HB 2127--
=================================================================================
HOUSE BILL No. 2127
By Committee on Appropriations
1-29
----------------------------------------------------------------------------

AN ACT concerning corrections; relating to disposition of certain moneys paid to inmates; amending K.S.A. 1996 Supp. 75-5268 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 1996 Supp. 75-5268 is hereby amended to read as follows: 75-5268. (1) Any inmate who is allowed to participate in such paid employment or in such job training or paid employment for which a subsistence allowance is paid in connection with such job training shall pay over to the secretary or the designated representative of the secretary all moneys received from such paid employment or job training except that, pursuant to rules and regulations adopted by the secretary of cor- rections, the inmate shall retain a stipulated reasonable amount of the money as the secretary or the designated representative of the secretary deems necessary for expenses connected with the employment or job training. The balance of the moneys paid to the secretary or the desig- nated representative of the secretary shall be disbursed for the following purposes: (a) A designated minimum amount of that money paid to the secre- tary shall be returned to the state general fund or to the political subdi- vision, federal government or community-based center for such inmate's food and lodging or, if the inmate is participating in a private industry program other than work release, the minimum amount collected shall be deposited to the correctional industries fund; (b) transportation to and from the place of employment at the rate allowed in K.S.A. 75-3203 and amendments thereto; (c) if any of the dependents of the inmate are receiving public assis- tance, a reasonable percentage of the inmate's net pay after deduction of the above expenses shall be forwarded to the court which ordered support for the dependent or, if there is no order, to the secretary of social and rehabilitation services; (d) if subsection (c) is not applicable, then a reasonable percentage of the inmate's net pay after deduction of the above expenses shall be disbursed for the payment, either in full or ratable, of the inmate's obli- gations if such obligations relate to the care and support of the defendant's immediate family acknowledged by the inmate in writing, or which and have been reduced to judgment; (e) payment of a reasonable amount to the clerk of the district court in which the crime occurred pursuant to an order of restitution and pay- ment to the state crime victims compensation fund pursuant to the pro- gram established in subsection (2); (f) if subsection (c) or (d) is not applicable, then a reasonable per- centage of the inmate's net pay after deduction of the above expenses shall be disbursed for the payment, either in full or ratable, of the inmate's other obligations acknowledged by the inmate in writing, or which have been reduced to judgment after deduction of the above amounts, payment of a reasonable amount for costs assessed to the inmate pursuant to the code of civil procedure; (f) to the clerk of the district court in which the crime occurred, pay- ment of a reasonable amount pursuant to an order of restitution; (g) payment of a reasonable amount into a savings account for dis- bursement to the inmate upon release from custody; (g) payment of costs assessed to the inmate pursuant to the code of civil procedure (h) after deduction of the above amounts, a reasonable percentage of the inmate's net pay shall be disbursed for the payment, either in full or ratable, of the inmate's other obligations acknowledged by the inmate in writing, as authorized by the secretary; and (h) (i) the balance, if any, shall be credited to the inmate's account and shall be made available to the inmate in such manner and for such purposes as are authorized by the secretary. Sec. 2. K.S.A. 1996 Supp. 75-5268 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.