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10  AN ACT concerning criminal procedure; relating to parole and the
11    Kansas parole board; amending K.S.A. 22-3701, 22-3707, 22-
12    3709, 22-3712 and 22-3718 and K.S.A. 1996 Supp. 22-3717 and
13    repealing the existing sections.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 22-3707 is hereby amended to read as follows: 22-
17  3707. (a) Upon expiration of the terms of members of the Kansas parole
18  board whose terms expire during calendar year 1997, the Kansas parole
19  board shall consist of five four members appointed by the governor, sub-
20  ject to confirmation by the senate as provided in K.S.A. 75-4315b and
21  amendments thereto. Except as provided by K.S.A. 1995 Supp. 46-2601,
22  no person shall exercise any power, duty or function as a member of the
23  board until confirmed by the senate. No successor shall be appointed as
24  provided in this section for any member of the board whose term expires
25  during calendar year 1997. On and after the effective date of this act, no
26  appointment shall be made that would result in more than three two
27  members of the board shall be being members of the same political party.
28  Except as provided by subsection (b), the term of office of the members
29  of the board shall be four years and until their successors are appointed
30  and confirmed. If a vacancy occurs in the membership of the board before
31  the expiration of the term of office, a successor shall be appointed for the
32  remainder of the unexpired term in the same manner that original ap-
33  pointments are made. Each member of the board shall devote the mem-
34  ber's full time to the duties of membership on the board.
35    (b)  The terms of members who are serving on the board on the ef-
36  fective date of this act shall expire on January 15, of the year in which
37  such member's term would have expired under the provisions of this
38  section prior to amendment by this act. Thereafter, members shall be
39  appointed for terms of four years and until their successors are appointed
40  and confirmed.
41    (c)  The governor may not remove any member of the Kansas parole
HB 2211--Am.
                                     

 1  board except for disability, inefficiency, neglect of duty or malfeasance in
 2  office. Before removal, the governor shall give the member a written copy
 3  of the charges against the member and shall fix the time when the mem-
 4  ber can be heard at a public hearing, which shall not be less than 10 days
 5  thereafter. Upon removal, the governor shall file in the office of the sec-
 6  retary of state a complete statement of all charges made against the mem-
 7  ber and the findings thereupon, with a complete record of the proceed-
 8  ings.
 9    Sec. 2.  K.S.A. 22-3709 is hereby amended to read as follows: 22-
10  3709. (a) The chairperson and vice-chairperson of the Kansas parole
11  board shall be designated by the governor. The chairperson of the board
12  shall have the authority to organize and administer the activities of the
13  board. The chairperson of the board may designate panels, consisting of
14  three members of the board, which shall have the full authority and power
15  of the board to order the denial, grant or revocation of an inmate's parole
16  or conditional release, or for crimes committed on or after July 1, 1993,
17  grant parole for off-grid crimes or revocation of postrelease supervision
18  or to order the revocation of an inmate's conditional release, upon hearing
19  by one or more members of the panel. The director of the board shall
20  act as secretary to the board.
21    (b)  Any decision of the Kansas parole board granting original parole
22  to an inmate sentenced for a class A or class B felony or for off-grid crimes
23  committed on or after July 1, 1993, shall be by unanimous vote of all
24  members of the three-member panel acting on such parole except that,
25  if two members of such panel vote to parole the inmate, the full mem-
26  bership of the board shall review the decision of the panel and may parole
27  such inmate upon the vote of four members of the board.
28    Sec. 3.  K.S.A. 22-3707 and 22-3709 are hereby repealed.
29    Section 1.  K.S.A. 22-3701 is hereby amended to read as fol-
30  lows: 22-3701. (1) The governor may pardon, or commute the sen-
31  tence of, any person convicted of a crime in any court of this state
32  upon such terms and conditions as prescribed in the order grant-
33  ing the pardon or commutation.
34    (2)  The Kansas parole board, hereafter referred to as the
35  board, shall adopt rules and regulations governing the procedure
36  for initiating, processing, and hearing reviewing applications for par-
37  don, or commutation of sentence filed by and on behalf of persons
38  convicted of crime.
