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75-5205. Powers and duties of secretary of corrections; employees; office space. (a) The secretary of corrections shall have the general supervision and management of the correctional institutions of the state and such other facilities as may be acquired by lease, purchase or contract for the housing of persons in the secretary's custody. The secretary shall have general supervision, management and control of any manufacturing or other business that may be carried on in behalf of the state pursuant to law, other than business enterprises operating under K.S.A. 75-5288, and amendments thereto, in and about any correctional institution or facility and shall have the power to receive, take charge, sell or otherwise dispose of any articles manufactured or produced for the benefit of the state, in the manner prescribed by law, other than articles, products and services produced or provided by business enterprises operating under K.S.A. 75-5288, and amendments thereto. The secretary shall have charge and general supervision of the grounds and buildings of such correctional institutions, and the secretary is hereby authorized to purchase the necessary material and supplies therefor. The secretary shall be authorized to consolidate the administration and operations of any correctional institutions.

(b) For purpose of carrying out the secretary's duties, the secretary shall have the authority to receive and expend federal funds and to contract with qualified individuals, partnerships, corporations, organizations, other agencies of the state and the federal government and its agencies.

(c) The secretary shall devote the secretary's entire time to the duties conferred upon the secretary by this act. The secretary may appoint such employees as may be necessary for the efficient management and administration of the department of corrections and as are within available appropriations therefor, and such employees shall be within the classified service under the Kansas civil service act unless otherwise specifically provided by law. Any person appointed as an attorney shall be in the unclassified service under the Kansas civil service act.

(d) The secretary may appoint such advisors or groups of advisors as the secretary deems necessary to carry out the duties imposed by this act. Such advisors or groups of advisors will serve at the pleasure of the secretary and may receive mileage and subsistence allowances.

(e) The secretary may accept and receive for the department of corrections or a correctional institution any gift of property which the secretary determines would enhance the services provided by the department of corrections.

(f) The secretary of administration shall provide the department of corrections with office space at Topeka.

History: L. 1973, ch. 339, § 5; L. 1974, ch. 403, § 8; L. 1975, ch. 458, § 1; L. 1978, ch. 332, § 48; L. 1978, ch. 366, § 4; L. 1978, ch. 330, § 40; L. 1979, ch. 296, § 1; L. 1984, ch. 330, § 1; L. 1985, ch. 288, § 1; L. 1988, ch. 301, § 28; L. 1992, ch. 245, § 4; May 21.

Source or prior law:


Cross References to Related Sections:

Secretary to provide corrections ombudsman board with access to records and facilities and with personnel and accounting services, see 74-7301, 74-7303.


1. Cited; whether adult authority acted in absence of or in excess of jurisdiction by forfeiting good time credits examined. Urban v. Henley, 654 F.Supp. 870, 877 (1987).

2. Cited; authority of sentencing court and secretary of corrections concerning confinement (21-46-1, 21-4603) distinguished; procedures under 60-1501 et seq. examined. State ex rel. Stephan v. Clark, 243 K. 561, 566, 759 P.2d 119 (1988).

3. Prisoner's administrative segregation under regulations not significant deprivation by which liberty interest created; no due process rights violated. Murphy v. Nelson, 260 K. 589, 594, 921 P.2d 1225 (1996).

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