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 9  AN ACT concerning criminal procedure; relating to notice of a parole
10    hearing; amending K.S.A. 1996 Supp. 22-3717 and repealing the ex-
11    isting section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 22-3717 is hereby amended to read as
15  follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
16  1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
17  4638 and amendments thereto, an inmate, including an inmate sentenced
18  pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
19  parole after serving the entire minimum sentence imposed by the court,
20  less good time credits.
21    (b) (1)  Except as provided by K.S.A. 21-4635 through 21-4638 and
22  amendments thereto, an inmate sentenced to imprisonment for the crime
23  of capital murder, or an inmate sentenced for the crime of murder in the
24  first degree based upon a finding of premeditated murder, committed on
25  or after July 1, 1994, shall be eligible for parole after serving 25 years of
26  confinement, without deduction of any good time credits.
27    (2)  Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
28  Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
29  and amendments thereto, an inmate sentenced to imprisonment for an
30  off-grid offense committed on or after July 1, 1993, shall be eligible for
31  parole after serving 15 years of confinement, without deduction of any
32  good time credits.
33    (3)  Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
34  repeal, an inmate sentenced for a class A felony committed before July
35  1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
36  amendments thereto, shall be eligible for parole after serving 15 years of
37  confinement, without deduction of any good time credits.
38    (4)  An inmate sentenced to imprisonment for a violation of subsec-
39  tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
40  July 1, 1996, shall be eligible for parole after serving 10 years of confine-
41  ment without deduction of any good time credits.
42    (c)  Except as provided in subsection (e), if an inmate is sentenced to
43  imprisonment for more than one crime and the sentences run consecu-
HB 2274
                                     

 1  tively, the inmate shall be eligible for parole after serving the total of:
 2    (1)  The aggregate minimum sentences, as determined pursuant to
 3  K.S.A. 21-4608 and amendments thereto, less good time credits for those
 4  crimes which are not class A felonies; and
 5    (2)  an additional 15 years, without deduction of good time credits,
 6  for each crime which is a class A felony.
 7    (d) (1)  Persons sentenced for crimes, other than off-grid crimes,
 8  committed on or after July 1, 1993, will not be eligible for parole, but will
 9  be released to a mandatory period of postrelease supervision upon com-
10  pletion of the prison portion of their sentence as follows:
11    (A)  Except as provided in subparagraphs (C) and (D), persons sen-
12  tenced for nondrug severity level 1 through 6 crimes and drug severity
13  levels 1 through 3 crimes must serve 36 months, plus the amount of good
14  time earned and retained pursuant to K.S.A. 21-4722 and amendments
15  thereto, on postrelease supervision.
16    (B)  Except as provided in subparagraphs (C) and (D), persons sen-
17  tenced for nondrug severity level 7 through 10 crimes and drug severity
18  level 4 crimes must serve 24 months, plus the amount of good time earned
19  and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
20  postrelease supervision.
21    (C) (i)  The sentencing judge shall impose the postrelease supervision
22  period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
23  finds substantial and compelling reasons to impose a departure based
24  upon a finding that the current crime of conviction was sexually violent
25  or sexually motivated. In that event, departure may be imposed to extend
26  the postrelease supervision to a period of up to 60 months.
27    (ii)  If the sentencing judge departs from the presumptive postrelease
28  supervision period, the judge shall state on the record at the time of
29  sentencing the substantial and compelling reasons for the departure. De-
30  partures in this section are subject to appeal pursuant to K.S.A. 21-4721
31  and amendments thereto.
32    (iii)  In determining whether substantial and compelling reasons exist,
33  the court shall consider:
34    (a)  Written briefs or oral arguments submitted by either the defen-
35  dant or the state;
36    (b)  any evidence received during the proceeding;
37    (c)  the presentence report, the victim's impact statement and any
38  psychological evaluation as ordered by the court pursuant to subsection
39    (e) of K.S.A. 21-4714 and amendments thereto; and
40    (d)  any other evidence the court finds trustworthy and reliable.
