As Amended by Senate Committee
Session of 2025
HOUSE BILL No. 2212
By Committee on Judiciary
Requested by Representative Humphries
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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
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35 HB 2212—Am. by SC 2
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) Vouchers 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.
(f) Moneys 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 Kansas register.
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