Kansas Administrative Code

Theft. (a) Theft shall include any of the following acts done with the intent to deprive the owner permanently of the posses- sion, use, or benefit of the owner’s property or services: (1) Obtaining or exerting unauthorized control over property or services; (2) obtaining control…

Taking without permission. (a) No offender, regardless of the offender’s in- tent, shall take any article or property of any kind from any other person or any place without the permission of a person who is authorized to give such permission. No offender shall obtain articles or …

Unauthorized dealing and trading. (a) No offender shall trade, borrow, loan, give, receive, sell, or buy goods, services, or any item with economic or other intrinsic val- ue with, to, or from another person without the written permission of the superintendent or des- ignee. (b) …

Debt adjustment and debt collection prohibited. (a) Each of the following acts between and among offenders shall be pro- hibited: (1) Debt adjustment; and (2) debt collection. (b) Each violation of this regulation shall be a class II offense. This regulation shall be effective on…

Gambling and bookmaking. (a) No offender shall make any bet, operate or bank any gambling pool or game, accept or place any bet of another individual, or engage in any form of gambling. (b) No offender shall possess, transfer, sell, dis- tribute, or obtain dice or any other form …

Misuse of state property. (a) No offender shall destroy, damage, deface, alter, misuse, or fail to return when due any article of state property, including clothing and shoes. (b) Each violation of this regulation shall be a class II offense. This regulation shall be effective on…

Entering into contracts; in- curring financial obligations. (a) No offender shall enter into any contract or incur any financial obligation, including placing orders by mail, with- out the prior, written approval of the superinten- dent or designee. (b) Each violation of this reg…

Accounts. (a) No offender shall establish, operate, negotiate, or otherwise hold or use any checking or savings account other than the offender’s trust fund while confined in a juvenile correctional facility without the prior, written approval of the superintendent. (b) Each viol…

Fighting; violence. (a) Each of the following acts shall be prohibited, unless the act is done in self-defense: (1) Fighting; (2) any act other than fighting that constitutes violence; and (3) any act that is likely to lead to violence. (b) Each violation of this regulation shall…

Noise. (a) No offender shall utter or otherwise make any inappropriate boo- ing, whistling, shouting, hissing, or catcalls, or any other loud and disturbing noises. (b) Each violation of this regulation shall be a class III offense. This regulation shall be effective on and after…

Lying. (a) No offender shall lie, misrepresent the facts, mislead, or otherwise give false or misleading information to an officer, employee, or any other person who is assigned to supervise the offender or who has a right to obtain information from the offender. (b) No offender …

Disobeying orders. (a) Each offender shall promptly and respectfully obey any order, directive, or instruction given to the offend- er by any employee of the agency or by an em- ployee of any other agency or entity in charge of the offender. In case of conflicting orders, the las…

Insubordination or disre- spect to employees and volunteers. (a) Each offender shall be attentive to and respectful to- wards all employees, including each contractor’s employees, and toward all volunteers. Each direct or indirect display of disrespect or argumentation shall be c…

Threatening or intimidat- ing any person. (a) No offender shall directly or indirectly threaten or intimidate any other person, whether the threat or intimidation is immediate or conditional. (b) A civilized statement by the offender that the offender may properly use the legal p…

Avoiding an officer, super- visor, or other employee. (a) No offender shall run from, deliberately evade, or otherwise pur- posefully avoid any officer, supervisor, or other employee when required, ordered, or requested to be present to talk with, be accounted for, be searched, o…

Improper use of food. (a) No offender shall take or accept more food or beverage than the offender will consume. No of- fender shall waste or deliberately destroy food or beverage. No offender shall carry or other- wise remove any food or beverage from the din- ing area or kitche…

Kitchen utensils and shop tools. (a) No offender shall remove or have pos- session of any eating or cooking utensil or shop tool without proper authorization. (b)(1) Except as specified in paragraph (2) of this subsection, each violation of this regulation shall be a class II off…

