19-1930.   County jails; U.S. prisoners, cityprisoners and inmates on parole or conditional release; compensation formaintenance; payments by inmates to defray maintenance cost; Sedgwick county,tax levy; failure of sheriff or jailer to perform duties; attorneyvisitation.(a) The sheriff or the keeper of the jail in any county of the state shallreceive all prisoners committed to the sheriff's or jailer's custody by theauthority of the United States or by the authority of any city located in suchcounty and shall keep them safely in the same manner as prisoners of the countyuntil discharged in accordance with law. The county maintaining such prisonersshall receive from the United States or such city compensation for themaintenance of such prisoners in an amount equal to that provided by the countyfor maintenance of county prisoners and provision shall be made for themaintenance of such prisoners in the same manner as prisoners of the county.The governing body of any city committing prisoners to the county jail shallprovide for the payment of such compensation upon receipt of a statement fromthe sheriff of such county as to the amount due therefor from such city.

      (b)   The sheriff or the keeper of the jail in any county of the state shallreceive all prisoners committed to the sheriff's or jailer's custody pursuantto K.S.A. 75-5217, and amendments thereto, and shall keep them safely in thesame manner as prisoners of the county until discharged in accordance with lawor until otherwise ordered by the secretary of corrections. The cost ofmaintenance of such prisoners, including medical costs of such prisoners shallbe paid by the department of corrections in an amount equal to that provided bythe county for maintenance of county prisoners.

      (c)   In lieu of charging city authorities for the cost of maintenance ofprisoners as provided by subsections (a) and (b), the board of countycommissioners of Sedgwick county may levy a tax not to exceed one mill uponall tangible taxable property of the county to pay such costs and the costs ofmaintaining county prisoners. No revenue derived from such levy shall be usedto pay the costs of maintenance of prisoners committed to the jail by federalor state authorities, or authorities of other counties or cities in othercounties. For the purpose of this subsection, if any portion of a city islocated within a county levying a tax hereunder, all prisoners of such cityshall be deemed prisoners of such county.

      (d)   The board of county commissioners of a county may provide by resolutionthat any inmate of the county jail who participates in a work release or jobtraining program for which the inmate receives compensation or a subsistenceallowance shall be required to pay to the county an amount not exceeding $20per day to defray costs of maintaining such inmate in the county jail. Suchresolution shall provide for reduction or waiver of such amount in instances inwhich payment would create undue hardship for an inmate. The inmate shall payany amount charged pursuant to such resolution, in cash or by money order, tothe county treasurer, who shall deposit the entire amount in the countytreasury and credit it to the county general fund. If payment is made in cash,the county treasurer shall provide the inmate with a written receipt for suchpayment. If the county is otherwise entitled to receive reimbursement orcompensation for the maintenance of an inmate who is required to pay an amountpursuant to such resolution, the amount paid by such inmate shall be deductedfrom the amount of the other reimbursement or compensation to which the countyis entitled.

      (e) (1)   The board of county commissioners of a county may provide byresolution that any inmate of the county jail who is incarcerated in the countyjail pursuant to a sentence for the conviction of a crime in this state shallbe required to pay to the county a fee in an amount not exceeding the county'sdaily cost of housing the inmate to defray the costs of maintaining such inmatein the county jail for each day prior to and after conviction for an offenseresulting in a conviction.

      (2)   Such resolution shall provide:

      (A)   For the priority of restitution, child support, court costs or fines oversuch fee;

      (B)   for reduction or waiver of such amount in instances in which paymentwould create undue hardship for an inmate and for a procedure to provide for areduction or waiver; and

      (C)   that if the inmate fails to pay such amount charged pursuant to suchresolution, the county keeping such inmate may garnish such inmate's commissaryaccount to recover such costs, upon notice and hearing given to such inmate asprovided for in any such resolution contemplated herein.

      (3)   The inmate shall pay the amount charged pursuant to such resolution, incash or by money order, or by release of funds in the inmate's jail commissaryaccount, to the county treasurer, who shall deposit the entire amount in thecounty treasury and credit it to the county general fund.

      (4)   The sheriff shall forward any garnished commissary account payment to thecounty treasurer, who shall deposit the entire amount in the county treasuryand credit it to the county general fund.

      (5)   If the county is otherwise entitled to receive reimbursement orcompensation for the maintenance of an inmate who is required to pay an amountpursuant to such resolution, and such reimbursement or compensation constitutesthe entirety of the costs of maintaining such inmate in the county jail, theamount paid by such inmate shall be deducted from the amount of the otherreimbursement or compensation to which the county is entitled.

      (f)   If any sheriff or jailer neglects or refuses to perform the servicesand duties required by the provisions of this act, the sheriff or jailershall be subject to the same penalties, forfeitures and actions as if theprisoners had been committed under the authority of this state.

      (g)   Attorneys of prisoners held in a county jail shall be permitted to visitthem professionally at all reasonable hours.

      History:   L. 1963, ch. 174, § 1;L. 1981, ch. 350, § 2;L. 1984, ch. 101, § 1;L. 1988, ch. 104, § 1;L. 1990, ch. 66, § 25;L. 2003, ch. 69, § 1;L. 2004, ch. 33, § 1; July 1.