Kan. Admin. Regs. § 123-12-902

Current through Register Vol. 43, No. 40, October 3, 2024

Section 123-12-902 - Less dangerous contraband

(a) "Less dangerous contraband" shall be defined as either of the following:

(1) Any item, including any ingredient, component, or instructions on the creation of an item, that is moderately dangerous in the institutional environment and is not issued by the agency, sold through the institution's canteen, or specifically authorized or permitted by internal management and policy and procedure or facility order; or

(2) any item that, although authorized, is misused in a way that causes or is likely to cause moderate danger to persons or property.

(b) All contraband shall be confiscated and may subsequently be ordered forfeited by the offender at the discretion of the disciplinary hearing officer.

(c)

(1) No offender shall possess, hold, sell, transfer, receive, control, distribute, or solicit any less dangerous contraband or any other types of contraband.

(2) Each violation of this subsection shall be a class II offense. Alternatively, any violation of this regulation may be handled according to the summary disposition procedure specified in K.A.R. 123-13-201b.

(d)

(1) No offender shall possess papers, bottles, containers, trash, or any other items in excess of those limits established by regulation, internal management policy and procedure, and facility order.

(2) The possession of excess items described in this subsection shall be considered to be the possession of nuisance contraband and shall be a class III offense.

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

Kan. Admin. Regs. § 123-12-902

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