Kansas 2025-2026 Regular Session

Kansas House Bill HB2212 Compare Versions

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Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2212
3	3	By Committee on Judiciary
4	4	Requested by Representative Humphries
5	5	2-3
6	6	AN ACT concerning the secretary of corrections; increasing the amount of
7	7	money that the secretary of corrections may reimburse inmates for
8	8	personal injury or property damage or loss caused by negligence;
9	9	requiring notice to the secretary for claims exceeding the
10	10	reimbursement maximum; amending K.S.A. 46-920 and repealing the
11	11	existing section.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 46-920 is hereby amended to read as follows: 46-
14	14	920. (a) The secretary of corrections may reimburse any inmate of any
15	15	correctional institution or other facility under the secretary's jurisdiction
16	16	for any personal injury or personal property damage or loss occurring
17	17	under circumstances which establish, in the secretary's opinion, that such
18	18	loss or damage was caused by the negligence of the state or any agency,
19	19	officer or employee thereof. No reimbursement payment shall be made on
20	20	any claim for an amount of more than $500 $750. An inmate shall provide
21	21	notice to the secretary of the nature, time, date and place for claims
22	22	exceeding $750. Failure to provide such notice shall not prevent a claim
23	23	from being considered by the joint committee on claims against the state.
24	24	Nothing in this section shall prohibit the crediting of any payment made to
25	25	an inmate of a correctional institution or other facility under the secretary's
26	26	jurisdiction to such inmate's account within the institution or facility, as the
27	27	case may be.
28	28	(b) When an inmate owes an outstanding unpaid amount of restitution
29	29	ordered by a court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610, prior
30	30	to their repeal, or K.S.A. 21-6604, 21-6607 or 21-6702, and amendments
31	31	thereto, the secretary of corrections shall withdraw from the inmate's trust
32	32	account as a set-off:
33	33	(1) Money received by the inmate from the state as a settlement of a
34	34	claim against the state through the joint committee on special claims
35	35	against the state which is otherwise specifically approved for payment by
36	36	appropriation act of the legislature, or which is approved through the
37	37	department of corrections internal claims procedure under this section; or
38	38	(2) money received by the inmate from the state as the result of a
39	39	settlement or a final judgment in a civil action in which the state of Kansas
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74	74	35 HB 2212 2
75	75	or an employee of the department of corrections was a named defendant
76	76	and the state was found to be liable.
77	77	(c) When an inmate on post release, parole or conditional release
78	78	supervision owes an outstanding unpaid amount of restitution ordered by a
79	79	court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610, prior to their
80	80	repeal, or K.S.A. 21-6604, 21-6607 or 21-6702, and amendments thereto,
81	81	the state shall setoff the unpaid restitution from:
82	82	(1) Money payable to the inmate from the state as a settlement of a
83	83	claim against the state through the joint committee against the state which
84	84	is specifically approved for payment by appropriation act of the legislature
85	85	or which is approved through the department of corrections under this
86	86	section; or
87	87	(2) money payable to the inmate from the state as a result of a
88	88	settlement or final judgment in a civil action in which the state of Kansas
89	89	or an employee of the department of corrections was a named defendant
90	90	and the state was found to be liable.
91	91	(d) Vouchers certifying the amount to be setoff under subsection (c)
92	92	for the outstanding unpaid restitution and any balance remaining payable
93	93	to the inmate shall be prepared and submitted to the director of accounts
94	94	and reports of the department of administration.
95	95	(e) When more than one state court order of restitution is outstanding
96	96	and unpaid, moneys shall be applied to and paid for the restitution orders
97	97	in accordance with this section in the order in which the final judgment
98	98	orders were entered.
99	99	(f) Moneys collected for payment towards outstanding unpaid
100	100	restitution in accordance with this section shall be forwarded to the
101	101	appropriate clerk of the district court for disbursement.
102	102	Sec. 2. K.S.A. 46-920 is hereby repealed.
103	103	Sec. 3. This act shall take effect and be in force from and after its
104	104	publication in the statute book.
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