Requiring correctional facilities and jails to allow inmates and prisoners to make telephone calls at no cost.

Session of 2026
SENATE BILL No. 351
By Senator Shallenburger
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AN ACT concerning correctional facilities and jails; relating to telephone
calls made by inmates and prisoners; requiring correctional facilities
and jails to allow inmates and prisoners to make telephone calls at no
cost; amending K.S.A. 12-4213, 19-1919 and 75-5210 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-4213 is hereby amended to read as follows: 12-
4213. (a) Any person arrested by a law enforcement officer shall be taken
immediately by the law enforcement officer to the police station of the city
or the office in the city designated by the municipal judge. At that time, the
person shall have the right to post bond for the person's appearance, in
accordance with K.S.A. 12-4301 and 12-4302, and amendments thereto,
except as hereinafter provided.
(b) (1) A law enforcement officer may detain a person arrested for
violation of a municipal ordinance in protective custody for a period not to
exceed six hours, including custody in a city or county jail, if such officer
has probable cause to believe that:
(1)(A) Such person may cause injury to oneself or others, or damage
to property; and
(2)(B) there is no responsible person or institution to which such
person might be released.
(2) Any person so held in protective custody shall be permitted to
consult with counsel or other persons who may act on such person's behalf.
Such person held in protective custody for six hours shall be given an
opportunity to post bond for such person's appearance in the municipal
court.
(c) Any person held in custody pursuant to the provisions of this
section, and who has not made bond for such person's appearance, may be
held in custody until the earliest practical time for such person's
appearance in municipal court upon a warrant being issued by the
municipal court in accordance with K.S.A. 12-4209, and amendments
thereto.
(d) Any person who remains in custody for 48 hours pursuant to the
provisions of this section after arrest, and who is awaiting a first
appearance before a municipal judge in the absence of a warrant being
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issued, shall be released on the person's personal recognizance. Bond shall
be set within 18 hours of the person being placed in custody.
(e) Any person held in custody pursuant to the provisions of this
section shall not be charged any amount of money to make telephone calls.
Such persons shall not be required to make collect telephone calls or set
up a prepaid collect account for making telephone calls. A city or county
jail may adopt policies related to the duration and frequency of telephone
calls made by persons in custody.
Sec. 2. K.S.A. 19-1919 is hereby amended to read as follows: 19-
1919. (a) All prisoners shall be treated with humanity, and in a manner
which that promotes their reform. Juveniles shall be kept in quarters
separate from adult criminals. The visits of parents and friends shall at all
reasonable times be permitted.
(b) When a prisoner is in the custody of the sheriff in a county jail,
such prisoner shall not be charged any amount of money to make
telephone calls. Prisoners shall not be required to make collect telephone
calls or set up a prepaid collect account for making telephone calls. A
county jail may adopt policies related to the duration and frequency of
telephone calls made by prisoners.
Sec. 3. K.S.A. 75-5210 is hereby amended to read as follows: 75-
5210. (a) Persons committed to the institutional care of the secretary of
corrections shall be dealt with humanely, with efforts directed to their
rehabilitation and return to the community as safely and promptly as
practicable. For these purposes, the secretary shall establish programs of
classification and diagnosis, education, casework, mental health,
counseling and psychotherapy, chemical dependency counseling and
treatment, sexual offender counseling, prerelease programs which that
emphasize re-entry skills, adjustment counseling and job placement,
vocational training and guidance, work, library, physical education and
other rehabilitation and recreation services ;, the secretary may establish
facilities for religious worship;, and the secretary shall institute procedures
for the study and classification of inmates. The secretary shall maintain a
comprehensive record of the behavior of each inmate reflecting
accomplishments and progress toward rehabilitation as well as charges of
infractions of rules and regulations, punishments imposed and medical
inspections made.
