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Session of 2000
          SENATE BILL No. 546           By Committee on Judiciary           2-1          

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  9             AN  ACT concerning corrections; relating to placement and conveyance
10             of certain offenders; concerning the reception and diagnostic center;
11             amending K.S.A. 75-5220 and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 75-5220 is hereby amended to read as follows: 75-
15       5220. (a) Except as provided in subsection (d), within three days of receipt
16       of the notice provided for in K.S.A. 75-5218 and amendments thereto,
17       the secretary of corrections shall notify the sheriff having such offender
18       in custody to convey such offender immediately to the Topeka correc-
19       tional facility department of corrections reception and diagnostic unit or
20       if space is not available at such facility, then to some other state correc-
21       tional institution until space at the facility is available, except that, in the
22       case of first offenders who are conveyed to a state correctional institution
23       other than the Topeka correctional facility reception and diagnostic unit,
24       such offenders shall be segregated from the inmates of such correctional
25       institution who are not being held in custody at such institution pending
26       transfer to the Topeka correctional facility reception and diagnostic unit
27       when space is available therein. The expenses of any such conveyance
28       shall be charged against and paid out of the general fund of the county
29       whose sheriff conveys the offender to the institution as provided in this
30       subsection.
31             (b) Any female offender sentenced according to the provisions of
32       K.S.A. 75-5229 and amendments thereto shall be conveyed by the sheriff
33       having such offender in custody directly to a correctional institution des-
34       ignated by the secretary of corrections, subject to the provisions of K.S.A.
35       75-52,134 and amendments thereto. The expenses of such conveyance to
36       the designated institution shall be charged against and paid out of the
37       general fund of the county whose sheriff conveys such female offender
38       to such institution.
39             (c) Each offender conveyed to a state correctional institution pursu-
40       ant to this section shall be accompanied by the record of the offender's
41       trial and conviction as prepared by the clerk of the district court in ac-
42       cordance with K.S.A. 75-5218 and amendments thereto.
43             (d) If the offender in the custody of the secretary is a juvenile, as

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  1       described in K.S.A. 38-16,111, and amendments thereto, such juvenile
  2       shall not be transferred to the state reception and diagnostic center until
  3       such time as such juvenile is to be transferred from a juvenile correctional
  4       facility to a department of corrections institution or facility.
  5             (e) All offenders sentenced to the custody of the secretary of correc-
  6       tions, except as provided by subsection (f), shall be transported by the
  7       sheriff to the reception and diagnostic unit, other facility designated by
  8       the secretary or juvenile correctional facility, as provided by subsections
  9       (a), (b) and (d), regardless of whether the prison portion of the offender's
10       sentence has been served.
11             (f) Whenever the sheriff is required to convey physical custody of an
12       offender to a jurisdiction, agency or facility other than the secretary of
13       corrections, the sheriff shall provide to the jurisdiction, agency or facility
14       to which the offender is delivered a copy of the records prescribed in
15       subsection (c) along with a notice that prior to the release of the offender
16       by that jurisdiction, agency or facility, the department of corrections shall
17       be notified. Furthermore, the sheriff conveying physical custody of an
18       offender to a jurisdiction, agency or facility other than the secretary of
19       corrections shall send to the secretary of corrections a copy of the records
20       prescribed in subsection (c) along with the name and address of the ju-
21       risdiction, agency or facility to which the offender was delivered. 
22       Sec.  2. K.S.A. 75-5220 is hereby repealed.
23        Sec.  3. This act shall take effect and be in force from and after its
24       publication in the statute book.