Tonge v. Werholtz

The opinion of the court was delivered by

Larson, J.;

The Kansas Department of Corrections (DOC) appeals the district court’s ruling that it does not have authority to collect disciplinary restitution from Joseph Tonge, who was released from incarceration but was returned to custody based on his commission of later offenses.

Tonge was incarcerated under the control of the DOC when he escaped on July 15,1998, from the Ellsworth Correctional Facility while on a work detail in Saline County. The following day, he was charged with a disciplinary violation. He was subsequently apprehended and…