As Amended by House Commettee
Session of 1997
HOUSE BILL No. 2367
By Representatives Ballou, Beggs, Bradley, Campbell, Cox,
Dahl,
Dreher,
Faber, Farmer, Franklin, Geringer, Glasscock, Hayzlett,
Horst,
Huff, Humerickhouse, Hutchins, Johnson, Landwehr, Lloyd,
P. Long,
Mayans, Mays, McCreary, Mollenkamp, Myers, Palmer, J.
Peterson,
Powers, Shore, Sloan, Stone, Tanner, Toplikar, Vickrey, Vin-
ing, Wilk
and Wilson
2-14
15
AN ACT concerning crimes and punishment; relating to
the unlawful sale
16 and manufacturing of
controlled substances; amending K.S.A. 1996
17 1997 Supp.
21-4705, 22-3717, 65-4159, 65-4161 and 65-4163 and re-
18 pealing the existing
sections.
19
20 Be it enacted by the Legislature of the
State of Kansas:
21 New Section 1. (a)
For purposes of sentencing pursuant to this act,
22 substances and quantities shall be as
follows:
23 (1) 100 grams or more of
a mixture or substance containing a de-
24 tectable amount of heroin;
25 (2) 500 grams or more of
a mixture or substance containing a de-
26 tectable amount of:
27 (A) Coca leaves, except
coca leaves and extracts of coca leaves from
28 which cocaine, ecgonine and derivatives of
ecgonine or their salts have
29 been removed;
30 (B) cocaine, its salts,
optical and geometric isomers, and salts of iso-
31 mers;
32 (C) ecgonine, its
derivatives, their salts, isomers and salts of isomers;
33 or
34 (D) any compound,
mixture or preparation which contains any quan-
35 tity of any of the substances referred to
in subparagraph (A) through (C);
36 (3) five grams
or more of a mixture or substance described in clause
37 (ii) which contains cocaine
base;
38 (4)
(3) 10 grams or more of phencyclidine (PCP) or 100
grams or
39 more of a mixture or substance containing a
detectable amount of phen-
40 cyclidine (PCP);
41 (5)
(4) .5 gram 100 dosage units or
more of a mixture or substance
42 containing a detectable amount of lysergic
acid diethylamide (LSD);
43 (6)
(5) 40 grams or more of a mixture or substance
containing a de-
HB 2367--Am.
2
1 tectable amount of N-phenyl-N- (1-
(2-phenylethyl) -4-piperidinyl) pro-
2 panamide or 10 grams or more of a
mixture or substance containing a
3 detectable amount of any analogue of
N-pheny propanamide;
4 (7)
(6) 100 kilograms or more of a mixture or substance
containing a
5 detectable amount of marijuana, or
100 or more marijuana plants regard-
6 less of weight; or
7 (8)
(7) 10 grams or more of methamphetamine, its salts,
isomers and
8 salts of its isomers or 100 grams or
more of a mixture or substance con-
9 taining a detectable amount of
methamphetamine, its salts, isomers or
10 salts of its isomers.
11 (b) The scale amounts
for all controlled substances in this section
12 refer to the total weight of the controlled
substance. If any mixture of a
13 compound contains any detectable amount of
a controlled substance, the
14 entire amount of the mixture or compound
shall be considered in meas-
15 uring the quantity. If a mixture or
compound contains a detectable
16 amount of more than one controlled
substance, the most serious con-
17 trolled substance shall determine the
categorization of the entire quantity.
18 New Sec. 2. (a)
When Except as provided further, when it is
pro-
19 vided by law that a person shall be
sentenced pursuant to this section,
20 such person shall be sentenced to
imprisonment for life and shall not be
21 eligible for probation or suspension,
modification or reduction of sen-
22 tence. Any reduction in sentence may
only be given if the prose-
23 cutor certifies to the court that the
defendant has provided sub-
24 stantial assistance to the
state.
25 (b) Except as provided
in subsection (c) in addition, a person sen-
26 tenced pursuant to this section shall not
be eligible for parole prior to
27 serving 15 years' imprisonment, and such 15
years' imprisonment shall
28 not be reduced by the application of good
time credits.
29 (c) If the person's
crime of conviction and criminal history place such
30 person in drug grid blocks 1-A, 1-B
or 1-C, a person sentenced pursuant
31 to this section shall not be eligible for
parole prior to serving the amount
32 of months in such grid blocks sentencing
range as established by the
33 sentencing judge.
34 (d) Upon sentencing a
defendant pursuant to this section, the court
35 shall commit the defendant to the custody
of the secretary of corrections
36 and the court shall state in the sentencing
order of the judgment form or
37 journal entry, whichever is delivered with
the defendant to the correc-
38 tional institution, that the defendant has
been sentenced pursuant to this
39 section. The provisions of this section
shall be applicable to crimes com-
40 mitted on or after July 1,
1997 1998.
41
Sec. 3. K.S.A. 1996 Supp. 21-4705 is hereby
amended to read as
42 follows: 21-4705. (a) For the
purpose of sentencing, the following sen-
43 tencing guidelines grid for drug
crimes shall be applied in felony cases
HB 2367--Am.
3
1 under the uniform controlled
substances act for crimes committed on or
2 after July 1,
1993:
HB 2367--Am.
4
1
HB 2367--Am.
5
1 (b) The
provisions of subsection (a) will apply for the purpose
of
2 sentencing violations of the
uniform controlled substances act except as
3 otherwise provided by law.
Sentences expressed in the sentencing guide-
4 lines grid for drug crimes in
subsection (a) represent months of impris-
5 onment.
6
(c) (1) The sentencing court has discretion to sentence
at any place
7 within the sentencing range.
The sentencing judge shall select the center
8 of the range in the usual
case and reserve the upper and lower limits for
9 aggravating and mitigating
factors insufficient to warrant a departure.
10 (2) In
presumptive imprisonment cases, the sentencing court
shall
11 pronounce the complete sentence
which shall include the prison sen-
12 tence, the maximum potential
reduction to such sentence as a result of
13 good time and the period of
postrelease supervision at the sentencing
14 hearing. Failure to pronounce the
period of postrelease supervision shall
15 not negate the existence of such
period of postrelease supervision.
16 (3) In
presumptive nonprison cases, the sentencing court shall
pro-
17 nounce the prison sentence as well
as the duration of the nonprison sanc-
18 tion at the sentencing
hearing.
19 (d) Each grid
block states the presumptive sentencing range for an
20 offender whose crime of conviction
and criminal history place
places such
21 offender in that grid block. If an
offense is classified in a grid block below
22 the dispositional line, the
presumptive disposition shall be nonimprison-
23 ment. If an offense is classified
in a grid block above the dispositional
24 line, the presumptive disposition
shall be imprisonment. If an offense is
25 classified in grid blocks 3-E, 3-F,
3-G, 3-H, 3-I, 4-E or 4-F, the court
26 may impose an optional nonprison
sentence upon making the following
27 findings on the
record:
28 (1) An
appropriate treatment program exists which is likely to
be
29 more effective than the presumptive
prison term in reducing the risk of
30 offender recidivism;
and
31 (2) the
recommended treatment program is available and the of-
32 fender can be admitted to such
program within a reasonable period of
33 time; or
34 (3) the
nonprison sanction will serve community safety interests
by
35 promoting offender
reformation.
36 Any decision made by
the court regarding the imposition of an optional
37 nonprison sentence if the offense
is classified in grid blocks 3-E, 3-F, 3-
38 G, 3-H, 3-I, 4-E or 4-F shall not
be considered a departure and shall not
39 be subject to appeal.
40
(e) The sentence for a violation of subsection (e)
of K.S.A. 65-4159,
41 subsection (g) of K.S.A. 1996
Supp. 65-4161 and subsection (e) of K.S.A.
