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75-5210a. Programs designed to prepare inmate for release on parole supervision; agreements between secretary and inmate; completion of program reported to prisoner review board; inmate eligible for parole prior to completion of program; agreement entered into inmate's record. (a) Within a reasonable time after a defendant is committed to the custody of the secretary of corrections, for service of a sentence for an indeterminate or off grid crime, the secretary shall enter into a written agreement with the inmate specifying those educational, vocational, mental health or other programs which the secretary determines the inmate must satisfactorily complete in order to be prepared for release on parole supervision. To the extent practicable, the agreement shall require the inmate to have made progress towards or to have successfully completed the equivalent of a secondary education before release on parole if the inmate has not previously completed such educational equivalent and is capable of doing so. The agreement shall be conditioned on the inmate's satisfactory conduct, employment and attitude while incarcerated. If the secretary determines that the inmate's conduct, employment, attitude or needs require modifications or additions to those programs which are set forth in the agreement, the secretary shall revise the requirements. The secretary shall agree that, when the inmate satisfactorily completes the programs required by the agreement, or any revision thereof, the secretary shall report that fact in writing to the prisoner review board. If the inmate becomes eligible for parole before satisfactorily completing such programs, the secretary shall report in writing to the board the programs which are not completed.

(b) A copy of any agreement and any revisions thereof shall be entered into the inmate's record.

History: L. 1988, ch. 115, § 6; L. 1990, ch. 113, § 1; L. 1992, ch. 239, § 287; L. 2007, ch. 50, § 1; L. 2012, ch. 16, § 35; July 1.

Law Review and Bar Journal References:

"Treating the Sex Offender at Any Cost: Fifth Amendment Privilege Against Compelled Self-Incrimination in the Prison Context [McKune v. Lile, 122 S. Ct. 2017 (2002)]," Abigail E. Robinson, 42 W.L.J. 725 (2003).

Attorney General's Opinions:

Program agreements between secretary of corrections and inmate. 89-9.

Secretary of corrections; release procedures; parole eligibility; additional programs. 92-61.

CASE ANNOTATIONS

1. Whether program agreement violates ban on ex post facto laws when applied to inmate convicted before enactment of agreement examined. Payne v. Kansas Parole Board, 20 K.A.2d 301, 887 P.2d 147 (1994).

2. Requirement that inmate complete sexual abuse treatment program to be eligible for parole held not retroactive. Lile v. McKune, 224 F.3d 1175, 1181 (2000).

3. Parole board denial of parole based partly on noncompletion of sexual abuse treatment did not violate due process. Reed v. McKune, 298 F.3d 946, 952 (2002).


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