SB 335--
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Session of 1997
SENATE BILL No. 335
By Senator Gooch
2-14
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AN ACT concerning crimes, punishment and criminal procedure; relating
to education of inmates; prescribing certain duties of secretary of cor-
rections; amending K.S.A. 1996 Supp. 21-4722, 22-3725, 75-5210 and
75-5210a and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1996 Supp. 21-4722 is hereby amended to read as
follows: 21-4722. (a) For purposes of determining release of an inmate
for a crime committed on or after July 1, 1993, the following shall apply
with regard to good time calculations:
(1) A system shall be developed whereby good behavior by inmates
is the expected norm and negative behavior will be punished; and
(2) the amount of time which can be earned by an inmate and sub-
tracted from any sentence is limited to an amount equal to 15% of the
prison part of the sentence.
(b) Any time which is earned and subtracted from any presumptive
sentence of any inmate pursuant to good time calculation shall be added
to such inmate's time of postrelease supervision.
(c) The secretary of corrections is hereby authorized to adopt rules
and regulations to carry out the provisions of this act regarding good time
calculations. Such rules and regulations shall provide circumstances upon
which an inmate may earn good time credits and for the forfeiture of
earned credits and such circumstances may include factors substantially
related to program and work participation and conduct and the inmate's
willingness to examine and confront the past behavior patterns that re-
sulted in the commission of the inmate's crimes.
(d) An inmate shall not be awarded good time credits pursuant to
this section for any review period established by the secretary of correc-
tions in which a court finds that the inmate has done any of the following
while in the custody of the secretary of corrections:
(1) Filed a false or malicious action or claim with the court;
(2) brought an action or claim with the court solely or primarily for
delay or harassment;
(3) testified falsely or otherwise submitted false evidence or infor-
mation to the court;
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1 (4) attempted to create or obtain a false affidavit, testimony or evi-
2 dence; or
3 (5) abused the discovery process in any judicial action or proceeding.
4 (e) An inmate shall not be awarded good time credits pursuant to this
5 section for any review period established by the secretary of corrections
6 if the inmate has not made satisfactory progress toward or successfully
7 completed the equivalent of a secondary education or any other educa-
8 tional requirements such as special education, vocational education and
9 academic college level subjects for those inmates with or beyond a high
10 school diploma contained in the inmate's written agreement as provided
11 in K.S.A. 75-5210a and amendments thereto.
12 Sec. 2. K.S.A. 1996 Supp. 22-3725 is hereby amended to read as
13 follows: 22-3725. (a) Except as otherwise provided for crimes committed
14 by inmates on or after July 1, 1993, for the purpose of determining an
15 inmate's eligibility for parole or conditional release, regardless of when
16 the inmate was sentenced or committed the crime for which sentenced,
17 good time credits shall be allocated as follows:
18 GOOD TIME TABLE
19 (Assumed 360-Day Years, 30-Day Months)
20 SENTENCE GOOD TIME EARNED MUST SERVE
21 Minimum (or) Maximum Years Months Years Months
22 1 0 4 0 8
23 2 1 0 1 0
