Kansas Administrative Code

Improper use of prepared or served food. No inmate shall accept more pre- pared or served food or drink than the inmate will consume. No inmate shall wastefully and delib- 456 DEPARTMENT OF CORRECTIONS 44-12-309 erately destroy prepared or served food. Inmates shall not carry any…

Kitchen utensils and shop tools. (a) No inmate shall remove or have in pos- session any eating or cooking utensils or tools without proper authorization. (b) Violation of this regulation shall be a class II offense. However, possession of utensils or tools may be considered posse…

Misconduct in dining room. (a) All inmates shall enter and leave the dining room in accordance with the established proce- dure at each facility, and shall conduct themselves in an orderly manner while in the dining room. (b) Violation of this regulation shall be a class II offen…

Being in a condition of drunkenness, intoxication, state of altered consciousness. No inmate shall at any time be drunk, intoxicated, or be in a chemically induced state of altered consciousness. Violation of this rule shall be a class I offense. (Authorized by K.S.A. 1979 Supp. …

Use of stimulants, sedatives, unauthorized drugs, or narcotics, or the mis- use or hoarding of authorized or prescribed medication. (a) No inmate shall take into the bodily system any kind of substance that is capa- ble of producing intoxication, hallucination, stim- ulation, dep…

Sexually explicit materials. (a) Noinmateshallhaveinpossessionorundercontrol any sexually explicit materials, including drawings, paintings, writing, pictures, items, and devices. (b) The material shall be considered sexually ex- plicit if the purpose of the material is sexual ar…

Sexual activity; aggravated sexual activity; sodomy; aggravated sodomy. (a) No inmate shall commit or induce others to commit an act of sexual intercourse or sodomy, even with the consent of both parties. Participa- tion in such an act shall be prohibited. (b) No inmate shall for…

Lewd acts. (a) No inmate shall engage in a lewd or lascivious manner in any act of kissing, fondling, touching, or embracing, wheth- er with a person of the same or opposite sex. (b) An inmate shall not intentionally expose or manipulate a sex organ with the knowledge or rea- son…

(Authorizedbyandimplementing K.S.A. 1982 Supp. 75-5210; effective May 1, 1980; amended May 1, 1984; revoked April 20, 1992.)

Falsifying documents. No in- mate shall falsify any document. Violation of this rule shall be a class II offense. (Authorized by and 458 DEPARTMENT OF CORRECTIONS 44-12-318 implementing K.S.A. 1990 Supp. 75-5210; effec- tive May 1, 1980; amended April 20, 1992.)

Disruptive behavior. (a) No inmate shall start or get others to start, or perform or participate in, or help others to perform or par- ticipate in any disruptive behavior. (b) Violation of this regulation shall be a class II offense. Alternatively, violation of this regulation ma…

Riot or incitement to riot. (a) Riot is any use of force or violence by three or more persons acting together and without the authority of law which produces a breach of the peace on the premises of a correctional facility whether within or without the security perimeter itself, …

This revocation shall be effec- tive on and after February 15, 2002. (Autho- rized by K.S.A. 1979 Supp. 75-5210, 75-5210(f); effective May 1, 1980; revoked Feb. 15, 2002.)

Interfering with official du- ties. No inmate shall intentionally disrupt, sabo- tage, impede, or interfere with the performance of official duties by any officer, employee, or contract employee. Violation of this regulation shall be a class I offense. (Authorized by and implemen…

Conduct regarding visitors or the public. (a) Each inmate shall treat visi- tors and members of the public in a respectful and helpful manner. Each inmate shall comply with the orders of the warden regarding contact with visitors and the public and shall maintain a dignified and …

Arson. Arson is knowingly, by means of fire or explosive, damaging any proper- ty. Violation of this rule shall be a class I offense. (Authorized by K.S.A. 1979 Supp. 75-5210, 75- 5210(f); effective May 1, 1980.)

