Kansas Administrative Code

(Authorized by and implement- ing K.S.A. 1993 Supp. 21-4722; effective Sept. 13, 1993;amendedJan.3,1995;revokedSept.6,2002.)

(Authorized by and implementing K.S.A. 75-5201, 75-5251, K.S.A. 1983 Supp. 75- 5210, 75-5252; effective May 1, 1980; amended May 1, 1984; revoked March 22, 2002.)

(Authorized by K.S.A. 75-5251, K.S.A. 1979 Supp. 75-5210, 75-5210(f), 75-5252, 75-5267, 75-5267(b)(2); effective May 1, 1980; re- voked March 22, 2002.)

Inmate visitation. (a) Orders shall be promulgated by the warden to govern in- mate communication with family, friends, relatives, and others through visits to the facility. Further elaboration of this regulation through the internal managementpoliciesandproceduresshallbemade by …

(Authorized by and implementing K.S.A. 75-5210, 75-5251, 75-5267; effective May 1, 1980; amended May 1, 1987; revoked March 22, 2002.)

(Authorized by and implement- ing K.S.A. 75-5251, K.S.A. 1983 Supp. 75-5210, 75-5211; effective May 1, 1980; amended May 1, 1984; revoked March 22, 2002.)

(Authorized by and implementing K.S.A. 75-5210, 75-5251; effective May 1, 1980; amended May 1, 1984; amended May 1, 1986; re- voked March 22, 2002.) 436 DEPARTMENT OF CORRECTIONS 44-7-108

Private non-prison employ- ment. (a) The principal administrator of any facil- ity designated by the secretary for such a program shall establish a program whereby inmates having a minimum or medium security classification may work at paid employment for a private industry or oth…

(Authorized by K.S.A. 75-5250, 75-5251, K.S.A. 1979 Supp. 75-5210, 75-5210(a), (b) and (f), 75-5211; effective May 1, 1980; re- voked March 22, 2002.) 44-7-110 and 44-7-111. (Authorized by K.S.A. 75-5251, K.S.A. 1980 Supp. 75-5210, 75- 5210(a), (b) and (f), 75-5211; effective May…

(Authorized by K.S.A. 75-5251, K.S.A. 1979 Supp. 75-5210, 75-5210(a), (b) and (f), 75-5211, 75-5256; effective May 1, 1980; re- voked March 22, 2002.)

Religious activity. (a) Clergy members from recognized religious faiths may hold religious services in the facilities, at their own expense and at the times authorized by and in ac- cordance with the warden’s general orders. (b) A group of two or more inmates of a com- mon religi…

(Authorized by and implementing K.S.A. 75-5210(c); effective June 4, 1990; revoked March 22, 2002.)

(Authorized by and implementing K.S.A. 1990 Supp. 75-5210; effective April 20, 1992; revoked March 22, 2002.)

(Authorized by and implementing K.S.A. 1992 Supp. 75-5211, as amended by 1993 H.B. 2129, §1; effective Sept. 13, 1993; revoked March 22, 2002.)

Definitions. (a) “Community fa- cilities and services administrator” means the per- son employed by the secretary of corrections with the responsibility for the statewide administration of the work release program and jail inspection. (b) “Employer” means those persons, busi- nes…

Work release participation. (a) Regulations on work release may be explained and interpreted in secretary of corrections’ inter- nal management policies and procedures (IMPP) and the inmate shall refer to them before reliance upon any specific provision of these work release regu…

Extended limits of confine- ment. (a) Participant’s place of confinement shall be designated to be that facility to which he or she is assigned for work release participation. He or she shall remain in that facility at all times except when going to, returning from, or engag- ing…

Work release plan agree- ments. (a) A written agreement shall be executed between the secretary of corrections or designee and the participant which (1) Prescribes the standards for the participant conduct. 438 DEPARTMENT OF CORRECTIONS 44-8-105 (2) Describes the extended limits …