24 3 1 6 1 6
25 4 2 0 2 0
26 5 2 6 2 6
27 6 3 0 3 0
28 7 3 6 3 6
29 8 4 0 4 0
30 9 4 6 4 6
31 10 5 0 5 0
32 11 5 6 5 6
33 12 6 0 6 0
34 13 6 6 6 6
35 14 7 0 7 0
36 15 7 6 7 6
37 16 8 0 8 0
38 17 8 6 8 6
39 18 9 0 9 0
40 19 9 6 9 6
41 20 10 0 10 0
42 21 10 6 10 6
43 22 11 0 11 0
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1 23 11 6 11 6
2 24 12 0 12 0
3 25 12 6 12 6
4 26 13 0 13 0
5 27 13 6 13 6
6 28 14 0 14 0
7 29 14 6 14 6
8 30 15 0 15 0
9 31 15 6 15 6
10 32 16 0 16 0
11 33 16 6 16 6
12 34 17 0 17 0
13 35 17 6 17 6
14 36 18 0 18 0
15 37 18 6 18 6
16 38 19 0 19 0
17 39 19 6 19 6
18 40 20 0 20 0
19 41 20 6 20 6
20 42 21 0 21 0
21 43 21 6 21 6
22 44 22 0 22 0
23 45 22 6 22 6
24 46 23 0 23 0
25 47 23 6 23 6
26 48 24 0 24 0
27 49 24 6 24 6
28 50 25 0 25 0
29 51 25 6 25 6
30 52 26 0 26 0
31 53 26 6 26 6
32 54 27 0 27 0
33 55 27 6 27 6
34 56 28 0 28 0
35 57 28 6 28 6
36 58 29 0 29 0
37 59 29 6 29 6
38 60 30 0 30 0
39 61 30 6 30 6
40 62 31 0 31 0
41 63 31 6 31 6
42 64 32 0 32 0
43 65 32 6 32 6
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1 66 33 0 33 0
2 67 33 6 33 6
3 68 34 0 34 0
4 69 34 6 34 6
5 70 35 0 35 0
6 71 35 6 35 6
7 72 36 0 36 0
8 73 36 6 36 6
9 74 37 0 37 0
10 75 37 6 37 6
11 76 38 0 38 0
12 77 38 6 38 6
13 78 39 0 39 0
14 79 39 6 39 6
15 80 40 0 40 0
16 81 40 6 40 6
17 82 41 0 41 0
18 83 41 6 41 6
19 84 42 0 42 0
20 85 42 6 42 6
21 86 43 0 43 0
22 87 43 6 43 6
23 88 44 0 44 0
24 89 44 6 44 6
25 90 45 0 45 0
26 91 45 6 45 6
27 92 46 0 46 0
28 93 46 6 46 6
29 94 47 0 47 0
30 95 47 6 47 6
31 96 48 0 48 0
32 97 48 6 48 6
33 98 49 0 49 0
34 99 49 6 49 6
35 100 50 0 50 0
36 (b) Maximum good time credits for sentences of less than two years
37 shall be computed as follows: One day for every two days served and one
38 month for every year served.
39 (c) Maximum good time credits for sentences two years or greater
40 shall be computed as follows: One-half of the sentence.
41 (d) Good time credits shall be awarded on an earned basis pursuant
42 to rules and regulations adopted by the secretary of corrections.
43 (e) The provisions of this section shall not apply to crimes committed
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1 by inmates on or after July 1, 1993. Good time calculations for such crimes
2 shall be as provided in K.S.A. 21-4722 and amendments thereto.
3 (f) An inmate shall not be awarded good time credits pursuant to this
4 section for any review period established by the secretary of corrections
5 in which a court finds that the inmate has done any of the following while
6 in the custody of the secretary of corrections:
7 (1) Filed a false or malicious action or claim with the court;
8 (2) brought an action or claim with the court solely or primarily for
9 delay or harassment;
10 (3) testified falsely or otherwise submitted false evidence or infor-
11 mation to the court;
12 (4) attempted to create or obtain a false affidavit, testimony or evi-
13 dence; or
14 (5) abused the discovery process in any judicial action or proceeding.
15 (g) An inmate shall not be awarded good time credits pursuant to this
16 section for any review period established by the secretary of corrections
17 if the inmate has not made satisfactory progress toward or successfully
18 completed the equivalent of a secondary education or any other educa-
19 tional requirements such as special education, vocational education and
20 academic college level subjects for those inmates with or beyond a high
21 school diploma contained in the inmate's written agreement as provided
22 in K.S.A. 75-5210a and amendments thereto.
