46-920. Claims against the state; payment by secretary of corrections of certain personal injuries and personal property losses of inmates authorized; limitation; setoff of moneys received by inmates
46-920
46-920. Claims against the state; payment by secretary of correctionsof certain personal injuries and personal property losses of inmatesauthorized; limitation; setoff of moneys received by inmates for court orderedrestitution.(a) The secretary of corrections may reimburse any inmateof any correctional institution orother facility underthe secretary's jurisdiction for any personal injury or personal propertydamage or loss occurring under circumstances which establish, in thesecretary's opinion, that such loss or damage was caused by thenegligence of the state or any agency, officer or employee thereof. Noreimbursementpayment shall be made onany claim for an amountof more than $500.Nothing in this section shall prohibit the crediting of anypayment made to an inmate of a correctional institution or other facilityunder the secretary's jurisdictionto such inmate's account within the institution or facility, as the case maybe.
(b) When an inmate owes an outstanding unpaid amount of restitutionorderedby a court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610, and amendmentsthereto, the secretary of corrections shall withdraw from the inmate's trustaccount as a set-off:
(1) Money received by the inmate from the state as a settlement of a claimagainst the state through the joint committee on special claims against thestate which is otherwise specifically approved for payment by appropriation actof the legislature, or which is approved through the department of correctionsinternal claimsprocedure under this section; or
(2) money received by the inmate from the state as the result of asettlement or a finaljudgment in a civil action in which the state of Kansas or an employee of thedepartment of corrections was a named defendant and the state was found to beliable.
(c) When an inmate on post release, parole or conditional releasesupervision owes an outstanding unpaid amount of restitution ordered by a courtpursuant to K.S.A. 21-4603, 21-4603d or 21-4610 and amendments thereto, thestate shall setoff the unpaid restitution from:
(1) Money payable to the inmate from the state as a settlement of a claimagainst the state through the joint committee against the state which isspecifically approved for payment by appropriation act of the legislature orwhich 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 settlementor final judgment in a civil action in which the state of Kansas or an employeeof the department of corrections was a named defendant and the state was foundto be liable.
(d) Vouchers certifying the amount to be setoff under subsection (c) for theoutstanding unpaid restitution and any balance remaining payable to the inmateshall be prepared and submitted to the director of accounts and reports of thedepartment of administration.
(e) When more than one state court order of restitution is outstanding andunpaid, moneys shall be applied to and paid for the restitution orders inaccordance with this section in the order in which the final judgment orderswere entered.
(f) Moneys collected for payment towards outstanding unpaid restitution inaccordance with this section shall be forwarded to the appropriate clerk of thedistrict court for disbursement.
History: L. 1980, ch. 254, § 1; L. 1982, ch. 220, § 1;L. 1988, ch. 183, § 1;L. 1996, ch. 108, § 1; July 1.