19-1930.County jails; U.S. prisoners, city
prisoners and inmates on parole or conditional release; compensation for
maintenance; payments by inmates to defray maintenance cost; Sedgwick county,
tax levy; failure of sheriff or jailer to perform duties; attorney
visitation.
(a) The sheriff or the keeper of the jail in any county of the state shall
receive all prisoners committed to the sheriff's or jailer's custody by the
authority of the United States or by the authority of any city located in such
county and shall keep them safely in the same manner as prisoners of the county
until discharged in accordance with law. The county maintaining such prisoners
shall receive from the United States or such city compensation for the
maintenance of such prisoners in an amount equal to that provided by the county
for maintenance of county prisoners and provision shall be made for the
maintenance of such prisoners in the same manner as prisoners of the county.
The governing body of any city committing prisoners to the county jail shall
provide for the payment of such compensation upon receipt of a statement from
the 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 shall
receive all prisoners committed to the sheriff's or jailer's custody pursuant
to K.S.A. 75-5217, and amendments thereto, and shall keep them safely in the
same manner as prisoners of the county until discharged in accordance with law
or until otherwise ordered by the secretary of corrections. The cost of
maintenance of such prisoners, including medical costs of such prisoners shall
be paid by the department of corrections in an amount equal to that provided by
the county for maintenance of county prisoners.
(c) In lieu of charging city authorities for the cost of maintenance of
prisoners as provided by subsections (a) and (b), the board of county
commissioners of Sedgwick county may levy a tax not to exceed one mill upon
all tangible taxable property of the county to pay such costs and the costs of
maintaining county prisoners. No revenue derived from such levy shall be used
to pay the costs of maintenance of prisoners committed to the jail by federal
or state authorities, or authorities of other counties or cities in other
counties. For the purpose of this subsection, if any portion of a city is
located within a county levying a tax hereunder, all prisoners of such city
shall be deemed prisoners of such county.
(d) The board of county commissioners of a county may provide by resolution
that any inmate of the county jail who participates in a work release or job
training program for which the inmate receives compensation or a subsistence
allowance shall be required to pay to the county an amount not exceeding $20
per day to defray costs of maintaining such inmate in the county jail. Such
resolution shall provide for reduction or waiver of such amount in instances in
which payment would create undue hardship for an inmate. The inmate shall pay
any amount charged pursuant to such resolution, in cash or by money order, to
the county treasurer, who shall deposit the entire amount in the county
treasury 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 such
payment. If the county is otherwise entitled to receive reimbursement or
compensation for the maintenance of an inmate who is required to pay an amount
pursuant to such resolution, the amount paid by such inmate shall be deducted
from the amount of the other reimbursement or compensation to which the county
is entitled.
(e) (1) The board of county commissioners of a county may provide by
resolution that any inmate of the county jail who is incarcerated in the county
jail pursuant to a sentence for the conviction of a crime in this state shall
be required to pay to the county a fee in an amount not exceeding the county's
daily cost of housing the inmate to defray the costs of maintaining such inmate
in the county jail for each day prior to and after conviction for an offense
resulting in a conviction.
(2) Such resolution shall provide:
(A) For the priority of restitution, child support, court costs or fines over
such fee;
(B) for reduction or waiver of such amount in instances in which payment
would create undue hardship for an inmate and for a procedure to provide for a
reduction or waiver; and
(C) that if the inmate fails to pay such amount charged pursuant to such
resolution, the county keeping such inmate may garnish such inmate's commissary
account to recover such costs, upon notice and hearing given to such inmate as
provided for in any such resolution contemplated herein.
(3) The inmate shall pay the amount charged pursuant to such resolution, in
cash or by money order, or by release of funds in the inmate's jail commissary
account, to the county treasurer, who shall deposit the entire amount in the
county treasury and credit it to the county general fund.
(4) The sheriff shall forward any garnished commissary account payment to the
county treasurer, who shall deposit the entire amount in the county treasury
and credit it to the county general fund.
(5) If the county is otherwise entitled to receive reimbursement or
compensation for the maintenance of an inmate who is required to pay an amount
pursuant to such resolution, and such reimbursement or compensation constitutes
the entirety of the costs of maintaining such inmate in the county jail, the
amount paid by such inmate shall be deducted from the amount of the other
reimbursement or compensation to which the county is entitled.
(f) If any sheriff or jailer neglects or refuses to perform the services
and duties required by the provisions of this act, the sheriff or jailer
shall be subject to the same penalties, forfeitures and actions as if the
prisoners had been committed under the authority of this state.
(g) Attorneys of prisoners held in a county jail shall be permitted to visit
them 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.