39    (3)  Except as otherwise provided, no pardon or commutation
40  of sentence shall be granted until more than 30 days after written
41  notice of the application therefor has been given to: (a) The pros-
42  ecuting attorney and the judge of the court in which the defendant
43  was convicted; and (b) any victim of the person's crime or the vic-
HB 2211--Am.
                                     

 1  tims' victim's family, if the person was convicted of a crime specified
 2  in article 34, 35 or 36 of chapter 21 of the Kansas statutes anno-
 3  tated. Notice of such application for pardon or commutation of
 4  sentence and of the hearing thereon shall be given by the secretary
 5  of corrections to the victim who is alive and whose address is
 6  known to the secretary of corrections, or if the victim is deceased,
 7  to the victims' victim's family if the family's address is known to the
 8  secretary of corrections. Notice of the hearing on receipt of such
 9  application shall be given by publication in the official county pa-
10  per of the county of conviction not more than 30 days nor less than
11  15 days prior to such hearing. The form of notice shall be prescribed
12  by the board. If the applicant executes a poverty affidavit, the cost
13  of one publication of the notice during a twelve-month period shall
14  be paid by the state. If more than one notice of application is pub-
15  lished during any twelve-month period the additional cost of pub-
16  lication shall be paid by the applicant. Subject to the provisions of
17  subsection (4), if written notification is not given to such victim
18  who is alive and whose address is known to the secretary of cor-
19  rections or, if the victim is deceased, to the victim's family if the
20  family's address is known to the secretary of corrections, the gov-
21  ernor shall not grant or deny such application until a time at least
22  30 days after notification is given by publication as provided in this
23  section.
24    (4)  All applications for pardon or commutation of sentence
25  shall be referred to the board. The board shall examine each case
26  and submit a report, together with such information as the board
27  may have concerning the applicant, to the governor within 120
28  days after referral to the board. The governor shall not grant or
29  deny any such application until the governor has received the re-
30  port of the board or until 120 days after the referral to the board,
31  whichever time is the shorter and the provisions of subsection (3)
32  have been satisfied.
33    Sec. 2.  K.S.A. 22-3707 is hereby amended to read as follows:
34  22-3707. (a) On and after July 1, 1997, the Kansas parole board shall
35  consist of five four members appointed by the governor, subject to
36  confirmation by the senate as provided in K.S.A. 75-4315b and
37  amendments thereto. Except as provided by K.S.A. 1995 1996 Supp.
38  46-2601, and amendments thereto, no person shall exercise any
39  power, duty or function as a member of the board until confirmed
40  by the senate. No successor shall be appointed as provided in this section
41  for any member of the Kansas parole board whose term expires on June
42  30, 1997. On and after July 1, 1997, no appointment shall be made that
43  would result in more than three two members of the board shall be
HB 2211--Am.
                                     

 1  being members of the same political party. Except as provided by
 2  subsection (b), the term of office of the members of the board shall
 3  be four years and until their successors are appointed and con-
 4  firmed. If a vacancy occurs in the membership of the board before
 5  the expiration of the term of office, a successor shall be appointed
 6  for the remainder of the unexpired term in the same manner that
 7  original appointments are made. Each member of the board shall
 8  devote the member's full time to the duties of membership on the
 9  board.
10    (b)  The terms of members who are serving on the board on the
11  effective date of this act shall expire on January 15, of the year in
12  which such member's term would have expired under the provi-
13  sions of this section prior to amendment by this act. Thereafter,
14  members shall be appointed for terms of four years and until their
15  successors are appointed and confirmed.
16    (c)  The governor may not remove any member of the Kansas
17  parole board except for disability, inefficiency, neglect of duty or
18  malfeasance in office. Before removal, the governor shall give the
19  member a written copy of the charges against the member and
20  shall fix the time when the member can be heard at a public hear-
21  ing, which shall not be less than 10 days thereafter. Upon removal,
22  the governor shall file in the office of the secretary of state a com-
23  plete statement of all charges made against the member and the
24  findings thereupon, with a complete record of the proceedings.
