Kan. Admin. Regs. § 44-13-201a - Diversion procedure
(a) In any case
involving one or more alleged class I or class II offenses, the charged
inmate's unit team manager may initiate, or a member of the inmate's unit team
in the inmate's assigned housing unit may request, consideration of diversion
of the pending charges from prosecution, in connection with the formation and
implementation of an intervention plan intended to address each behavioral
issue presented in the incident in question. If a request is made by a unit
team member other than the unit team manager, the request shall be submitted in
writing and addressed to the unit team manager, who may decline further action
or who may proceed further with the request. The unit team manager's decision
about the request shall be final and shall not be subject to hearing or appeal
under these regulations or to review pursuant to the inmate grievance procedure
or any other administrative remedial procedure.
(b) The unit team manager may formulate the
intervention plan or may assign the diversion request to the inmate's assigned
correctional counselor for review and recommendation as to the nature and
components of the intervention plan. The unit team manager shall apply for a
continuance of the case pursuant to K.A.R. 44-13-402 if necessary in order to
complete consideration and formulation of the intervention plan.
(c) Upon formulation of the intervention
plan, the unit team manager shall confer with the reporting officer or
supervisor and the inmate. If both parties consent to the diversion, the unit
team manager shall present to the inmate for the inmate's execution a written
request for continuance of the disciplinary case for the length of time
required to carry out the plan, which shall not exceed 180 days, and shall also
present the written intervention plan to the inmate and the reporting officer
or supervisor. This plan shall be in the form of an agreement to be signed by
both parties and the unit team manager. If either party fails to consent, then
the case shall proceed for prosecution. If a continuance has been secured by
the unit team manager, then the unit team manager shall notify the disciplinary
administrator in writing of the failure to agree to diversion.
(d) As a condition of the agreement specified
in subsection (c), the inmate shall waive any right or claim to have the
disciplinary case heard and determined within ordinary time limits. The inmate
shall also agree and acknowledge that the determination as to whether the
inmate has successfully completed the plan is that of the unit team manager,
whose decision in that regard shall not be subject to hearing or appeal under
these regulations or to review under the inmate grievance procedure or any
other administrative remedial procedure.
(e) The request for continuance specified in
subsection (c) shall then be forwarded to the facility disciplinary
administrator, who shall proceed to grant the continuance, duly note the length
of the continuance specified in the request on the case continuance log, and
further note the diversion of prosecution of the charge or charges under the
assigned case number.
(f) If the
inmate fails to successfully complete the intervention plan or receives another
disciplinary report for any class of offense during the term of the plan, the
diversion of the charge or charges from prosecution shall immediately
terminate. Upon receipt of written notification of the termination from the
inmate's unit team manager, the disciplinary administrator shall proceed to
docket the case for hearing, notify the parties, and process the case according
to the ordinary procedures set forth in these regulations.
(g) If the inmate successfully completes the
intervention plan, the reporting officer or supervisor or, in that person's
absence, the unit team manager shall submit a written request for dismissal of
the case to the disciplinary administrator, who shall cause the case to be
shown as dismissed in the records of the administrator's office. The existence
of the case and its charge or charges shall not be part of the inmate's master
file or any other file subject to review by the Kansas parole board or to
disclosure to the public.
Notes
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No prior version found.