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 9  AN ACT abolishing the Kansas sentencing commission; amending K.S.A.
10    21-4605, 21-4703, 21-4721, 21-4724, 21-4727, 22-4701, as amended
11    by section 27 of chapter 229 of the 1996 Session Laws of Kansas, and
12    46-1210, K.S.A. 1995 Supp. 74-9501, as amended by section 127 of
13    chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp.
14    21-4619, 21-4714, 22-3426, 22-3426a and 22-3439 and repealing the
15    existing sections; also repealing K.S.A. 21-4725, 74-9102, 74-9103, 74-
16    9104 and 74-9105 and K.S.A. 1996 Supp. 21-4619b, 74-9101 and 74-
17    9106.
18
19  Be it enacted by the Legislature of the State of Kansas:
20    New Section 1.  The Kansas sentencing commission established in
21  K.S.A. 74-9101 is hereby abolished.
22    New Sec. 2.  (a) The executive director of the Kansas sentencing
23  commission and the commission's research staff are hereby transferred
24  to the legislative research department. Such executive director shall be-
25  come the associate director for sentencing and corrections research within
26  the legislative research department. The associate director for sentencing
27  and corrections research and such other legislative research staff as the
28  associate director deems necessary shall serve as staff to the Kansas crim-
29  inal justice coordinating council.
30    (b)  Except as otherwise provided by this act, whenever the Kansas
31  sentencing commission or the executive director of the Kansas sentencing
32  commission, or words of like effect, is referred to or designated by a
33  statute, contract or other document, such reference or designation shall
34  be deemed to apply to the legislative research department or the associate
35  director for sentencing and corrections research within the legislative re-
36  search department.
37    (c)  Except as otherwise provided in this act, on July 1, 1997, officers
38  and employees who, immediately prior to such date, were engaged in the
39  performance of powers, duties or functions of the Kansas sentencing com-
40  mission regarding research which are transferred by this act, or who be-
41  come a part of the legislative research department, or the powers, duties
42  and functions of which are transferred to the legislative research depart-
43  ment, and who, in the opinion of the director of legislative research, are
HB 2572
                                     

 1  necessary to perform the powers, duties and functions of the legislative
 2  research department, shall be transferred to, and shall become officers
 3  and employees of the legislative research department. Any such officer
 4  or employee shall retain all retirement benefits which had accrued to or
 5  vested in such officer or employee prior to the effective date of this sec-
 6  tion. The service of each such officer and employee so transferred shall
 7  be deemed to have been continuous.
 8    (d)  The legislative research department shall have the legal custody
 9  of all records, memoranda, writings, entries, prints, representations or
10  combinations thereof of any act, transaction, occurrence or event of the
11  executive director of the Kansas sentencing commission and any agency
12  or office transferred thereto under this act.
13    (e)  No suit, action or other proceeding, judicial or administrative,
14  lawfully commenced, or which could have been commenced, by or against
15  any state agency mentioned in this act, or by or against any officer of the
16  state in such officer's official capacity or in relation to the discharge of
17  such officer's official duties, shall abate by reason of the governmental
18  reorganization effected under the provisions of this act. The court may
19  allow any such suit, action or other proceeding to be maintained by or
20  against the successor of any such state agency or any officer affected.
21    (f)  No criminal action commenced or which could have been com-
22  menced by the state shall abate by the taking effect of this act.
23    (g)  On and after July 1, 1997, the balance of all funds appropriated
24  and reappropriated to the Kansas sentencing commission, except the
25  United States bureau of justice assistance grants, is hereby transferred to
26  the legislative research department and shall be used only for the purpose
27  for which the appropriation was originally made.
28    (h)  On and after July 1, 1997, the liability for all accrued compensa-
29  tion or salaries of officers and employees who, immediately prior to such
30  date, were engaged in the performance of powers, duties or functions of
31  the Kansas sentencing commission, or who become a part of the legisla-
32  tive research department, or the powers, duties and functions of which
33  are transferred to the legislative research department, shall be assumed
34  and paid by the legislative research department.
35    New Sec. 3.  (a) All positions authorized for the United States bureau
36  of justice assistance grants, including the law enforcement antidrug abuse
37  program, Bryne grants and local law enforcement block grants of the
38  Kansas sentencing commission shall be transferred to and budgeted with
39  the department of administration.
40    (b)  Except as otherwise provided in this act, on July 1, 1997, officers
41  and employees who, immediately prior to such date, were engaged in the
42  performance of powers, duties or functions of the Kansas sentencing com-
43  mission concerning the United States bureau of justice assistance grants,
HB 2572
                                     

