----------------------------------------------------------------------------


AN ACT concerning crimes, punishment and criminal procedure; relating
  to the sentence of death; amending K.S.A. 21-4631, 21-4634, 21-4635
  and 22-3705 and K.S.A. 1996 Supp. 21-3105, 21-4706 and 22-3717
  and repealing the existing sections; also repealing K.S.A. 21-3439, 21-
  4622, 21-4623, 21-4624, 21-4625, 21-4626, 21-4627, 21-4629, 22-3704,
  22-4001, 22-4002, 22-4003, 22-4004, 22-4005, 22-4006, 22-4009, 22-
  4011, 22-4012, 22-4013, 22-4014 and 22-4015.
Be it enacted by the Legislature of the State of Kansas:
  New Sec. 1.  (a) For any person who is being charged with capital
murder, as defined in K.S.A. 21-3439, as it existed prior to its repeal, such
charge shall be amended to reflect the repeal of the capital murder statute
and charged as otherwise provided by law.
  (b)  For any person who has been convicted of capital murder, as
defined in K.S.A. 21-3439, as it existed prior to its repeal, and a sentence
of death is imposed, such person shall have the sentence modified and
be resentenced by the sentencing court pursuant to K.S.A. 21-4638, and
amendments thereto.
  (c)  For any person whom the provisions of capital murder, as defined
in K.S.A. 21-3439, as it existed prior to its repeal, would apply, but was
sentenced after July 1, 1997, the sentencing court shall impose a sentence
pursuant to K.S.A. 21-4638, and amendments thereto.
  Sec. 2.  K.S.A. 1996 Supp. 21-3105 is hereby amended to read as
follows: 21-3105. A crime is an act or omission defined by law and for
which, upon conviction, a sentence of death, imprisonment or fine, or
both imprisonment and fine, is authorized or, in the case of a traffic
infraction, a fine is authorized. Crimes are classified as felonies, misde-
meanors and traffic infractions.
  (1)  A felony is a crime punishable by death or by imprisonment in
any state correctional institution or a crime which is defined as a felony
by law.
  (2)  A traffic infraction is a violation of any of the statutory provisions
listed in subsection (c) of K.S.A. 8-2118 and amendments thereto.
  (3)  A cigarette or tobacco infraction is a violation of subsection (m)
or (n) of K.S.A. 79-3321 and amendments thereto.
  (4)  All other crimes are misdemeanors.
  Sec. 3.  K.S.A. 21-4631 is hereby amended to read as follows: 21-
4631. (a) K.S.A. 21-4622 through 21-4630, and amendments thereto, shall
be supplemental to and a part of the Kansas criminal code.
  (b)  The provisions of K.S.A. 21-4622 through 21-4630, as they existed
immediately prior to July 1, 1994, shall be applicable only to persons
convicted of crimes committed on or after July 1, 1990, and before July
1, 1994.
  (c)  The provisions of K.S.A. 21-4622 through 21-4627 and 21-4629
and 21-4630, as amended by this act, shall be applicable only to persons
convicted of crimes committed on or after July 1, 1994.
  Sec. 4.  K.S.A. 21-4634 is hereby amended to read as follows: 21-
4634. (a) If a defendant is convicted of the crime of capital murder and
a sentence of death is not imposed, or if a defendant is convicted of the
crime of murder in the first degree based upon the finding of premedi-
tated murder, the defendant's counsel or the director of the correctional
institution or sheriff having custody of the defendant may request a de-
termination by the court of whether the defendant is mentally retarded.
If the court determines that there is not sufficient reason to believe that
the defendant is mentally retarded, the court shall so find and the defen-
dant shall be sentenced in accordance with K.S.A. 21-4635 through 21-
4638, and amendments thereto. If the court determines that there is suf-
ficient reason to believe that the defendant is mentally retarded, the court
shall conduct a hearing to determine whether the defendant is mentally
retarded.
  (b)  At the hearing, the court shall determine whether the defendant
is mentally retarded. The court shall order a psychiatric or psychological
examination of the defendant. For that purpose, the court shall appoint
two licensed physicians or licensed psychologists, or one of each, qualified
by training and practice to make such examination, to examine the de-
fendant and report their findings in writing to the judge within 10 days
after the order of examination is issued. The defendant shall have the
right to present evidence and cross-examine any witnesses at the hearing.
No statement made by the defendant in the course of any examination
provided for by this section, whether or not the defendant consents to
the examination, shall be admitted in evidence against the defendant in
any criminal proceeding.