23 Sec. 3. K.S.A. 1996 Supp. 75-5210 is hereby amended to read as
24 follows: 75-5210. (a) Persons committed to the institutional care of the
25 secretary of corrections shall be dealt with humanely, with efforts directed
26 to their rehabilitation and return to the community as safely and promptly
27 as practicable. For these purposes, the secretary shall establish programs
28 of classification and diagnosis, education, casework, mental health, coun-
29 seling and psychotherapy, chemical dependency counseling and treat-
30 ment, sexual offender counseling, prerelease programs which emphasize
31 re-entry skills, adjustment counseling and job placement, vocational train-
32 ing and guidance, work, library, physical education and other rehabilita-
33 tion and recreation services; the secretary may establish facilities for re-
34 ligious worship; and the secretary shall institute procedures for the study
35 and classification of inmates. The secretary shall maintain a comprehen-
36 sive record of the behavior of each inmate reflecting accomplishments
37 and progress toward rehabilitation as well as charges of infractions of rules
38 and regulations, punishments imposed and medical inspections made.
39 (b) Programs of work, education or training shall include a system of
40 promotional rewards entitling inmates to progressive transfer from high
41 security status to a lesser security status. The secretary shall have authority
42 at any time to transfer an inmate from one level of status to another level
43 of status. Inmates may apply to the secretary for such status privileges.
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1 The secretary shall adopt rules and regulations establishing standards re-
2 lating to the transfer of an inmate from one status to another, and in
3 developing such standards the secretary shall take into consideration pro-
4 gress made by the inmate toward attaining the educational, vocational
5 and behavioral goals set by the secretary for the individual inmate.
6 (c) The secretary, with the cooperation of the department of health
7 and environment, shall adopt rules and regulations establishing and pre-
8 scribing standards for health, medical and dental services for each insti-
9 tution, including preventive, diagnostic and therapeutic measures on both
10 an outpatient and a hospital basis, for all types of patients. An inmate may
11 be taken, when necessary, to a medical facility outside the institution.
12 (d) Under rules and regulations adopted by the secretary, directors
13 of institutions may authorize visits, correspondence and communication,
14 under reasonable conditions, between inmates and appropriate friends,
15 relatives and others.
16 (e) The secretary shall adopt rules and regulations under which in-
17 mates, as part of a program anticipating their release from minimum
18 security status, may be granted temporary furloughs from a correctional
19 institution or contract facility to visit their families or to be interviewed
20 by prospective employers.
21 (f) The secretary shall adopt rules and regulations for the mainte-
22 nance of good order and discipline in the correctional institutions, in-
23 cluding procedures for dealing with violations. Disciplinary rules and reg-
24 ulations may provide a system of punishment including segregation,
25 forfeitures of good time earned, fines, extra work, loss of privileges, re-
26 strictions and payment of restitution.
27 The secretary and any persons designated by rules and regulations of
28 the secretary may administer oaths for the purpose of conducting inves-
29 tigations and disciplinary proceedings pursuant to rules and regulations
30 adopted by the secretary under this subsection and under K.S.A. 75-5251
31 and amendments thereto. For this purpose, the secretary shall adopt rules
32 and regulations designating those persons who may administer oaths in
33 such investigations and proceedings and the form and manner of admin-
34 istration of the oaths.
35 (g) A copy of the rules and regulations adopted pursuant to subsec-
36 tion (f) shall be provided to each inmate. Other rules and regulations of
37 the secretary which are required to be published pursuant to K.S.A. 77-
38 415 through 77-437, and amendments thereto, shall be made available to
39 inmates by placing a copy in the inmate library at the institution or by
40 some other means providing reasonable accessibility to inmates.
41 (h) Any inmate participating in work and educational release pro-
42 grams under the provisions of K.S.A. 75-5267 and amendments thereto
43 shall continue to be in the legal custody of the secretary of corrections,
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1 notwithstanding the inmate's absence from a correctional institution by
2 reason of employment, education or for any other purpose related to such
3 work and educational release programs, and any employer or educator of
4 that person shall be considered the representative or agent for the sec-
5 retary.
