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SENATE BILL No. 156
AN ACT concerning the secretary of corrections; increasing the amount of money that the
secretary of corrections may reimburse inmates for personal injury or property
damage or loss caused by negligence; requiring notice to the secretary for claims
exceeding the reimbursement maximum; amending K.S.A. 46-920 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 46-920 is hereby amended to read as follows:
46-920. (a) The secretary of corrections may reimburse any inmate of
any correctional institution or other facility under the secretary's
jurisdiction for any personal injury or personal property damage or loss
occurring under circumstances which establish, in the secretary's
opinion, that such loss or damage was caused by the negligence of the
state or any agency, officer or employee thereof. No reimbursement
payment shall be made on any claim for an amount of more than $500
$750. An inmate shall provide notice to the secretary of the nature,
time, date and place for claims exceeding $750. Failure to provide
such notice shall not prevent a claim from being considered by the joint
committee on claims against the state . Nothing in this section shall
prohibit the crediting of any payment made to an inmate of a
correctional institution or other facility under the secretary's jurisdiction
to such inmate's account within the institution or facility, as the case
may be.
(b) When an inmate owes an outstanding unpaid amount of
restitution ordered by a court pursuant to K.S.A. 21-4603, 21-4603d or
21-4610, prior to their repeal, or K.S.A. 21-6604, 21-6607 or 21-6702,
and amendments thereto, the secretary of corrections shall withdraw
from the inmate's trust account as a set-off:
(1) Money received by the inmate from the state as a settlement of
a claim against the state through the joint committee on special claims
against the state which is otherwise specifically approved for payment
by appropriation act of the legislature, or which is approved through the
department of corrections internal claims procedure under this section;
or
(2) money received by the inmate from the state as the result of a
settlement or a final judgment in a civil action in which the state of
Kansas or an employee of the department of corrections was a named
defendant and the state was found to be liable.
(c) When an inmate on post release, parole or conditional release
supervision owes an outstanding unpaid amount of restitution ordered
by a court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610, prior to
their repeal, or K.S.A. 21-6604, 21-6607 or 21-6702, and amendments
thereto, the state shall setoff the unpaid restitution from:
(1) Money payable to the inmate from the state as a settlement of a
claim against the state through the joint committee against the state
which is specifically approved for payment by appropriation act of the
legislature or which is approved through the department of corrections
under this section; or
(2) money payable to the inmate from the state as a result of a
settlement or final judgment in a civil action in which the state of
Kansas or an employee of the department of corrections was a named
defendant and the state was found to be liable.
(d) V ouchers certifying the amount to be setoff under subsection
(c) for the outstanding unpaid restitution and any balance remaining
payable to the inmate shall be prepared and submitted to the director of
accounts and reports of the department of administration.
(e) When more than one state court order of restitution is
outstanding and unpaid, moneys shall be applied to and paid for the
restitution orders in accordance with this section in the order in which
the final judgment orders were entered.
SENATE BILL No. 156—page 2
(f) Moneys Money collected for payment towards outstanding
unpaid restitution in accordance with this section shall be forwarded to
the appropriate clerk of the district court for disbursement.
Sec. 2. K.S.A. 46-920 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.