Current through Register Vol. 43, No. 39, September 26, 2024
(a) Contraband
shall be divided into three categories as follows:
(1) Items that are contraband because mere
possession is illegal in the state of Kansas or the United States;
(2) items, including money, that are
designated as contraband in correctional institutions by the laws of the state
of Kansas, by the regulations of the commissioner, or by facility orders; and
(3) items that are neither illegal
in themselves nor defined as contraband in a correctional institution under all
circumstances, but have become contraband because of either of the following:
(A) The items are misused or accumulated in
excessive quantities.
(B) The
items are an element of or instrument in an illegal or otherwise unauthorized
or prohibited act.
(b) Upon an offender's admission to any
juvenile correctional facility, the property that the offender is allowed to
possess shall be restricted. Money and any property not permitted in the
facility shall be disposed of according to regulations, internal management
policies and procedures, or facility orders.
(c) If, at any time following admission to
any juvenile correctional facility, the offender is found in possession of any
item, including money, that by law, regulation, internal management policy and
procedure, or facility order is deemed contraband, the item shall be
confiscated, and the offender shall forfeit all rights to the item. If
applicable, the item shall be held as evidence in a prosecution for a crime or
a disciplinary proceeding, or both. Following the completion of any prosecution
and disciplinary proceeding, the contraband shall be disposed of as follows:
(1) Items that are inherently illegal under
the laws of the United States or Kansas shall be disposed of as allowed by law,
and a record shall be made and retained at the facility for three years.
(2) Items that are illegal only in
the institution may be destroyed or donated to any charitable, not-for-profit
corporation, and a record shall be made and retained at the facility for three
years. However, all money shall be placed in the offender benefit fund.
(d) If it is determined
that property held by an offender should be confiscated because of its misuse
or excessive accumulation but the property is otherwise not a violation, one of
the following actions shall be taken:
(1) If
the offender can show ownership of the property and the property has not been
an element of or instrument in an illegal or otherwise unauthorized or
prohibited act, the property may be sent out of the juvenile correctional
facility to a person designated by the offender, at the offender's expense.
(2) If the property is an element
of or instrument in an illegal or otherwise unauthorized or prohibited act, the
property shall be held pending a prosecution or disciplinary hearing.
Thereafter, at the superintendent's or designee's discretion, the property may
be disposed of by donation to any charitable, not-for-profit corporation or
destroyed. A record shall be made of the manner of disposition and retained at
the facility for three years.
(3)
If the property does not belong to the offender, the property shall be returned
to the rightful owner if the owner can be determined. If the property was
stolen, it may be used as evidence in a disciplinary hearing or prosecution
before being returned to its rightful owner. If the property was the subject of
a loan or other violation of the property registration requirements or if the
rightful owner of the property cannot be determined, then, at the
superintendent's or designee's discretion, the property may be disposed of by
donation to any charitable, not-for-profit corporation or destroyed, and a
record shall be made of the manner of disposition and retained at the facility
for three years. However, money shall be placed in the offender benefit fund.
(e) The offender shall
be given an opportunity to present any mitigating or extenuating circumstances
that would excuse the possession of the contraband. The final decision shall be
made by the superintendent or designee.
(f) If a finding is made that the item is not
contraband, the item shall be returned to the offender.
This regulation shall be effective on and after April 8, 2005.
