Topeka ? Gov. Kathleen Sebelius on Wednesday criticized Atty. Gen. Phill Kline’s recent opinion on abortion and disagreed with his statement that Kansas needs a new prison.

Kline, a Republican, stood by his positions and said he would be glad to meet with Sebelius, a Democrat, to discuss the issues further.

Last month, Kline issued a legal opinion that said doctors who perform abortions must report each pregnancy of a girl younger than 16 to authorities as evidence of possible child abuse.

Critics argue that the combination of Kline’s opinion and other Kansas laws dealing with child abuse will make many professionals, such as teachers, responsible for reporting suspected child abuse and will result in youngsters shunning counseling and treatment for sexually transmitted diseases.

‘Chilling effect’

Sebelius joined that chorus Wednesday.

“We want adults to use good judgment, and the threat of criminal penalties and liability may really deter people from getting appropriate testing, appropriate treatment in an area where that is exactly the wrong outcome,” Sebelius said at a news conference.

“The current attorney general’s opinion, threatening criminalization of medical practitioners, really may have a significant chilling effect on young Kansans seeking appropriate medical treatment,” she said.

Sebelius said she also was concerned that guidance counselors would be afraid to give advice to teens “for fear that they will have to report to police.”

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Sebelius said her office may seek clarification from Kline on what liability different professionals could face. And, she added, Kline’s opinion is not a law and therefore not legally binding.

Kline said it sounded like Sebelius wanted to change the law.

“She is in a position to propose a change, but if she believes that child rape should not be reported, I have a concern with that,” he said. Under Kansas law, sexual intercourse with a 16-year-old is rape.

Kline has said he had no plans to prosecute consensual sex between young teens but wanted to make sure that underage girls who were exploited by adults were prosecuted.

New prison

Sebelius also disagreed with Kline’s statement that Kansas needed a new prison to keep dangerous criminals locked up longer.

Although the Kansas prison system is near its capacity, Sebelius said new sentencing guidelines and the state’s ability to lease prison space in other states obviated the need for a new prison.

Kline said he agreed with leasing more prison space and searching for other alternatives to increase capacity.

But he said he disagreed with a new law signed by Sebelius that is aimed at getting treatment rather than incarceration for people convicted of drug possession.

Many of those offenders should be locked up, he said.

Sebelius also said she was surprised Kline had started a task force to catch parole violators without contacting or coordinating the program with the Kansas Department of Corrections.

She said the Corrections Department already had a “a very aggressive program” to catch what are called absconders.

Kline said he wasn’t going to apologize for starting the task force. He said the task force had already led to the arrests of some absconders who had escaped capture for years. “We found them by using a telephone, a computer and the will,” he said.