42 1996 Supp. 65-4163, and
amendments thereto, shall be as provided by
43 the specific mandatory
sentencing requirements of that section and shall
HB 2367--Am.
6
1 not be subject to the
provisions of this section or K.S.A. 21-4708, and
2 amendments
thereto.
3
Sec. 4. K.S.A. 1996 Supp. 22-3717 is hereby amended to
read as
4 follows: 22-3717. (a) Except
as otherwise provided by this section, K.S.A.
5 1993 Supp. 21-4628 prior to
its repeal and,
K.S.A. 21-4635 through 21-
6 4638 and
section 2 and amendments thereto, an inmate,
including an
7 inmate sentenced pursuant to
K.S.A. 21-4618 and amendments thereto,
8 shall be eligible for parole
after serving the entire minimum sentence
9 imposed by the court, less
good time credits.
10
(b) (1) Except as provided by K.S.A. 21-4635 through
21-4638 and
11 amendments thereto, an inmate
sentenced to imprisonment for the crime
12 of capital murder, or an inmate
sentenced for the crime of murder in the
13 first degree based upon a finding
of premeditated murder, committed on
14 or after July 1, 1994, shall be
eligible for parole after serving 25 years of
15 confinement, without deduction of
any good time credits.
16 (2) Except as
provided by subsection (b)(1) or (b)(4), K.S.A. 1993
17 Supp. 21-4628 prior to its repeal
and K.S.A. 21-4635 through 21-4638,
18 and amendments thereto, an inmate
sentenced to imprisonment for an
19 off-grid offense committed on or
after July 1, 1993, shall be eligible for
20 parole after serving 15 years of
confinement, without deduction of any
21 good time credits.
22 (3) Except as
provided by K.S.A. 1993 Supp. 21-4628 prior to its
23 repeal, an inmate sentenced for a
class A felony committed before July
24 1, 1993, including an inmate
sentenced pursuant to K.S.A. 21-4618 and
25 amendments thereto, shall be
eligible for parole after serving 15 years of
26 confinement, without deduction of
any good time credits.
27 (4) An inmate
sentenced to imprisonment for a violation of subsec-
28 tion (a) of K.S.A. 21-3402 and
amendments thereto committed on or after
29 July 1, 1996, shall be eligible for
parole after serving 10 years of confine-
30 ment without deduction of any good
time credits.
31 (c) Except as
provided in subsection (e), if an inmate is sentenced
to
32 imprisonment for more than one
crime and the sentences run consecu-
33 tively, the inmate shall be
eligible for parole after serving the total of:
34 (1) The
aggregate minimum sentences, as determined pursuant to
35 K.S.A. 21-4608 and amendments
thereto, less good time credits for those
36 crimes which are not class A
felonies; and
37 (2) an
additional 15 years, without deduction of good time
credits,
38 for each crime which is a class A
felony.
39
(d) (1) Persons sentenced for crimes, other than off-grid
crimes,
40 committed on or after July 1, 1993,
will not be eligible for parole, but will
41 be released to a mandatory period
of postrelease supervision upon com-
42 pletion of the prison portion of
their sentence as follows:
43 (A) Except as
provided in subparagraphs (C) and (D), persons sen-
HB 2367--Am.
7
1 tenced for nondrug severity
level 1 through 6 crimes and drug severity
2 levels 1 through 3 crimes
must serve 36 months, plus the amount of good
3 time earned and retained
pursuant to K.S.A. 21-4722 and amendments
4 thereto, on postrelease
supervision.
5 (B) Except
as provided in subparagraphs (C) and (D), persons sen-
6 tenced for nondrug severity
level 7 through 10 crimes and drug severity
7 level 4 crimes must serve 24
months, plus the amount of good time earned
8 and retained pursuant to
K.S.A. 21-4722 and amendments thereto, on
9 postrelease
supervision.
10 (C) (i) The
sentencing judge shall impose the postrelease
supervision
11 period provided in subparagraph
(d)(1)(A) or (d)(1)(B), unless the judge
12 finds substantial and compelling
reasons to impose a departure based
13 upon a finding that the current
crime of conviction was sexually violent
14 or sexually motivated. In that
event, departure may be imposed to extend
15 the postrelease supervision to a
period of up to 60 months.
16 (ii) If the
sentencing judge departs from the presumptive
postrelease
17 supervision period, the judge shall
state on the record at the time of
18 sentencing the substantial and
compelling reasons for the departure. De-
19 partures in this section are
subject to appeal pursuant to K.S.A. 21-4721
20 and amendments
thereto.
21 (iii) In
determining whether substantial and compelling reasons
exist,
22 the court shall
consider:
23 (a) Written
briefs or oral arguments submitted by either the
defend-
24 ant or the state;
25 (b) any evidence
received during the proceeding;
26 (c) the
presentence report, the victim's impact statement and
any
27 psychological evaluation as ordered
by the court pursuant to subsection
28 (e) of K.S.A. 21-4714 and
amendments thereto; and
29 (d) any other
evidence the court finds trustworthy and reliable.
30 (iv) The
sentencing judge may order that a psychological
evaluation
31 be prepared and the recommended
programming be completed by the
32 offender. The department of
corrections or the parole board shall ensure
33 that court ordered sex offender
treatment be carried out.
34 (v) In carrying
out the provisions of subparagraph (d)(1)(C), the
court
35 shall refer to K.S.A. 21-4718 and
amendments thereto.
36 (vi) Upon
petition, the parole board may provide for early
discharge
37 from the postrelease supervision
period upon completion of court-or-
38 dered programs and completion of
the presumptive postrelease super-
39 vision period, as determined by the
crime of conviction, pursuant to sub-
40 paragraph (d)(1)(A) or (B). Early
discharge from postrelease supervision
41 is at the discretion of the parole
board.
42 (vii) Persons
convicted of crimes deemed sexually violent or
sexually
43 motivated, shall be registered
according to the habitual sex offender reg-
HB 2367--Am.
8
1 istration act, K.S.A. 22-4901
through 22-4910 and amendments thereto.
2 (D) The
period of postrelease supervision provided in
subparagraphs
3 (A) and (B) may be reduced by
up to 12 months based on the offender's
4 compliance with conditions of
supervision and overall performance while
5 on postrelease supervision.
The reduction in the supervision period shall
6 be on an earned basis
pursuant to rules and regulations adopted by the
7 secretary of
corrections.
8 (E) In
cases where sentences for crimes from more than one
severity
9 level have been imposed, the
highest severity level offense will dictate
10 the period of postrelease
supervision. Supervision periods will not aggre-
11 gate.
12 (2) As used in
this section, ``sexually violent crime'' means:
13 (A) Rape, K.S.A.
21-3502, and amendments thereto;
14 (B) indecent
liberties with a child, K.S.A. 21-3503, and amendments
15 thereto;
16 (C) aggravated
indecent liberties with a child, K.S.A. 21-3504, and
17 amendments thereto;
18 (D) criminal
sodomy, subsection (a)(2) and (a)(3) of K.S.A.
21-3505,
19 and amendments
thereto;
20 (E) aggravated
criminal sodomy, K.S.A. 21-3506, and amendments
21 thereto;
22 (F) indecent
solicitation of a child, K.S.A. 21-3510, and
amendments
23 thereto;
24 (G) aggravated
indecent solicitation of a child, K.S.A. 21-3511, and
25 amendments thereto;
26 (H) sexual
exploitation of a child, K.S.A. 21-3516, and
amendments
27 thereto;
28 (I) aggravated
sexual battery, K.S.A. 21-3518, and amendments
29 thereto;
30 (J) any
conviction for a felony offense in effect at any time prior
to
31 the effective date of this act,
that is comparable to a sexually violent crime
32 as defined in subparagraphs (A)
through (I), or any federal or other state
33 conviction for a felony offense
that under the laws of this state would be
34 a sexually violent crime as defined
in this section;
35 (K) an attempt,
conspiracy or criminal solicitation, as defined in
36 K.S.A. 21-3301,
21-3302, and
21-3303, and amendments thereto, of a
37 sexually violent crime as defined
in this section; or
38 (L) any act
which at the time of sentencing for the offense has
been
39 determined beyond a reasonable
doubt to have been sexually motivated.
