75-5206.
Placement and transfer of inmates; interagency agreements to temporarily house local offenders.
(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 institutions for the incarceration of felons sentenced to the custody of the secretary of corrections. The secretary may enter into interagency agreements 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 housing 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 Lansing correctional facility or the Hutchinson correctional facility.
(d) The secretary shall have the authority to order the placement of a juvenile, as described in K.S.A. 38-2366, 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.
History:
L. 1973, ch. 339, § 6; L. 1977, ch. 118, § 3; L. 1978, ch. 367, § 1; L. 1989, ch. 92, § 4; L. 1990, ch. 149, § 6; L. 1996, ch. 229, § 129; L. 1998, ch. 54, § 1; L. 2006, ch. 169, § 125; January 1, 2007.
Notes of Decisions
Cited in
7
cases, 1983–2019 · leading case:
Lynn v. Simmons, 95 P.3d 99 (Kan. Ct. App. 2003).
Lynn v. Simmons, 95 P.3d 99 (Kan. Ct. App. 2003).
· cites it 2× “75-5205(a); K.S.A. 2002 Supp. 75-5206; K.S.A. 2002 Supp.”
Smith v. Halford, 570 F. Supp. 1187 (D. Kan. 1983).
· cites it 2× “See K.S.A. §§ 75-5206, 5210(b). Inevitably, when a prisoner is transferred to another institution he is terminated from the programs at the transferee institution.”
State v. Perez-Moran, 80 P.3d 361 (Kan. 2003).
· cites it 2× “The defendant’s initial contention that the only way a person can be in the custody of the Secretary of Corrections is by committing a felony is contradicted by K.S.A. 2002 Supp. 75-5206(b), which provides in relevant part: “All institutions of the department of corrections…”
State v. Fowler, 710 P.2d 1268 (Kan. 1985).
“K.S.A. 75-5206 provides that the secretary shall have authority to order the housing and confinement of any person sentenced to his or her custody to any institution or facility *335 placed under the secretary’s supervision and management or to any contract facility.”
State ex rel. Stephan v. Clark, 759 P.2d 119 (Kan. 1988).
“” The plaintiffs initially contend that a judge of the district court, in sentencing a felon to the custody of the Secretary of Corrections, may not determine the place of confinement.”
Grammer v. Kansas Dept. of Corr. (Kan. Ct. App. 2019).
“The KDOC moved to dismiss the petition, arguing prison officials have the authority to transfer an inmate to any institution or facility at any time and for any reason under K.S.A. 2016 Supp. 75-5206. The district court directed both parties to brief the issues and held an…”
Grammer v. Kansas Dept. of Corr. (Kan. Ct. App. 2019).
“The KDOC moved to dismiss the petition, arguing prison officials have the authority to transfer an inmate to any institution or facility at any time and for any reason under K.S.A. 2016 Supp. 75-5206. The district court directed both parties to brief the issues and held an…”
— K.S.A. § 75-5206(a) — 1 case
Lynn v. Simmons, 95 P.3d 99 (Kan. Ct. App. 2003).
“75-5205(a); K.S.A. 2002 Supp. 75-5206; K.S.A. 2002 Supp.”
— K.S.A. § 75-5206(b) — 1 case
State v. Perez-Moran, 80 P.3d 361 (Kan. 2003).
“The defendant’s initial contention that the only way a person can be in the custody of the Secretary of Corrections is by committing a felony is contradicted by K.S.A. 2002 Supp. 75-5206(b), which provides in relevant part: “All institutions of the department of corrections…”
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