Kansas Administrative Code

(Authorized by and implement- ing K.S.A. 75-5294, 75-52,104, 75-52,105; effec- tive May 1, 1981; amended, T-84-6, March 29, 1983; amended May 1, 1984; amended May 1, 1986; revoked Feb. 6, 1989.)

(Authorized by K.S.A. 1980 Supp. 75-5294; implementing K.S.A. 1980 Supp. 75-52,106; effective May 1, 1981; revoked March 5, 1990.)

Prohibition of use of commu- nity corrections grant funds; maintenance and documentation of funds. (a) A governing authority shall not use community corrections grant funds to replace available public or private funding of existing programs. (b) A governing authority may request …

(Authorized by and implement- ing K.S.A. 75-5296 and 75-52,105; effective May 1, 1984; amended Feb. 6, 1989; revoked March 5, 1990.)

Unexpended funds. (a) Unex- pended funds may be transferred by the secretary to another county or counties. Any county may make application to the secretary for the unex- pended funds. The county shall provide the sec- retary with a statement of why the funds are nec- essary, doc…

Use of grant funds for real estate acquisition and capital construction; use of grant funds for the purchase of prop- erty and supplies. (a) Real estate acquisition and capital construction. (1) Grant funds may be used for the purchase of real estate, land, or buildings, or for c…

Use of grant funds for re- modeling or renovation. (a) Grant funds may be used to remodel or renovate space for com- munity corrections use. Any remodeling or ren- ovation with an aggregate cost of $5,000 or more shall require the prior approval of the secretary. This space may b…

Use of grant funds to contract for services. (a) Grant funds may be used to con- tract for services or to provide services directly. (b) Each community corrections agency shall make all contracts between the agency and other entities and individuals available to the secretary for…

Use of grant funds to pur- chase jail space. Grant funds may be used to pur- chase jail space for purposes of operating a work release program. Grant funds shall not be used to purchasejailspaceaspartofasentenceortodetain an offender pending revocation proceedings. Each community…

Urinalysis tests for controlled substances. (a) Community corrections programs operating urinalysis testing equipment may seek exemption from department of health and envi- ronment requirements by making application for exemption to the secretary of corrections. Programs shallber…

Use of grant funds for copy- rights and patents; research projects. (a) An itemthatisdeveloped,designed,orotherwisecre- ated with community corrections funds and that is copyrighted, patented, or placed under similar re- strictions shall be made available to state agencies and ot…

Violation of statutes, other regulations, or orders. (a) Unless otherwise designated in this rule book, violation of state or federal statutes shall be a class I offense if the stat- ute is a felony crime. A violation shall be a class II offense if the statute designates a misdem…

Violation of published in- ternal management policies and procedures or of published orders. Each violation of any published internal management policies and procedures of the secretary of corrections or any published orders of the warden of the facility shall be an offense of th…

Inmate clothing. (a) Turn-in and issuance. Inmates shall turn in all personal clothing upon admission to a facility. Clothing fur- nished by the state facility shall be worn by all in- mates unless exception is granted by the principal administrator with the approval of the secre…

Personal cleanliness. Inmates shall shower or bathe a minimum of once a week. Inmates shall brush their teeth a minimum of once a day. Violation of this rule shall be a class III offense. (Authorized by and implementing K.S.A. 1990 Supp. 75-5210; effective May 1, 1980; amended Ap…

Tattoos, body piercing, and body markings. (a) Inmates shall not place on or remove from, or allow to be placed on or removed from their body any tattoo or body marking, nor shall they place on or remove from the body of an- other inmate any tattoo or body marking. Remov- al or a…

Care of living quarters. Every inmate shall keep his or her living quarters in a neat, clean and sanitary condition. Clothing shall be neatly hung or stored in designated places. Beds shall be made at all times when not in use. Linens shall be exchanged in accordance with the est…

Unsanitary practices. (a) No inmate shall throw trash of any kind upon the floors, sidewalks, or grounds of any facility. All rubbish shall be placed in the containers provided for that purpose. No inmate shall spit upon the floors, sidewalks, and grounds or within any facil- ity…

Hair standards and appear- ance. (a) Each inmate shall keep the inmate’s hair neat and clean and follow reasonable health and safety standards. When working in food services, each inmate shall wear a cook’s hat, or net, or both for sanitary purposes. Inmates working in food servi…

Use of safety devices. Each inmate shall use safety devices provided in accor- dance with the orders of the warden. Violation of this regulation shall be a class II offense. Alterna- tively, violation of this regulation may be handled according to the summary disposition procedur…

Attempt, conspiracy, ac- cessory, solicitation; liability for offenses of another. Each attempt or conspiracy to violate any regulation, or acting as an accessory for any offense, or soliciting another or other persons to commit any offense, shall carry the same penalty as that f…

Increased penalty for in- volving or victimizing an inmate under 18. (a) If any inmate who is 18 years of age or older involves, induces, or solicits an inmate who is less than 18 to commit an offense, or if the victim of an offense committed by the older inmate is an in- mate wh…

Conviction of four offenses in six months. Upon conviction of the fourth of- fense of the same class within the immediate prior six month period, the hearing officer may impose a sentence for such fourth offense not greater than twice the maximum that can be imposed for an offens…

Class I offenses. (a) Class I offenses shall be any of the following: (1) Those violations of a very serious nature that are designated in this article as class I offenses, whether or not the offense is also a violation of law; (2) those violations of law designated by the laws o…

Class II offenses. (a) Class II offenses shall be any of the following: (1) Those offenses of moderate seriousness that are designated in this article as class II offenses, whether or not the offenses are also violations of the law; (2) those violations of law designated by the l…

Class III offenses. (a) Class III offenses shall be those offenses of a less se- rious nature that are designated in this article as class III offenses, whether or not the offense is also a violation of law. Each violation of any pub- lished secretary of corrections’ regulation o…

(Authorized by and implement- ing K.S.A. 1983 Supp. 75-5210; effective May 1, 1980; amended May 1, 1981; amended, T-83-23, Aug. 11, 1982; amended, T-84-6, May 1, 1983; amended May 1, 1984; revoked April 20, 1992.)