40 As used in this subparagraph,
``sexually motivated'' means that one of the
41 purposes for which the defendant
committed the crime was for the pur-
42 pose of the defendant's sexual
gratification.
43 (e) If an inmate
is sentenced to imprisonment for a crime committed
HB 2367--Am.
9
1 while on parole or
conditional release, the inmate shall be eligible for
2 parole as provided by
subsection (c), except that the Kansas parole board
3 may postpone the inmate's
parole eligibility date by assessing a penalty
4 not exceeding the period of
time which could have been assessed if the
5 inmate's parole or
conditional release had been violated for reasons
other
6 than conviction of a
crime.
7 (f) If a
person is sentenced to prison for a crime committed on
or
8 after July 1, 1993, while on
probation, parole, conditional release or in a
9 community corrections
program, for a crime committed prior to July 1,
10 1993, and the person is not
eligible for retroactive application of the
11 sentencing guidelines and
amendments thereto pursuant to K.S.A. 21-
12 4724 and amendments thereto, the
new sentence shall not be aggregated
13 with the old sentence, but shall
begin when the person is paroled or
14 reaches the conditional release
date on the old sentence. If the offender
15 was past the offender's conditional
release date at the time the new of-
16 fense was committed, the new
sentence shall not be aggregated with the
17 old sentence but shall begin when
the person is ordered released by the
18 Kansas parole board or reaches the
maximum sentence expiration date
19 on the old sentence, whichever is
earlier. The new sentence shall then
20 be served as otherwise provided by
law. The period of postrelease su-
21 pervision shall be based on the new
sentence, except that those offenders
22 whose old sentence is a term of
imprisonment for life, imposed pursuant
23 to K.S.A. 1993 Supp. 21-4628 prior
to its repeal, or an indeterminate
24 sentence with a maximum term of
life imprisonment, for which there is
25 no conditional release or maximum
sentence expiration date, shall remain
26 on postrelease supervision for life
or until discharged from supervision
27 by the Kansas parole
board.
28 (g) Subject to
the provisions of this section, the Kansas parole
board
29 may release on parole those persons
confined in institutions who are el-
30 igible for parole when: (1) The
board believes that the inmate should be
31 released for hospitalization, for
deportation or to answer the warrant or
32 other process of a court and is of
the opinion that there is reasonable
33 probability that the inmate can be
released without detriment to the com-
34 munity or to the inmate; or (2) the
secretary of corrections has reported
35 to the board in writing that the
inmate has satisfactorily completed the
36 programs required by any agreement
entered under K.S.A. 75-5210a and
37 amendments thereto, or any revision
of such agreement, and the board
38 believes that the inmate is able
and willing to fulfill the obligations of a
39 law abiding citizen and is of the
opinion that there is reasonable proba-
40 bility that the inmate can be
released without detriment to the community
41 or to the inmate. Parole shall not
be granted as an award of clemency and
42 shall not be considered a reduction
of sentence or a pardon.
43 (h) The Kansas
parole board shall hold a parole hearing during the
HB 2367--Am.
10
1 month prior to the month an
inmate will be eligible for parole under
2 subsections (a), (b) and (c).
At least the month preceding the parole hear-
3 ing, the county or district
attorney of the county where the inmate was
4 convicted shall give written
notice of the time and place of the public
5 comment sessions for the
inmate to any victim of the inmate's crime who
6 is alive and whose address is
known to the county or district attorney or,
7 if the victim is deceased, to
the victim's family if the family's address is
8 known to the county or
district attorney. Except as otherwise provided,
9 failure to notify pursuant to
this section shall not be a reason to postpone
10 a parole hearing. In the case of
any inmate convicted of a class A
felony,
11 the secretary of corrections shall
give written notice of the time and place
12 of the public comment session for
such inmate at least one month pre-
13 ceding the public comment session
to any victim of such inmate's crime
14 or the victim's family pursuant to
K.S.A. 74-7338 and amendments
15 thereto. If notification is not
given to such victim or such victim's family
16 in the case of any inmate convicted
of a class A felony, the board shall
17 postpone a decision on parole of
the inmate to a time at least 30 days
18 after notification is given as
provided in this section. Nothing in this sec-
19 tion shall create a cause of action
against the state or an employee of the
20 state acting within the scope of
the employee's employment as a result
21 of the failure to notify pursuant
to this section. If granted parole, the
22 inmate may be released on parole on
the date specified by the board, but
23 not earlier than the date the
inmate is eligible for parole under subsec-
24 tions (a), (b) and (c). At each
parole hearing and, if parole is not granted,
25 at such intervals thereafter as it
determines appropriate, the Kansas parole
26 board shall consider: (1) Whether
the inmate has satisfactorily completed
27 the programs required by any
agreement entered under K.S.A. 75-5210a
28 and amendments thereto, or any
revision of such agreement; and (2) all
29 pertinent information regarding
such inmate, including, but not limited
30 to, the circumstances of the
offense of the inmate; the presentence report;
31 the previous social history and
criminal record of the inmate; the conduct,
32
employment, and attitude
of the inmate in prison; the reports of such
33 physical and mental examinations as
have been made; comments of the
34 victim and the victim's family;
comments of the public; official comments;
35 and capacity of state correctional
institutions.
36 (i) In those
cases involving inmates sentenced for a crime
committed
37 after July 1, 1993, the parole
board will review the inmates' proposed
38 release plan. The board may
schedule a hearing if they desire. The board
39 may impose any condition they deem
necessary to insure
ensure public
40 safety, aid in the reintegration of
the inmate into the community, or items
41 not completed under the agreement
entered into under K.S.A. 75-5210a
42 and amendments thereto. The board
may not advance or delay an in-
43 mate's release date. Every inmate
while on postrelease supervision shall
HB 2367--Am.
11
1 remain in the legal custody
of the secretary of corrections and is subject
2 to the orders of the
secretary.
3 (j) Within
a reasonable time after an inmate is committed to the
cus-
4 tody of the secretary of
corrections, a member of the Kansas parole
board,
5 or a designee of the board,
shall hold an initial informational hearing with
6 such inmate and other
inmates.
7 (k) Before
ordering the parole of any inmate, the Kansas parole
board
8 shall have the inmate appear
before it and shall interview the inmate
9 unless impractical because of
the inmate's physical or mental condition
10 or absence from the institution.
Every inmate while on parole shall remain
11 in the legal custody of the
secretary of corrections and is subject to the
12 orders of the secretary. Whenever
the Kansas parole board formally con-
13 siders placing an inmate on parole
and no agreement has been entered
14 into with the inmate under K.S.A.
75-5210a and amendments thereto,
15 the board shall notify the inmate
in writing of the reasons for not granting
16 parole. If an agreement has been
entered under K.S.A. 75-5210a and
17 amendments thereto and the inmate
has not satisfactorily completed the
18 programs specified in the
agreement, or any revision of such agreement,
19 the board shall notify the inmate
in writing of the specific programs the
20 inmate must satisfactorily complete
before parole will be granted. If pa-
21 role is not granted only because of
a failure to satisfactorily complete such
22 programs, the board shall grant
parole upon the secretary's certification
23 that the inmate has successfully
completed such programs. If an agree-
24 ment has been entered under K.S.A.