Removal from work release status. (a) The work release administrator may terminate or suspend an inmate’s participation in the work release program if the work release cen- ter supervisor finds any of the following: (1) The participant is released on parole. (2) The participant e…

Authorized visits and use of telephone. (a) Each facility supervisor shall provide an area separated from the dormitory or living units designated for visits between partici- pants and approved visitors. The supervisor shall formulate, and upon approval by the work release admini…

Clothing. Participants shall not be required to wear issued clothing. Clothing may be issued to the inmate if needed and if available. Participants shall be permitted to dress in appro- priate street attire. (a) Participants may use clothing transferred on the inventory maintaine…

Religious services. Participants who wish to participate in religious services or activities may be permitted to attend services of recognized religious denominations available within the community in which the facility is lo- cated. The facility supervisor shall permit partici- …

Medical care and services. (a) Minorandemergencymedicalservicesshallbepro- vided to participants of the work release program. (1) Each facility shall maintain an adequate first aid kit for minor treatment. (2) Key staff members shall be trained in basic first aid and life saving …

(Authorized by K.S.A. 75-5251, 75-5254, 75-5257, K.S.A. 1980 Supp. 75-5210, 75- 5210(f), (g) and (h), 75-5256, 75-5267, 75-5268; effective May 1, 1980; amended May 1, 1981; re- voked March 22, 2002.)

(Authorized by K.S.A. 75-5251, 75-5268, K.S.A. 1979 Supp. 75-5210, 75-5210(b), (f), (g) and (h), 75-5267; effective May 1, 1980; revoked March 22, 2002.)

(Authorized by K.S.A. 75-5251, 75-5268, K.S.A. 1979 Supp. 75-5210, 75-5210(b), (f), (g) and (h), 75-5267; effective May 1, 1980; revoked March 22, 2002.)

(Authorized by K.S.A. 75-5251, 75-5268, K.S.A. 1979 Supp. 75-5210, 75-5210(b), (c), (f), (g) and (h), 75-5252, 75-5267; effective May 1, 1980; revoked March 22, 2002.)

(Authorized by and implementing K.S.A. 75-5210, 75-5251, 75-5267; effective May 1, 1980; amended May 1, 1984; amended May 1, 1987; revoked March 22, 2002.)

Private non-prison based em- ployment as work release. Private non-prison based employment programs which operate with- in a community setting utilizing inmates with not more than a minimum security classification shall be work release programs. Criteria for eligibility set forth…

Private prison based employ- ment as work release. Private enterprises which operate on the grounds of a correctional institution and employ inmates shall be work re- lease programs. Criteria for eligibility set forth in K.A.R. 44-8-114 shall be applicable except that in- 440 DEP…

Definitions. (a) “Board” means the prisoner review board established by L. 2011, ch. 130. (b) “Conditional release,” for offenders serving indeterminate sentences for offenses committed before July 1, 1993, means release subject to su- pervision under terms and conditions determi…

(Authorized by K.S.A. 75-5251, K.S.A. 1980 Supp. 21-4603, 21-4604, 75-5210, 75-5210(c); effective May 1, 1980; revoked May 1, 1981.) 441 Parole, Postrelease Supervision, and House Arrest 44-9-105

(Authorized by and implement- ing K.S.A. 75-5216, 75-5251, K.S.A. 1988 Supp. 75-5217, effective May 1, 1980; amended May 1, 1984; amended May 1, 1987; amended March 12, 1990, revoked July 11, 1994.)

(Authorized by and implement- ing K.S.A. 22-3717, 75-5216, 75-5251; and K.S.A. 1988 Supp. 75-5217; effective May 1, 1980; amended May 1, 1984; amended May 1, 1986; amended March 12, 1990; revoked July 11, 1994.)