  (c)  If, at the conclusion of a hearing pursuant to this section, the court
determines that the defendant is not mentally retarded, the defendant
shall be sentenced in accordance with K.S.A. 21-4635 through 21-4638,
and amendments thereto.
  (d)  If, at the conclusion of a hearing pursuant to this section, the court
determines that the defendant is mentally retarded, the court shall sen-
tence the defendant as otherwise provided by law, and no mandatory term
of imprisonment shall be imposed hereunder.
  (e)  Unless otherwise ordered by the court for good cause shown, the
provisions of this section shall not apply if it has been determined, pur-
suant to K.S.A. 21-4623 and amendments thereto, that the defendant is
not mentally retarded.
  (f)  As used in this section, ``mentally retarded'' means having signif-
icantly subaverage general intellectual functioning, as defined by K.S.A.
76-12b01 and amendments thereto, to an extent which substantially im-
pairs one's capacity to appreciate the criminality of one's conduct or to
conform one's conduct to the requirements of law.
  Sec. 5.  K.S.A. 21-4635 is hereby amended to read as follows: 21-
4635. (a) Except as provided in K.S.A. 21-4634, and amendments thereto,
if a defendant is convicted of the crime of capital murder and a sentence
of death is not imposed, or if a defendant is convicted of murder in the
first degree based upon the finding of premeditated murder, the court
shall determine whether the defendant shall be required to serve a man-
datory term of imprisonment of 40 years or sentenced as otherwise pro-
vided by law.
  (b)  In order to make such determination, the court may be presented
evidence concerning any matter that the court deems relevant to the
question of sentence and shall include matters relating to any of the ag-
gravating circumstances enumerated in K.S.A. 21-4636, and amendments
thereto, and any mitigating circumstances. Any such evidence which the
court deems to have probative value may be received regardless of its
admissibility under the rules of evidence, provided that the defendant is
accorded a fair opportunity to rebut any hearsay statements. Only such
evidence of aggravating circumstances as the state has made known to
the defendant prior to the sentencing shall be admissible and no evidence
secured in violation of the constitution of the United States or of the state
of Kansas shall be admissible. No testimony by the defendant at the time
of sentencing shall be admissible against the defendant at any subsequent
criminal proceeding. At the conclusion of the evidentiary presentation,
the court shall allow the parties a reasonable period of time in which to
present oral argument.
  (c)  If the court finds that one or more of the aggravating circum-
stances enumerated in K.S.A. 21-4636 and amendments thereto exist and,
further, that the existence of such aggravating circumstances is not out-
weighed by any mitigating circumstances which are found to exist, the
defendant shall be sentenced pursuant to K.S.A. 21-4738 and amend-
ments thereto; otherwise, the defendant shall be sentenced as provided
by law. The court shall designate, in writing, the statutory aggravating
circumstances which it found. The court may make the findings required
by this subsection for the purpose of determining whether to sentence a
defendant pursuant to K.S.A. 21-4738 notwithstanding contrary findings
made by the jury or court pursuant to subsection (e) of K.S.A. 21-4624
and amendments thereto for the purpose of determining whether to sen-
tence such defendant to death.
  Sec. 6.  K.S.A. 1996 Supp. 21-4706 is hereby amended to read as
follows: 21-4706. (a) For crimes committed on or after July 1, 1993, the
sentences of imprisonment shall represent the time a person shall actually
serve, subject to a reduction of up to 15% of the primary sentence for
good time as authorized by law.
  (b)  The sentencing court shall pronounce sentence in all felony cases.
  (c)  Violations of K.S.A. 21-3401, subsection (a) of K.S.A. 21-3402, 21-
3439 and 21-3801 and amendments thereto are off-grid crimes for the
purpose of sentencing. Except as otherwise provided by K.S.A. 21-4622
through 21-4627, and 21-4629 through 21-4631, and amendments
thereto, The sentence shall be imprisonment for life.
  Sec. 7.  K.S.A. 22-3705 is hereby amended to read as follows: 22-
3705. The governor may, when he deems it deemed proper or advisable,
may commute a sentence in any criminal case by reducing the penalty as
follows:
  (a)  If the sentence is death, to imprisonment for life or for any term
not less than ten years;
  (b)  If the sentence is to imprisonment, by reducing the duration of
such imprisonment;
  (c) (b)  If the sentence is a fine, by reducing the amount thereof;
  (d) (c)  If the sentence is both imprisonment and fine, by reducing
either or both.
  Sec. 8.  K.S.A. 1996 Supp. 22-3717 is hereby amended to read as
follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
4638 and amendments thereto, an inmate, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court,
less good time credits.
