SB 71--Am.
As Amended by Senate Committee
Session of 1997
By Committee on Judiciary

10 AN ACT concerning the department of corrections; relating to the treat- 11 ment of inmates; amending K.S.A. 1996 Supp. 75-5210 and repealing 12 the existing section. 13 14 Be it enacted by the Legislature of the State of Kansas: 15 Section 1. K.S.A. 1996 Supp. 75-5210 is hereby amended to read as 16 follows: 75-5210. (a) Persons committed to the institutional care of the 17 secretary of corrections shall be dealt with humanely, with efforts directed 18 to their rehabilitation and return to the community as safely and promptly 19 as practicable. For these purposes, the secretary shall establish programs 20 of classification and diagnosis, education, casework, mental health, coun- 21 seling and psychotherapy, chemical dependency counseling and treat- 22 ment, sexual offender counseling, prerelease programs which emphasize 23 re-entry skills, adjustment counseling and job placement, vocational train- 24 ing and guidance, work, library, physical education and other rehabilita- 25 tion and recreation services; the secretary may establish facilities for re- 26 ligious worship; and the secretary shall institute procedures for the study 27 and classification of inmates. The secretary shall maintain a comprehen- 28 sive record of the behavior of each inmate reflecting accomplishments 29 and progress toward rehabilitation as well as charges of infractions of rules 30 and regulations, punishments imposed 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 rules and regulations establishing and prescribing standards SB 71--Am.

 1  for health, medical and dental services for each institution, including pre-
 2  ventive, diagnostic and therapeutic measures on both an outpatient and
 3  a hospital basis, for all types of patients. An inmate may be taken, when
 4  necessary, to a medical facility outside the institution.
 5    (d)  Under rules and regulations adopted by the secretary, directors
 6  of institutions may authorize visits, correspondence and communication,
 7  under reasonable conditions, between inmates and appropriate friends,
 8  relatives and others.
 9    (e)  The secretary shall adopt rules and regulations under which in-
10  mates, as part of a program anticipating their release from minimum
11  security status, may be granted temporary furloughs from a correctional
12  institution or contract facility to visit their families or to be interviewed
13  by prospective employers.
14    (f)  The secretary shall adopt rules and regulations for the mainte-
15  nance of good order and discipline in the correctional institutions, in-
16  cluding procedures for dealing with violations. Disciplinary rules and reg-
17  ulations may provide a system of punishment including segregation,
18  forfeitures of good time earned, fines, extra work, loss of privileges, re-
19  strictions and payment of restitution. The secretary may adopt standards
20  for the imposition of extra work, granting of privileges and imposition of
21  restrictions.
22    The secretary and any persons designated by rules and regulations of
23  the secretary or the secretary's designee may administer oaths for the
24  purpose of conducting investigations and disciplinary proceedings pur-
25  suant to rules and regulations adopted by the secretary under this sub-
26  section and under K.S.A. 75-5251, and amendments thereto. necessary
27  in the performance of the duties of the secretary. Oaths shall be
28  administered in accordance with the provisions of K.S.A. 54-101 et
29  seq., and amendments thereto. For this purpose, the secretary shall
30  adopt rules and regulations designating those persons who may admin-
31  ister oaths in such investigations and proceedings and the form and man-
32  ner of administration of the oaths.
33    (g)  A copy of the rules and regulations adopted pursuant to subsec-
34  tion (f) shall be provided to each inmate. Other rules and regulations of
35  the secretary which are required to be published pursuant to K.S.A. 77-
36  415 through 77-437, and amendments thereto, shall be made available to
37  inmates by placing a copy in the inmate library at the institution or by
38  some other means providing reasonable accessibility to inmates.
39    (h)  Any inmate participating in work and educational release pro-
40  grams under the provisions of K.S.A. 75-5267 and amendments thereto
41  shall continue to be in the legal custody of the secretary of corrections,
42  notwithstanding the inmate's absence from a correctional institution by
43  reason of employment, education or for any other purpose related to such
SB 71--Am.

 1  work and educational release programs, and any employer or educator of
 2  that person shall be considered the representative or agent for the sec-
 3  retary.
 4    (i)  The secretary shall establish administrative and fiscal procedures
 5  to permit the use of regional or community institutions, local govern-
 6  mental or private facilities or halfway houses for the placement of inmates
 7  released for the purposes of this act and for the work and educational
 8  release programs under K.S.A. 75-5267 and amendments thereto.
 9    (j)  The secretary may establish correctional work facilities and select
10  inmates to be assigned to such facilities.
11    (k)  The secretary may acquire, in the name of the state, by lease,
12  purchase or contract additional facilities as may be needed for the housing
13  of persons in the secretary's custody.
14    (l)  The secretary is hereby authorized to use any of the inmates as-
15  signed to the secretary's custody in the construction and repair of build-
16  ings or property on state owned or leased grounds.
17    (m)  For the purposes of establishing and carrying out the programs
18  provided for by subsection (a) and by K.S.A. 75-5267 and amendments
19  thereto, the secretary may contract with qualified individuals, partner-
20  ships, corporations or organizations; with agencies of the state; or with
21  the United States or any political subdivision of the state, or any agency
22  thereof.
23    Sec. 2.  K.S.A. 1996 Supp. 75-5210 is hereby repealed.
24    Sec. 3.  This act shall take effect and be in force from and after its
25  publication in the statute book.