Kan. Admin. Regs. § 123-12-1306

Current through Register Vol. 43, No. 37, September 12, 2024

Section 123-12-1306 - Use of restitution

(a) When restitution is used in the disciplinary process, the following requirements and limitations shall apply:

(1) The amount and manner of payment of restitution imposed may be appealed in the same manner and to the same extent as those for any other appeal of sentence in the disciplinary process.

(2) The amount of restitution ordered shall be fair and shall not be used in a way that disrupts family support payments, tax payments, or courtordered restitution.

(3) No offender shall be required to continue payment on any restitution imposed under these regulations while released from confinement. If the offender is readmitted to a juvenile correctional facility, any balance due on the order of restitution may be collected.

(4) Restitution shall be paid out of money available to the offender from any legitimate source of funds, including any gainful work program. Restitution payment shall be limited to a reasonable amount and, if proper under the circumstances, shall be made in installments.

(5) The offender shall be given notice, not later than the beginning of the disciplinary hearing, of the basis for seeking restitution and shall be given an opportunity during the disposition phase of the disciplinary proceedings to present evidence regarding the appropriate amount of restitution. The hearing officer shall limit the evidence to a reasonable amount and extent appropriate to the nature of the administrative hearing, the level of the offense, and the extent of possible impact on the offender's resources.

(b) If restitution is paid to the state, the money shall be deposited in the state general fund. If restitution is paid to another offender, the money shall be transferred from the account of the offender payer to the account of the offender payee after the conclusion of the entire disciplinary process, including any appeal. If restitution is paid to any other person, the hearing officer shall determine how payment is to be made, and the payment arrangements shall be reviewed by the superintendent for consideration for approval.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-12-1306

Authorized by and implementing K.S.A. 2004 Supp. 75-7024 and K.S.A. 76-3203; effective April 8, 2005.