  (b) (1)  Except as provided by K.S.A. 21-4635 through 21-4638 and
amendments thereto, an inmate sentenced to imprisonment for the crime
of capital murder, or an inmate sentenced for the crime of murder in the
first degree based upon a finding of premeditated murder, committed on
or after July 1, 1994, shall be eligible for parole after serving 25 years of
confinement, without deduction of any good time credits.
  (2)  Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
and amendments thereto, an inmate sentenced to imprisonment for an
off-grid offense committed on or after July 1, 1993, shall be eligible for
parole after serving 15 years of confinement, without deduction of any
good time credits.
  (3)  Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
repeal, an inmate sentenced for a class A felony committed before July
1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
amendments thereto, shall be eligible for parole after serving 15 years of
confinement, without deduction of any good time credits.
  (4)  An inmate sentenced to imprisonment for a violation of subsec-
tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
July 1, 1996, shall be eligible for parole after serving 10 years of confine-
ment without deduction of any good time credits.
  (c)  Except as provided in subsection (e), if an inmate is sentenced to
imprisonment for more than one crime and the sentences run consecu-
tively, the inmate shall be eligible for parole after serving the total of:
  (1)  The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608 and amendments thereto, less good time credits for those
crimes which are not class A felonies; and
  (2)  an additional 15 years, without deduction of good time credits,
for each crime which is a class A felony.
  (d) (1)  Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, will not be eligible for parole, but will
be released to a mandatory period of postrelease supervision upon com-
pletion of the prison portion of their sentence as follows:
  (A)  Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 1 through 6 crimes and drug severity
levels 1 through 3 crimes must serve 36 months, plus the amount of good
time earned and retained pursuant to K.S.A. 21-4722 and amendments
thereto, on postrelease supervision.
  (B)  Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 7 through 10 crimes and drug severity
level 4 crimes must serve 24 months, plus the amount of good time earned
and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
postrelease supervision.
  (C) (i)  The sentencing judge shall impose the postrelease supervision
period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
finds substantial and compelling reasons to impose a departure based
upon a finding that the current crime of conviction was sexually violent
or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
  (ii)  If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure. De-
partures in this section are subject to appeal pursuant to K.S.A. 21-4721
and amendments thereto.
  (iii)  In determining whether substantial and compelling reasons exist,
the court shall consider:
  (a)  Written briefs or oral arguments submitted by either the defen-
dant or the state;
  (b)  any evidence received during the proceeding;
  (c)  the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to subsection
  (e) of K.S.A. 21-4714 and amendments thereto; and
  (d)  any other evidence the court finds trustworthy and reliable.
  (iv)  The sentencing judge may order that a psychological evaluation
be prepared and the recommended programming be completed by the
offender. The department of corrections or the parole board shall ensure
that court ordered sex offender treatment be carried out.
  (v)  In carrying out the provisions of subparagraph (d)(1)(C), the court
shall refer to K.S.A. 21-4718 and amendments thereto.
  (vi)  Upon petition, the parole board may provide for early discharge
from the postrelease supervision period upon completion of court or-
dered programs and completion of the presumptive postrelease super-
vision period, as determined by the crime of conviction, pursuant to sub-
paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
is at the discretion of the parole board.
  (vii)  Persons convicted of crimes deemed sexually violent or sexually
motivated, shall be registered according to the habitual sex offender reg-
istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
  (D)  The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months based on the offender's
compliance with conditions of supervision and overall performance while
on postrelease supervision. The reduction in the supervision period shall
be on an earned basis pursuant to rules and regulations adopted by the
secretary of corrections.
  (E)  In cases where sentences for crimes from more than one severity
level have been imposed, the highest severity level offense will dictate
the period of postrelease supervision. Supervision periods will not aggre-
gate.
  (2)  As used in this section, ``sexually violent crime'' means:
  (A)  Rape, K.S.A. 21-3502, and amendments thereto;
  (B)  indecent liberties with a child, K.S.A. 21-3503, and amendments
thereto;
  (C)  aggravated indecent liberties with a child, K.S.A. 21-3504, and
amendments thereto;
  (D)  criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
and amendments thereto;
  (E)  aggravated criminal sodomy, K.S.A. 21-3506, and amendments
thereto;
  (F)  indecent solicitation of a child, K.S.A. 21-3510, and amendments
thereto;
  (G)  aggravated indecent solicitation of a child, K.S.A. 21-3511, and
amendments thereto;
  (H)  sexual exploitation of a child, K.S.A. 21-3516, and amendments
thereto;
  (I)  aggravated sexual battery, K.S.A. 21-3518, and amendments
thereto;
  (J)  any conviction for a felony offense in effect at any time prior to
the effective date of this act, that is comparable to a sexually violent crime
as defined in subparagraphs (A) through (I), or any federal or other state
conviction for a felony offense that under the laws of this state would be
a sexually violent crime as defined in this section;
  (K)  an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
violent crime as defined in this section; or
  (L)  any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ``sexually motivated'' means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant's sexual gratification.