(b) Programs of work, education or training shall include a system of
promotional rewards entitling inmates to progressive transfer from high
security status to a lesser security status. The secretary shall have authority
at any time to transfer an inmate from one level of status to another level
of status. Inmates may apply to the secretary for such status privileges. The
secretary shall adopt a custody classification manual establishing standards
relating to the transfer of an inmate from one status to another, and in
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developing such standards the secretary shall take into consideration
progress made by the inmate toward attaining the educational, vocational
and behavioral goals set by the secretary for the individual inmate. In order
to facilitate the reintegration into the community of some inmates who are
scheduled for release within the next 90 days, there shall be a presumption
of minimum security status for those offenders who have been returned to
prison for violating conditions of their postrelease supervision not
involving a new criminal conviction and whose last facility security
custody status was not either special management or maximum. Inmates
sentenced to a state facility designated by the secretary to participate in an
intensive substance abuse treatment program, shall have a presumption of
minimum security status. These presumptions of minimum security status
shall be applied to the initial security custody upon readmission into a
correctional facility or admission into a state facility to participate in an
intensive substance abuse treatment program, unless the security custody
status is increased pursuant to policies adopted by the secretary. The
security custody status designated by the department shall not be subject to
judicial review.
(c) The secretary, with the cooperation of the department of health
and environment, shall adopt rules and regulations establishing and
prescribing standards for health, medical and dental services for each
institution, including preventive, diagnostic and therapeutic measures on
both an outpatient and a hospital basis, for all types of patients. An inmate
may be taken, when necessary, to a medical facility outside the institution.
(d) (1) Under rules and regulations adopted by the secretary, directors
of institutions may authorize visits, correspondence and communication,
under reasonable conditions, between inmates and appropriate friends,
relatives and others.
(2) An inmate in the custody of the secretary of corrections shall not
be charged any amount of money to make telephone calls. Inmates shall
not be required to make collect telephone calls or set up a prepaid collect
account for making telephone calls. The secretary may adopt policies
related to the duration and frequency of telephone calls made by inmates.
(e) The secretary shall adopt rules and regulations under which
inmates, as part of a program anticipating their release from minimum
security status, may be granted temporary furloughs from a correctional
institution or contract facility to visit their families or to be interviewed by
prospective employers.
(f) (1) The secretary shall adopt rules and regulations for the
maintenance of good order and discipline in the correctional institutions,
including procedures for dealing with violations. Disciplinary rules and
regulations may provide a system of punishment including segregation,
forfeitures of good time earned, fines, extra work, loss of privileges,
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restrictions and payment of restitution.
(2) The secretary and any persons designated by rules and regulations
of the secretary may administer oaths for the purpose of conducting
investigations and disciplinary proceedings pursuant to rules and
regulations adopted by the secretary under this subsection and under
K.S.A. 75-5251, and amendments thereto. For this purpose, the secretary
shall adopt rules and regulations designating those persons who may
administer oaths in such investigations and proceedings and the form and
manner of administration of the oaths.
(g) A copy of the rules and regulations adopted pursuant to subsection
(f) shall be provided to each inmate. Other rules and regulations of the
secretary which that are required to be published pursuant to K.S.A. 77-
415 through 77-437, and amendments thereto, shall be made available to
inmates by placing a copy in the inmate library at the institution or by
some other means providing reasonable accessibility to inmates.
(h) Any inmate participating in work and educational release
programs under the provisions of K.S.A. 75-5267, and amendments
thereto, shall continue to be in the legal custody of the secretary of
corrections, notwithstanding the inmate's absence from a correctional
institution by reason of employment, education or for any other purpose
related to such work and educational release programs, and any employer
or educator of that person shall be considered the representative or agent
for the secretary.
(i) The secretary shall establish administrative and fiscal procedures
to permit the use of regional or community institutions, local governmental
or private facilities or halfway houses for the placement of inmates
released for the purposes of this act and for the work and educational
release programs under K.S.A. 75-5267, and amendments thereto.
(j) The secretary may establish correctional work facilities and select
inmates to be assigned to such facilities.
(k) The secretary may acquire, in the name of the state, by lease,
purchase or contract additional facilities as may be needed for the housing
of persons in the secretary's custody.
(l) The secretary is hereby authorized to use any of the inmates
assigned to the secretary's custody in the construction and repair of
buildings or property on state owned or leased grounds.
(m) For the purposes of establishing and carrying out the programs
provided for by subsection (a) and by K.S.A. 75-5267, and amendments
thereto, the secretary may contract with qualified individuals, partnerships,
corporations or organizations;, with agencies of the state; or with the
United States or any political subdivision of the state, or any agency
thereof.
Sec. 4. K.S.A. 12-4213, 19-1919 and 75-5210 are hereby repealed.
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Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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