41    (iv)  The sentencing judge may order that a psychological evaluation
42  be prepared and the recommended programming be completed by the
43  offender. The department of corrections or the parole board shall ensure
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 1  that court ordered sex offender treatment be carried out.
 2    (v)  In carrying out the provisions of subparagraph (d)(1)(C), the court
 3  shall refer to K.S.A. 21-4718 and amendments thereto.
 4    (vi)  Upon petition, the parole board may provide for early discharge
 5  from the postrelease supervision period upon completion of court or-
 6  dered programs and completion of the presumptive postrelease super-
 7  vision period, as determined by the crime of conviction, pursuant to sub-
 8  paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
 9  is at the discretion of the parole board.
10    (vii)  Persons convicted of crimes deemed sexually violent or sexually
11  motivated, shall be registered according to the habitual sex offender reg-
12  istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
13    (D)  The period of postrelease supervision provided in subparagraphs
14  (A) and (B) may be reduced by up to 12 months based on the offender's
15  compliance with conditions of supervision and overall performance while
16  on postrelease supervision. The reduction in the supervision period shall
17  be on an earned basis pursuant to rules and regulations adopted by the
18  secretary of corrections.
19    (E)  In cases where sentences for crimes from more than one severity
20  level have been imposed, the highest severity level offense will dictate
21  the period of postrelease supervision. Supervision periods will not aggre-
22  gate.
23    (2)  As used in this section, ``sexually violent crime'' means:
24    (A)  Rape, K.S.A. 21-3502, and amendments thereto;
25    (B)  indecent liberties with a child, K.S.A. 21-3503, and amendments
26  thereto;
27    (C)  aggravated indecent liberties with a child, K.S.A. 21-3504, and
28  amendments thereto;
29    (D)  criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
30  and amendments thereto;
31    (E)  aggravated criminal sodomy, K.S.A. 21-3506, and amendments
32  thereto;
33    (F)  indecent solicitation of a child, K.S.A. 21-3510, and amendments
34  thereto;
35    (G)  aggravated indecent solicitation of a child, K.S.A. 21-3511, and
36  amendments thereto;
37    (H)  sexual exploitation of a child, K.S.A. 21-3516, and amendments
38  thereto;
39    (I)  aggravated sexual battery, K.S.A. 21-3518, and amendments
40  thereto;
41    (J)  any conviction for a felony offense in effect at any time prior to
42  the effective date of this act, that is comparable to a sexually violent crime
43  as defined in subparagraphs (A) through (I), or any federal or other state
HB 2274
                                     

 1  conviction for a felony offense that under the laws of this state would be
 2  a sexually violent crime as defined in this section;
 3    (K)  an attempt, conspiracy or criminal solicitation, as defined in
 4  K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
 5  violent crime as defined in this section; or
 6    (L)  any act which at the time of sentencing for the offense has been
 7  determined beyond a reasonable doubt to have been sexually motivated.
 8  As used in this subparagraph, ``sexually motivated'' means that one of the
 9  purposes for which the defendant committed the crime was for the pur-
10  pose of the defendant's sexual gratification.
11    (e)  If an inmate is sentenced to imprisonment for a crime committed
12  while on parole or conditional release, the inmate shall be eligible for
13  parole as provided by subsection (c), except that the Kansas parole board
14  may postpone the inmate's parole eligibility date by assessing a penalty
15  not exceeding the period of time which could have been assessed if the
16  inmate's parole or conditional release had been violated for reasons other
17  than conviction of a crime.
18    (f)  If a person is sentenced to prison for a crime committed on or
19  after July 1, 1993, while on probation, parole, conditional release or in a
20  community corrections program, for a crime committed prior to July 1,
21  1993, and the person is not eligible for retroactive application of the
22  sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
23  4724 and amendments thereto, the new sentence shall not be aggregated
24  with the old sentence, but shall begin when the person is paroled or
25  reaches the conditional release date on the old sentence. If the offender
26  was past the offender's conditional release date at the time the new of-
27  fense was committed, the new sentence shall not be aggregated with the
28  old sentence but shall begin when the person is ordered released by the
29  Kansas parole board or reaches the maximum sentence expiration date
30  on the old sentence, whichever is earlier. The new sentence shall then
31  be served as otherwise provided by law. The period of postrelease su-
32  pervision shall be based on the new sentence, except that those offenders
33  whose old sentence is a term of imprisonment for life, imposed pursuant
34  to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
35  sentence with a maximum term of life imprisonment, for which there is
36  no conditional release or maximum sentence expiration date, shall remain
37  on postrelease supervision for life or until discharged from supervision
38  by the Kansas parole board.