 1  which are transferred by this act, or who become a part of the department
 2  of administration, or the powers, duties and functions of which are trans-
 3  ferred to the department of administration, and who, in the opinion of
 4  the secretary of administration, are necessary to perform the powers,
 5  duties and functions of the department of administration, shall be trans-
 6  ferred to, and shall become officers and employees of the department of
 7  administration. Any such officer or employee shall retain all retirement
 8  benefits which had accrued to or vested in such officer or employee prior
 9  to the effective date of this section. The service of each such officer and
10  employee so transferred shall be deemed to have been continuous.
11    (c)  On and after July 1, 1997, the balance of all funds appropriated
12  and reappropriated to the Kansas sentencing commission concerning the
13  United States bureau of justice assistance grants, is hereby transferred to
14  the department of administration and shall be used only for the purpose
15  for which the appropriation was originally made.
16    (d)  On and after July 1, 1997, the liability for all accrued compensa-
17  tion or salaries of officers and employees who, immediately prior to such
18  date, were engaged in the performance of powers, duties or functions of
19  the Kansas sentencing commission concerning the United States bureau
20  of justice assistance grants, or who become a part of the department of
21  administration, or the powers, duties and functions of which are trans-
22  ferred to the department of administration, shall be assumed and paid by
23  the department of administration.
24    Sec. 4.  K.S.A. 21-4605 is hereby amended to read as follows: 21-
25  4605. (a) (1) Upon request of the attorney for the state or the counsel for
26  the defendant, the judge shall make available to the attorney or counsel
27  the presentence report, any report that may be received from the Topeka
28  correctional facility or the state security hospital and other diagnostic
29  reports and shall allow the attorney or counsel a reasonable time to review
30  the report before sentencing the defendant. Except as otherwise provided
31  in this section, all these reports shall be part of the record but shall be
32  sealed and opened only on order of the court.
33    (2)  The court shall permit the attorney for the state or the counsel
34  for the defendant, upon request, to copy and retain any of the reports
35  under subsection (a)(1). Any reports copied and retained shall be kept in
36  the records of the attorney for the state or the counsel for the defendant
37  and shall not be disclosed to any unauthorized person without permission
38  of the court. All costs of copying such reports shall be paid by the office
39  of the attorney for the state or the counsel for the defendant making the
40  request.
41    (b)  If a defendant is committed to the custody of the secretary of
42  corrections, all reports under subsection (a)(1) shall be sent to the sec-
43  retary of corrections and, in accordance with K.S.A. 75-5220, and amend-
HB 2572
                                     

 1  ments thereto, to the warden of the state correctional institution to which
 2  the defendant is conveyed.
 3    (c)  Nothing in this section shall be construed as prohibiting the at-
 4  torney for the defendant from disclosing the report of the presentence
 5  investigation, or other diagnostic reports, to the defendant after receiving
 6  court approval to do so.
 7    (d)  Notwithstanding subsections (a), (b) and (c), the presentence re-
 8  port, any report that may be received from the Topeka correctional facility
 9  or the state security hospital and other diagnostic reports, shall be made
10  available upon request to the Kansas sentencing commission associate
11  director for sentencing and corrections research within the legislative re-
12  search department for the purpose of data collection and evaluation.
13    (e)  For felony crimes committed on or after July 1, 1993, the provi-
14  sions of this section are not applicable to the presentence investigation
15  report.
16    Sec. 5.  K.S.A. 1996 Supp. 21-4619 is hereby amended to read as
17  follows: 21-4619. (a) Except as provided in subsections (b) and (c), any
18  person convicted in this state of a traffic infraction, cigarette or tobacco
19  infraction, misdemeanor or a class D or E felony, or for crimes committed
20  on or after July 1, 1993, nondrug crimes ranked in severity levels 6
21  through 10 or any felony ranked in severity level 4 of the drug grid, may
22  petition the convicting court for the expungement of such conviction if
23  three or more years have elapsed since the person: (1) Satisfied the sen-
24  tence imposed; or (2) was discharged from probation, a community cor-
25  rectional services program, parole, postrelease supervision, conditional
26  release or a suspended sentence.
27    (b)  Except as provided in subsection (c), no person may petition for
28  expungement until five or more years have elapsed since the person sat-
29  isfied the sentence imposed or was discharged from probation, a com-
30  munity correctional services program, parole, postrelease supervision,
31  conditional release or a suspended sentence, if such person was convicted
32  of a class A, B or C felony, or for crimes committed on or after July 1,
33  1993, if convicted of an off-grid felony or any nondrug crime ranked in
34  severity levels 1 through 5 or any felony ranked in severity levels 1 through
35  3 of the drug grid, or:
36    (1)  Vehicular homicide, as defined by K.S.A. 21-3405 and amend-
37  ments thereto or as prohibited by any law of another state which is in
38  substantial conformity with that statute;
39    (2)  a violation of K.S.A. 8-1567 and amendments thereto, or a viola-
40  tion of any law of another state, which declares to be unlawful the acts
41  prohibited by that statute;
42    (3)  driving while the privilege to operate a motor vehicle on the public
43  highways of this state has been canceled, suspended or revoked, as pro-
HB 2572
                                     