75-5210a and amendments thereto
25 and the secretary of corrections
has reported to the board in writing that
26 the inmate has satisfactorily
completed the programs required by such
27 agreement, or any revision thereof,
the board shall not require further
28 program participation. However, if
the board determines that other per-
29 tinent information regarding the
inmate warrants the inmate's not being
30 released on parole, the board shall
state in writing the reasons for not
31 granting the parole. If parole is
denied for an inmate sentenced for a
32 crime other than a class A or class
B felony or an off-grid felony, the
33 board shall hold another parole
hearing for the inmate not later than one
34 year after the denial unless the
parole board finds that it is not reasonable
35 to expect that parole would be
granted at a hearing if held in the next
36 three years or during the interim
period of a deferral. In such case, the
37 parole board may defer subsequent
parole hearings for up to three years
38 but any such deferral by the board
shall require the board to state the
39 basis for its findings. If parole
is denied for an inmate sentenced for a
40 class A or class B felony or an
off-grid felony, the board shall hold another
41 parole hearing for the inmate not
later than three years after the denial
42 unless the parole board finds that
it is not reasonable to expect that parole
43 would be granted at a hearing if
held in the next 10 years or during the
HB 2367--Am.
12
1 interim period of a deferral.
In such case, the parole board may defer
2 subsequent parole hearings
for up to 10 years but any such deferral shall
3 require the board to state
the basis for its findings.
4
(l) Parolees and persons on postrelease supervision shall be
assigned,
5 upon release, to the
appropriate level of supervision pursuant to the cri-
6 teria established by the
secretary of corrections.
7 (m) The
Kansas parole board shall adopt rules and regulations
in
8 accordance with K.S.A.
77-415 et seq., and
amendments thereto, not in-
9 consistent with the law and
as it may deem
deems proper or
necessary,
10 with respect to the conduct of
parole hearings, postrelease supervision
11 reviews, revocation hearings,
orders of restitution and other conditions to
12 be imposed upon parolees or
releasees. Whenever an order for parole or
13 postrelease supervision is issued
it shall recite the conditions thereof.
14 (n) Whenever the
Kansas parole board orders the parole of an inmate
15 or establishes conditions for an
inmate placed on postrelease supervision,
16 the board:
17 (1) Unless it
finds compelling circumstances which would render a
18 plan of payment unworkable, shall
order as a condition of parole or post-
19 release supervision that the
parolee or the person on postrelease super-
20 vision pay any transportation
expenses resulting from returning the pa-
21 rolee or the person on postrelease
supervision to this state to answer
22 criminal charges or a warrant for a
violation of a condition of probation,
23 assignment to a community
correctional services program, parole, con-
24 ditional release or postrelease
supervision;
25 (2) to the
extent practicable, shall order as a condition of parole
or
26 postrelease supervision that the
parolee or the person on postrelease su-
27 pervision
make makes
progress towards
toward or successfully
complete
28 completes
the equivalent of a secondary education if the inmate has
not
29 previously completed such
educational equivalent and is capable of doing
30 so; and
31 (3) may order
that the parolee or person on postrelease supervision
32 perform community or public service
work for local governmental agen-
33 cies, private corporations
organized not-for-profit or charitable or social
34 service organizations performing
services for the community.
35 (o) If the court
which sentenced an inmate specified at the time of
36 sentencing the amount and the
recipient of any restitution ordered as a
37 condition of parole or postrelease
supervision, the Kansas parole board
38 shall order as a condition of
parole or postrelease supervision that the
39 inmate pay restitution in the
amount and manner provided in the journal
40 entry unless the board finds
compelling circumstances which would ren-
41 der a plan of restitution
unworkable. If the parolee was sentenced before
42 July 1, 1986, and the court did not
specify at the time of sentencing the
43 amount and the recipient of any
restitution ordered as a condition of
HB 2367--Am.
13
1 parole, the parole board
shall order as a condition of parole that the
2 parolee make restitution for
the damage or loss caused by the parolee's
3 crime in an amount and manner
determined by the board unless the
4 board finds compelling
circumstances which would render a plan of res-
5 titution unworkable. If the
parolee was sentenced on or after July 1, 1986,
6 and the court did not specify
at the time of sentencing the amount and
7 the recipient of any
restitution ordered as a condition of parole or post-
8 release supervision, the
parole board shall not order restitution as a con-
9 dition of parole or
postrelease supervision unless the board finds com-
10 pelling circumstances which justify
such an order.
11 (p) Whenever the
Kansas parole board grants the parole of an inmate,
12 the board, within 10 days of the
date of the decision to grant parole, shall
13 give written notice of the decision
to the county or district attorney of the
14 county where the inmate was
sentenced.
15 (q) When an
inmate is to be released on postrelease supervision,
the
16 secretary, within 30 days prior to
release, shall provide the county or
17 district attorney of the county
where the inmate was sentenced written
18 notice of the release
date.
19 (r) Inmates
shall be released on postrelease supervision upon the
ter-
20 mination of the prison portion of
their sentence. Time served while on
21 postrelease supervision will
vest.
22 (s) An inmate
who is allocated regular good time credits as provided
23 in K.S.A. 22-3725 and amendments
thereto may receive meritorious good
24 time credits in increments of not
more than 90 days per meritorious act.
25 These credits may be awarded by the
secretary of corrections when an
26 inmate has acted in a heroic or
outstanding manner in coming to the
27 assistance of another person in a
life threatening situation, preventing
28 injury or death to a person,
preventing the destruction of property or
29 taking actions which result in a
financial savings to the state.
30
Sec. 3. K.S.A. 1997 Supp.
21-4705 is hereby amended to read
31 as follows: 21-4705. (a) For the purpose
of sentencing, the follow-
32 ing sentencing guidelines grid for drug
crimes shall be applied in
33 felony cases under the uniform
controlled substances act for
34 crimes committed on or after July 1,
1993:
HB 2367--Am.
14
1
HB 2367--Am.
15
1 (b) The
provisions of subsection (a) will apply for the purpose
2 of sentencing violations of the
uniform controlled substances act
3 except as otherwise provided by
law. Sentences expressed in the
4 sentencing guidelines grid for
drug crimes in subsection (a) rep-
5 resent months of
imprisonment.
6
(c) (1) The sentencing court has discretion to sentence
at any
7 place within the sentencing range.
The sentencing judge shall se-
8 lect the center of the range in
the usual case and reserve the upper
9 and lower limits for aggravating
and mitigating factors insufficient
10 to warrant a departure. The sentencing
court shall not distinguish
11 between the controlled substances
cocaine base (9041L000) and
12 cocaine hydrochloride (9041L005) when
sentencing within the
13 sentencing range of the grid
block.
14 (2) In presumptive
imprisonment cases, the sentencing court
15 shall pronounce the complete sentence
which shall include the
16 prison sentence, the maximum potential
reduction to such sen-
17 tence as a result of good time and the
period of postrelease su-
18 pervision at the sentencing hearing.
Failure to pronounce the pe-
19 riod of postrelease supervision shall
not negate the existence of
20 such period of postrelease
supervision.
21 (3) In presumptive
nonprison cases, the sentencing court shall
22 pronounce the prison sentence as well as
the duration of the non-
23 prison sanction at the sentencing
hearing.
24 (d) Each grid block
states the presumptive sentencing range
25 for an offender whose crime of
conviction and criminal history
26 place places
such offender in that grid block. If an offense is clas-
27 sified in a grid block below the
dispositional line, the presumptive
28 disposition shall be nonimprisonment. If
an offense is classified in
29 a grid block above the dispositional
line, the presumptive dispo-
30 sition shall be imprisonment. If an
offense is classified in grid
31 blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
4-F, the court may impose an
32 optional nonprison sentence upon making
the following findings
33 on the record:
34 (1) An appropriate
treatment program exists which is likely to
35 be more effective than the presumptive
prison term in reducing
36 the risk of offender recidivism;
and
37 (2) the recommended
treatment program is available and the
38 offender can be admitted to such program
within a reasonable
39 period of time; or
40 (3) the nonprison
sanction will serve community safety inter-
41 ests by promoting offender
reformation.
