Inmate debt and fees policies/reports (State-level) (Department of Corrections)
| Submitted | April 28, 2016 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the Kansas Open Records Act (K.S.A. 45-215), I hereby request the following records:
The following materials regarding the assessment, collection, and balances of inmate fees and debt:
• All policies and procedures regarding the goods, services, or any other expenses for which inmates are or may become liable. Please include all policies on the garnishment/disbursement of funds from inmate accounts and wages (such as those related to mandatory saving, mandatory deductions, coverage of care, personal necessities, etc.), as well as all relevant reporting requirements. Please include all relevant data as regards to medical payments, room and board costs, meal fees, stamps and postage, hygienic materials, and any other expenses for which inmates are or may become liable, etc.
• All reports, databases, spreadsheets, or equivalent materials regarding current debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction. Please include all available segregable information (excluding individual personally-identifying elements, as necessary and appropriate), including but not limited to the reason for the debt/fee, the amount of the debt, the facility at which the debt was incurred, whether the debt is held by an inmate in custody or released, any available individual data regarding record of prior release, etc.
If further clarification is necessary, a phone call will happily be arranged.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
From: Adam Pfannenstiel
This e-mail is to confirm receipt of your Kansas Open Records Request in compliance with K.S.A. 45-215. Your request is currently being processed at this time with more information to be provided no later than Friday, May 6th.
Thank you,
Adam Pfannenstiel
Special Assistant/Communications Director
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 28, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Adam Pfannenstiel
My apologies for the lack of follow up on this. I will look to provide a timeline soon as to when further information can be expected.
Thank you,
Adam Pfannenstiel
Special Assistant/Communications Director
From: Adam Pfannenstiel
Please find links to relevant policies that relate to your request. For information related to the following request - Please include all relevant data as regards to medical payments, room and board costs, meal fees, stamps and postage, hygienic materials, and any other expenses for which inmates are or may become liable, etc. Could you describe what relevant data is so I can better fulfill your request?
The information request in the second bullet point is being researched. I will provide further information on that request, no later than May 20th. When a response is obtained on your relevant data inquiry, I will look to provide a timeline for production of information.
The following link will take you Chapter 4 http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-4 of the KDOC Internal Policy and Procedures (IMPP), regarding Fiscal Services.
IMPP 04-103D – Inmate Trust Fund http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-4/04-103d/view
IMPP 04-106A - Offender Fees http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-4/04-106a/view
IMPP 04-109A - Earnings Disbursement for Offenders Engaged in Work Release Employment http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-4/04-109a/view
IMPP 04-110A - Processing Offender Garnishments http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-4/04-110a/view
IMPP 04-111A - Processing of Offender Income Withholding http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-4/04-111a/view
IMPP 12-124A - Offender Drug Abuse and Intoxicants Testing http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-12/12-124d/view
K.S.A. 2015 Supp. 22-3717 - Parole or postrelease supervision; eligibility; interviews, notices and hearings; rules and regulations; conditions of parole or postrelease supervision. http://www.kslegislature.org/li/b2015_16/statute/022_000_0000_chapter/022_037_0000_article/022_037_0017_section/022_037_0017_k/
K.S.A. 2015 Supp. 75-5210 - Treatment of inmates; records; security status, incentives and presumption for certain offenders; health standards; furloughs; disciplinary rules and regulations; work and educational release; correctional work facilities; construction and repair of state buildings; contracts http://www.kslegislature.org/li/b2015_16/statute/075_000_0000_chapter/075_052_0000_article/075_052_0010_section/075_052_0010_k/
K.S.A. 2015 Supp. 75-5211 - Inmate employment and training; withdrawals from pay; assistance upon release http://www.kslegislature.org/li/b2015_16/statute/075_000_0000_chapter/075_052_0000_article/075_052_0011_section/075_052_0011_k/
