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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.

Revisor's Note:

The names of these institutions have been changed to the Lansing correctional facility and the Hutchinson correctional facility, see 75-52,131.

Attorney General's Opinions:

Secretary of corrections; facility leasing expenditures; facility housing policies. 88-57.

Department of corrections; placement and evaluation of female offenders. 88-67.


1. Prison officials have authority to transfer inmate at any time. Smith v. Halford, 570 F.Supp. 1187, 1191 (1983).

2. Cited; jail time credit (21-4614) while in community corrections facility on probation, authority to commit discussed. State v. Fowler, 238 K. 326, 334, 710 P.2d 1268 (1985).

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