Kan. Admin. Regs. § 44-12-1306 - Use of restitution
(a) When
restitution is used in the disciplinary process, the following requirements and
limitations shall apply:
(1) The amount of
and manner of payment of restitution imposed may be appealed in the same manner
and to the same extent as those for any other appeal of sentence in the
disciplinary process.
(2) The
appropriateness and amount of restitution ordered shall be determined by
consideration of the factors set forth in K.A.R. 44-12-1307.
(3) No inmate shall be required to continue
payment on any restitution imposed under these regulations while released from
incarceration. Upon any subsequent readmission of the inmate to a facility, any
restitution owed may be collected. No portion of the inmate's gate money
gratuity as authorized by
K.S.A.
75-5211, and amendments thereto, shall be
used toward the payment of this restitution.
(4) Restitution shall continue to be paid out
of money earned by the inmate in the work release program, the private
nonprison employment program, or any other gainful employment industries
program. Restitution payment shall be limited to a reasonable amount and, if
appropriate, shall be made in installments.
(5) The inmate shall be given notice in the
disciplinary report or, if necessary, in an amended disciplinary report served
upon the inmate no later than 24 hours before the hearing of the amount and
basis for seeking restitution. The inmate shall be given an opportunity at the
sentencing phase of the hearing to present evidence regarding the appropriate
amount of restitution. The hearing officer shall limit the evidence to a
reasonable amount and extent that is appropriate to the nature of the
administrative hearing, the level of the offense, and the extent of possible
impact on the inmate's resources.
(b) If restitution is to be made to an
entity, whether or not the entity is a governmental agency or unit, then the
money satisfying the order of restitution shall be delivered to that entity. If
restitution is paid to an inmate, the money shall be transferred by the clerk
from the account of the inmate payer to the account of the inmate payee after
the conclusion of the entire disciplinary process, including any appeal. If
restitution is paid to any other person, the hearing officer shall determine
how payment is to be made, and the warden or designee shall review the payment
arrangements for approval, conferring with the facility business manager if
appropriate.
Notes
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