CHAPTER 54
HOUSE BILL No. 2090
An Act concerning the department of corrections; relating to inmate
work crews; agency
relationship; amending K.S.A. 75-52,116 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 75-52,116 is
hereby amended to read as follows:
75-52,116. (a) The warden of any correctional institution, with the
ap-
proval of the secretary of corrections, may extend the limits of
confine-
ment of inmates who are classified minimum security or less to work
for
any state agency, federal agency, city, county, school district or
nonprofit
organization organized for charitable purposes if such work is in
further-
ance of public service and public welfare or charitable objectives
within
the community. Such inmates shall remain under the legal custody of
the
secretary of corrections with the actual limits of confinement
extended
and without actual supervision of correctional officials. Those
persons
observing, supervising, managing, controlling and reporting back to
cor-
rections officials regarding such inmates in their work shall be
agents of
the state and of the secretary of corrections for
that only the purpose
only
of maintaining the confinement of the inmates but shall not,
solely by
reason of the agency, have law enforcement powers. An agency
relation-
ship shall not be established between the state or the secretary
of correc-
tions and the other state agency, federal agency, city, county,
school dis-
trict or nonprofit organization in regard to the manner in which
the work
is assigned, performed, or supervised.
(b) No work assignment pursuant to this
section other than assign-
ments to work for state agencies shall result in the displacement
of any
currently employed worker or position, including partial
displacement
such as a reduction in the hours of nonovertime work, wages or
employ-
ment benefits, or result in the impairment of existing contracts
for serv-
ices or collective bargaining agreements. Inmates shall not be
utilized to
fill a job opening when any individual is on layoff from the same
or any
substantially equivalent job, or the employer has terminated the
employ-
ment of any regular employee at the same or substantially
equivalent job
and the position remains unfilled. Inmates may not be utilized on a
pro-
ject except to the extent that the cost of the project exceeds the
funds
available and budgeted for that project.
(c) Compensation of inmates working
pursuant to this section shall
be normal inmate incentive pay rendered to other inmates working
within
correctional institutions pursuant to K.S.A. 75-5211 and
amendments
thereto.
Sec. 2. K.S.A. 75-52,116 is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 14, 2003.
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