Preliminary hearing for al- leged violators. Alleged parole violators, con- ditional release violators, postrelease supervision violators, and house arrest condition violators shall be afforded a hearing to determine if there has been any violation of any conditions of super- vis…

Expungement of record pro- cess explained to parolee. All persons who have been convicted and placed on probation or parole, and who are otherwise eligible for expungement of conviction record, shall be informed of the proper procedure to be followed in obtaining con- sideration …

House arrest program. All in- mates and offenders under postincarceration su- pervision placed in the house arrest program shall be subject to the sanctions and conditions that are prescribed by the secretary in published internal management policies and procedures for house arre…

General provisions. Each of- fenderwhoisreturnedonaviolatorwarrantissued by the secretary shall be brought before the board assoonaspracticalforafinalrevocationhearingof postincarceration supervision or house arrest sta- tus, unless the offender is eligible for and chooses to wai…

Final revocation hearings. (a) After an offender is returned to a correctional facility under K.A.R. 44-9-501, the offender may request a hearing before the final decision on re- vocation by the board. Any offender on postre- lease supervision or assigned to house arrest may waiv…

Sanctions; computation of time. (a)(1) Any offender whose parole has been revoked may be required by the board to serve all or any part of the remaining time on the sentence up to the original conditional release date, plus all good time forfeited by the board. (2) Any offender w…

Waiver of final revocation hear- ing. (a)(1) For purposes of this regulation, “mis- demeanor” shall mean a class A, B, or C misde- meanor or a criminal charge of an equivalent class under a city ordinance. (2) For purposes of this regulation, “detain- er” shall mean a warrant, el…

(Authorized by K.S.A. 1985 Supp. 22- 3717; effective, E-79-36, Jan. 1, 1979; effective, E-80-5, April 17, 1979; effective May 1, 1980; amended May 1, 1982; amended May 1, 1986; amended May 1, 1987; revoked Nov. 22, 2002.) 45-2-1 to 45-2-6. (Authorized by K.S.A. 1984 Supp. 22-3717…

(Authorized by and implementing K.S.A. 1985 Supp. 22-3717; effective, E-79-36, Jan. 1, 1979; effective, E-80-5, April 17, 1979; effective May 1, 1980; amended May 1, 1982; amended May 1, 1986; amended May 1, 1987; re- voked Nov. 22, 2002.)

(Authorized by and implement- 500 PRISONER REVIEW BOARD 45-200-1 ing K.S.A. 2001 Supp. 22-3701 and 22-3717, as amended by L. 2002, ch. 163, Sec. 5; effective Nov. 22, 2002; revoked March 23, 2012.) PROCEEDINGS

Restitution. As a condition of parole or postrelease supervision, any inmate may be ordered by the board to pay restitution in the amount and manner provided in the journal entry of the sentencing court. If at any time before issuing a certificate of dis- charge under K.S.A. 22-3…

Transportation expenses. If transportation expenses are incurred as a result of returning any parolee or offender on postre- lease supervision to this state to answer criminal charges, or a probation, parole, or condition- al release violation warrant, the agency or de- partment …

Manner of payments. If pay- ments have been ordered as a condition of parole, the parole officer may monitor the payments in the same manner as that for any other condition of parole. If a change of circumstances makes payments according to the established schedule unworkable, th…

(Authorized by and implementing K.S.A. 1984 Supp. 22-3717; effective, E-79-36, Jan. 1, 1979; effective, E-80-5, April 17, 1979; effective May 1, 1980; amended May 1, 1982; amended May 1, 1986; revoked Nov. 22, 2002.)

(Authorized by K.S.A. 22-3717; ef- fective, E-79-36, Jan. 1, 1979; effective, E-80-5, April 17, 1979; effective May 1, 1980; revoked May 1, 1982.) COMPUTATION TABLE

(Authorized by K.S.A. 22-3717; ef- fective, E-79-36, Jan. 1, 1979; effective, E-80-5, April 17, 1979; effective May 1, 1980; revoked May 1, 1982.)