  (e)  If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the Kansas parole board
may postpone the inmate's parole eligibility date by assessing a penalty
not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.
  (f)  If a person is sentenced to prison for a crime committed on or
after July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, the new sentence shall not be aggregated
with the old sentence, but shall begin when the person is paroled or
reaches the conditional release date on the old sentence. If the offender
was past the offender's conditional release date at the time the new of-
fense was committed, the new sentence shall not be aggregated with the
old sentence but shall begin when the person is ordered released by the
Kansas parole board or reaches the maximum sentence expiration date
on the old sentence, whichever is earlier. The new sentence shall then
be served as otherwise provided by law. The period of postrelease su-
pervision shall be based on the new sentence, except that those offenders
whose old sentence is a term of imprisonment for life, imposed pursuant
to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
sentence with a maximum term of life imprisonment, for which there is
no conditional release or maximum sentence expiration date, shall remain
on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.
  (g)  Subject to the provisions of this section, the Kansas parole board
may release on parole those persons confined in institutions who are el-
igible for parole when: (1) The board believes that the inmate should be
released for hospitalization, for deportation or to answer the warrant or
other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the com-
munity or to the inmate; or (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 and
amendments thereto, 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 proba-
bility that the inmate can be released without detriment to the community
or to the inmate. Parole shall not be granted as an award of clemency and
shall not be considered a reduction of sentence or a pardon.
  (h)  The Kansas parole board shall hold a parole hearing during the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least the month preceding the parole hear-
ing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or,
if the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone
a parole hearing. In the case of any inmate convicted of a class A felony
the secretary of corrections shall give written notice of the time and place
of the public comment session for such inmate at least one month pre-
ceding the public comment session to any victim of such inmate's crime
or the victim's family pursuant to K.S.A. 74-7338 and amendments
thereto. If notification is not given to such victim or such victim's family
in the case of any inmate convicted of a class A felony, the board shall
postpone a decision on parole of the inmate to a time at least 30 days
after notification is given as provided in this section. Nothing in this sec-
tion shall create a cause of action against the state or an employee of the
state acting within the scope of the employee's employment as a result
of the failure to notify pursuant to this section. If granted parole, the
inmate may be released on parole on the date specified by the board, but
not earlier than the date the inmate is eligible for parole under subsec-
tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
at such intervals thereafter as it determines appropriate, the Kansas parole
board shall consider: (1) Whether the inmate has satisfactorily completed
the programs required by any agreement entered under K.S.A. 75-5210a
and amendments thereto, or any revision of such agreement; and (2) all
pertinent information regarding such inmate, including, but not limited
to, the circumstances of the offense of the inmate; the presentence report;
the previous social history and criminal record of the inmate; the conduct,
employment, and attitude of the inmate in prison; the reports of such
physical and mental examinations as have been made; comments of the
victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.
  (i)  In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the parole board will review the inmates proposed
release plan. The board may schedule a hearing if they desire. The board
may impose any condition they deem necessary to insure public safety,
aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and
amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain
in the legal custody of the secretary of corrections and is subject to the
orders of the secretary.
  (j)  Within a reasonable time after an inmate is committed to the cus-
tody of the secretary of corrections, a member of the Kansas parole board,
or a designee of the board, shall hold an initial informational hearing with
such inmate and other inmates.