39    (g)  Subject to the provisions of this section, the Kansas parole board
40  may release on parole those persons confined in institutions who are el-
41  igible for parole when: (1) The board believes that the inmate should be
42  released for hospitalization, for deportation or to answer the warrant or
43  other process of a court and is of the opinion that there is reasonable
HB 2274
                                     

 1  probability that the inmate can be released without detriment to the com-
 2  munity or to the inmate; or (2) the secretary of corrections has reported
 3  to the board in writing that the inmate has satisfactorily completed the
 4  programs required by any agreement entered under K.S.A. 75-5210a and
 5  amendments thereto, or any revision of such agreement, and the board
 6  believes that the inmate is able and willing to fulfill the obligations of a
 7  law abiding citizen and is of the opinion that there is reasonable proba-
 8  bility that the inmate can be released without detriment to the community
 9  or to the inmate. Parole shall not be granted as an award of clemency and
10  shall not be considered a reduction of sentence or a pardon.
11    (h)  (1) The Kansas parole board shall hold a parole hearing during
12  the month prior to the month an inmate will be eligible for parole under
13  subsections (a), (b) and (c).
14    (2)  At least the month preceding the parole hearing, the county or
15  district attorney of the county where the inmate was convicted shall give
16  written notice of the time and place of the public comment sessions for
17  the inmate to any victim of the inmate's crime who is alive and whose
18  address is known to the county or district attorney or, if the victim is
19  deceased, to the victim's family if the family's address is known to the
20  county or district attorney. Except as otherwise provided, failure to notify
21  pursuant to this section shall not be a reason to postpone a parole hearing.
22    (3)  In the case of any inmate convicted of a class A felony or an
23  attempt, as defined in K.S.A. 21-3301, and amendments thereto, to commit
24  capital murder, as defined in K.S.A. 21-3439, and amendments thereto;
25  murder in the first degree, as defined in K.S.A. 21-3401, and amendments
26  thereto; murder in the second degree, as defined in subsection (a) of K.S.A.
27  21-3402, and amendments thereto; any crime committed prior to July 1,
28  1993, which if committed after such date would constitute a severity level
29  1, 2, 3 or 4 felony on the sentencing guidelines grid for nondrug crimes;
30  or any crime committed prior to July 1, 1993, which if committed after
31  such date would constitute a severity level 5 felony on the sentencing
32  guidelines grid for nondrug crimes if the department of corrections has
33  reviewed such crime and determined the sentence is not eligible for con-
34  version, the secretary of corrections shall give written notice of the time
35  and place of the public comment session for such inmate at least one
36  month preceding the public comment session to any victim of such in-
37  mate's crime or the victim's family pursuant to K.S.A. 74-7338 and
38  amendments thereto. If notification is not given to such victim or such
39  victim's family in the case of any inmate convicted of a class A felony an
40  offense listed in this paragraph, the board shall postpone a decision on
41  parole of the inmate to a time at least 30 days after notification is given
42  as provided in this section.
43    (4)  Nothing in this section shall create a cause of action against the
HB 2274
                                     

 1  state or an employee of the state acting within the scope of the employee's
 2  employment as a result of the failure to notify pursuant to this section.
 3    (5)  If granted parole, the inmate may be released on parole on the
 4  date specified by the board, but not earlier than the date the inmate is
 5  eligible for parole under subsections (a), (b) and (c).