42 Any decision made by the
court regarding the imposition of an
43 optional nonprison sentence if the
offense is classified in grid
HB 2367--Am.
16
1 blocks 3-E, 3-F, 3-G, 3-H, 3-I,
4-E or 4-F shall not be considered
2 a departure and shall not be
subject to appeal.
3 (e) The
sentence for a violation of subsection (e) of K.S.A.
65-4159,
4 subsection (g) of K.S.A. 1997
Supp. 65-4161 and subsection (e) of K.S.A.
5 1997 Supp. 65-4163, and amendments
thereto, shall be as provided by
6 the specific mandatory sentencing
requirements of that section and shall
7 not be subject to the provisions
of this section or K.S.A 21-4708, and
8 amendments thereto.
9
Sec. 4. K.S.A. 1997 Supp. 22-3717 is hereby amended to
read
10 as follows: 22-3717. (a) Except as
otherwise provided by this sec-
11 tion, K.S.A. 1993 Supp. 21-4628 prior to
its repeal and, K.S.A. 21-
12 4635 through 21-4638 and section
2 and amendments thereto, an
13 inmate, including an inmate sentenced
pursuant to K.S.A. 21-4618
14 and amendments thereto, shall be
eligible for parole after serving
15 the entire minimum sentence imposed by
the court, less good time
16 credits.
17 (b) (1) Except
as provided by K.S.A. 21-4635 through 21-4638
18 and amendments thereto, an inmate
sentenced to imprisonment
19 for the crime of capital murder, or an
inmate sentenced for the
20 crime of murder in the first degree
based upon a finding of pre-
21 meditated murder, committed on or after
July 1, 1994, shall be
22 eligible for parole after serving 25
years of confinement, without
23 deduction of any good time
credits.
24 (2) Except as
provided by subsection (b)(1) or (b)(4), K.S.A.
25 1993 Supp. 21-4628 prior to its repeal
and K.S.A. 21-4635 through
26 21-4638, and amendments thereto, an
inmate sentenced to im-
27 prisonment for an off-grid offense
committed on or after July 1,
28 1993, shall be eligible for parole after
serving 15 years of confine-
29 ment, without deduction of any good time
credits.
30 (3) Except as
provided by K.S.A. 1993 Supp. 21-4628 prior to
31 its repeal, an inmate sentenced for a
class A felony committed be-
32 fore July 1, 1993, including an inmate
sentenced pursuant to K.S.A.
33 21-4618 and amendments thereto, shall be
eligible for parole after
34 serving 15 years of confinement, without
deduction of any good
35 time credits.
36 (4) An inmate
sentenced to imprisonment for a violation of sub-
37 section (a) of K.S.A. 21-3402 and
amendments thereto committed
38 on or after July 1, 1996, shall be
eligible for parole after serving
39 10 years of confinement without
deduction of any good time cred-
40 its.
41 (c) Except as
provided in subsection (e), if an inmate is sen-
42 tenced to imprisonment for more than one
crime and the sen-
43 tences run consecutively, the inmate
shall be eligible for parole
HB 2367--Am.
17
1 after serving the total
of:
2 (1) The
aggregate minimum sentences, as determined pursu-
3 ant to K.S.A. 21-4608 and
amendments thereto, less good time
4 credits for those crimes which are
not class A felonies; and
5 (2) an
additional 15 years, without deduction of good time
6 credits, for each crime which is a
class A felony.
7
(d) (1) Persons sentenced for crimes, other than
off-grid
8 crimes, committed on or after July
1, 1993, will not be eligible for
9 parole, but will be released to a
mandatory period of postrelease
10 supervision upon completion of the
prison portion of their sen-
11 tence as follows:
12 (A) Except as
provided in subparagraphs (C) and (D), persons
13 sentenced for nondrug severity level 1
through 6 crimes and drug
14 severity levels 1 through 3 crimes must
serve 36 months, plus the
15 amount of good time earned and retained
pursuant to K.S.A. 21-
16 4722 and amendments thereto, on
postrelease supervision.
17 (B) Except as
provided in subparagraphs (C) and (D), persons
18 sentenced for nondrug severity level 7
through 10 crimes and drug
19 severity level 4 crimes must serve 24
months, plus the amount of
20 good time earned and retained pursuant
to K.S.A. 21-4722 and
21 amendments thereto, on postrelease
supervision.
22 (C) (i) The
sentencing judge shall impose the postrelease su-
23 pervision period provided in
subparagraph (d)(1)(A) or (d)(1)(B),
24 unless the judge finds substantial and
compelling reasons to im-
25 pose a departure based upon a finding
that the current crime of
26 conviction was sexually violent or
sexually motivated. In that event,
27 departure may be imposed to extend the
postrelease supervision
28 to a period of up to 60 months.
29 (ii) If the
sentencing judge departs from the presumptive post-
30 release supervision period, the judge
shall state on the record at
31 the time of sentencing the substantial
and compelling reasons for
32 the departure. Departures in this
section are subject to appeal
33 pursuant to K.S.A. 21-4721 and
amendments thereto.
34 (iii) In determining
whether substantial and compelling rea-
35 sons exist, the court shall
consider:
36 (a) Written briefs or
oral arguments submitted by either the
37 defendant or the state;
38 (b) any evidence
received during the proceeding;
39 (c) the presentence
report, the victim's impact statement and
40 any psychological evaluation as ordered
by the court pursuant to
41 subsection (e) of K.S.A. 21-4714 and
amendments thereto; and
42 (d) any other
evidence the court finds trustworthy and reliable.
43 (iv) The sentencing
judge may order that a psychological eval-
HB 2367--Am.
18
1 uation be prepared and the
recommended programming be com-
2 pleted by the offender. The
department of corrections or the pa-
3 role board shall ensure that court
ordered sex offender treatment
4 be carried out.
5 (v) In carrying
out the provisions of subparagraph (d)(1)(C),
6 the court shall refer to K.S.A.
21-4718 and amendments thereto.
7 (vi) Upon
petition, the parole board may provide for early dis-
8 charge from the postrelease
supervision period upon completion
9 of court ordered programs and
completion of the presumptive
10 postrelease supervision period, as
determined by the crime of con-
11 viction, pursuant to subparagraph
(d)(1)(A) or (B). Early discharge
12 from postrelease supervision is at the
discretion of the parole
13 board.
14 (vii) Persons
convicted of crimes deemed sexually violent or
15 sexually motivated, shall be registered
according to the habitual
16 sex offender registration act, K.S.A.
22-4901 through 22-4910 and
17 amendments thereto.
18 (D) The period of
postrelease supervision provided in subpar-
19 agraphs (A) and (B) may be reduced by up
to 12 months based on
20 the offender's compliance with
conditions of supervision and over-
21 all performance while on postrelease
supervision. The reduction
22 in the supervision period shall be on an
earned basis pursuant to
23 rules and regulations adopted by the
secretary of corrections.
24 (E) In cases where
sentences for crimes from more than one
25 severity level have been imposed, the
highest severity level offense
26 will dictate the period of postrelease
supervision. Supervision per-
27 iods will not aggregate.
28 (2) As used in this
section, ``sexually violent crime'' means:
29 (A) Rape, K.S.A.