25    Sec. 3.  K.S.A. 22-3709 is hereby amended to read as follows:
26  22-3709. (a) The chairperson and vice-chairperson of the Kansas
27  parole board shall be designated by the governor. The chairperson
28  of the board shall have the authority to organize and administer
29  the activities of the board. The chairperson of the board may des-
30  ignate panels, consisting of three members of the board, which
31  shall have the full authority and power of the board to order the
32  denial, grant or revocation of an inmate's parole or conditional
33  release, or for crimes committed on or after July 1, 1993, grant
34  parole for off-grid crimes or revocation of postrelease supervision
35  or to order the revocation of an inmate's conditional release, upon
36  hearing by one or more members of the panel. The director of the
37  board shall act as secretary to the board.
38    (b)  Any decision of the Kansas parole board granting original
39  parole to an inmate sentenced for a class A or class B felony or for
40  off-grid crimes committed on or after July 1, 1993, shall be by
41  unanimous vote of all members of the three-member panel acting
42  on such parole except that, if two members of such panel vote to
43  parole the inmate, the full membership of the board shall review
HB 2211--Am.
                                     

 1  the decision of the panel and may parole such inmate upon the
 2  vote of four three members of the board.
 3    Sec. 4.  K.S.A. 22-3712 is hereby amended to read as follows:
 4  22-3712. The Kansas parole board may establish and maintain residence
 5  facilities for the housing of probationers, parolees or persons on post-
 6  release supervision, or may contract for such housing in facilities approved
 7  by it; it may establish and maintain diagnostic and treatment facilities for
 8  persons referred during presentence investigation or on probation, parole
 9  or postrelease supervision, or may contract for such facilities. As a con-
10  dition of probation, parole or postrelease supervision, a proba-
11  tioner, parolee or person on postrelease supervision may be placed
12  in such residence, a diagnostic, or treatment facility by order of the
13  court or parole board. Placement in a diagnostic or treatment fa-
14  cility shall not exceed 90 days or the maximum period of the prison
15  sentence that could be imposed, but may be renewed for further
16  ninety-day periods on certificates presented to the court by the
17  director of such facility.
18    Sec. 5.  K.S.A. 1996 Supp. 22-3717 is hereby amended to read
19  as follows: 22-3717. (a) Except as otherwise provided by this sec-
20  tion, K.S.A. 1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-
21  4635 through 21-4638 and amendments thereto, an inmate, in-
22  cluding an inmate sentenced pursuant to K.S.A. 21-4618 and
23  amendments thereto, shall be eligible for parole after serving the
24  entire minimum sentence imposed by the court, less good time
25  credits.
26    (b) (1)  Except as provided by K.S.A. 21-4635 through 21-4638
27  and amendments thereto, an inmate sentenced to imprisonment
28  for the crime of capital murder, or an inmate sentenced for the
29  crime of murder in the first degree based upon a finding of pre-
30  meditated murder, committed on or after July 1, 1994, shall be
31  eligible for parole after serving 25 years of confinement, without
32  deduction of any good time credits.
33    (2)  Except as provided by subsection (b)(1) or (b)(4), K.S.A.
34  1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through
35  21-4638, and amendments thereto, an inmate sentenced to im-
36  prisonment for an off-grid offense committed on or after July 1,
37  1993, shall be eligible for parole after serving 15 years of confine-
38  ment, without deduction of any good time credits.
39    (3)  Except as provided by K.S.A. 1993 Supp. 21-4628 prior to
40  its repeal, an inmate sentenced for a class A felony committed be-
41  fore July 1, 1993, including an inmate sentenced pursuant to K.S.A.
42  21-4618 and amendments thereto, shall be eligible for parole after
43  serving 15 years of confinement, without deduction of any good
HB 2211--Am.
                                     

 1  time credits.
 2    (4)  An inmate sentenced to imprisonment for a violation of sub-
 3  section (a) of K.S.A. 21-3402 and amendments thereto committed
 4  on or after July 1, 1996, shall be eligible for parole after serving
 5  10 years of confinement without deduction of any good time cred-
 6  its.
