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75-52,129. Placement of inmates in facilities owned and operated by cities and towns; guidelines and limitations. (a) The secretary of corrections is hereby authorized to negotiate and enter into contracts with Kansas cities and counties for the placement of inmates, who are classified as medium custody or any higher custody or security classification, in facilities owned and operated by the cities and counties. If the secretary of corrections proposes to place any inmates classified as medium custody or any higher custody classification for confinement in facilities other than correctional or other institutions or facilities owned and operated by the department of corrections or any other state agency, the secretary of corrections shall give first consideration to entering into contracts with Kansas cities and counties under this section before attempting to place any such inmate for confinement at any location outside the state of Kansas if the facilities to be provided under such contracts are substantially equal to facilities at locations outside the state of Kansas and if arrangements can be made in a timely manner. Except as provided in subsection (b), the provisions of this section and any contract or preliminary letter of commitment entered into pursuant to this section shall not apply to any minimum custody or community custody status inmates, or any other custody or security classification lower than medium custody, or to any inmate who may be placed in a work release or prerelease program, center or facility by the secretary of corrections, who is eligible for parole or who is placed pursuant to the interstate corrections compact. Contracts entered into pursuant to this section shall not be subject to competitive bid requirements under K.S.A. 75-3739, and amendments thereto.

(b) The secretary shall not enter into any contract as provided in subsection (a) with any city or county of this state for the placement of inmates that does not provide that such city or county shall provide and maintain appropriate and recognized standards of safety, health and security.

History: L. 1989, ch. 31, § 7; L. 2000, ch. 182, § 10; May 25.

Law Review and Bar Journal References:

"Zoning and Planning: The Economics of State Land Use and the Balancing of Interests Test [Herrmann v. Board of County Commissioners of Butler County, 246 Kan. 152, 785 P.2d 1003 (1990)]," J. Scott MacBeth, 30 W.L.J. 148, 160 (1990).

Attorney General's Opinions:

Prohibition against certain local and private prisons. 94-27.

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