Session of 1998
HOUSE BILL No. 2863
By Representative Swenson
2-10
9
AN ACT concerning corrections; relating to a
voluntary hormonal chem-
10 ical treatment program
for inmates; amending K.S.A. 75-5210 and re-
11 pealing the existing
section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
75-5210 is hereby amended to read as follows:
15 75-5210. (a) Persons committed to the
institutional care of the secretary
16 of corrections shall be dealt with
humanely, with efforts directed to their
17 rehabilitation and return to the community
as safely and promptly as
18 practicable. For these purposes, the
secretary shall establish programs of
19 classification and diagnosis, education,
casework, mental health, counsel-
20 ing and psychotherapy, chemical dependency
counseling and treatment,
21 sexual offender counseling, prerelease
programs which emphasize re-en-
22 try skills, adjustment counseling and job
placement, vocational training
23 and guidance, work, library, physical
education, voluntary hormonal
24 chemical treatment and other
rehabilitation and recreation services; the
25 secretary may establish facilities for
religious worship; and the secretary
26 shall institute procedures for the study
and classification of inmates. The
27 secretary shall maintain a comprehensive
record of the behavior of each
28 inmate reflecting accomplishments and
progress toward rehabilitation as
29 well as charges of infractions of rules and
regulations, punishments im-
30 posed and medical inspections made.
31 (b) Programs of work,
education or training shall include a system of
32 promotional rewards entitling inmates to
progressive transfer from high
33 security status to a lesser security
status. The secretary shall have authority
34 at any time to transfer an inmate from one
level of status to another level
35 of status. Inmates may apply to the
secretary for such status privileges.
36 The secretary shall adopt rules and
regulations establishing standards re-
37 lating to the transfer of an inmate from
one status to another, and in
38 developing such standards the secretary
shall take into consideration pro-
39 gress made by the inmate toward attaining
the educational, vocational
40 and behavioral goals set by the secretary
for the individual inmate.
41 (c) The secretary, with
the cooperation of the department of health
42 and environment, shall adopt rules and
regulations establishing and pre-
43 scribing standards for health, medical and
dental services for each insti-
HB 2863
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1 tution, including preventive,
diagnostic and therapeutic measures on both
2 an outpatient and a hospital basis,
for all types of patients. An inmate may
3 be taken, when necessary, to a
medical facility outside the institution.
4 (d) Under rules
and regulations adopted by the secretary, directors
5 of institutions may authorize visits,
correspondence and communication,
6 under reasonable conditions, between
inmates and appropriate friends,
7 relatives and others.
8 (e) The secretary
shall adopt rules and regulations under which in-
9 mates, as part of a program
anticipating their release from minimum
10 security status, may be granted temporary
furloughs from a correctional
11 institution or contract facility to visit
their families or to be interviewed
12 by prospective employers.
13 (f) The secretary shall
adopt rules and regulations for the mainte-
14 nance of good order and discipline in the
correctional institutions, in-
15 cluding procedures for dealing with
violations. Disciplinary rules and reg-
16 ulations may provide a system of punishment
including segregation,
17 forfeitures of good time earned, fines,
extra work, loss of privileges, re-
18 strictions and payment of restitution.
19 The secretary and any persons
designated by rules and regulations of
20 the secretary may administer oaths for the
purpose of conducting inves-
21 tigations and disciplinary proceedings
pursuant to rules and regulations
22 adopted by the secretary under this
subsection and under K.S.A. 75-5251
23 and amendments thereto. For this purpose,
the secretary shall adopt rules
24 and regulations designating those persons
who may administer oaths in
25 such investigations and proceedings and the
form and manner of admin-
26 istration of the oaths.
27 (g) A copy of the rules
and regulations adopted pursuant to subsec-
28 tion (f) shall be provided to each inmate.
Other rules and regulations of
29 the secretary which are required to be
published pursuant to K.S.A. 77-
30 415 through 77-437, and amendments thereto,
shall be made available to
31 inmates by placing a copy in the inmate
library at the institution or by
32 some other means providing reasonable
accessibility to inmates.
33 (h) Any inmate
participating in work and educational release pro-
34 grams under the provisions of K.S.A.
75-5267 and amendments thereto
35 shall continue to be in the legal custody
of the secretary of corrections,
36 notwithstanding the inmate's absence from a
correctional institution by
37 reason of employment, education or for any
other purpose related to such
38 work and educational release programs, and
any employer or educator of
39 that person shall be considered the
representative or agent for the sec-
40 retary.
41 (i) The secretary shall
establish administrative and fiscal procedures
42 to permit the use of regional or community
institutions, local govern-
43 mental or private facilities or halfway
houses for the placement of inmates
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3
1 released for the purposes of this act
and for the work and educational
2 release programs under K.S.A. 75-5267
and amendments thereto.
3 (j) The secretary
may establish correctional work facilities and select
4 inmates to be assigned to such
facilities.
5 (k) The secretary
may acquire, in the name of the state, by lease,
6 purchase or contract additional
facilities as may be needed for the housing
7 of persons in the secretary's
custody.
8 (l) The secretary
is hereby authorized to use any of the inmates as-
9 signed to the secretary's custody in
the construction and repair of build-
10 ings or property on state owned or leased
grounds.
11 (m) For the purposes of
establishing and carrying out the programs
12 provided for by subsection (a) and by
K.S.A. 75-5267 and amendments
13 thereto, the secretary may contract with
qualified individuals, partner-
14 ships, corporations or organizations; with
agencies of the state; or with
15 the United States or any political
subdivision of the state, or any agency
16 thereof.
17 (n) The secretary
shall establish a program, and adopt rules and reg-
18 ulations to implement such program,
whereby inmates may undergo med-
19 roxyprogesterone acetate treatment or
its chemical equivalent. Such pro-
20 gram shall be completely voluntary and
any inmate who chooses to enroll
21 in such program shall sign a release of
liability releasing the state of Kan-
22 sas, the department of corrections and
any employees of the department
23 of corrections from any liability
derived from implementing such pro-
24 gram. Nothing in the rules and
regulations shall require an employee of
25 the department of corrections who is a
physician licensed to practice med-
26 icine and surgery to participate against
such physician's will in the ad-
27 ministration of the provisions of this
section. These rules and regulations
28 shall include, but not be limited to, a
requirement to inform the person
29 about the effect of hormonal chemical
treatment and any side effects that
30 may result from it. A person subject to
this section shall acknowledge the
31 receipt of this information.
32 Sec. 2. K.S.A.
75-5210 is hereby repealed.
33 Sec. 3. This act
shall take effect and be in force from and after its
34 publication in the statute book.
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