 7    (c)  Except as provided in subsection (e), if an inmate is sen-
 8  tenced to imprisonment for more than one crime and the sen-
 9  tences run consecutively, the inmate shall be eligible for parole
10  after serving the total of:
11    (1)  The aggregate minimum sentences, as determined pursu-
12  ant to K.S.A. 21-4608 and amendments thereto, less good time
13  credits for those crimes which are not class A felonies; and
14    (2)  an additional 15 years, without deduction of good time
15  credits, for each crime which is a class A felony.
16    (d) (1)  Persons sentenced for crimes, other than off-grid
17  crimes, committed on or after July 1, 1993, will not be eligible for
18  parole, but will be released to a mandatory period of postrelease
19  supervision upon completion of the prison portion of their sen-
20  tence as follows:
21    (A)  Except as provided in subparagraphs (C) and (D), persons
22  sentenced for nondrug severity level 1 through 6 crimes and drug
23  severity levels 1 through 3 crimes must serve 36 months, plus the
24  amount of good time earned and retained pursuant to K.S.A. 21-
25  4722 and amendments thereto, on postrelease supervision.
26    (B)  Except as provided in subparagraphs (C) and (D), persons
27  sentenced for nondrug severity level 7 through 10 crimes and drug
28  severity level 4 crimes must serve 24 months, plus the amount of
29  good time earned and retained pursuant to K.S.A. 21-4722 and
30  amendments thereto, on postrelease supervision.
31    (C) (i)  The sentencing judge shall impose the postrelease su-
32  pervision period provided in subparagraph (d)(1)(A) or (d)(1)(B),
33  unless the judge finds substantial and compelling reasons to im-
34  pose a departure based upon a finding that the current crime of
35  conviction was sexually violent or sexually motivated. In that event,
36  departure may be imposed to extend the postrelease supervision
37  to a period of up to 60 months.
38    (ii)  If the sentencing judge departs from the presumptive post-
39  release supervision period, the judge shall state on the record at
40  the time of sentencing the substantial and compelling reasons for
41  the departure. Departures in this section are subject to appeal
42  pursuant to K.S.A. 21-4721 and amendments thereto.
43    (iii)  In determining whether substantial and compelling rea-
HB 2211--Am.
                                     

 1  sons exist, the court shall consider:
 2    (a)  Written briefs or oral arguments submitted by either the
 3  defendant or the state;
 4    (b)  any evidence received during the proceeding;
 5    (c)  the presentence report, the victim's impact statement and
 6  any psychological evaluation as ordered by the court pursuant to
 7  subsection (e) of K.S.A. 21-4714 and amendments thereto; and
 8    (d)  any other evidence the court finds trustworthy and reliable.
 9    (iv)  The sentencing judge may order that a psychological eval-
10  uation be prepared and the recommended programming be com-
11  pleted by the offender. The department of corrections or the pa-
12  role board shall ensure that court ordered sex offender treatment
13  be carried out.
14    (v)  In carrying out the provisions of subparagraph (d)(1)(C),
15  the court shall refer to K.S.A. 21-4718 and amendments thereto.
16    (vi)  Upon petition, the parole board may provide for early dis-
17  charge from the postrelease supervision period upon completion
18  of court ordered programs and completion of the presumptive
19  postrelease supervision period, as determined by the crime of con-
20  viction, pursuant to subparagraph (d)(1)(A) or (B). Early discharge
21  from postrelease supervision is at the discretion of the parole
22  board.
23    (vii)  Persons convicted of crimes deemed sexually violent or
24  sexually motivated, shall be registered according to the habitual
25  sex offender registration act, K.S.A. 22-4901 through 22-4910 and
26  amendments thereto.
27    (D)  The period of postrelease supervision provided in subpar-
28  agraphs (A) and (B) may be reduced by up to 12 months based on
29  the offender's compliance with conditions of supervision and over-
30  all performance while on postrelease supervision. The reduction
31  in the supervision period shall be on an earned basis pursuant to
32  rules and regulations adopted by the secretary of corrections.
33    (E)  In cases where sentences for crimes from more than one
34  severity level have been imposed, the highest severity level offense
35  will dictate the period of postrelease supervision. Supervision per-
36  iods will not aggregate.