Assault. An assault is an inten- tional threat or attempt to do bodily harm to an- other, coupled with apparent or recognizable abil- ity to carry out the threat or attempt, and resulting inimmediateapprehensionorfearofbodilyharm. No bodily contact is necessary. Violation shall b…

Battery. Battery is the unlawful or unauthorized, intentional touching or applica- tion of force to the person of another, when done in a rude, insolent, or angry manner. Violation of this rule shall be a class I offense. (Authorized by and implementing K.S.A. 1990 Supp. 75-5210;…

Security threat groups; in- mate activity; limitations. (a) No proselytizing of religious faiths or beliefs shall be allowed in the facilities. “Proselytizing” shall be defined as an active effort to persuade a person to convert to a religious belief without the person’s prior co…

This revocation shall be ef- fective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1990 Supp. 75-5210; effective, T-84-32, Nov. 23, 1983; effective May 1, 1984; amended April 20, 1992; revoked Feb. 15, 2002.)

Interference with restraints. (a) No inmate shall interfere with or assist other inmates in interfering in any way with handcuffs or other restraints that have been, or are being, applied to the inmate by an officer or employee. An inmate shall not remove or attempt to remove tha…

Undue familiarity. (a) No in- mate shall solicit, encourage, establish, or partici- pate in any type of personal relationship with any staff member, contract personnel, volunteer, or employee of any other organization in charge of the inmate. A personal relationship shall be de- …

Work performance. (a) No in- mate shall intentionally interfere with, delay, or disrupt work in progress, or sabotage the work, machinery, systems, or products, nor shall any inmate assist or participate in these actions. Vio- lation of this subsection shall be a class I offense.…

Answering calls or passes. (a) Each inmate shall respond promptly to all calls made for the inmate and shall move from place to place as required by the orders of the facility. No inmate shall destroy a pass issued to that inmate. Each inmate shall present a pass to the proper pe…

Responsibility for counts. Every inmate shall be present at the proper time and place of counts, in accordance with the or- ders of the principal administrator. Causing a 460 DEPARTMENT OF CORRECTIONS 44-12-503 delay that renders the count inaccurate or more difficult, or failure…

Restricted area and unautho- rized presence or out-of-place in assigned domicile. (a) Restricted area. Each inmate shall be aware of all restricted areas. No inmate shall enter a restricted area without a direct order by a correctional employee authorized to render this order or …

Interference with cell oper- ation and visibility. (a) No inmate shall block or otherwise interfere with the operation of the cell opening and closing mechanism in any way, including food passage ports or slots. No inmate shall cover the inmate’s cell, including food pas- sage po…

Restriction. No inmate shall avoid, break, or violate the terms of a restriction which has been imposed upon him or her. Viola- tion of this rule shall be a class II offense. (Autho- rized by K.S.A. 1979 Supp. 75-5210, 75-5210(f); effective May 1, 1980.)

Medical restriction. In order not to aggravate any injury, illness, or other med- ical condition, no inmate shall participate in any work or recreational activities, or partake of food items, in violation of a documented medical re- striction that the inmate has received. Violati…

Change of name as it ap- pears on journal entry of sentence, convic- tions. In all matters an inmate shall respond to officials when addressed by the name under which he was committed to the custody of the secretary of corrections until discharged from sentence. An inmate shall b…

(b) Except as specified in subsection (a), the use or possession of any telephone or any communi- cation device by an inmate without the permis- sion of the warden or warden’s designee shall be prohibited. (c) For purposes of this regulation, “minor” shall mean a person under the…

Posting notices. No inmate may post or distribute any written communica- tions without the written approval of the warden or designee. Violation of this regulation shall be a class II offense. This amendment shall be effective on and af- ter February 15, 2002. (Authorized by and …

(Authorized by K.S.A. 1979 Supp. 75-5210, 75-5210(f); effective May 1, 1980; revoked April 20, 1992.)

