Kansas Administrative Code

State prosecution and dis- ciplinary hearing. (a) If the inmate has been charged, convicted, or acquitted in a criminal 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. (b) Wh…

(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; amended May 1, 1985; re- voked April 20, 1992.)

(Authorized by and implement- ing K.S.A. 1983 Supp. 75-5210; effective May 1, 1980; amended, T-83-23, Aug. 11, 1982; amend- ed, T-84-6, May 1, 1983; amended May 1, 1984; amended May 1, 1985; revoked April 20, 1992.)

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 April 20, 1992; revoked Feb. 15, 2002.)

(Authorized by and imple- menting K.S.A. 75-5210; effective May 1, 1980; amended May 1, 1981; amended, T-83-23, Aug. 11, 1982; amended, T-84-6, May 1, 1983; amend- ed May 1, 1984; amended May 1, 1986; revoked April 20, 1992.)

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, T-83- 23, Aug. 11, 1982; amended, T-84-6, May 1, 1983; amended May 1, 1984; amended April 20, 1992; revoked Feb. 15, 2…

(Authorized by K.S.A. 1979 Supp. 75-5210; effective May 1, 1980; revoked May 1, 1984.)

Inmate responsibilities. It shall be the responsibility of each inmate being served to read the disciplinary report and any as- sociated documentation, or to notify the serving staff that the inmate is illiterate or otherwise un- able to read and understand the documents pre- sen…

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 time; notice to inmate; time and place of hearing. (a) Except as otherwise provided in these regula- tions, the administrative hearing by a hearing of- ficer of the facility to determine the inmate’s guilt or innocence and impose a penalty in the event of a…

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, 1984; amended April 20, 1992; revoked Feb. 15, 2002.)

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 appropri- ate and reasonable length upon application of the inmate,reportingofficer,thehearingofficer,aunit team …

Conducting the disciplinary hearing. (a) The disciplinary hearing shall consist of the following procedures: (1) The hearing officer shall initially inform the inmate of the charges and take the inmate’s plea. (2) Secondly, the hearing officer shall deter- mine guilt or innocence…

Presence of inmate and pres- ence of charging officer at disciplinary hear- ings; officer statements in lieu of testimony. (a) The inmate shall be present at all stages of the disciplinary hearing and disposition except as oth- erwise provided by these regulations or by law. Subj…

(Authorized by and implement- ing K.S.A. 1982 Supp. 75-5210; effective May 1, 1980; amended May 1, 1981; amended, T-83-23, 480 DEPARTMENT OF CORRECTIONS 44-13-405a Aug. 11, 1982; amended, T-84-6, May 1, 1983; amended May 1, 1984; revoked April 20, 1992.)

Calling witnesses. (a) In determining whether to allow the inmate to call a witness from the facility population or from among facility employees, the hearing officer shall balance the inmate’s interest in avoiding loss of good time and assessment of a fine or placement in discip…

Disposition. (a) The disposition shall be rendered by the hearing officer in an of- ficial session with the inmate present unless oth- erwise provided by law or regulation. The dispo- sition shall be made without unreasonable delay following the hearing, preferably at the conclu-…

(Authorizedbyandimplementing K.S.A. 75-5210; effective May 1, 1980; amended, T-83-23, Aug. 11, 1982; amended, T-84-6, May 1, 1983;amendedMay1,1984;amendedMay1,1985; amended May 1, 1986; revoked April 20, 1992.)

Assistance from staff. (a) If the hearing officer finds that at least one of the follow- ing conditions is met, the hearing officer shall ap- pointastaffmemberfromanapprovedlisttoactas staff assistant to aid the inmate at the disciplinary hearing and to question relevant witnesse…

Standard of proof. No finding of guilty shall be made in a disciplinary proceed- ing unless the institution or facility has produced evidence and testimony sufficient to show guilt of the inmate by a preponderance of the evidence. “Preponderance of the evidence” shall be that sta…

Preservation of all reports. No disciplinary reports or summary judgment ci- tations shall be destroyed for any reason. If writ- ten in error or incorrectly written, the report or citation with the case number shall be marked “void” and placed in the disciplinary chronological fi…

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

Hearing record. A complete written record shall be made of the disciplinary hearing by the hearing officer who conducted the hearing. The written record shall include the fol- lowing information: (a) A summary of the disciplinary hearing show- ing compliance with the provisions o…

(Authorized by and implement- ing K.S.A. 75-5210; effective May 1, 1980; amend- ed May 1, 1984; amended May 1, 1986; amended May 1, 1987; revoked April 20, 1992.)

(Authorized by K.S.A. 75-5210; effective May 1, 1980; amended May 1, 1984; amended May 1, 1986; revoked April 20, 1992.)

Copy to the inmate. No charge shall be made for the first single copy of the disci- plinarycaserecordprovidedtoaninmate.(Autho- rized by K.S.A. 1979 Supp. 75-5210, 75-5210(f); effective May 1, 1980.)