 6    (6)  At each parole hearing and, if parole is not granted, at such in-
 7  tervals thereafter as it determines appropriate, the Kansas parole board
 8  shall consider:
 9    (1) (i)  Whether the inmate has satisfactorily completed the programs
10  required by any agreement entered under K.S.A. 75-5210a and amend-
11  ments thereto, or any revision of such agreement; and
12    (2) (ii)  all pertinent information regarding such inmate, including, but
13  not limited to, the circumstances of the offense of the inmate; the pre-
14  sentence report; the previous social history and criminal record of the
15  inmate; the conduct, employment, and attitude of the inmate in prison;
16  the reports of such physical and mental examinations as have been made;
17  comments of the victim and the victim's family; comments of the public;
18  official comments; and capacity of state correctional institutions.
19    (i)  In those cases involving inmates sentenced for a crime committed
20  after July 1, 1993, the parole board will review the inmates proposed
21  release plan. The board may schedule a hearing if they desire. The board
22  may impose any condition they deem necessary to insure public safety,
23  aid in the reintegration of the inmate into the community, or items not
24  completed under the agreement entered into under K.S.A. 75-5210a and
25  amendments thereto. The board may not advance or delay an inmate's
26  release date. Every inmate while on postrelease supervision shall remain
27  in the legal custody of the secretary of corrections and is subject to the
28  orders of the secretary.
29    (j)  Within a reasonable time after an inmate is committed to the cus-
30  tody of the secretary of corrections, a member of the Kansas parole board,
31  or a designee of the board, shall hold an initial informational hearing with
32  such inmate and other inmates.
33    (k)  Before ordering the parole of any inmate, the Kansas parole board
34  shall have the inmate appear before it and shall interview the inmate
35  unless impractical because of the inmate's physical or mental condition
36  or absence from the institution. Every inmate while on parole shall remain
37  in the legal custody of the secretary of corrections and is subject to the
38  orders of the secretary. Whenever the Kansas parole board formally con-
39  siders placing an inmate on parole and no agreement has been entered
40  into with the inmate under K.S.A. 75-5210a and amendments thereto,
41  the board shall notify the inmate in writing of the reasons for not granting
42  parole. If an agreement has been entered under K.S.A. 75-5210a and
43  amendments thereto and the inmate has not satisfactorily completed the
HB 2274
                                     

 1  programs specified in the agreement, or any revision of such agreement,
 2  the board shall notify the inmate in writing of the specific programs the
 3  inmate must satisfactorily complete before parole will be granted. If pa-
 4  role is not granted only because of a failure to satisfactorily complete such
 5  programs, the board shall grant parole upon the secretary's certification
 6  that the inmate has successfully completed such programs. If an agree-
 7  ment has been entered under K.S.A. 75-5210a and amendments thereto
 8  and the secretary of corrections has reported to the board in writing that
 9  the inmate has satisfactorily completed the programs required by such
10  agreement, or any revision thereof, the board shall not require further
11  program participation. However, if the board determines that other per-
12  tinent information regarding the inmate warrants the inmate's not being
13  released on parole, the board shall state in writing the reasons for not
14  granting the parole. If parole is denied for an inmate sentenced for a
15  crime other than a class A or class B felony or an off-grid felony, the
16  board shall hold another parole hearing for the inmate not later than one
17  year after the denial unless the parole board finds that it is not reasonable
18  to expect that parole would be granted at a hearing if held in the next
19  three years or during the interim period of a deferral. In such case, the
20  parole board may defer subsequent parole hearings for up to three years
21  but any such deferral by the board shall require the board to state the
22  basis for its findings.  If parole is denied for an inmate sentenced for a
23  class A or class B felony or an off-grid felony, the board shall hold another
24  parole hearing for the inmate not later than three years after the denial
25  unless the parole board finds that it is not reasonable to expect that parole
26  would be granted at a hearing if held in the next 10 years or during the
27  interim period of a deferral. In such case, the parole board may defer
28  subsequent parole hearings for up to 10 years but any such deferral shall
29  require the board to state the basis for its findings.
30    (l)  Parolees and persons on postrelease supervision shall be assigned,
31  upon release, to the appropriate level of supervision pursuant to the cri-
32  teria established by the secretary of corrections.