Misconduct in the dining room. (a) Each offender shall enter and leave the dining room in accordance with the established procedure at each institution and shall act in an orderly manner while in the dining room. (b) Each violation of this regulation shall be a class II offense. …

Drunkenness, intoxication, or altered consciousness. (a) No offender shall be drunk, intoxicated, or in a chemically induced state of altered consciousness at any time. An ex- ception to this prohibition shall be any instance of an altered state of consciousness induced by prescr…

Stimulants, sedatives, drugs, or narcotics; misusing or hoarding au- thorized or prescribed medication. (a) No of- fender shall ingest, inhale, inject, or introduce by any other means any kind of substance into the of- fender’s body or the body of another offender that iscapableo…

Sexually explicit materials. (a) No offender shall have in possession or under control any sexually explicit materials, including drawings, paintings, writing, pictures, items, and devices. (b) Material shall be considered sexually explicit if the purpose of the material is sexua…

Sexual intercourse; sodomy. (a) No offender shall commit or induce any other person to commit an act of sexual intercourse or sodomy, even with the consent of the other person. Participation in such an act shall be prohibited. (b) No offender shall perform any of the follow- ing:…

Lewd acts. (a) No offender shall engage in a lewd or lascivious manner in any acts of kissing, fondling, touching, or embracing, whether the acts are with a person of the same or opposite sex and whether or not the acts are with the consent of the other person. (b) No offender sh…

Falsifying documents. (a) No offender shall falsify any document. (b) Each violation of this regulation shall be a class II offense. This regulation shall be effective on and after April 8, 2005. (Authorized by and implementing K.S.A. 2004 Supp. 75-7024 and K.S.A. 76-3203; effect…

Disruptive behavior. (a) No offender shall start, solicit, encourage, perform, participate in, or help others to perform or partic- ipate in any disruptive behavior. (b) Each violation of this regulation shall be a class II offense. Alternatively, any violation of this regulation…

Riot or incitement to riot. (a) No offender shall riot or incite others to riot. (1) “Riot” shall be defined as either of the fol- lowing: (A) Any use of force or violence by three or more persons acting together and without the au- thority of law that produces a breach of the pe…

Conduct regarding visitors and the public. (a) Each offender shall treat all visitors and other members of the public in a respectful and helpful manner. Each offender shall comply with the applicable regulations, in- ternal management policies and procedures, and facility orders…

Arson. (a) No offender shall commit arson. (b) “Arson” shall be defined as the act of know- ingly damaging any property by means of fire or explosive. 711 Offender Conduct and Penalties 123-12-328 (c) Each violation of this regulation shall be a class I offense. This regulation s…

Assault. (a) No offender shall commit assault. (b) “Assault” shall be defined as an intentional threat to do bodily harm to another, coupled with the apparent or recognizable ability to carry out the threat and resulting in the other person’s im- mediate apprehension or fear of b…

Battery. (a) No offender shall commit battery. (b) “Battery” shall be defined as either of the following: (1) The unlawful or unauthorized, intentional touching or application of force to the person of another when done in a rude, insolent, or angry manner; or (2) intentionally o…

Offender activity; limita- tions. (a)(1) “Proselytizing” shall be defined as an active effort to persuade any person to convert to a religious faith or belief without the person’s prior consent. However, nothing in this regulation shall prohibit a one-to-one conversation about re…

Interference with re- straints. (a) No offender shall interfere with or assist or encourage other offenders to interfere in any way with handcuffs or any other restraints that have been, or are being, applied to an offender by an officer or any other employee. (b) No offender sha…

Personal relationships; lim- itations. (a) A “personal relationship” shall be defined as any relationship involving unnecessary familiarity by an offender toward any staff mem- ber, contract personnel, volunteer, or employee of any other organization in charge of the offender. 71…