21-3502, and amendments thereto;
30 (B) indecent
liberties with a child, K.S.A. 21-3503, and amend-
31 ments thereto;
32 (C) aggravated
indecent liberties with a child, K.S.A. 21-3504,
33 and amendments thereto;
34 (D) criminal sodomy,
subsection (a)(2) and (a)(3) of K.S.A. 21-
35 3505 and amendments thereto;
36 (E) aggravated
criminal sodomy, K.S.A. 21-3506, and amend-
37 ments thereto;
38 (F) indecent
solicitation of a child, K.S.A. 21-3510, and amend-
39 ments thereto;
40 (G) aggravated
indecent solicitation of a child, K.S.A. 21-3511,
41 and amendments thereto;
42 (H) sexual
exploitation of a child, K.S.A. 21-3516, and amend-
43 ments thereto;
HB 2367--Am.
19
1 (I) aggravated
sexual battery, K.S.A. 21-3518, and amendments
2 thereto;
3 (J) any
conviction for a felony offense in effect at any time prior
4 to the effective date of this act,
that is comparable to a sexually
5 violent crime as defined in
subparagraphs (A) through (I), or any
6 federal or other state conviction
for a felony offense that under
7 the laws of this state would be a
sexually violent crime as defined
8 in this section;
9 (K) an attempt,
conspiracy or criminal solicitation, as defined
10 in K.S.A. 21-3301,
21-3302, and 21-3303, and amendments
thereto,
11 of a sexually violent crime as defined
in this section; or
12 (L) any act which at
the time of sentencing for the offense has
13 been determined beyond a reasonable
doubt to have been sexually
14 motivated. As used in this subparagraph,
``sexually motivated''
15 means that one of the purposes for which
the defendant committed
16 the crime was for the purpose of the
defendant's sexual gratifica-
17 tion.
18 (e) If an inmate is
sentenced to imprisonment for a crime com-
19 mitted while on parole or conditional
release, the inmate shall be
20 eligible for parole as provided by
subsection (c), except that the
21 Kansas parole board may postpone the
inmate's parole eligibility
22 date by assessing a penalty not
exceeding the period of time which
23 could have been assessed if the inmate's
parole or conditional re-
24 lease had been violated for reasons
other than conviction of a
25 crime.
26 (f) If a person is
sentenced to prison for a crime committed on
27 or after July 1, 1993, while on
probation, parole, conditional re-
28 lease or in a community corrections
program, for a crime com-
29 mitted prior to July 1, 1993, and the
person is not eligible for ret-
30 roactive application of the sentencing
guidelines and amendments
31 thereto pursuant to K.S.A. 21-4724 and
amendments thereto, the
32 new sentence shall not be aggregated
with the old sentence, but
33 shall begin when the person is paroled
or reaches the conditional
34 release date on the old sentence. If the
offender was past the of-
35 fender's conditional release date at the
time the new offense was
36 committed, the new sentence shall not be
aggregated with the old
37 sentence but shall begin when the person
is ordered released by
38 the Kansas parole board or reaches the
maximum sentence expi-
39 ration date on the old sentence,
whichever is earlier. The new sen-
40 tence shall then be served as otherwise
provided by law. The pe-
41 riod of postrelease supervision shall be
based on the new sentence,
42 except that those offenders whose old
sentence is a term of im-
43 prisonment for life, imposed pursuant to
K.S.A. 1993 Supp. 21-
HB 2367--Am.
20
1 4628 prior to its repeal, or an
indeterminate sentence with a max-
2 imum term of life imprisonment,
for which there is no conditional
3 release or maximum sentence
expiration date, shall remain on
4 postrelease supervision for life
or until discharged from supervi-
5 sion by the Kansas parole
board.
6 (g) Subject to
the provisions of this section, the Kansas parole
7 board may release on parole those
persons confined in institutions
8 who are eligible for parole when:
(1) The board believes that the
9 inmate should be released for
hospitalization, for deportation or
10 to answer the warrant or other process
of a court and is of the
11 opinion that there is reasonable
probability that the inmate can be
12 released without detriment to the
community or to the inmate; or
13 (2) the secretary of corrections has
reported to the board in writing
14 that the inmate has satisfactorily
completed the programs required
15 by any agreement entered under K.S.A.
75-5210a and amend-
16 ments thereto, or any revision of such
agreement, and the board
17 believes that the inmate is able and
willing to fulfill the obligations
18 of a law abiding citizen and is of the
opinion that there is reason-
19 able probability that the inmate can be
released without detriment
20 to the community or to the inmate.
Parole shall not be granted as
21 an award of clemency and shall not be
considered a reduction of
22 sentence or a pardon.
23 (h) The Kansas parole
board shall hold a parole hearing at least
24 the month prior to the month an inmate
will be eligible for parole
25 under subsections (a), (b) and (c). At
least the month preceding the
26 parole hearing, the county or district
attorney of the county where
27 the inmate was convicted shall give
written notice of the time and
28 place of the public comment sessions for
the inmate to any victim
29 of the inmate's crime who is alive and
whose address is known to
30 the county or district attorney or, if
the victim is deceased, to the
31 victim's family if the family's address
is known to the county or
32 district attorney. Except as otherwise
provided, failure to notify
33 pursuant to this section shall not be a
reason to postpone a parole
34 hearing. In the case of any inmate
convicted of a class A felony the
35 secretary of corrections shall give
written notice of the time and
36 place of the public comment session for
such inmate at least one
37 month preceding the public comment
session to any victim of such
38 inmate's crime or the victim's family
pursuant to K.S.A. 74-7338
39 and amendments thereto. If notification
is not given to such victim
40 or such victim's family in the case of
any inmate convicted of a
41 class A felony, the board shall postpone
a decision on parole of the
42 inmate to a time at least 30 days after
notification is given as pro-
43 vided in this section. Nothing in this
section shall create a cause of
HB 2367--Am.
21
1 action against the state or an
employee of the state acting within
2 the scope of the employee's
employment as a result of the failure
3 to notify pursuant to this
section. If granted parole, the inmate
4 may be released on parole on the
date specified by the board, but
5 not earlier than the date the
inmate is eligible for parole under
6 subsections (a), (b) and (c). At
each parole hearing and, if parole
7 is not granted, at such intervals
thereafter as it determines appro-
8 priate, the Kansas parole board
shall consider: (1) Whether the
9 inmate has satisfactorily
completed the programs required by any
10 agreement entered under K.S.A. 75-5210a
and amendments
11 thereto, or any revision of such
agreement; and (2) all pertinent
12 information regarding such inmate,
including, but not limited to,
13 the circumstances of the offense of the
inmate; the presentence
14 report; the previous social history and
criminal record of the in-
15 mate; the conduct, employment, and
attitude of the inmate in
16 prison; the reports of such physical and
mental examinations as
17 have been made; comments of the victim
and the victim's family;
18 comments of the public; official
comments; and capacity of state
19 correctional institutions.
20 (i) In those cases
involving inmates sentenced for a crime com-
21 mitted after July 1, 1993, the parole
board will review the inmates
22 proposed release plan. The board may
schedule a hearing if they
23 desire. The board may impose any
condition they deem necessary
24 to insure
ensure public safety, aid in the reintegration of the
inmate
25 into the community, or items not
completed under the agreement
26 entered into under K.S.A. 75-5210a and
amendments thereto. The
27 board may not advance or delay an
inmate's release date. Every
28 inmate while on postrelease supervision
shall remain in the legal
29 custody of the secretary of corrections
and is subject to the orders
30 of the secretary.
31 (j) Before ordering
the parole of any inmate, the Kansas parole
32 board shall have the inmate appear
before either in person or via
33 a video conferencing format and shall
interview the inmate unless
34 impractical because of the inmate's
physical or mental condition
35 or absence from the institution. Every
inmate while on parole shall
36 remain in the legal custody of the
secretary of corrections and is
37 subject to the orders of the secretary.
