Kan. Admin. Regs. § 123-5-111

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

Section 123-5-111 - Disposition of contraband

(a) Contraband shall be divided into three categories as follows:

(1) Items that are contraband because mere possession is illegal in the state of Kansas or the United States;

(2) items, including money, that are designated as contraband in correctional institutions by the laws of the state of Kansas, by the regulations of the commissioner, or by facility orders; and

(3) items that are neither illegal in themselves nor defined as contraband in a correctional institution under all circumstances, but have become contraband because of either of the following:

(A) The items are misused or accumulated in excessive quantities.

(B) The items are an element of or instrument in an illegal or otherwise unauthorized or prohibited act.

(b) Upon an offender's admission to any juvenile correctional facility, the property that the offender is allowed to possess shall be restricted. Money and any property not permitted in the facility shall be disposed of according to regulations, internal management policies and procedures, or facility orders.

(c) If, at any time following admission to any juvenile correctional facility, the offender is found in possession of any item, including money, that by law, regulation, internal management policy and procedure, or facility order is deemed contraband, the item shall be confiscated, and the offender shall forfeit all rights to the item. If applicable, the item shall be held as evidence in a prosecution for a crime or a disciplinary proceeding, or both. Following the completion of any prosecution and disciplinary proceeding, the contraband shall be disposed of as follows:

(1) Items that are inherently illegal under the laws of the United States or Kansas shall be disposed of as allowed by law, and a record shall be made and retained at the facility for three years.

(2) Items that are illegal only in the institution may be destroyed or donated to any charitable, not-for-profit corporation, and a record shall be made and retained at the facility for three years. However, all money shall be placed in the offender benefit fund.

(d) If it is determined that property held by an offender should be confiscated because of its misuse or excessive accumulation but the property is otherwise not a violation, one of the following actions shall be taken:

(1) If the offender can show ownership of the property and the property has not been an element of or instrument in an illegal or otherwise unauthorized or prohibited act, the property may be sent out of the juvenile correctional facility to a person designated by the offender, at the offender's expense.

(2) If the property is an element of or instrument in an illegal or otherwise unauthorized or prohibited act, the property shall be held pending a prosecution or disciplinary hearing. Thereafter, at the superintendent's or designee's discretion, the property may be disposed of by donation to any charitable, not-for-profit corporation or destroyed. A record shall be made of the manner of disposition and retained at the facility for three years.

(3) If the property does not belong to the offender, the property shall be returned to the rightful owner if the owner can be determined. If the property was stolen, it may be used as evidence in a disciplinary hearing or prosecution before being returned to its rightful owner. If the property was the subject of a loan or other violation of the property registration requirements or if the rightful owner of the property cannot be determined, then, at the superintendent's or designee's discretion, the property may be disposed of by donation to any charitable, not-for-profit corporation or destroyed, and a record shall be made of the manner of disposition and retained at the facility for three years. However, money shall be placed in the offender benefit fund.

(e) The offender shall be given an opportunity to present any mitigating or extenuating circumstances that would excuse the possession of the contraband. The final decision shall be made by the superintendent or designee.

(f) If a finding is made that the item is not contraband, the item shall be returned to the offender.

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

Kan. Admin. Regs. § 123-5-111

Authorized by K.S.A. 2004 Supp. 75-7024 and K.S.A. 76-3203; implementing K.S.A. 75-7001, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.