362             1997 Session Laws of Kansas             Ch. 104

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 75-5211 is hereby amended to read as
follows: 75-5211. (a) The secretary of corrections shall provide programs
of employment, work, educational or vocational training for those inmates
whom the secretary determines are available, willing and able to partici-
pate and are capable of benefiting therefrom. Equipment, management
practices and general procedures shall, to the extent possible, approxi-
mate normal conditions of employment. Such work week may include
schooling, vocational training, employment at private industry, treatment
or other activities authorized by the secretary. For all purposes under
state law, no inmate shall be deemed to be an employee of the state or
any state agency. The secretary of corrections shall may credit to each
inmate as a reward for such employment, an amount which shall be set
by the governor but shall not be less than $.25 per day secretary of cor-
rections. Any inmate who is gainfully employed under the work release
provisions of K.S.A. 75-5267 and 75-5268, and amendments thereto, or
who is gainfully employed by a private business enterprise operating on
the grounds of a correctional institution under K.S.A. 75-5288, and
amendments thereto, or any other private business at which inmates are
permitted to be gainfully employed, and any inmate who is incarcerated
at the Topeka correctional facility for the purpose of receiving diagnosis
and any inmate on disciplinary segregation status shall not be eligible to
receive compensation as provided in this subsection.

(b) The secretary of corrections shall establish programs and pre-
scribe procedures for withdrawing amounts from the compensation paid
to inmates from all sources for the same purposes as are prescribed by
K.S.A. 75-5268, and amendments thereto for moneys of work release
participants, except that any inmate employed in a private industry pro-
gram, other than work release, shall, in addition to the deductions spec-
ified in K.S.A. 75-5268, and amendments thereto, have deduction of 5%
of monthly gross wages paid to the crime victims compensation fund or
a local property crime fund for the purpose of victim compensation. The
department of corrections is authorized to make this deduction and pay-

Ch. 104             1997 Session Laws of Kansas             363

ment to the crime victims compensation fund or a local property crime
fund. In the event a local fund has made a payment to a victim of a
property crime under this act and there is an order of restitution for which
moneys are being withheld from an inmate under K.S.A. 75-5268, and
amendments thereto, the secretary shall cause such moneys deducted for
use by the state crime victims compensation board to be paid quarterly
to the local fund, if any, then the balance to the state crime victims com-
pensation fund. If there is no order of restitution, then K.S.A. 75-5268,
and amendments thereto shall apply to the disposition of funds.

(c) (1) Upon the initial release of any inmate on parole, conditional
release, postrelease supervision or expiration of the inmate's maximum
sentence, the inmate shall be provided with suitable clothing and, if the
inmate has a balance of $500 or less in the inmate's trust account, a cash
payment of $100. If the inmate subsequently violates a condition of re-
lease resulting in reincarceration and is thereafter again released on pa-
role, conditional release, postrelease supervision or expiration of the in-
mate's maximum sentence, the inmate may be provided, pursuant to rules
and regulations of the secretary of corrections, with a cash payment of
not more than $100. Any inmate who is gainfully employed under the
work release provisions of K.S.A. 75-5267 and 75-5268, and amendments
thereto, or who is gainfully employed by a private business enterprise
operating on the grounds of a correctional institution under K.S.A. 75-
5288, and amendments thereto, or any other private business at which
inmates are permitted to be gainfully employed, or any inmate paroled
or released to a detainer shall not be eligible to receive this cash payment.

(2) An inmate released on expiration of the inmate's maximum sen-
tence shall be provided public transportation, if required, to the inmate's
home, if within the state, or, if not, to the place of conviction or to some
other place not more distant, as selected by the inmate. An inmate re-
leased on parole or conditional release shall be provided public transpor-
tation, if required, to the place to which the inmate was paroled or con-
ditionally released.

Sec. 2. K.S.A. 1996 Supp. 75-5211 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 10, 1997.