6 (i) The secretary shall establish administrative and fiscal procedures
7 to permit the use of regional or community institutions, local govern-
8 mental or private facilities or halfway houses for the placement of inmates
9 released for the purposes of this act and for the work and educational
10 release programs under K.S.A. 75-5267 and amendments thereto.
11 (j) The secretary may establish correctional work facilities and select
12 inmates to be assigned to such facilities.
13 (k) The secretary may acquire, in the name of the state, by lease,
14 purchase or contract additional facilities as may be needed for the housing
15 of persons in the secretary's custody.
16 (l) The secretary is hereby authorized to use any of the inmates as-
17 signed to the secretary's custody in the construction and repair of build-
18 ings or property on state owned or leased grounds.
19 (m) For the purposes of establishing and carrying out the programs
20 provided for by subsection (a) and by K.S.A. 75-5267 and amendments
21 thereto, the secretary may contract with qualified individuals, partner-
22 ships, corporations or organizations; with agencies of the state; or with
23 the United States or any political subdivision of the state, or any agency
24 thereof.
25 (n) The secretary, with the cooperation of the state board of education
26 and the Kansas board of regents, shall adopt rules and regulations estab-
27 lishing and prescribing a comprehensive educational services program for
28 all inmates including the requirement that every inmate shall make sat-
29 isfactory progress toward or successfully completed the equivalent of a
30 secondary education or any other educational requirements such as spe-
31 cial education, vocational education and academic college level subjects
32 for those inmates with or beyond a high school diploma. The secretary,
33 with the cooperation of the state board of education and the Kansas board
34 of regents, shall provide that the educational programs offered to the
35 inmates are fully accredited by the appropriate educational entities and
36 prescribe that satisfactory progress shall be based on completion and
37 earning of prescribed number of credits or units per review period.
38 Sec. 4. K.S.A. 1996 Supp. 75-5210a is hereby amended to read as
39 follows: 75-5210a. (a) Within a reasonable time after a defendant is com-
40 mitted to the custody of the secretary of corrections, the secretary shall
41 enter into a written agreement with the inmate specifying those educa-
42 tional, vocational, mental health or other programs which the secretary
43 determines the inmate must satisfactorily complete in order to be pre-
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1 pared for release on parole or postrelease supervision. To the extent prac-
2 ticable, The agreement shall require the inmate to have made satisfactory
3 progress towards toward or to have successfully completed the equivalent
4 of a secondary education or any other educational requirements such as
5 special education, vocational education and academic college level subjects
6 for those inmates with or beyond a high school diploma before release on
7 parole if the inmate has not previously completed such educational equiv-
8 alent and is capable of doing so. The agreement shall be conditioned on
9 the inmate's satisfactory conduct, employment and attitude while incar-
10 cerated. If the secretary determines that the inmate's conduct, employ-
11 ment, attitude or needs require modifications or additions to those pro-
12 grams which are set forth in the agreement, the secretary shall revise the
13 requirements. The secretary shall agree that, when the inmate satisfac-
14 torily completes the programs required by the agreement, or any revision
15 thereof, the secretary shall report that fact in writing to the Kansas parole
16 board. If the inmate becomes eligible for parole or entitled to postrelease
17 supervision before satisfactorily completing such programs, the secretary
18 shall report in writing to the Kansas parole board the programs which are
19 not completed. Failure to complete the required programs shall not im-
20 pact the postrelease supervision date of the inmate. However, the parole
21 board may impose conditions relating to completion of these program
22 elements or other conditions that must be followed during the specified
23 period of postrelease supervision.
24 (b) A copy of any agreement and any revisions thereof shall be en-
25 tered into the inmate's record.
26 Sec. 5. K.S.A. 1996 Supp. 21-4722, 22-3725, 75-5210 and 75-5210a
27 are hereby repealed.
28 Sec. 6. This act shall take effect and be in force from and after its
29 publication in the statute book.