Kansas Administrative Code

The disciplinary adminis- trator and hearing officers. (a) A disciplinary administrator shall be appointed by the super- intendent of each facility to manage the disci- plinary procedure for the entire facility on a con- tinuing basis. (b) One or more impartial hearing officers s…

Administration of oaths; designation of persons authorized. (a) The su- perintendent and deputy superintendent, as well as the disciplinary administrator and hearing of- ficers appointed pursuant to K.A.R. 123-13-105, shall be authorized to administer oaths to witness- es in disc…

Disciplinary report and written notice. (a) A disciplinary proceeding shall be commenced upon the making of a charge by the issuance of a disciplinary report. (1) A copy of the disciplinary report shall be served on the offender within 48 hours after the issuance of the disciplin…

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; effective April 8, 2005.)

Amendment of the charge. (a) If, in the judgment of the disciplinary admin- istrator, hearing officer, or superintendent during administrative review, the charge is incorrect or a language change would change the substance of the charge or adversely affect the defense, the charge…

Criminal prosecution and disciplinary hearing. (a) If an offender has been charged, convicted, or acquitted in a crim- inal court of a charge or for a crime arising from the same facts, the disciplinary hearing may be conducted or continued, at the hearing officer’s discretion. (…

Offender responsibilities. (a) Each offender being served shall be required either to read the disciplinary report and any as- sociated documentation or to notify the serving officer that the offender is illiterate or otherwise unable to read and understand the documents presente…

Administrative review of requests for witnesses; denial of requests; issuance of summons; voluntary nature of witness appearance. (a) The disciplinary ad- ministrator or hearing officer assigned to hear the charges shall review any written requests for wit- nesses submitted by th…

Hearing within certain pe- riod; notice to offender; time and place of hearing. (a) Except as otherwise provided in these regulations and subject to authorized con- tinuances, the disciplinary hearing to determine the offender’s guilt or innocence and to impose a penalty if a fin…

Continuing the hearing; re- cesses; time limits; extensions. (a) The disci- plinary administrator or hearing officer may grant one or more continuances or recesses of reason- able length upon application of the offender, re- porting officer, or juvenile justice authority for caus…

(B) If the officer serving the report has not been appointed as a hearing officer according to K.A.R. 123-13-105 or refers the case to another hearing officer, then the offender desiring to plead guilty or no contest to the charge at the time of service of the report shall be bro…

Presence of offender and presence of charging officer at disciplinary hearings; officer statements in lieu of tes- timony. (a) The offender shall be present at all stages of the disciplinary hearing and disposition, except as otherwise provided by these regulations or by law. (b)…

Calling witnesses. (a) In determining whether to allow the offender to call a witness from the facilities’ populations or from among the facilities’ employees, the hearing offi- cer shall balance the offender’s interest in avoid- ing a loss of good time and the assessment of res-…

Disposition. (a) The dispo- sition shall be rendered by the hearing officer in an official session with the offender present un- less otherwise provided by law or regulation. The disposition shall be made without unreasonable delay following the hearing, preferably at the con- cl…

(l) A summary record shall be made of all stag- es of the hearing. The summary record shall be the basis for all actions that are conducted on the record. (m) In class I and II offense cases, following an administrative review of the record and any need- ed adjustments of the dis…

Standard of proof. No find- ing of guilty shall be made in a disciplinary pro- ceeding unless the evidence and testimony pro- vided at the disciplinary hearing are sufficient to show by a preponderance of the evidence that the accused offender committed the alleged violation. “Pr…

Preservation of all reports. No disciplinary reports and no summary judg- ment citations shall be destroyed for any reason. If written in error or incorrectly written, the report or citation shall be assigned a case num- ber and shall be marked “void” and placed in the chronologi…

Hearing record. A com- plete written record shall be made of the disci- plinary hearing by the hearing officer who con- ducted the hearing. The written record shall include the following information: (a) A summary 731 Offender Disciplinary Procedure 123-13-509 of the disciplinary…

Copy of record provided to offender. One copy of the disciplinary case record shall be provided without cost to the of- fender. The offender shall be charged for each ad- ditional copy at the rate established by law, regula- tion, internal management policy and procedure, or faci…

Preparation of the record within 10 working days. The hearing officer shall prepare the record of each disciplinary hear- ing within 10 working days after rendering the dis- position, unless extenuating circumstances arise. If these circumstances arise, the record shall be prepar…

Docket. (a) The disciplinary administrator at each facility shall maintain a docket of all disciplinary cases filed at that facility showing the following for each case: (1) The case number; (2) the offender’s name; (3) the offender’s number; (4) the name of the living unit; (5) …

Reports in file. The disposi- tion report and disciplinary report for each case shall be placed in the file of the respective of- fender if there is a finding of guilty. If there is a not-guilty finding or if the case is dismissed, no reference to the case shall be placed or allo…

Disciplinary case log. Each disciplinary administrator shall keep a continuous log of all disciplinary reports. The reports shall be numbered and recorded. If any disciplinary re- port is voided, dismissed, or otherwise terminat- ed, the log and the report shall be annotated to r…

Serving disciplinary segre- gation sentence. Each offender sentenced to disciplinary segregation shall begin serving the sentence immediately upon imposition of the sen- tence by the hearing officer, unless the superin- tendent determines that space in the disciplinary segregatio…

Credit for disciplinary seg- regation sentence. (a) Each offender sentenced to a term in disciplinary segregation shall be granted credit to reduce the term of this sentence on a day-for-day basis for each day the sentenced offender remained in administrative segregation if that …