Whenever the Kansas parole
38 board formally considers placing an
inmate on parole and no
39 agreement has been entered into with the
inmate under K.S.A. 75-
40 5210a and amendments thereto, the board
shall notify the inmate
41 in writing of the reasons for not
granting parole. If an agreement
42 has been entered under K.S.A. 75-5210a
and amendments thereto
43 and the inmate has not satisfactorily
completed the programs spec-
HB 2367--Am.
22
1 ified in the agreement, or any
revision of such agreement, the
2 board shall notify the inmate in
writing of the specific programs
3 the inmate must satisfactorily
complete before parole will be
4 granted. If parole is not granted
only because of a failure to sat-
5 isfactorily complete such
programs, the board shall grant parole
6 upon the secretary's certification
that the inmate has successfully
7 completed such programs. If an
agreement has been entered un-
8 der K.S.A. 75-5210a and amendments
thereto and the secretary of
9 corrections has reported to the
board in writing that the inmate
10 has satisfactorily completed the
programs required by such agree-
11 ment, or any revision thereof, the board
shall not require further
12 program participation. However, if the
board determines that
13 other pertinent information regarding
the inmate warrants the in-
14 mate's not being released on parole, the
board shall state in writing
15 the reasons for not granting the parole.
If parole is denied for an
16 inmate sentenced for a crime other than
a class A or class B felony
17 or an off-grid felony, the board shall
hold another parole hearing
18 for the inmate not later than one year
after the denial unless the
19 parole board finds that it is not
reasonable to expect that parole
20 would be granted at a hearing if held in
the next three years or
21 during the interim period of a deferral.
In such case, the parole
22 board may defer subsequent parole
hearings for up to three years
23 but any such deferral by the board shall
require the board to state
24 the basis for its findings. If parole is
denied for an inmate sen-
25 tenced for a class A or class B felony
or an off-grid felony, the board
26 shall hold another parole hearing for
the inmate not later than
27 three years after the denial unless the
parole board finds that it is
28 not reasonable to expect that parole
would be granted at a hearing
29 if held in the next 10 years or during
the interim period of a de-
30 ferral. In such case, the parole board
may defer subsequent parole
31 hearings for up to 10 years but any such
deferral shall require the
32 board to state the basis for its
findings.
33 (k) Parolees and
persons on postrelease supervision shall be
34 assigned, upon release, to the
appropriate level of supervision pur-
35 suant to the criteria established by the
secretary of corrections.
36 (l) The Kansas parole
board shall adopt rules and regulations
37 in accordance with K.S.A. 77-415
et seq., and amendments thereto,
38 not inconsistent with the law and as
it may deem deems proper or
39 necessary, with respect to the conduct
of parole hearings, post-
40 release supervision reviews, revocation
hearings, orders of resti-
41 tution, reimbursement of expenditures by
the state board of indi-
42 gents' defense services and other
conditions to be imposed upon
43 parolees or releasees. Whenever an order
for parole or postrelease
HB 2367--Am.
23
1 supervision is issued it shall
recite the conditions thereof.
2 (m) Whenever
the Kansas parole board orders the parole of an
3 inmate or establishes conditions
for an inmate placed on post-
4 release supervision, the
board:
5 (1) Unless it
finds compelling circumstances which would ren-
6 der a plan of payment unworkable,
shall order as a condition of
7 parole or postrelease supervision
that the parolee or the person
8 on postrelease supervision pay any
transportation expenses re-
9 sulting from returning the parolee
or the person on postrelease
10 supervision to this state to answer
criminal charges or a warrant
11 for a violation of a condition of
probation, assignment to a com-
12 munity correctional services program,
parole, conditional release
13 or postrelease supervision;
14 (2) to the extent
practicable, shall order as a condition of pa-
15 role or postrelease supervision that the
parolee or the person on
16 postrelease supervision
make makes progress
towards toward or suc-
17 cessfully complete
completes the equivalent of a secondary educa-
18 tion if the inmate has not previously
completed such educational
19 equivalent and is capable of doing
so;
20 (3) may order that
the parolee or person on postrelease super-
21 vision perform community or public
service work for local govern-
22 mental agencies, private corporations
organized not-for-profit or
23 charitable or social service
organizations performing services for
24 the community;
25 (4) may order the
parolee or person on postrelease supervision
26 to pay the administrative fee imposed
pursuant to K.S.A. 1997
27 Supp. 22-4529 unless the board finds
compelling circumstances
28 which would render payment unworkable;
and
29 (5) unless it finds
compelling circumstances which would ren-
30 der a plan of payment unworkable, shall
order that the parolee or
31 person on postrelease supervision
reimburse the state for all or
32 part of the expenditures by the state
board of indigents' defense
33 services to provide counsel and other
defense services to the per-
34 son. In determining the amount and
method of payment of such
35 sum, the parole board shall take account
of the financial resources
36 of the person and the nature of the
burden that the payment of
37 such sum will impose. Such amount shall
not exceed the amount
38 claimed by appointed counsel on the
payment voucher for indi-
39 gents' defense services or the amount
prescribed by the board of
40 indigents' defense services
reimbursement tables as provided in
41 K.S.A. 22-4522 and amendments thereto,
whichever is less, minus
42 any previous payments for such
services.
43 (n) If the court
which sentenced an inmate specified at the time
HB 2367--Am.
24
1 of sentencing the amount and the
recipient of any restitution or-
2 dered as a condition of parole or
postrelease supervision, the Kan-
3 sas parole board shall order as a
condition of parole or postrelease
4 supervision that the inmate pay
restitution in the amount and man-
5 ner provided in the journal entry
unless the board finds compelling
6 circumstances which would render a
plan of restitution unworka-
7 ble.
8 (o) Whenever
the Kansas parole board grants the parole of an
9 inmate, the board, within 10 days
of the date of the decision to
10 grant parole, shall give written notice
of the decision to the county
11 or district attorney of the county where
the inmate was sentenced.
12 (p) When an inmate is
to be released on postrelease supervi-
13 sion, the secretary, within 30 days
prior to release, shall provide
14 the county or district attorney of the
county where the inmate was
15 sentenced written notice of the release
date.
16 (q) Inmates shall be
released on postrelease supervision upon
17 the termination of the prison portion of
their sentence. Time
18 served while on postrelease supervision
will vest.
19 (r) An inmate who is
allocated regular good time credits as pro-
20 vided in K.S.A. 22-3725 and amendments
thereto may receive mer-
21 itorious good time credits in increments
of not more than 90 days
22 per meritorious act. These credits may
be awarded by the secre-
23 tary of corrections when an inmate has
acted in a heroic or out-
24 standing manner in coming to the
assistance of another person in
25 a life threatening situation, preventing
injury or death to a person,
26 preventing the destruction of property
or taking actions which re-
27 sult in a financial savings to the
state.
28 Sec. 5. K.S.A.
1996 1997 Supp. 65-4159 is hereby amended
to read
29 as follows: 65-4159. (a) Except as
authorized by the uniform controlled
30 substances act, it shall be unlawful for
any person to manufacture any
31 controlled substance or controlled
substance analog.
32 (b) Except as
otherwise provided, any person violating the provisions
33 of this section with respect to the
unlawful manufacturing or attempting
34 to unlawfully manufacture any controlled
substance or controlled sub-
35 stance analog, upon conviction, is guilty
of:
36 (1) A drug severity
level 2 felony upon conviction for a first offense;
37 (2) a drug severity
level 1 felony upon conviction for a second offense
38 or subsequent offense and the sentence for
which shall not be subject to
39 statutory provisions for suspended
sentence, community work service, or
40 probation.
41 (c) The provisions of
subsection (d) of K.S.A. 21-3301, and amend-
42 ments thereto, shall not apply to a
violation of attempting to unlawfully
43 manufacture any controlled substance
pursuant to this section.
HB 2367--Am.