33    (m)  The Kansas parole board shall adopt rules and regulations in
34  accordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
35  consistent with the law and as it may deem proper or necessary, with
36  respect to the conduct of parole hearings, postrelease supervision reviews,
37  revocation hearings, orders of restitution and other conditions to be im-
38  posed upon parolees or releasees. Whenever an order for parole or post-
39  release supervision is issued it shall recite the conditions thereof.
40    (n)  Whenever the Kansas parole board orders the parole of an inmate
41  or establishes conditions for an inmate placed on postrelease supervision,
42  the board:
43    (1)  Unless it finds compelling circumstances which would render a
HB 2274
                                     

 1  plan of payment unworkable, shall order as a condition of parole or post-
 2  release supervision that the parolee or the person on postrelease super-
 3  vision pay any transportation expenses resulting from returning the pa-
 4  rolee or the person on postrelease supervision to this state to answer
 5  criminal charges or a warrant for a violation of a condition of probation,
 6  assignment to a community correctional services program, parole, con-
 7  ditional release or postrelease supervision;
 8    (2)  to the extent practicable, shall order as a condition of parole or
 9  postrelease supervision that the parolee or the person on postrelease su-
10  pervision make progress towards or successfully complete the equivalent
11  of a secondary education if the inmate has not previously completed such
12  educational equivalent and is capable of doing so; and
13    (3)  may order that the parolee or person on postrelease supervision
14  perform community or public service work for local governmental agen-
15  cies, private corporations organized not-for-profit or charitable or social
16  service organizations performing services for the community.
17    (o)  If the court which sentenced an inmate specified at the time of
18  sentencing the amount and the recipient of any restitution ordered as a
19  condition of parole or postrelease supervision, the Kansas parole board
20  shall order as a condition of parole or postrelease supervision that the
21  inmate pay restitution in the amount and manner provided in the journal
22  entry unless the board finds compelling circumstances which would ren-
23  der a plan of restitution unworkable. If the parolee was sentenced before
24  July 1, 1986, and the court did not specify at the time of sentencing the
25  amount and the recipient of any restitution ordered as a condition of
26  parole, the parole board shall order as a condition of parole that the
27  parolee make restitution for the damage or loss caused by the parolee's
28  crime in an amount and manner determined by the board unless the
29  board finds compelling circumstances which would render a plan of res-
30  titution unworkable. If the parolee was sentenced on or after July 1, 1986,
31  and the court did not specify at the time of sentencing the amount and
32  the recipient of any restitution ordered as a condition of parole or post-
33  release supervision, the parole board shall not order restitution as a con-
34  dition of parole or postrelease supervision unless the board finds com-
35  pelling circumstances which justify such an order.
36    (p)  Whenever the Kansas parole board grants the parole of an inmate,
37  the board, within 10 days of the date of the decision to grant parole, shall
38  give written notice of the decision to the county or district attorney of the
39  county where the inmate was sentenced.
40    (q)  When an inmate is to be released on postrelease supervision, the
41  secretary, within 30 days prior to release, shall provide the county or
42  district attorney of the county where the inmate was sentenced written
43  notice of the release date.
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 1    (r)  Inmates shall be released on postrelease supervision upon the ter-
 2  mination of the prison portion of their sentence. Time served while on
 3  postrelease supervision will vest.
 4    (s)  An inmate who is allocated regular good time credits as provided
 5  in K.S.A. 22-3725 and amendments thereto may receive meritorious good
 6  time credits in increments of not more than 90 days per meritorious act.
 7  These credits may be awarded by the secretary of corrections when an
 8  inmate has acted in a heroic or outstanding manner in coming to the
 9  assistance of another person in a life threatening situation, preventing
10  injury or death to a person, preventing the destruction of property or
11  taking actions which result in a financial savings to the state.
12    Sec. 2.  K.S.A. 1996 Supp. 22-3717 is hereby repealed.
13    Sec. 3.  This act shall take effect and be in force from and after its
14  publication in the statute book.