books, papers, accounts and writings per-
  2       taining to the correctional institution, or to the business, government,
  3       discipline or management thereof, and to render to the secretary every
  4       other facility in their power to enable the secretary to discharge the sec-
  5       retary's duties under this act.
  6           (c) The secretary shall adopt rules and regulations for the direction
  7       and government of such correctional institutions and the officers thereof,
  8       and may change the same from time to time amend such rules and reg-
  9       ulations as deemed necessary.
10           Sec. 2. K.S.A. 75-5251 is hereby repealed.
11           Sec. 3. This act shall take effect and be in force from and after its
12       publication in the statute book.