 1  hibited by K.S.A. 8-262 and amendments thereto or as prohibited by any
 2  law of another state which is in substantial conformity with that statute;
 3    (4)  perjury resulting from a violation of K.S.A. 8-261a and amend-
 4  ments thereto or resulting from the violation of a law of another state
 5  which is in substantial conformity with that statute;
 6    (5)  violating the provisions of the fifth clause of K.S.A. 8-142 and
 7  amendments thereto, relating to fraudulent applications or violating the
 8  provisions of a law of another state which is in substantial conformity with
 9  that statute;
10    (6)  any crime punishable as a felony wherein a motor vehicle was
11  used in the perpetration of such crime;
12    (7)  failing to stop at the scene of an accident and perform the duties
13  required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto,
14  or required by a law of another state which is in substantial conformity
15  with those statutes;
16    (8)  violating the provisions of K.S.A. 40-3104 and amendments
17  thereto, relating to motor vehicle liability insurance coverage; or
18    (9)  a violation of K.S.A. 21-3405b, and amendments thereto.
19    (c)  There shall be no expungement of convictions for the following
20  offenses or of convictions for an attempt to commit any of the following
21  offenses: (1) Rape as defined in subsection (a)(2) of K.S.A. 21-3502 and
22  amendments thereto; (2) indecent liberties with a child as defined in
23  K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent liber-
24  ties with a child as defined in K.S.A. 21-3504 and amendments thereto;
25    (4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A. 21-
26  3505 and amendments thereto; (5) aggravated criminal sodomy as defined
27  in K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation of a
28  child as defined in K.S.A. 21-3510 and amendments thereto; (7) aggra-
29  vated indecent solicitation of a child as defined in K.S.A. 21-3511 and
30  amendments thereto; (8) sexual exploitation of a child as defined in K.S.A.
31  21-3516 and amendments thereto; (9) aggravated incest as defined in
32  K.S.A. 21-3603 and amendments thereto; (10) endangering a child as
33  defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a child
34  as defined in K.S.A. 21-3609 and amendments thereto; or (12) any con-
35  viction for any offense in effect at any time prior to the effective date of
36  this act, that is comparable to any offense as provided in this subsection.
37    (d)  When a petition for expungement is filed, the court shall set a
38  date for a hearing thereon and shall give notice thereof to the prosecuting
39  attorney. The petition shall state: (1) The defendant's full name; (2) the
40  full name of the defendant at the time of arrest and conviction, if different
41  than the defendant's current name; (3) the defendant's sex, race and date
42  of birth; (4) the crime for which the defendant was convicted; (5) the
43  date of the defendant's conviction; and (6) the identity of the convicting
HB 2572
                                     