37    (2)  As used in this section, ``sexually violent crime'' means:
38    (A)  Rape, K.S.A. 21-3502, and amendments thereto;
39    (B)  indecent liberties with a child, K.S.A. 21-3503, and amend-
40  ments thereto;
41    (C)  aggravated indecent liberties with a child, K.S.A. 21-3504,
42  and amendments thereto;
43    (D)  criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-
HB 2211--Am.
                                     

 1  3505 and amendments thereto;
 2    (E)  aggravated criminal sodomy, K.S.A. 21-3506, and amend-
 3  ments thereto;
 4    (F)  indecent solicitation of a child, K.S.A. 21-3510, and amend-
 5  ments thereto;
 6    (G)  aggravated indecent solicitation of a child, K.S.A. 21-3511,
 7  and amendments thereto;
 8    (H)  sexual exploitation of a child, K.S.A. 21-3516, and amend-
 9  ments thereto;
10    (I)  aggravated sexual battery, K.S.A. 21-3518, and amendments
11  thereto;
12    (J)  any conviction for a felony offense in effect at any time prior
13  to the effective date of this act, that is comparable to a sexually
14  violent crime as defined in subparagraphs (A) through (I), or any
15  federal or other state conviction for a felony offense that under
16  the laws of this state would be a sexually violent crime as defined
17  in this section;
18    (K)  an attempt, conspiracy or criminal solicitation, as defined
19  in K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of
20  a sexually violent crime as defined in this section; or
21    (L)  any act which at the time of sentencing for the offense has
22  been determined beyond a reasonable doubt to have been sexually
23  motivated. As used in this subparagraph, ``sexually motivated''
24  means that one of the purposes for which the defendant committed
25  the crime was for the purpose of the defendant's sexual gratifica-
26  tion.
27    (e)  If an inmate is sentenced to imprisonment for a crime com-
28  mitted while on parole or conditional release, the inmate shall be
29  eligible for parole as provided by subsection (c), except that the
30  Kansas parole board may postpone the inmate's parole eligibility
31  date by assessing a penalty not exceeding the period of time which
32  could have been assessed if the inmate's parole or conditional re-
33  lease had been violated for reasons other than conviction of a
34  crime.
35    (f)  If a person is sentenced to prison for a crime committed on
36  or after July 1, 1993, while on probation, parole, conditional re-
37  lease or in a community corrections program, for a crime com-
38  mitted prior to July 1, 1993, and the person is not eligible for ret-
39  roactive application of the sentencing guidelines and amendments
40  thereto pursuant to K.S.A. 21-4724 and amendments thereto, the
41  new sentence shall not be aggregated with the old sentence, but
42  shall begin when the person is paroled or reaches the conditional
43  release date on the old sentence. If the offender was past the of-
HB 2211--Am.
                                     

 1  fender's conditional release date at the time the new offense was
 2  committed, the new sentence shall not be aggregated with the old
 3  sentence but shall begin when the person is ordered released by
 4  the Kansas parole board or reaches the maximum sentence expi-
 5  ration date on the old sentence, whichever is earlier. The new sen-
 6  tence shall then be served as otherwise provided by law. The pe-
 7  riod of postrelease supervision shall be based on the new sentence,
 8  except that those offenders whose old sentence is a term of im-
 9  prisonment for life, imposed pursuant to K.S.A. 1993 Supp. 21-
10  4628 prior to its repeal, or an indeterminate sentence with a max-
11  imum term of life imprisonment, for which there is no conditional
12  release or maximum sentence expiration date, shall remain on
13  postrelease supervision for life or until discharged from supervi-
14  sion by the Kansas parole board.
15    (g)  Subject to the provisions of this section, the Kansas parole
16  board may release on parole those persons confined in institutions
17  who are eligible for parole when: (1) The board believes that the
18  inmate should be released for hospitalization, for deportation or
19  to answer the warrant or other process of a court and is of the
20  opinion that there is reasonable probability that the inmate can be
21  released without detriment to the community or to the inmate; or
22    (2) the secretary of corrections has reported to the board in writing
23  that the inmate has satisfactorily completed the programs required
24  by any agreement entered under K.S.A. 75-5210a and amend-
25  ments thereto, or any revision of such agreement, and the board
26  believes that the inmate is able and willing to fulfill the obligations
27  of a law abiding citizen and is of the opinion that there is reason-
28  able probability that the inmate can be released without detriment
29  to the community or to the inmate. Parole shall not be granted as
30  an award of clemency and shall not be considered a reduction of
31  sentence or a pardon.
