An Act concerning the department of corrections; relating to inmate work crews; agency
relationship; amending K.S.A. 75-52,116 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 75-52,116 is hereby amended to read as follows:
75-52,116. (a) The warden of any correctional institution, with the ap-
proval of the secretary of corrections, may extend the limits of confine-
ment of inmates who are classified minimum security or less to work for
any state agency, federal agency, city, county, school district or nonprofit
organization organized for charitable purposes if such work is in further-
ance of public service and public welfare or charitable objectives within
the community. Such inmates shall remain under the legal custody of the
secretary of corrections with the actual limits of confinement extended
and without actual supervision of correctional officials. Those persons
observing, supervising, managing, controlling and reporting back to cor-
rections officials regarding such inmates in their work shall be agents of
the state and of the secretary of corrections for that only the purpose only
of maintaining the confinement of the inmates but shall not, solely by
reason of the agency, have law enforcement powers. An agency relation-
ship shall not be established between the state or the secretary of correc-
tions and the other state agency, federal agency, city, county, school dis-
trict or nonprofit organization in regard to the manner in which the work
is assigned, performed, or supervised.

      (b) No work assignment pursuant to this section other than assign-
ments to work for state agencies shall result in the displacement of any
currently employed worker or position, including partial displacement
such as a reduction in the hours of nonovertime work, wages or employ-
ment benefits, or result in the impairment of existing contracts for serv-
ices or collective bargaining agreements. Inmates shall not be utilized to
fill a job opening when any individual is on layoff from the same or any
substantially equivalent job, or the employer has terminated the employ-
ment of any regular employee at the same or substantially equivalent job
and the position remains unfilled. Inmates may not be utilized on a pro-
ject except to the extent that the cost of the project exceeds the funds
available and budgeted for that project.

      (c) Compensation of inmates working pursuant to this section shall
be normal inmate incentive pay rendered to other inmates working within
correctional institutions pursuant to K.S.A. 75-5211 and amendments

 Sec.  2. K.S.A. 75-52,116 is hereby repealed.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 14, 2003.