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75-5251. Government and discipline of correctional institutions; release supervision services; duties of secretary; investigatory powers; rules and regulations. The secretary shall have power, and it shall be the secretary's duty from time to time, to examine and inquire into all matters connected with the government and discipline of the correctional institutions and release supervision services under the secretary's supervision and control; the punishment and employment of the inmates, and releasees under the secretary's supervision and the purchases and sales of the articles provided for such correctional institutions and parole offices or sold on account thereof; and the secretary may from time to time require reports from the warden, parole director or other officers of any such correctional institution or parole office in relation to any or all of such matters. It shall be the secretary's duty to inquire into any improper conduct which may be alleged to have been committed by the warden, parole director or any other officer of any such correctional institution or parole office; and for that purpose the secretary shall have power to issue subpoenas to compel the attendance of witnesses, and the production of papers and writings in the same manner and with like effect as in cases of arbitration. The secretary may administer oaths to any such witnesses before examination thereof.

The secretary shall have free access to the correctional institutions and parole offices at all times, and it shall be the duty of the warden, parole director and other officers of any such correctional institution or parole office, whenever requested, to exhibit to the secretary, on demand, all the books, papers, accounts and writings pertaining to the correctional institution or parole office, or to the business, government, discipline or management thereof, and to render to the secretary every other facility in their power to enable the secretary to discharge the secretary's duties under this act.

The secretary shall adopt rules and regulations or policies for the direction and government of such correctional institutions and the officers thereof, and may change the same from time to time.

History: L. 1973, ch. 339, § 41; L. 1990, ch. 309, § 60; L. 2010, ch. 34, § 1; July 1.

Source or prior law:

76-2404.

CASE ANNOTATIONS

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

2. Prison regulations limiting outgoing inmate personal correspondence rights held constitutional. Collier v. Nelson, 25 Kan. App. 2d 582, 584, 966 P.2d 1117 (1998).

3. Prisoner failed to exhaust administrative remedies and timely file petition in district court. Litzinger v. Bruce, 41 Kan. App. 2d 9, 201 P.3d 707 (2009).


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