32    (h)  The Kansas parole board shall hold a parole hearing during
33  at least the month prior to the month an inmate will be eligible for
34  parole under subsections (a), (b) and (c). At least the month pre-
35  ceding the parole hearing, the county or district attorney of the
36  county where the inmate was convicted shall give written notice
37  of the time and place of the public comment sessions for the inmate
38  to any victim of the inmate's crime who is alive and whose address
39  is known to the county or district attorney or, if the victim is de-
40  ceased, to the victim's family if the family's address is known to the
41  county or district attorney. Except as otherwise provided, failure
42  to notify pursuant to this section shall not be a reason to postpone
43  a parole hearing. In the case of any inmate convicted of a class A
HB 2211--Am.
                                     

 1  felony the secretary of corrections shall give written notice of the
 2  time and place of the public comment session for such inmate at
 3  least one month preceding the public comment session to any vic-
 4  tim of such inmate's crime or the victim's family pursuant to K.S.A.
 5  74-7338 and amendments thereto. If notification is not given to
 6  such victim or such victim's family in the case of any inmate con-
 7  victed of a class A felony, the board shall postpone a decision on
 8  parole of the inmate to a time at least 30 days after notification is
 9  given as provided in this section. Nothing in this section shall cre-
10  ate a cause of action against the state or an employee of the state
11  acting within the scope of the employee's employment as a result
12  of the failure to notify pursuant to this section. If granted parole,
13  the inmate may be released on parole on the date specified by the
14  board, but not earlier than the date the inmate is eligible for parole
15  under subsections (a), (b) and (c). At each parole hearing and, if
16  parole is not granted, at such intervals thereafter as it determines
17  appropriate, the Kansas parole board shall consider: (1) Whether
18  the inmate has satisfactorily completed the programs required by
19  any agreement entered under K.S.A. 75-5210a and amendments
20  thereto, or any revision of such agreement; and (2) all pertinent
21  information regarding such inmate, including, but not limited to,
22  the circumstances of the offense of the inmate; the presentence
23  report; the previous social history and criminal record of the in-
24  mate; the conduct, employment, and attitude of the inmate in
25  prison; the reports of such physical and mental examinations as
26  have been made; comments of the victim and the victim's family;
27  comments of the public; official comments; and capacity of state
28  correctional institutions.
29    (i)  In those cases involving inmates sentenced for a crime com-
30  mitted after July 1, 1993, the parole board will review the inmates
31  proposed release plan. The board may schedule a hearing if they
32  desire. The board may impose any condition they deem necessary
33  to insure public safety, aid in the reintegration of the inmate into
34  the community, or items not completed under the agreement en-
35  tered into under K.S.A. 75-5210a and amendments thereto. The
36  board may not advance or delay an inmate's release date. Every
37  inmate while on postrelease supervision shall remain in the legal
38  custody of the secretary of corrections and is subject to the orders
39  of the secretary.
40    (j)  Within a reasonable time after an inmate is committed to the cus-
41  tody of the secretary of corrections, a member of the Kansas parole board,
42  or a designee of the board, shall hold an initial informational hearing with
43  such inmate and other inmates.
HB 2211--Am.