Use of fines. Fines shall be deposited in the inmate benefit fund. (Authorized by K.S.A. 1979 Supp. 75-5210, 75-5210(f); effec- tive May 1, 1980.)

Use of restitution. (a) When restitution is used in the disciplinary process, the following requirements and limitations shall apply: (1) The amount of and manner of payment of restitution imposed may be appealed in the same mannerandtothesameextentasthoseforanyoth- er appeal of …

Fines and restitution, impo- sition and collection; limits. Fines shall be fair- ly and appropriately used. Fines shall not be used in a way that disrupts family support payments, tax payments, or court-ordered restitution payments. This amendment shall be effective on and af- te…

Disciplinary segregation; limits. (a) The maximum sentence of disciplinary segregation for all violations arising out of one in- cident shall not exceed 60 days. (b) Continuous confinement in disciplinary seg- regation for more than 30 days shall require the review and approval o…

Registration and use of per- sonal property. (a) It shall be the responsibility of each inmate to make certain that any items of personal property in the inmate’s possession as designated by department of corrections internal management policy and procedure or orders of the warde…

Radios, televisions, musical instruments, and other sound equipment. (a) All personal radios, televisions, and other elec- tronic sound equipment shall be played only in accordance with the orders of the warden. The size, type, and capacity of this equipment shall be limited by i…

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

Taking without permission. (a) No inmate shall take without permission, re- gardless of the intent, articles of any kind from any other person or place, nor shall the inmate obtain these articles by fraud or dishonesty. (b) Violation of this regulation shall be a class II offense…

Unauthorized dealing and trading. (a) Trading, borrowing, loaning, giving, receiving, selling, and buying goods, services, or any item with economic value between or among inmates without written permission of the warden or designee shall be prohibited. (b) Violation of this regu…

Debt adjustment or collec- tion prohibited. All debt adjustment or collec- tionamonginmatesisstrictlyprohibited.Violation of this rule shall be a class II offense. (Authorized by K.S.A. 1979 Supp. 75-5210, 75-5210(f); effec- tive May 1, 1980.)

Gambling and bookmaking. An inmate shall not make any bet, operate or bank any gambling pool or game, keep book, or engage in any form of gambling. An inmate shall not pos- sess, transfer, sell, distribute, nor obtain dice or other gambling paraphernalia. An inmate shall not rece…

Misuse of state property. No inmate shall destroy, damage, deface, alter, misuse, or fail to return when due any article of property owned by the state, whether issued by the depart- ment of corrections or another state agency, in- cluding clothing and shoes. Normal wear and tear…

Entering into contracts, in- curring financial obligations. No inmate shall enter into a contract, or incur any financial obliga- tion, including orders by mail, without the princi- pal administrator’s approval. Violation of this rule shall be a class III offense. (Authorized by …

Accounts. No inmate shall es- tablish or have access to any checking or savings account outside the trust fund while confined in a correctional facility. Violation of this regulation shall be a class II offense. (Authorized by K.S.A. 2006 Supp. 75-5210; implementing K.S.A. 2006 S…

Telephones or other commu- nication devices. (a) When using any authorized inmate telephone, no inmate shall perform or en- gage in any of the following: (1) Use another inmate’s personalized identifi- cation number (PIN) or permit another inmate to use the inmate’s PIN; (2) be a…

Accessing unauthorized computer-based information; unauthorized computer communications. (a) No inmate shall perform any of the following: (1) Access, or attempt to access, any informa- tion, data, images, or other material residing on or stored in any computer or available throu…

Fighting. (a) Fighting or any other activity that constitutes violence or is likely to lead to violence shall be prohibited. (b) It shall be an affirmative defense, for which 455 Conduct and Penalties 44-12-308 the offender shall bear the sole burden of proof, if the offender is …

Noise. Inappropriate booing, whistling, shouting, or other loud and disturbing noises are not permitted. Violation of this rule shall be a class III offense. (Authorized by K.S.A. 1979 Supp. 75-5210, 75-5210(f); effective May 1, 1980.)

Lying. (a) Every inmate shall speak the truth. No inmate shall lie, misrepresent the facts, mislead, or give false or misleading in- formation to an officer, employee, or any other person assigned to supervise inmates or others having a right to know. No inmate shall make any fal…

Disobeying orders. (a) Each inmate shall promptly and respectfully obey any order, directive, or instruction given to the inmate by any employee of the facility, or by an employee ofanyotheragencyorofanorganizationorfirmin charge of the inmate. In case of conflicting orders, the …

Insubordination or disre- spect to officers or other employees. (a) Each inmate shall be attentive and respectful towards employees, visitors, and officials. The showing of disrespect, directly or indirectly, or being ar- gumentative in any manner shall be considered insubordinat…

Threatening or intimidating any person. (a) An inmate shall not threaten or intimidate, either directly or indirectly, any person or organization. This regulation shall specifically prohibit con- ditional threats or intimidation. Violation of this subsection shall be a class I of…

Avoiding an officer. No inmate shall run from or deliberately avoid any officer, supervisor, or employee if required, ordered, or requested to be present to talk with, be accounted for, be searched, or be questioned by the officer, supervisor, or employee. Violation of this regul…