AGO 1989-009.

• Case Date: February 02, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-009. February 2, 1989ATTORNEY GENERAL OPINION NO. 89-9The Honorable Wanda Fuller State Representative Eighty Seventh District State Capitol Room 182 W Topeka, Kansas 66612 Re: Criminal Procedure--Code; Release Procedures--Parole Eligibility; Program Agreement State Departments; Public Officers and Employees--Department of Corrections; Secretary--Program Agreements Between Secretary and Inmate Synopsis: K.S.A. 1988 Supp. 22-3717(e)(2) and 75-5210a, provisions establishing the use of program agreements for inmates placed in the custody of the secretary of corrections, apply only to inmates incarcerated after the effective date of the enactment of which those two statutes are a part. The types of "programs" required are to be determined by the secretary of corrections, consistent with pertinent legislation. Cited herein: K.S.A. 1988 Supp. 22-3717; K.S.A. 75-5210; 75-5210a; K.S.A. 1988 Supp. 75-5211; K.S.A. 75-5267, K.S.A. 1988 Supp. 75-52,117; L. 1988, ch. 3079, § 11. * * * Dear Representative Fuller: You have requested our opinion regarding the 1988 amendments to K.S.A. 22-3717(e) which, together with K.S.A. 1988 Supp. 75-5210a, establish the use of program agreements for inmates in the custody of the secretary of corrections. The statutory provisions in question state:

"(e) Subject to the provisions of this section, the Kansas parole board may release on parole those persons confined in institutions who are eligible for parole when:

. . .

"(2) the secretary of corrections has reported to the board in writing that the inmate has satisfactorily completed the programs required by any agreement entered under K.S.A. 75-5210a, or any revision of such agreement, and the board believes that the inmate is able and willing to fulfill the obligations of a law abiding citizen and is of the opinion that there is reasonable probability that the inmate can be released without detriment to the community or to the inmate."

"(h) . . . If an agreement has been entered under K.S.A. 75-5210a and the secretary of corrections has reported to the board in writing that the inmate has satisfactorily completed the programs required by such agreement or any revision thereof, the board shall not require further program participation." K.S.A. 1988 Supp. 22-3717.

"(a) Within a reasonable time after a

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