                                     

 1    (k)  Before ordering the parole of any inmate, the Kansas parole
 2  board shall have the inmate appear before it either in person or via
 3  a video conferencing format and shall interview the inmate unless
 4  impractical because of the inmate's physical or mental condition
 5  or absence from the institution. Every inmate while on parole shall
 6  remain in the legal custody of the secretary of corrections and is
 7  subject to the orders of the secretary. Whenever the Kansas parole
 8  board formally considers placing an inmate on parole and no
 9  agreement has been entered into with the inmate under K.S.A. 75-
10  5210a and amendments thereto, the board shall notify the inmate
11  in writing of the reasons for not granting parole. If an agreement
12  has been entered under K.S.A. 75-5210a and amendments thereto
13  and the inmate has not satisfactorily completed the programs spec-
14  ified in the agreement, or any revision of such agreement, the
15  board shall notify the inmate in writing of the specific programs
16  the inmate must satisfactorily complete before parole will be
17  granted. If parole is not granted only because of a failure to sat-
18  isfactorily complete such programs, the board shall grant parole
19  upon the secretary's certification that the inmate has successfully
20  completed such programs. If an agreement has been entered un-
21  der K.S.A. 75-5210a and amendments thereto and the secretary of
22  corrections has reported to the board in writing that the inmate
23  has satisfactorily completed the programs required by such agree-
24  ment, or any revision thereof, the board shall not require further
25  program participation. However, if the board determines that
26  other pertinent information regarding the inmate warrants the in-
27  mate's not being released on parole, the board shall state in writing
28  the reasons for not granting the parole. If parole is denied for an
29  inmate sentenced for a crime other than a class A or class B felony
30  or an off-grid felony, the board shall hold another parole hearing
31  for the inmate not later than one year after the denial unless the
32  parole board finds that it is not reasonable to expect that parole
33  would be granted at a hearing if held in the next three years or
34  during the interim period of a deferral. In such case, the parole
35  board may defer subsequent parole hearings for up to three years
36  but any such deferral by the board shall require the board to state
37  the basis for its findings.  If parole is denied for an inmate sen-
38  tenced for a class A or class B felony or an off-grid felony, the board
39  shall hold another parole hearing for the inmate not later than
40  three years after the denial unless the parole board finds that it is
41  not reasonable to expect that parole would be granted at a hearing
42  if held in the next 10 years or during the interim period of a de-
43  ferral. In such case, the parole board may defer subsequent parole
HB 2211--Am.
                                     

 1  hearings for up to 10 years but any such deferral shall require the
 2  board to state the basis for its findings.
 3    (l) (k)  Parolees and persons on postrelease supervision shall be
 4  assigned, upon release, to the appropriate level of supervision pur-
 5  suant to the criteria established by the secretary of corrections.
 6    (m) (l)  The Kansas parole board shall adopt rules and regula-
 7  tions in accordance with K.S.A. 77-415 et seq., and amendments
 8  thereto, not inconsistent with the law and as it may deem proper
 9  or necessary, with respect to the conduct of parole hearings, post-
10  release supervision reviews, revocation hearings, orders of resti-
11  tution and other conditions to be imposed upon parolees or rele-
12  asees. Whenever an order for parole or postrelease supervision is
13  issued it shall recite the conditions thereof.
14    (n) (m)  Whenever the Kansas parole board orders the parole
15  of an inmate or establishes conditions for an inmate placed on
16  postrelease supervision, the board:
17    (1)  Unless it finds compelling circumstances which would ren-
18  der a plan of payment unworkable, shall order as a condition of
19  parole or postrelease supervision that the parolee or the person
20  on postrelease supervision pay any transportation expenses re-
21  sulting from returning the parolee or the person on postrelease
22  supervision to this state to answer criminal charges or a warrant
23  for a violation of a condition of probation, assignment to a com-
24  munity correctional services program, parole, conditional release
25  or postrelease supervision;
26    (2)  to the extent practicable, shall order as a condition of pa-
27  role or postrelease supervision that the parolee or the person on
28  postrelease supervision make progress towards or successfully
29  complete the equivalent of a secondary education if the inmate has
30  not previously completed such educational equivalent and is ca-
31  pable of doing so; and
32    (3)  may order that the parolee or person on postrelease super-
33  vision perform community or public service work for local govern-
34  mental agencies, private corporations organized not-for-profit or
35  charitable or social service organizations performing services for
36  the community.
37    (o) (n)  If the court which sentenced an inmate specified at the
38  time of sentencing the amount and the recipient of any restitution
39  ordered as a condition of parole or postrelease supervision, the
40  Kansas parole board shall order as a condition of parole or post-
41  release supervision that the inmate pay restitution in the amount
42  and manner provided in the journal entry unless the board finds
43  compelling circumstances which would render a plan of restitution
HB 2211--Am.