  (k)  Before ordering the parole of any inmate, the Kansas parole board
shall have the inmate appear before it and shall interview the inmate
unless impractical because of the inmate's physical or mental condition
or absence from the institution. Every inmate while on parole shall remain
in the legal custody of the secretary of corrections and is subject to the
orders of the secretary. Whenever the Kansas parole board formally con-
siders placing an inmate on parole and no agreement has been entered
into with the inmate under K.S.A. 75-5210a and amendments thereto,
the board shall notify the inmate in writing of the reasons for not granting
parole. If an agreement has been entered under K.S.A. 75-5210a and
amendments thereto and the inmate has not satisfactorily completed the
programs specified in the agreement, or any revision of such agreement,
the board shall notify the inmate in writing of the specific programs the
inmate must satisfactorily complete before parole will be granted. If pa-
role is not granted only because of a failure to satisfactorily complete such
programs, the board shall grant parole upon the secretary's certification
that the inmate has successfully completed such programs. If an agree-
ment has been entered under K.S.A. 75-5210a and amendments thereto
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. However, if the board determines that other per-
tinent information regarding the inmate warrants the inmate's not being
released on parole, the board shall state in writing the reasons for not
granting the parole. If parole is denied for an inmate sentenced for a
crime other than a class A or class B felony or an off-grid felony, the
board shall hold another parole hearing for the inmate not later than one
year after the denial unless the parole board finds that it is not reasonable
to expect that parole would be granted at a hearing if held in the next
three years or during the interim period of a deferral. In such case, the
parole board may defer subsequent parole hearings for up to three years
but any such deferral by the board shall require the board to state the
basis for its findings.  If parole is denied for an inmate sentenced for a
class A or class B felony or an off-grid felony, the board shall hold another
parole hearing for the inmate not later than three years after the denial
unless the parole board finds that it is not reasonable to expect that parole
would be granted at a hearing if held in the next 10 years or during the
interim period of a deferral. In such case, the parole board may defer
subsequent parole hearings for up to 10 years but any such deferral shall
require the board to state the basis for its findings.
  (l)  Parolees and persons on postrelease supervision shall be assigned,
upon release, to the appropriate level of supervision pursuant to the cri-
teria established by the secretary of corrections.
  (m)  The Kansas parole board shall adopt rules and regulations in
accordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
consistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution and other conditions to be im-
posed upon parolees or releasees. Whenever an order for parole or post-
release supervision is issued it shall recite the conditions thereof.
  (n)  Whenever the Kansas parole board orders the parole of an inmate
or establishes conditions for an inmate placed on postrelease supervision,
the board:
  (1)  Unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order as a condition of parole or post-
release supervision that the parolee or the person on postrelease super-
vision pay any transportation expenses resulting from returning the pa-
rolee or the person on postrelease supervision to this state to answer
criminal charges or a warrant for a violation of a condition of probation,
assignment to a community correctional services program, parole, con-
ditional release or postrelease supervision;
  (2)  to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease su-
pervision make progress towards or successfully complete the equivalent
of a secondary education if the inmate has not previously completed such
educational equivalent and is capable of doing so; and
  (3)  may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental agen-
cies, private corporations organized not-for-profit or charitable or social
service organizations performing services for the community.
  (o)  If the court which sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the Kansas parole board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would ren-
der a plan of restitution unworkable. If the parolee was sentenced before
July 1, 1986, and the court did not specify at the time of sentencing the
amount and the recipient of any restitution ordered as a condition of
parole, the parole board shall order as a condition of parole that the
parolee make restitution for the damage or loss caused by the parolee's
crime in an amount and manner determined by the board unless the
board finds compelling circumstances which would render a plan of res-
titution unworkable. If the parolee was sentenced on or after July 1, 1986,
and the court did not specify at the time of sentencing the amount and
the recipient of any restitution ordered as a condition of parole or post-
release supervision, the parole board shall not order restitution as a con-
dition of parole or postrelease supervision unless the board finds com-
pelling circumstances which justify such an order.
  (p)  Whenever the Kansas parole board grants the parole of an inmate,
the board, within 10 days of the date of the decision to grant parole, shall
give written notice of the decision to the county or district attorney of the
county where the inmate was sentenced.
  (q)  When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.
  (r)  Inmates shall be released on postrelease supervision upon the ter-
mination of the prison portion of their sentence. Time served while on
postrelease supervision will vest.
  (s)  An inmate who is allocated regular good time credits as provided
in K.S.A. 22-3725 and amendments thereto may receive meritorious good
time credits in increments of not more than 90 days per meritorious act.
These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing
injury or death to a person, preventing the destruction of property or
taking actions which result in a financial savings to the state.
  Sec. 9.  K.S.A. 21-3439, 21-4622, 21-4623, 21-4624, 21-4625, 21-
4626, 21-4627, 21-4629, 21-4631, 21-4634, 21-4635, 22-3704, 22-3705,
22-4001, 22-4002, 22-4003, 22-4004, 22-4005, 22-4006, 22-4009, 22-
4011, 22-4012, 22-4013, 22-4014 and 22-4015 and K.S.A. 1996 Supp.
21-3105, 21-4706 and 22-3717 are hereby repealed.
  Sec. 10.  This act shall take effect and be in force from and after its
publication in the statute book.