CHAPTER 54 SENATE BILL No. 460 An Act concerning corrections; relating to the placement of offenders; amending K.S.A. 75-5206 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 75-5206 is hereby amended to read as follows:
75-5206. (a) Except as provided in subsection (c) or (d), to carry out the
purposes of this act, the secretary shall have authority to order the housing
and confinement of any person sentenced to the secretary's custody to
any institution or facility herein placed under the secretary's supervision
and management or to any contract facility, including a conservation
camp.

(b) All institutions of the department of corrections shall be institu-
tions for the incarceration of felons sentenced to the custody of the sec-
retary of corrections. The secretary may enter into interagency agree-
ments authorizing the use of department of corrections' institutions for
the temporary housing of pretrial detainees, misdemeanor offenders and
other persons confined in local detention facilities or jails when the local
facility cannot be used to house those persons due to a natural disaster or
other emergency. Authorization shall not be given for the temporary hous-
ing of juveniles under 16 years of age.

(c) No person under 16 years of age sentenced to the secretary's
custody shall be placed in the Kansas state penitentiary Lansing correc-
tional facility or the Kansas state industrial reformatory Hutchinson cor-
rectional facility.

(d) The secretary shall have the authority to order the placement of
a juvenile, as described in K.S.A. 38-16,111, and amendments thereto, in
a juvenile correctional facility. Such juvenile shall be allowed to be in a
juvenile correctional facility only until such juvenile reaches the age of 23
years.

Sec. 2. K.S.A. 75-5206 is hereby repealed.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 2, 1998

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