 1  court. There shall be no docket fee for filing a petition pursuant to this
 2  section. All petitions for expungement shall be docketed in the original
 3  criminal action. Any person who may have relevant information about the
 4  petitioner may testify at the hearing. The court may inquire into the
 5  background of the petitioner and shall have access to any reports or
 6  records relating to the petitioner that are on file with the secretary of
 7  corrections or the Kansas parole board.
 8    (e)  At the hearing on the petition, the court shall order the petiti-
 9  oner's conviction expunged if the court finds that:
10    (1)  The petitioner has not been convicted of a felony in the past two
11  years and no proceeding involving any such crime is presently pending
12  or being instituted against the petitioner;
13    (2)  the circumstances and behavior of the petitioner warrant the
14  expungement; and
15    (3)  the expungement is consistent with the public welfare.
16    (f)  When the court has ordered a conviction expunged, the order of
17  expungement shall state the information required to be contained in the
18  petition. The clerk of the court shall send a certified copy of the order of
19  expungement to the Kansas bureau of investigation which shall notify the
20  federal bureau of investigation, the secretary of corrections and any other
21  criminal justice agency which may have a record of the conviction. After
22  the order of expungement is entered, the petitioner shall be treated as
23  not having been convicted of the crime, except that:
24    (1)  Upon conviction for any subsequent crime, the conviction that
25  was expunged may be considered as a prior conviction in determining the
26  sentence to be imposed;
27    (2)  the petitioner shall disclose that the conviction occurred if asked
28  about previous convictions (A) in any application for employment as a
29  detective with a private detective agency, as defined by K.S.A. 75-7b01
30  and amendments thereto; as security personnel with a private patrol op-
31  erator, as defined by K.S.A. 75-7b01 and amendments thereto; with a
32  criminal justice agency, as defined by K.S.A. 22-4701 and amendments
33  thereto; or with an institution, as defined in K.S.A. 76-12a01 and amend-
34  ments thereto, of the department of social and rehabilitation services; (B)
35  in any application for admission, or for an order of reinstatement, to the
36  practice of law in this state; (C) to aid in determining the petitioner's
37  qualifications for employment with the Kansas lottery or for work in sen-
38  sitive areas within the Kansas lottery as deemed appropriate by the ex-
39  ecutive director of the Kansas lottery; (D) to aid in determining the pe-
40  titioner's qualifications for executive director of the Kansas racing
41  commission, for employment with the commission or for work in sensitive
42  areas in parimutuel racing as deemed appropriate by the executive direc-
43  tor of the commission, or to aid in determining qualifications for licensure
HB 2572
                                     

 1  or renewal of licensure by the commission; or (E) upon application for a
 2  commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and
 3  amendments thereto; (F) the petitioner's qualifications to be an employee
 4  of the state gaming agency; or (G) the petitioner's qualifications to be an
 5  employee of a tribal gaming commission or to hold a license issued pur-
 6  suant to a tribal-state gaming compact;
 7    (3)  the court, in the order of expungement, may specify other cir-
 8  cumstances under which the conviction is to be disclosed;
 9    (4)  the conviction may be disclosed in a subsequent prosecution for
10  an offense which requires as an element of such offense a prior conviction
11  of the type expunged; and
12    (5)  upon commitment to the custody of the secretary of corrections,
13  any previously expunged record in the possession of the secretary of cor-
14  rections may be reinstated and the expungement disregarded, and the
15  record continued for the purpose of the new commitment.
16    (g)  Whenever a person is convicted of a crime, pleads guilty and pays
17  a fine for a crime, is placed on parole, postrelease supervision or proba-
18  tion, is assigned to a community correctional services program, is granted
19  a suspended sentence or is released on conditional release, the person
20  shall be informed of the ability to expunge the conviction.
21    (h)  Subject to the disclosures required pursuant to subsection (f), in
22  any application for employment, license or other civil right or privilege,
23  or any appearance as a witness, a person whose conviction of a crime has
24  been expunged under this statute may state that such person has never
25  been convicted of such crime, but the expungement of a felony conviction
26  does not relieve an individual of complying with any state or federal law
27  relating to the use or possession of firearms by persons convicted of a
28  felony.
29    (i)  Whenever the record of any conviction has been expunged under
30  the provisions of this section or under the provisions of any other existing
31  or former statute, the custodian of the records of arrest, conviction and
32  incarceration relating to that crime shall not disclose the existence of such
33  records, except when requested by:
34    (1)  The person whose record was expunged;
35    (2)  a criminal justice agency, private detective agency or a private
36  patrol operator, and the request is accompanied by a statement that the
37  request is being made in conjunction with an application for employment
38  with such agency or operator by the person whose record has been ex-
39  punged;
40    (3)  a court, upon a showing of a subsequent conviction of the person
41  whose record has been expunged;
42    (4)  the secretary of social and rehabilitation services, or a designee of
43  the secretary, for the purpose of obtaining information relating to em-
HB 2572
                                     