19-1930.County jails; U.S. prisoners, city
prisoners and inmates on parole or conditional release; compensation for
maintenance; payments by inmates to defray maintenance cost; Sedgwick county,
tax levy; failure of sheriff or jailer to perform duties; attorney
visitation.
(a) The sheriff or the keeper of the jail in any county of the state shall
receive all prisoners committed to the sheriff's or jailer's custody by the
authority of the United States or by the authority of any city located in such
county and shall keep them safely in the same manner as prisoners of the county
until discharged in accordance with law. The county maintaining such prisoners
shall receive from the United States or such city compensation for the
maintenance of such prisoners in an amount equal to that provided by the county
for maintenance of county prisoners and provision shall be made for the
maintenance of such prisoners in the same manner as prisoners of the county.
The governing body of any city committing prisoners to the county jail shall
provide for the payment of such compensation upon receipt of a statement from
the 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 shall
receive all prisoners committed to the sheriff's or jailer's custody pursuant
to K.S.A. 75-5217, and amendments thereto, and shall keep them safely in the
same manner as prisoners of the county until discharged in accordance with law
or until otherwise ordered by the secretary of corrections. The cost of
maintenance of such prisoners, including medical costs of such prisoners shall
be paid by the department of corrections in an amount equal to that provided by
the county for maintenance of county prisoners.
(c) In lieu of charging city authorities for the cost of maintenance of
prisoners as provided by subsections (a) and (b), the board of county
commissioners of Sedgwick county may levy a tax not to exceed one mill upon
all tangible taxable property of the county to pay such costs and the costs of
maintaining county prisoners. No revenue derived from such levy shall be used
to pay the costs of maintenance of prisoners committed to the jail by federal
or state authorities, or authorities of other counties or cities in other
counties. For the purpose of this subsection, if any portion of a city is
located within a county levying a tax hereunder, all prisoners of such city
shall be deemed prisoners of such county.
(d) The board of county commissioners of a county may provide by resolution
that any inmate of the county jail who participates in a work release or job
training program for which the inmate receives compensation or a subsistence
allowance shall be required to pay to the county an amount not exceeding $20
per day to defray costs of maintaining such inmate in the county jail. Such
resolution shall provide for reduction or waiver of such amount in instances in
which payment would create undue hardship for an inmate. The inmate shall pay
any amount charged pursuant to such resolution, in cash or by money order, to
the county treasurer, who shall deposit the entire amount in the county
treasury 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 such
payment. If the county is otherwise entitled to receive reimbursement or
compensation for the maintenance of an inmate who is required to pay an amount
pursuant to such resolution, the amount paid by such inmate shall be deducted
from the amount of the other reimbursement or compensation to which the county
is entitled.
(e) (1) The board of county commissioners of a county may provide by
resolution that any inmate of the county jail who is incarcerated in the county
jail pursuant to a sentence for the conviction of a crime in this state shall
be required to pay to the county a fee in an amount not exceeding the county's
daily cost of housing the inmate to defray the costs of maintaining such inmate
in the county jail for each day prior to and after conviction for an offense
resulting in a conviction.
(2) Such resolution shall provide:
(A) For the priority of restitution, child support, court costs or fines over
such fee;
(B) for reduction or waiver of such amount in instances in which payment
would create undue hardship for an inmate and for a procedure to provide for a
reduction or waiver; and
(C) that if the inmate fails to pay such amount charged pursuant to such
resolution, the county keeping such inmate may garnish such inmate's commissary
account to recover such costs, upon notice and hearing given to such inmate as
provided for in any such resolution contemplated herein.
(3) The inmate shall pay the amount charged pursuant to such resolution, in
cash or by money order, or by release of funds in the inmate's jail commissary
account, to the county treasurer, who shall deposit the entire amount in the
county treasury and credit it to the county general fund.
(4) The sheriff shall forward any garnished commissary account payment to the
county treasurer, who shall deposit the entire amount in the county treasury
and credit it to the county general fund.
(5) If the county is otherwise entitled to receive reimbursement or
compensation for the maintenance of an inmate who is required to pay an amount
pursuant to such resolution, and such reimbursement or compensation constitutes
the entirety of the costs of maintaining such inmate in the county jail, the
amount paid by such inmate shall be deducted from the amount of the other
reimbursement or compensation to which the county is entitled.
(f) If any sheriff or jailer neglects or refuses to perform the services
and duties required by the provisions of this act, the sheriff or jailer
shall be subject to the same penalties, forfeitures and actions as if the
prisoners had been committed under the authority of this state.
(g) Attorneys of prisoners held in a county jail shall be permitted to visit
them 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.