K.S.A. 2015 Supp. 75-5268 - Work release and job training programs. http://www.kslegislature.org/li/b2015_16/statute/075_000_0000_chapter/075_052_0000_article/075_052_0068_section/075_052_0068_k/
K.S.A. 2015 Supp. 75-52,139 Secretary adopts rules and regulations for offenders to pay fees; expenditures; department of corrections victim assistance fund. http://www.kslegislature.org/li/b2015_16/statute/075_000_0000_chapter/075_052_0000_article/075_052_0139_section/075_052_0139_k/
K.A.R. 44-5-115 Inmate Management – Service Fees http://www.sos.ks.gov/pubs/kar/2015/044_44-Department%20of%20Corrections,%202015%20KAR%20Supp.pdf
K.A.R. 44-12-1301 to 1307 CLASSIFICATION OF OFFENSES AND PENALTIES http://www.sos.ks.gov/pubs/kar/2009/3%20044_44-Department%20of%20Corrections,%202009%20KAR%20Vol%203.pdf
K.A.R. 44-13-610 Collection of fines http://www.sos.ks.gov/pubs/kar/2009/3%20044_44-Department%20of%20Corrections,%202009%20KAR%20Vol%203.pdf
K.A.R. 44-13-701 Appeals- Administrative Review http://www.sos.ks.gov/pubs/kar/2009/3%20044_44-Department%20of%20Corrections,%202009%20KAR%20Vol%203.pdf
K.A.R. 44-13-704 Appeals - Secretary of corrections’ final review on appeal http://www.sos.ks.gov/pubs/kar/2009/3%20044_44-Department%20of%20Corrections,%202009%20KAR%20Vol%203.pdf
The following policies are applicable to offenders who are in the community and may return to prison in connections with parole revocation and/or the commission of a new crime:
IMPP 14-107A - Offender Fees Payment Procedures http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-14/14-107a/view
IMPP 14-126A - Offender Financial Obligations http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-14/14-126a/view
IMPP 14-136A - Payment of Transportation Costs as a Condition of Release http://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-14/14-136a/view
Please let me know if you have any questions.
Thank you,
Adam Pfannenstiel
Special Assistant/Communications Director
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From: Adam Pfannenstiel
Good afternoon,
In talking with some of our folks who would be pulling some of the additional data, I was hoping you could clarify some information.
When asking for reports, databases, etc. for debt paid or owed, what time frame are you looking for? The larger the time frame, the more work would go into it. Could you be specific to the dates you are inquiring about?
Segregable information? Is that just asking us to segregate the data out by category, as in post-release supervision, incarceration, etc.? Or are you looking for something different than this?
Additionally, there are different types of debt that inmates/offenders are due to pay, however not all of it is owed to the KDOC. We can only report on things directly related to the DOC.
Due to size of this material, it would be impossible for us to send over e-mail. CD or DVD would probably be the preferred method of distribution.
If you could provide clarification to the matters above, we would be happy to provide a cost estimate of the work done.
Thank you,
Adam Pfannenstiel
Special Assistant/Communications Director
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From: Beryl Lipton
Hello Mr. Pfannenstiel,
Thanks so much for your help. Let's look at reports from 2015 through today. I'd be interested in "segregable" data by category of debtor, facility, and category of debt or other parameters by which you do or can segregate the data; I don't mean for you to segregate in ways new to the Department. However, I would be interested in any data regarding the amount owed to the DOC versus the amount owed elsewhere.
Please let me know if you have other questions!
Best,
Beryl
From: Adam Pfannenstiel
Thank for your response. This message is to confirm receipt of your request. I will staff with those who would be involved to provide further estimates on time and cost.
Adam Pfannenstiel
Special Assistant/Communications Director
From: Adam Pfannenstiel
Good morning,
Attached you will find a document already produced by KDOC regarding money owed to the Department of Corrections. This does not fit your time period, however a new report will be coming out shortly. Would the attached example be sufficient to your request? If so, I can give you a time table on the next fiscal year’s documents, including money owed which would be provided to in a similar manner as this one.
Thank you,
Adam Pfannenstiel
Special Assistant/Communications Director
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~WRD000
From: Beryl Lipton
Hello Mr. Pfannenstiel,
Thank you so much for your help with this request. For now, materials in this format work well. Could you please let me know when the next materials will be available?
Thanks again!
Beryl
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