75-5256.
Orders of warden; publication and availability to inmates of orders and rules and regulations.
(a) The warden of each correctional institution may issue orders subject to the provisions of law and the rules and regulations adopted by the secretary of corrections, as the warden may deem necessary for the government of the correctional institution and the enforcement of discipline therein.
(b) All rules and regulations or orders for the government of a correctional institution and the enforcement of discipline therein adopted or issued by the secretary of corrections and all orders issued by the warden of the correctional institution shall be published and made available to all inmates, other than rules and regulations and orders relating to emergency or security procedures. Every order issued by the warden of a correctional institution shall be effective until rescinded or amended by the warden or until disapproved by the secretary.
History:
L. 1973, ch. 339, § 46; L. 1978, ch. 120, § 21; L. 1990, ch. 309, § 65; May 24.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1978–2026 · leading case:
State v. Ponce, 907 P.2d 876 (Kan. 1995).
State v. Ponce, 907 P.2d 876 (Kan. 1995).
· cites it 3× “75-5210; K.S.A. 1994 Supp. 75-5251. These orders, rules, and regulations are made available to inmates and published pursuant to statutory procedures.”
Vinson v. McKune, 960 P.2d 222 (Kan. 1998).
· cites it 3× “77-421a provides for the following exception: “This section shall not apply to orders issued by directors of correctional institutions under K.S.A. 75-5256.” The full import of this exception must be read in pari materia with the provisions of K.”
Gilmore v. McKune, 940 P.2d 78 (Kan. Ct. App. 1997).
· cites it 2× “LCF argues the district court erred in finding that the policy memorandum was a rule or regulation as defined by K.”
Alcala v. Zmuda (Kan. Ct. App. 2024).
· cites it 8× “44-8-116 and IMPP 15-102A when it created criteria based on parole eligibility dates, and second, that ECF failed to comply with K.S.A. 75-5256, resulting in a violation of inmates' Fourteenth Amendment rights to fair notice and due process under the United States Constitution.”
Easley (D. Kan. 2026).
· cites it 3× “Plaintiff claims that this constituted a violation of K.S.A. 75-5256(b) because all rules and regulations are supposed to be published and made available to all inmates.”
Griffin v. Raines, 585 P.2d 620 (Kan. Ct. App. 1978).
“The parallel Kansas statute is K.S.A. 75-5256 (since amended): “[A]ll rules or orders for the government of the correctional institution and the enforcement of discipline therein made by the secretary or director shall be published and made available to all inmates.”
Xuan Hiep Le v. Simmons, 948 P.2d 1142 (Kan. Ct. App. 1997).
“The appellees state that Le was given verbal notification that such objects would not be allowed.”
— K.S.A. § 75-5256(a) — 2 cases
State v. Ponce, 907 P.2d 876 (Kan. 1995).
“75-5210; K.S.A. 1994 Supp. 75-5251. These orders, rules, and regulations are made available to inmates and published pursuant to statutory procedures.”
Alcala v. Zmuda (Kan. Ct. App. 2024).
“44-8-116 and IMPP 15-102A when it created criteria based on parole eligibility dates, and second, that ECF failed to comply with K.S.A. 75-5256, resulting in a violation of inmates' Fourteenth Amendment rights to fair notice and due process under the United States Constitution.”
— K.S.A. § 75-5256(b) — 3 cases
State v. Ponce, 907 P.2d 876 (Kan. 1995).
“75-5210; K.S.A. 1994 Supp. 75-5251. These orders, rules, and regulations are made available to inmates and published pursuant to statutory procedures.”
Easley (D. Kan. 2026).
“Plaintiff claims that this constituted a violation of K.S.A. 75-5256(b) because all rules and regulations are supposed to be published and made available to all inmates.”
Alcala v. Zmuda (Kan. Ct. App. 2024).
“44-8-116 and IMPP 15-102A when it created criteria based on parole eligibility dates, and second, that ECF failed to comply with K.S.A. 75-5256, resulting in a violation of inmates' Fourteenth Amendment rights to fair notice and due process under the United States Constitution.”
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