Preparation of the record in 10 working days. The record of the disciplinary hearing shall be caused by the warden or designee to be prepared within 10 working days after the rendering of the disposition by the hearing officer, unless extenuating circumstances arise. If such circ…

Docket. (a) A docket of dis- ciplinary cases shall be maintained, showing the following: (1) The case number; (2) the inmate’s name; (3) the inmate’s number; (4) the cell house; (5) the offense and its classification; and (6) the name and title of the reporting officer. Space sha…

Disciplinary reports in file. The case disposition report and disciplinary re- port shall be placed in the inmate’s file if there is a finding of guilty. No reference to the case shall be made in the inmate’s file if the inmate is not found to be guilty or if the case is dismisse…

Disciplinary case log. The dis- ciplinary 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 reflect that fac…

Serving sentence. Each in- mate shall begin serving the sentence immedi- ately upon imposition of sentence by the hearing officer, unless the warden or designee determines that space in the disciplinary segregation area is not immediately available or that immediate placement of …

Time not credited for admin- istrative segregation. If the inmate is held in administrative segregation before the disciplinary hearing for some administrative reason, other than merely to await the disciplinary hearing or for investigation of the offense, then that time spent in…

Absence from facility. (a) If the inmate is sentenced to disciplinary segrega- tion, restriction to cell, or restriction from privi- leges and if the inmate is then transferred out to court or to a mental hospital before commencing or completing the sentence, that time spent out-…

Collection of fines. (a) Upon disposition of the case, a fine may be collected immediately, without further hearing process, from the inmate’s trust account. The fine shall be collected only on written order of the disciplinary administrator. (b) The fine shall be taken from any …

Administrative review. (a) In class I and II offense cases, within seven working days after preparation of the record, there shall be a review of the case, without the presentation of further arguments from either side, regard- ing compliance with the disciplinary procedure. One …

Appeal on the record to the warden of the facility in class III offense cas- es. (a) In class III offense cases, the inmate shall have a right of appeal to the warden of the facility, and shall not have a right of appeal to the secre- tary of corrections. (b) The procedure for ap…

Appeal on the record to sec- retary of corrections in class I and II offense cases only. (a) In class I and II offense cases, the inmate shall have the right to appeal on the record to the secretary of corrections from a final deci- sion made by the disciplinary hearing officer, …

Secretary of corrections’ fi- nal review on appeal. (a) Within 15 working days after an appeal is received, all cases appealed to the secretary shall be reviewed by the secretary or designee. Any of the following actions may be taken by the secretary or designee: (1) Approve the …

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 April 20, 1992; revoked Feb. 15, 2002.)

Administrative review board to review and make recommendations. The administrative segregation review board estab- lished under the applicable internal management policy and procedure of the secretary may review the inmates held in disciplinary segregation. This board may, at any…

Harmless error; plain error. 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 refusal to take that action appears to the hearing offi…

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1992 Supp. 75-5210, 75-5251, 75-7552; effective May 1, 1980; amend- ed May 1, 1984; amended Dec. 6, 1993; revoked Feb. 15, 2002.)

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1992 Supp. 75-5210, 75-5251, 75-7552; effective May 1, 1980; amend- ed May 1, 1984; amended Dec. 6, 1993; revoked Feb. 15, 2002.)

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1992 Supp. 75-5251, 75- 5252;effectiveMay1,1980;amendedMay1,1981; amended Dec. 6, 1993; revoked Feb. 15, 2002.)

This revocation shall be effective on and after February 15, 2002. (Authorized by K.S.A. 75-5251, K.S.A. 1979 Supp. 75-5252, 75- 5252(c); effective May 1, 1980; revoked Feb. 15, 2002.)

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1992 Supp. 75-5210, 75-5251, 75-5252; effective May 1, 1980; amend- ed May 1, 1981; amended Dec. 6, 1993; revoked Feb. 15, 2002.)

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1993 Supp. 75-5210, 75-5251, 75-5252; effective May 1, 1980; amend- edMay1,1981;amended,T-83-23,Aug.11,1982; amended, T-84-6, May 1, 1983; amended May 1, 1984; amended Dec. 6…

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1992 Supp. 75-5210, 75-5251, 75-5252; effective May 1, 1980; amend- ed May 1, 1984; amended May 1, 1985; amended Dec. 6, 1993; revoked Feb. 15, 2002.)

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210, 75-5252; effective May 1, 1980; amended May 1, 1984; revoked Feb. 15, 2002.)

This revocation shall be effective on and after February 15, 2002. (Authorized by and implementing K.S.A. 1992 Supp. 75-5210, 75-5251, and 75-5252; effective May 1, 1980; amended May 1, 1984; amended Dec. 6, 1993; revoked Feb. 15, 2002.)