25
1
(d) Notwithstanding any other provision of law, upon
conviction of
2 any person for violating subsection
(a), such person shall be guilty of a
3 drug severity level 1 felony if such
person is 18 or more years of age and
4 the substances involved were
manufactured within 1,000 feet of any
5 school property upon which is located
a structure used by a unified school
6 district or an accredited nonpublic
school for student instruction or at-
7 tendance or extracurricular
activities of pupils enrolled in kindergarten
8 or any of the grades one through
12.
9 Nothing in this
subsection shall be construed as requiring that school
10 be in session or that classes are actually
being held at the time of the
11 offense or that children must be present
within the structure or on the
12 property during the time of any alleged
criminal act. If the structure or
13 property meets the description above, the
actual use of that structure or
14 property at the time alleged shall not be a
defense to the crime charged
15 or the sentence imposed.
16 (e) Notwithstanding
any other provision of law, upon conviction of
17 any person for violating subsection (a)
in which the substances involved
18 were equal to or greater than the
amounts for such substances as specified
19 in section 1, and amendments thereto,
the person shall be sentenced to
20 imprisonment for life pursuant to
section 2, and amendments thereto.
21 Sec. 6. K.S.A.
1996 1997 Supp. 65-4161 is hereby amended
to read
22 as follows: 65-4161. (a) Except as
otherwise provided or as authorized by
23 the uniform controlled substances act, it
shall be unlawful for any person
24 to sell, offer for sale or have in such
person's possession with intent to
25 sell, deliver or distribute; prescribe;
administer; deliver; distribute; dis-
26 pense or compound any opiates, opium or
narcotic drugs, or any stimulant
27 designated in subsection (d)(1), (d)(3) or
(f)(1) of K.S.A. 65-4107 and
28 amendments thereto. Except as provided in
subsections (b), (c) and (d),
29 any person who violates this subsection
shall be guilty of a drug severity
30 level 3 felony.
31 (b) If any person who
violates this section has one prior conviction
32 under this section or a conviction for a
substantially similar offense from
33 another jurisdiction, then that person
shall be guilty of a drug severity
34 level 2 felony.
35 (c) If any person who
violates this section has two or more prior
36 convictions under this section or
substantially similar offenses under the
37 laws of another jurisdiction, then such
person shall be guilty of a drug
38 severity level 1 felony.
39 (d) Notwithstanding any
other provision of law, upon conviction of
40 any person for a first offense pursuant to
subsection (a), such person shall
41 be guilty of a drug severity level 2 felony
if such person is 18 or more
42 years of age and the substances involved
were possessed with intent to
43 sell, deliver or distribute; sold or
offered for sale in or on, or within 1,000
HB 2367--Am.
26
1 feet of any school property upon
which is located a structure used by a
2 unified school district or an
accredited nonpublic school for student in-
3 struction or attendance or
extracurricular activities of pupils enrolled in
4 kindergarten or any of the grades one
through 12.
5 Nothing in this
subsection shall be construed as requiring that school
6 be in session or that classes are
actually being held at the time of the
7 offense or that children must be
present within the structure or on the
8 property during the time of any
alleged criminal act. If the structure or
9 property meets the description above,
the actual use of that structure or
10 property at the time alleged shall not be a
defense to the crime charged
11 or the sentence imposed.
12 (e) It shall not be a
defense to charges arising under this section that
13 the defendant was acting in an agency
relationship on behalf of any other
14 party in a transaction involving a
controlled substance.
15 (f) For purposes of the
uniform controlled substances act, the pro-
16 hibitions contained in this section shall
apply to controlled substance an-
17 alogs as defined in subsection (bb) of
K.S.A. 65-4101 and amendments
18 thereto.
19 (g) Notwithstanding
any other provision of law, upon conviction of
20 any person for violating subsection (a)
in which the substances involved
21 were equal to or greater than the
amounts for such substances as specified
22 in section 1, and amendments thereto,
the person shall be sentenced to
23 imprisonment for life pursuant to
section 2, and amendments thereto.
24 (h) The provisions of
this section shall be part of and supplemental
25 to the uniform controlled substances
act.
26 Sec. 7. K.S.A.
1996 1997 Supp. 65-4163 is hereby amended
to read
27 as follows: 65-4163. (a) Except as
otherwise provided or as authorized by
28 the uniform controlled substances act, it
shall be unlawful for any person
29 to sell, offer for sale or have in such
person's possession with the intent
30 to sell, deliver or distribute; cultivate;
prescribe; administer; deliver; dis-
31 tribute; dispense or compound:
32 (1) Any depressant
designated in subsection (e) of K.S.A. 65-4105,
33 subsection (e) of K.S.A. 65-4107,
subsection (b) or (c) of K.S.A. 65-4109
34 or subsection (b) of K.S.A. 65-4111, and
amendments thereto;
35 (2) any stimulant
designated in subsection (f) of K.S.A. 65-4105, sub-
36 section (d)(2), (d)(4) or (f)(2) of K.S.A.
65-4107 or subsection (e) of K.S.A.
37 65-4109, and amendments thereto;
38 (3) any hallucinogenic
drug designated in subsection (d) of K.S.A. 65-
39 4105, and amendments thereto or designated
in subsection (g) of K.S.A.
40 65-4107 and amendments thereto;
41 (4) any substance
designated in subsection (g) of K.S.A. 65-4105, and
42 amendments thereto, and designated in
subsection (c), (d), (e), (f) or (g)
43 of K.S.A. 65-4111, and amendments thereto;
or
HB 2367--Am.
27
1 (5) any anabolic
steroids as defined in subsection (f) of K.S.A. 65-
2 4109, and amendments thereto.
3 Except as provided in
subsection (b), any person who violates this sub-
4 section shall be guilty of a drug
severity level 3 felony.
5
(b) Notwithstanding any other provision of law, upon
conviction of
6 any person pursuant to subsection (a)
for an offense in which the sub-
7 stances involved were possessed with
intent to sell, sold or offered for
8 sale in or on, or within 1,000 feet
of any school property upon which is
9 located a structure used by a unified
school district or an accredited non-
10 public school for student instruction or
attendance or extracurricular ac-
11 tivities of pupils enrolled in kindergarten
or any of the grades one through
12 12 and such person is 18 or more years of
age, such person shall be guilty
13 of a drug severity level 2 felony.
14 Nothing in this subsection
shall be construed as requiring that school
15 be in session or that classes are actually
being held at the time of the
16 offense or that children must be present
within the structure or on the
17 property during the time of any alleged
criminal act. If the structure or
18 property meets the description above, the
actual use of that structure or
19 property at the time alleged shall not be a
defense to the crime charged
20 or the sentence imposed.
21 (c) It shall not be a
defense to charges arising under this section that
22 the defendant was acting in an agency
relationship on behalf of any other
23 party in a transaction involving a
controlled substance.
24 (d) For purposes of the
uniform controlled substances act, the pro-
25 hibitions contained in this section shall
apply to controlled substance an-
26 alogs as defined in subsection (bb) of
K.S.A. 65-4101 and amendments
27 thereto.
28 (e) Notwithstanding
any other provision of law, upon conviction of
29 any person for violating subsection (a)
in which the substances involved
30 were equal to or greater than the
amounts for such substances as specified
31 in section 1, and amendments thereto,
the person shall be sentenced to
32 imprisonment for life pursuant to
section 2, and amendments thereto.
33 (e)
(f) The provisions of this section shall be part of and
supplemental
34 to the uniform controlled substances
act.
35 Sec. 8. K.S.A.
1996 1997 Supp. 21-4705, 22-3717, 65-4159,
65-4161
36 and 65-4163 are hereby repealed.
37 Sec. 9. This act
shall take effect and be in force from and after its
38 publication in the statute book.
39