Legal assistance by inmates. In accordance with applicable rules of the facility, an inmate may give, but shall not charge for, as- sistance in legal matters to another inmate if the assistance is requested by the other inmate. Vio- lation of this regulation shall be a class II o…

Bulletin boards. (a) No inmate shall remove any item from any bulletin board. Each inmate shall be held responsible for compli- ance with orders published by posting on the bul- letin boards. Bulletin boards shall be used by and shall be under the exclusive control of the warden …

Dangerous contraband. (a) Dangerous contraband shall be defined as any of the following: (1) Any item, or any ingredient or part of or instructions on the creation of an item, that is inherently capable of causing damage or injury to persons or property, or is capable or likely t…

Contraband. (a) Contraband shall be defined as either of the following: (1) Any item, or any ingredient or part of or instructions for the creation of the item, that is not issued by the department of corrections, sold through the facility canteen, or specifically au- thorized or…

Tobacco contraband. (a) For the purposes of this regulation, each of the follow- ing terms shall have the meaning specified in this subsection: (1) “Tobacco products” means cigarettes, cigars, pipe tobacco, loose-leaf tobacco, chewing tobac- co, and smokeless tobacco. This term s…

Disciplinary procedure estab- lished, general description of system. (a) A dis- ciplinary procedure in accordance with these regu- lationsshallbeimplementedbythewardenofeach facility.Theterm“warden,”asusedthroughoutthis article, shall include the warden’s designee. (b) Prosecutio…

Waiver of rights. (a) Each in- mate shall be permitted to voluntarily waive the right to any time limit or process afforded by the disciplinary procedure regulations in this article. The waiver shall be in writing and shall state with specificity the particular time limit or proc…

(Authorized by K.S.A. 1980 Supp. 75-5210; effective May 1, 1980; amended May 1, 1981; revoked, T-83-23, Aug. 11, 1982; re- voked, T-84-6, May 1, 1983; revoked May 1, 1984.)

Prosecution by outside agen- cy. (a) When an inmate allegedly commits an act covered by criminal law, the case shall be referred to the appropriate law enforcement or prosecutori- al agency for consideration for prosecution unless the prosecutor provides a written statement re- q…

This revocation shall be ef- fective on and after February 15, 2002. (Au- thorized by and implementing K.S.A. 1990 Supp. 75-5210; effective May 1, 1980; amended May 1, 1981; amended May 1, 1984; amended April 20, 1992; revoked Feb. 15, 2002.)

The disciplinary administra- tor and hearing officers. (a) A disciplinary ad- ministrator shall be appointed by the warden of each facility to manage the disciplinary process for the entire facility. Any suitable employee may be designated by the warden to carry out this task on …

Administration of oaths; des- ignation of persons authorized. (a) The war- den, a deputy warden, the disciplinary adminis- trator appointed pursuant to K.A.R. 44-13-105, and those persons serving as hearing officers at the facility disciplinary hearings shall be autho- rized to a…

(Authorized by and implement- ing K.S.A. 75-5210; effective May 1, 1984; amend- ed May 1, 1987; revoked April 20, 1992.)

Disciplinary report and writ- ten notice. (a) A disciplinary proceeding shall be commenced upon the making of a charge by a dis- ciplinary report. (1) The inmate shall be notified in writing by personal service of a copy of the report upon the inmate within 48 hours after the iss…

Diversion procedure. (a) In any case involving one or more alleged class I or class II offenses, the charged inmate’s unit team manager may initiate, or a member of the inmate’s unit team in the inmate’s assigned housing unit may request, consideration of diversion of the pending…

Summary judgment proce- dure.(a)Inanycaseinvolvingoneormorealleged class II or class III offenses, the reporting officer may offer the inmate the option of resolving the matter through the summary judgment procedure as an alternative to writing a disciplinary report that leads to…

Amendment of the charge. (a) If, in the judgment of the disciplinary admin- istrator, hearing officer, or warden during admin- istrative review, the charge is incorrect or a lan- guage change would change the substance of the charge or adversely affect the defense, the charge sha…