                                     

 1  unworkable. If the parolee was sentenced before July 1, 1986, and the
 2  court did not specify at the time of sentencing the amount and the recip-
 3  ient of any restitution ordered as a condition of parole, the parole board
 4  shall order as a condition of parole that the parolee make restitution for
 5  the damage or loss caused by the parolee's crime in an amount and man-
 6  ner determined by the board unless the board finds compelling circum-
 7  stances which would render a plan of restitution unworkable. If the pa-
 8  rolee was sentenced on or after July 1, 1986, and the court did not specify
 9  at the time of sentencing the amount and the recipient of any restitution
10  ordered as a condition of parole or postrelease supervision, the parole
11  board shall not order restitution as a condition of parole or postrelease
12  supervision unless the board finds compelling circumstances which justify
13  such an order.
14    (p) (o)  Whenever the Kansas parole board grants the parole of
15  an inmate, the board, within 10 days of the date of the decision to
16  grant parole, shall give written notice of the decision to the county
17  or district attorney of the county where the inmate was sentenced.
18    (q) (p)  When an inmate is to be released on postrelease super-
19  vision, the secretary, within 30 days prior to release, shall provide
20  the county or district attorney of the county where the inmate was
21  sentenced written notice of the release date.
22    (r) (q)  Inmates shall be released on postrelease supervision
23  upon the termination of the prison portion of their sentence. Time
24  served while on postrelease supervision will vest.
25    (s) (r)  An inmate who is allocated regular good time credits as
26  provided in K.S.A. 22-3725 and amendments thereto may receive
27  meritorious good time credits in increments of not more than 90
28  days per meritorious act. These credits may be awarded by the
29  secretary of corrections when an inmate has acted in a heroic or
30  outstanding manner in coming to the assistance of another person
31  in a life threatening situation, preventing injury or death to a per-
32  son, preventing the destruction of property or taking actions which
33  result in a financial savings to the state.
34    Sec. 6.  K.S.A. 22-3718 is hereby amended to read as follows:
35  22-3718. Upon release, an inmate who has served the inmate's max-
36  imum term or terms, less such work and good behavior credits as
37  have been earned, shall, upon release, shall be subject to such written
38  rules and conditions as the Kansas parole board may impose, until
39  the expiration of the maximum term or terms for which the inmate
40  was sentenced or until the inmate is otherwise discharged. If the
41  court which sentenced an inmate specified at the time of sentenc-
42  ing the amount and the recipient of any restitution ordered as a
43  condition of release pursuant to this section, the parole board may
HB 2211--Am.
                                     

 1  set aside restitution as a condition of release payment of restitu-
 2  tion, if the board finds compelling circumstances which would ren-
 3  der a plan of restitution unworkable. If the inmate was sentenced
 4  before July 1, 1986, and the court did not specify at the time of sentencing
 5  the amount and the recipient of any restitution ordered as a condition of
 6  release, the parole board shall order as a condition of release that the
 7  inmate make restitution for the damage or loss caused by the inmate's
 8  crime in an amount and manner determined by the board unless the
 9  board finds compelling circumstances which would render a plan of res-
10  titution unworkable. If the inmate was sentenced on or after July 1, 1986,
11  and the court did not specify at the time of sentencing the amount and
12  the recipient of any restitution ordered as a condition of release pursuant
13  to this section, the parole board shall not order restitution as a condition
14  of release unless the board finds compelling circumstances which justify
15  such an order. Prior to the release of any inmate on parole, condi-
16  tional release or expiration of sentence, if an inmate is released
17  into the community under a program under the supervision of the
18  secretary of corrections, the secretary shall give written notice of
19  such release to any victim or victim's family as provided in K.S.A.
20  22-3727, and amendments thereto.
21    Sec. 7.  K.S.A. 22-3701, 22-3707, 22-3709, 22-3712 and 22-
22  3718 and K.S.A. 1996 Supp. 22-3717 are hereby repealed.
23    Sec. 4 8.  This act shall take effect and be in force from and after its
24  publication in the Kansas register.