Programs. (a) “Program,” as used in this regulation, shall mean any of the fol- lowing activities: (1) Any educational program; (2) any counseling program; (3) any vocational program; (4)anyphysiologicalorpsychologicaltreatment; (5) any skill training; (6) any work assignment; an…

Answering calls; movement. (a)(1) Each offender shall respond promptly each time any employee calls the offender’s name. (2) Each offender shall move from place to place within the facility as required by the facility orders. (3) Each offender who is authorized to move within the…

Responsibility for head counts. (a) Each offender shall be present at the proper time and place designated for head counts. (b)(1) Each offender shall cooperate in the con- duct of the head count. (2) No offender shall intentionally behave in a manner that causes, results in, or …

Restricted areas; unautho- rized presence; out-of-bounds in assigned living area. (a) Restricted areas. (1) Each offender shall be required to know which areas are designated as restricted areas. No offender shall enter a restricted area without a di- rect order by an employee au…

Interference with cell oper- ation, locking devices, and visibility. (a) No of- fender shall block or otherwise interfere with the opening, closing, or locking of any door, cell door, or window, including food passage ports and slots. (b) No offender shall cover or otherwise ob- …

Restrictions. (a) No offender shall avoid, break, or violate the terms of any re- strictionthathasbeenimposedupontheoffender. (b) Each violation of this regulation shall be a class II offense. This regulation shall be effective on and after April 8, 2005. (Authorized by and imple…

Medical restrictions. (a) No offender shall participate in any program or recreational activities, partake of food or beverage items, or otherwise engage in any activity that is in violation of a documented medical restriction. (b) Each violation of this regulation shall be a cla…

Official name; alias name. (a) While committed to an institution, each of- fender shall respond when the offender is ad- dressed by the offender’s official name, as defined in K.A.R. 123-5-101. Each offender shall be re- ferred to in all official transactions, and all cor- respon…

Mail. (a) Definitions. (1)(A) “Legal mail” means mail affecting the offender’s right of access to the courts or legal counsel. This term shall include letters between the offender and any lawyer, a judge, a clerk of a court, or any intern or employee of a law firm, legal clinic, …

Posting notices and distrib- uting written materials. (a) No offender shall post or distribute any written materials without the prior, written approval of the superintendent or designee. (b) Each violation of this regulation shall be a class II offense. This regulation shall be …

Legal assistance by offend- ers. (a) In accordance with applicable facility or- ders, any offender may provide assistance pertain- ing to legal matters to another offender if both of the following conditions are met: (1) The offender receiving the assistance has requested that th…

Bulletin boards; publishing facility orders. (a) Each offender shall comply with all facility orders posted on bulletin boards designated for publishing facility orders. (b) Each facility order shall be deemed pub- lished upon being posted on a bulletin board that is designated f…

Dangerous contraband. (a) “Dangerous contraband” shall be defined as any of the following: (1) Any item, including any ingredient, part, or instructions on the creation of an item, that meets the following conditions: (A) Is inherently capable of causing serious damage to persons…

Less dangerous contra- band. (a) “Less dangerous contraband” shall be defined as either of the following: (1) Any item, including any ingredient, compo- nent, or instructions on the creation of an item, that is moderately dangerous in the institutional environment and is not issu…

Disciplinary procedure es- tablished. (a) A disciplinary procedure in accor- dance with these regulations shall be established and implemented by the superintendent of each facility. (1) “Superintendent,” as used throughout this ar- ticle, shall include the superintendent’s desig…

Waiver of rights. (a) Each offender shall be permitted to voluntarily waive the right to any time limit or process afforded by these regulations. Each waiver shall be submitted in writing and shall state the specific time limit or process being waived. The waiver shall be made in…

Prosecution by outside agency. (a) If an offender is alleged to have com- mitted an act covered by criminal law, the case shall be referred to the appropriate law enforce- ment or prosecutorial agency for consideration for prosecution, unless there is a current written statement …