I. Summary.

LPA presented findings from audit performed in response

reports of inappropriate sexual relationships among inmate-offenders and prison
staff of the opposite sex in the Lansing, El Dorado and Topeka Correctional
facilities. The inappropriate relationships led to the escape of male offenders
from both the Lansing and El Dorado facilities; and an inappropriate relationship
at Topeka led to a female inmate-offender being impregnated by a male guard,
leading to a termination of the pregnancy via an abortion procedure.

KDOC Secretary appeared before the Committee, responded to the report, correcting
what he believed to be a misinterpretation of the record, and offered explanation
on corrective measures take in the wake of, specifically, the Topeka incident.

Secretary Werholtz offered his objections and reasoning to LPA about the report
prior to the publication of the report, pursuant to LPA protocol. The report
remained unchanged despite Secretary Werholtz’s objections.

An abstract of the LPA report is available at: http://bit.ly/daSJ1B. The full LPA
Report is available at: http://bit.ly/aGa6gl. The Topeka Capital-Journal follow
up story with Committee information is available here: http://bit.ly/cWUVyu.

II. Bill Introductions. Chairman Sen. Bruce, before considering bill

introduction, first asked if the Legislature Post Audit (LPA) Committee could
introduce bills. Because the Chair was unsure if the LPA Committee had the
authority to introduce bills, possible bill introductions were delayed until later
in the meeting. Research staff did subsequently affirm that the LPA Committee
possessed the authority to introduce bills, but no specific rule of either chamber
was cited in the decision.

III. Legislative Post Audit Report.

A. Ms. Lynn Retz, Legislative Post Audit. Ms. Retz presented the findings of
a Legislative Post Audit (LPA) examination of correctional facilities under the
oversight of the Department of Corrections (KDOC). Retz was the auditor assigned
to the matter.

The review focused on three specific incidences at El Dorado Correctional Facility

(EDCF), Lansing Correctional Facility (LCF) and Topeka Correctional Facility
(TCF).

The instance at EDCF focused on an inappropriate relationship between a female

corrections officer and male inmate-offender and the subsequent assistance by the
female corrections officer in the escape of two male inmate-offenders, at least
one of which she was having a sexual relationship. The instance at LCF involved a
female dog trainer at the prison and, again, an inappropriate relationship leading
to the female dog trainer participating in the escape of the male inmate-offender.
The instance at TCF, an all female facility, related to several instances of undue
familiarity, inappropriate sexual relationships and a single, specific instance
of a corrections guard impregnating a female inmate-offender, which subsequently
led to KDOC assisting in the termination of that pregnancy by abortion. These
three cases had red flags that facility officials should have recognized and acted
upon, which could have prevented each of those incidents.

At both LCF and EDCF, staff failed to follow policies and procedures in place at
the time of those incidents. However, the facilities and the Department of
Corrections have taken steps to reduce the likelihood such incidents will happen
in the future.

At TCF, a variety of reasons made conditions ripe for staff sexual misconduct in
this situation, including a lack of controls over staff and inmate whereabouts.
Data show 197 investigations of facility staff for allegations of sexual
misconduct, undue familiarity and trafficking in contraband at these three
facilities over five years. When LPA compared the three facilities' investigations
into these areas, they found:

· Topeka had significantly more investigations per 100 employees than the
other two facilities;

· Topeka had 58% of its investigations centered on sexual misconduct

compared with 9% and 16% at El Dorado and Lansing respectively; and

· Topeka officials only substantiated about 28% of the investigations,

compared with 78% and 76% at the other two facilities.

For those cases that were substantiated, the punishment imposed for Topeka cases
appeared to be more inconsistent and lenient, especially for undue familiarity.
Additional areas of concern include the fact that statutory penalties in Kansas
for staff sexual misconduct aren't as severe as in other states and are even less
severe than those for staff trafficking in contraband. Further, LPA found the
Department lacks sufficient management information to ensure that officials are
aware of the level of staff misconduct.

LPA recommended amending certain statutes in order to strengthen penalties against

prison staff found to be violating prison rules and laws against undue
familiarity, trafficking of contraband, and inappropriate sexual relationships.
The specific amendments included: (i) requiring individuals convicted under 21-
3520 (“Sex offenses” by corrections employees) to register as a sex offender; (ii)
toughening the penalty for sexual misconduct under 21-3520 to include jail time
rather than just presumption probation; (iii) bringing the penalty for sexual
misconduct more in-line with the penalty for staff trafficking in contraband; and
(iv) provide proper consideration and allow a tougher sentence when staff
trafficking in contraband could put lives in direct jeopardy, such as staff
trafficking of guns, ammunitions or other weapons.

B. Sec’y Roger Werholtz, Kansas Department of Corrections. Secretary

Werholtz responded both in general and in specific about the LPA report.
Secretary Werholtz offered alternative interpretations of the facts of the
incidences occurring at EDCF, LCF and TCF. Secretary Werholtz also provided these
interpretations to LPA prior to the publication of the LPA audit; however, the LPA
decided against amending the report to reflect Secretary Werholtz’s alternative
interpretations, instead choosing to include his response as an addendum to the
report.

In regard to the apparent differences in disciplinary treatment of correctional

employees at TCF versus the treatment of correctional employees at other
facilities, Secretary Werholtz noted that the there was some concern among the
executive and managerial level officials at KDOC that certain disciplinary actions
would not survive civil service board (CSB) review and that, often, disciplinary
actions were reversed at the Topeka facility. Werholtz testified that punishment
was often determined not by what was “just,” but instead by the determination of
“what the CSB will sustain.”

IV. Bill Introductions. Committee moved to introduce legislation amending

criminal statutes relating to inappropriate sexual conduct by KDOC employees with
inmate-offenders, strengthening penalties and registration requirements if
convicted. Sen. Bruce instructed the bills to be introduced in the Senate as
chamber of origin.

V. Adjournment. Adjourned at 1:16p.