19-1930.County jails; U.S. prisoners, city
prisoners and inmates on parole or conditional release; compensation for
maintenance; payments by inmates to defray maintenance cost; Sedgwick county,
tax levy; failure of sheriff or jailer to perform duties; attorney
visitation.
(a) The sheriff or the keeper of the jail in any county of the state shall
receive all prisoners committed to the sheriff's or jailer's custody by the
authority of the United States or by the authority of any city located in such
county and shall keep them safely in the same manner as prisoners of the county
until discharged in accordance with law. The county maintaining such prisoners
shall receive from the United States or such city compensation for the
maintenance of such prisoners in an amount equal to that provided by the county
for maintenance of county prisoners and provision shall be made for the
maintenance of such prisoners in the same manner as prisoners of the county.
The governing body of any city committing prisoners to the county jail shall
provide for the payment of such compensation upon receipt of a statement from
the 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 shall
receive all prisoners committed to the sheriff's or jailer's custody pursuant
to K.S.A. 75-5217, and amendments thereto, and shall keep them safely in the
same manner as prisoners of the county until discharged in accordance with law
or until otherwise ordered by the secretary of corrections. The cost of
maintenance of such prisoners, including medical costs of such prisoners shall
be paid by the department of corrections in an amount equal to that provided by
the county for maintenance of county prisoners.
(c) In lieu of charging city authorities for the cost of maintenance of
prisoners as provided by subsections (a) and (b), the board of county
commissioners of Sedgwick county may levy a tax not to exceed one mill upon
all tangible taxable property of the county to pay such costs and the costs of
maintaining county prisoners. No revenue derived from such levy shall be used
to pay the costs of maintenance of prisoners committed to the jail by federal
or state authorities, or authorities of other counties or cities in other
counties. For the purpose of this subsection, if any portion of a city is
located within a county levying a tax hereunder, all prisoners of such city
shall be deemed prisoners of such county.
(d) The board of county commissioners of a county may provide by resolution
that any inmate of the county jail who participates in a work release or job
training program for which the inmate receives compensation or a subsistence
allowance shall be required to pay to the county an amount not exceeding $20
per day to defray costs of maintaining such inmate in the county jail. Such
resolution shall provide for reduction or waiver of such amount in instances in
which payment would create undue hardship for an inmate. The inmate shall pay
any amount charged pursuant to such resolution, in cash or by money order, to
the county treasurer, who shall deposit the entire amount in the county
treasury 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 such
payment. If the county is otherwise entitled to receive reimbursement or
compensation for the maintenance of an inmate who is required to pay an amount
pursuant to such resolution, the amount paid by such inmate shall be deducted
from the amount of the other reimbursement or compensation to which the county
is entitled.
(e) (1) The board of county commissioners of a county may provide by
resolution that any inmate of the county jail who is incarcerated in the county
jail pursuant to a sentence for the conviction of a crime in this state shall
be required to pay to the county a fee in an amount not exceeding the county's
daily cost of housing the inmate to defray the costs of maintaining such inmate
in the county jail for each day prior to and after conviction for an offense
resulting in a conviction.
(2) Such resolution shall provide:
(A) For the priority of restitution, child support, court costs or fines over
such fee;
(B) for reduction or waiver of such amount in instances in which payment
would create undue hardship for an inmate and for a procedure to provide for a
reduction or waiver; and
(C) that if the inmate fails to pay such amount charged pursuant to such
resolution, the county keeping such inmate may garnish such inmate's commissary
account to recover such costs, upon notice and hearing given to such inmate as
provided for in any such resolution contemplated herein.
(3) The inmate shall pay the amount charged pursuant to such resolution, in
cash or by money order, or by release of funds in the inmate's jail commissary
account, to the county treasurer, who shall deposit the entire amount in the
county treasury and credit it to the county general fund.
(4) The sheriff shall forward any garnished commissary account payment to the
county treasurer, who shall deposit the entire amount in the county treasury
and credit it to the county general fund.
(5) If the county is otherwise entitled to receive reimbursement or
compensation for the maintenance of an inmate who is required to pay an amount
pursuant to such resolution, and such reimbursement or compensation constitutes
the entirety of the costs of maintaining such inmate in the county jail, the
amount paid by such inmate shall be deducted from the amount of the other
reimbursement or compensation to which the county is entitled.
(f) If any sheriff or jailer neglects or refuses to perform the services
and duties required by the provisions of this act, the sheriff or jailer
shall be subject to the same penalties, forfeitures and actions as if the
prisoners had been committed under the authority of this state.
(g) Attorneys of prisoners held in a county jail shall be permitted to visit
them 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.