Absence from facility. (a)(1) No time during which an offender is away from the facility shall be credited against the service of the offender’s sentence if both of the following conditions are met: (A) The offender is sentenced for a specific pe- riod of time to any of the follo…

Collection of restitution. (a) Upon disposition of the case, restitution may be collected immediately from the offender’s trust account without any further hearing process, with the written order of the disciplinary administrator. (b) The restitution shall be taken from any mon- …

Administrative review. (a) In each class I and class II offense case, a case review 733 Offender Disciplinary Procedure 123-13-703 shall be conducted by the superintendent within seven working days after the preparation of the disciplinary hearing record. The record shall be revi…

Appeal on the record to the superintendent in class III offense cases. (a) In class III cases, each offender shall have a right of appeal to the facility’s superintendent but shall have no right of appeal to the commissioner. (b) The procedure for appeal to the superinten- dentsh…

Appeal on the record to commissioner in class I and II offense cas- es. (a) In class I and II cases, each offender shall have the right to appeal on the record to the commissioner from a final decision made by the disciplinary hearing officer, after the superinten- dent’s review …

Commissioner’s final review on appeal. (a) Within 15 working days after each appeal is received, the appealed case shall be re- viewed by the commissioner or designee. The date of receipt shall not be counted. Any one of the following actions may be taken by the com- missioner or…

Administrative review board toreviewandmakerecommendations.Thead- ministrative segregation review board established under the applicable internal management policy and procedure of the commissioner may review the record for each offender held in disciplinary segregation. This boa…

Harmless error; plain er- ror. None of the following types of errors shall be grounds for granting a new hearing, for setting aside a finding, or for vacating, modifying, or oth- erwise disturbing a disposition or order, unless the failure to take that action appears to the heari…

Offender grievance proce- dure; informal resolution; formal levels. (a) Before utilizing the grievance procedure, each of- fender shall be responsible for attempting to reach an informal resolution of the matter with the per- sonnel who work with the offender on a direct or daily…

Grievance procedure dis- tribution; orientation; applicability; reme- dies; investigation. (a) The grievance procedure regulations shall be distributed or made readily available to all offenders in each facility. (b) Each offender, upon admittance to the facil- ity, shall receive…

Time limit for filing griev- ance. (a) Each grievance shall be filed within 15 days from the date of the discovery of the event giving rise to the grievance. However, if the fif- teenth day falls on a Saturday, Sunday, or holiday, thegrievancemaybefiledonthefirstregularwork day i…

Procedure. (a) Grievance lev- el one; preliminary requirement; informal resolu- tion and problem solving by or with the assistance of the program team. (1) Each offender shall first seek information, advice, or help on any matter from the offender’s program team or from a member …

Reprisals prohibited. No ad- verse action shall be taken against any offender for use of the grievance procedure, unless the offend- er uses the grievance procedure to communicate a threat to another person or to the security of the institution or to commit any unlawful act. 738 …

Records. (a) Nature and re- tention. Records regarding the filing and dispo- sition of grievances shall be collected and main- tained systematically by the facility. These records shall include aggregate information regarding the numbers, types, and dispositions of grievances, as…

Annual review. (a) The records regarding the filing and disposition of grievances shall be reviewed annually by the com- missioner or designee to determine the effective- ness and credibility of the grievance procedure. (b) Each review shall include the following: (1) An analysis…

Emergency grievance pro- cedure. (a) “Emergency grievance” shall mean a grievance for which disposition using the regular time limits would subject the offender to a sub- stantial risk of personal injury or cause other seri- ous and irreparable harm to the offender. (b) In emerge…

Special procedures for sex- ual abuse grievances; sexual harassment grievances and grievances alleging retalia- tion for filing same; reports of sexual abuse 739 Offender Grievance Procedure 123-15-107 or sexual harassment submitted by third par- ties. (a) Definitions. For the pu…

Special kinds of problems. (a) If an offender wants to bring a problem to the attention of a higher authority without going through the regular grievance procedure, the of- fender may send a sealed letter or grievance re- port form to the facility’s superintendent or the commissi…

Reporting loss of or damage to property; claims. (a) Each offender shall im- mediately report any loss of or damage to the of- fender’s personal property and to any state-owned property issued to the offender. When reporting property damage or loss, the offender shall use the app…

Personal property at of- fender’s own risk. Each offender who has per- sonalpropertyatafacilityshalldosoattheoffend- 742 DEPT. OF CORRECTIONS—DIV. OF JUVENILE SERVICES 123-17-101 er’s own risk. The loss of or damage to personal property shall not provide a basis for recovery on a…

Community-based grad- uated responses for technical violations of probation, violations of conditional release, and violations of a condition of sentence. (a) For documenting and determining whether any technical violation of probation, violation of con- ditional release, or viol…

Term of incarceration. (a) “Term of incarceration,” as used in Sections 67 and 70 of 1997 House Substitute for SB 69, is the length of detention that a juvenile offender shall serve in a Editor’s Note: Pursuant to Executive Reorganization Order (ERO) No. 42, the Kansas Juvenile J…

Duties of superintendents. Subject to the supervision of the commissioner or designee and the applicable laws, regulations, and internal management policies and procedures, each superintendent shall perform the following: (a) Oversee the government and discipline of the facility …

Regulations, internal man- agement policies and procedures, and facil- ity orders; publication and availability to of- fenders. (a) Facility orders may be issued by each superintendent, subject to the provisions of law, regulations, and internal management policies and procedures…

Trafficking in contraband. (a) No person shall engage in any of the following without the prior consent of the superintendent: (1) Introducing or attempting to introduce any item into or upon the grounds of a juvenile correc- tional facility or institution; (2) taking, sending, o…