Kan. R. Jud. Dist. 3.327

As amended through October 30, 2024

Rule 3.327 - Procedure for Approving House Arrest Providers and GPS Providers

No individual or company may provide House Arrest or GPS services in Shawnee County unless the provider and any agents of that provider have been approved by the Chief Judge of the 3rd Judicial District beginning January 1, 2018. In order to provide GPS or House Arrest services in Shawnee County, a provider and each agent of the provider must fill out an application on an annual basis and submit the application to the Chief Judge with copies to the District Attorney. Applications are due on or before November 1 for the following calendar year. The District Attorney should notify the Chief Judge of any objection to the application within 14 days of the receipt of the application. The Chief Judge will review applications to determine whether a provider meets the qualifications to provide House Arrest and GPS services in Shawnee County. If approved, the provider will be authorized to provide GPS or House Arrest Services in Shawnee County for the next calendar year or the remainder of the calendar year.

A GPS or House Arrest provider must file an application with the Chief Judge. There will be no filing fee. The application shall contain the following information:

1. Name of provider and any agents working for the provider

2. A declaration signed under penalty of perjury by each proposed provider or agent stating that person's full name, aliases, social security number, address, date of birth, and statement of any misdemeanor and/or felony convictions including whether the person is currently on probation or post release

3. Description of GPS equipment that will be used 4. Description of services that will be provided. It is mandatory that providers have 24 hour monitoring capabilities. 5. A statement under penalty of perjury that the provider or agent will not provide any services to any family member or anyone with whom the provider or agent has a personal relationship.

4. Description of services that will be provided. It is mandatory that providers have 24 hour monitoring capabilities.

5. A statement under penalty of perjury that the provider or agent will not provide any services to any family member or anyone with whom the provider or agent has a personal relationship.

Without prior notice, the Chief Judge may suspend or revoke House Arrest Providers and/or GPS Providers or their agents upon determination of insufficiency or unreliability of the providers or their agents or for such other reasons as the Court deems good cause constituting the need for prompt concern or response. The Court will provide notice of the suspension or revocation to the House Arrest and/or GPS Provider. Within 14 days after the provider has been suspended or revoked, the provider may file a request to appear before the Chief Judge regarding the suspension or the revocation to show cause why reconsideration of the revocation or suspension should be had.

Suspension or revocation also may be initiated by either the Office of the District Attorney or by the Chief Judge upon filing a notice of intent to seek suspension or revocations. The notice of intent to seek suspension or revocation shall be delivered to the House Arrest or GPS Provider whose suspension or revocation is at issue. Within 14 days after the delivery of the notice of intent to seek suspension or revocation, the provider may file a request to appear before the Chief Judge to show cause why the suspension or revocation should not occur.

A provider of these services may seek to add additional agents by filing with the Chief Judge and serving on the District Attorney a Notice of Intent to add Agents together with the information required to approve an agent. If the District Attorney does not object within 14 days after the Notice of Intent to Add Agents is filed, the Chief Judge will review the application of the agent in order to determine whether the proposed agent meets the qualifications to provide House Arrest and GPS services.

A provider must notify the Chief Judge, in writing, when an agent is terminated from employment with the provider.

Kan. R. Jud. Dist. 3.327

Adopted: 10/2/2002; revised 8/17/2016.