 1  ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
 2  ments thereto, of the department of social and rehabilitation services of
 3  any person whose record has been expunged;
 4    (5)  a person entitled to such information pursuant to the terms of the
 5  expungement order;
 6    (6)  a prosecuting attorney, and such request is accompanied by a
 7  statement that the request is being made in conjunction with a prosecu-
 8  tion of an offense that requires a prior conviction as one of the elements
 9  of such offense;
10    (7)  the supreme court, the clerk or disciplinary administrator thereof,
11  the state board for admission of attorneys or the state board for discipline
12  of attorneys, and the request is accompanied by a statement that the
13  request is being made in conjunction with an application for admission,
14  or for an order of reinstatement, to the practice of law in this state by the
15  person whose record has been expunged;
16    (8)  the Kansas lottery, and the request is accompanied by a statement
17  that the request is being made to aid in determining qualifications for
18  employment with the Kansas lottery or for work in sensitive areas within
19  the Kansas lottery as deemed appropriate by the executive director of the
20  Kansas lottery;
21    (9)  the governor or the Kansas racing commission, or a designee of
22  the commission, and the request is accompanied by a statement that the
23  request is being made to aid in determining qualifications for executive
24  director of the commission, for employment with the commission, for
25  work in sensitive areas in parimutuel racing as deemed appropriate by
26  the executive director of the commission or for licensure, renewal of
27  licensure or continued licensure by the commission; or
28    (10)  the Kansas sentencing commission associate director for sen-
29  tencing and corrections research within the legislative research depart-
30  ment; or
31    (11)  the state gaming agency, and the request is accompanied by a
32  statement that the request is being made to aid in determining qualifica-
33  tions: (A) To be an employee of the state gaming agency; or (B) to be an
34  employee of a tribal gaming commission or to hold a license issued pur-
35  suant to a tribal-state gaming compact.
36    Sec. 6.  K.S.A. 21-4703 is hereby amended to read as follows: 21-
37  4703. As used in this act:
38    (a)  ``Aggravating factors'' mean substantial and compelling reasons
39  justifying an exceptional sentence whereby the sentencing court may im-
40  pose a departure sentence outside the standard sentencing range for a
41  crime. Aggravating factors may result in dispositional or durational de-
42  partures and shall be stated on the record by the court;
43    (b)  ``commission'' means the Kansas sentencing commission ``legis-
HB 2572
                                     

 1  lative research department'' means the associate director for sentencing
 2  and corrections research within the legislative research department;
 3    (c)  ``criminal history'' means and includes adult felony, class A mis-
 4  demeanor, class B person misdemeanor, or select misdemeanor convic-
 5  tions and comparable juvenile adjudications possessed by an offender at
 6  the time such offender is sentenced;
 7    (d)  ``criminal history score'' means the summation of the convictions
 8  described as criminal history that place an offender in one of the criminal
 9  history score categories listed on the horizontal axis of the sentencing
10  guidelines grid for nondrug crimes and the sentencing guidelines grid for
11  drug crimes;
12    (e)  ``decay factor'' means prior convictions that are no longer consid-
13  ered as part of an offender's criminal history score;
14    (f)  ``departure'' means a sentence which is inconsistent with the pre-
15  sumptive sentence for an offender;
16    (g)  ``dispositional departure'' means a sentence which is inconsistent
17  with the presumptive sentence by imposing a nonprison sanction when
18  the presumptive sentence is prison or prison when the presumptive sen-
19  tence is nonimprisonment;
20    (h)  ``dispositional line'' means the solid black line on the sentencing
21  guidelines grid for nondrug crimes and the sentencing guidelines grid for
22  drug crimes which separates the grid blocks in which the presumptive
23  sentence is a term of imprisonment and postrelease supervision from the
24  grid blocks in which the presumptive sentence is nonimprisonment which
25  may include local custodial sanctions;
26    (i)  ``durational departure'' means a sentence which is inconsistent
27  with the presumptive sentence as to term of imprisonment, or term of
28  nonimprisonment;
29    (j)  ``good time'' means a method of behavior control or sanctions util-
30  ized by the department of corrections. Good time can result in a decrease
31  of up to 20% of the prison part of the sentence.
32    (k)  ``grid'' means the sentencing guidelines grid for nondrug crimes
33  as provided in K.S.A. 21-4704 or the sentencing guidelines grid for drug
34  crimes as provided in K.S.A. 21-4705, or both;
35    (l)  ``grid block'' means a box on the grid formed by the intersection
36  of the crime severity ranking of a current crime of conviction and an
37  offender's criminal history classification;
38    (m)  ``imprisonment'' means imprisonment in a facility operated by
39  the Kansas department of corrections;
40    (n)  ``mitigating factors'' means substantial and compelling reasons jus-
41  tifying an exceptional sentence whereby the sentencing court may impose
42  a departure sentence outside of the standard sentencing range for an
43  offense. Mitigating factors may result in dispositional or durational de-
HB 2572
                                     

 1  partures and shall be stated on the record by the court;
 2    (o)  ``nonimprisonment,'' ``nonprison'' or ``nonprison sanction'' means
 3  probation, community corrections, conservation camp, house arrest or
 4  any other community based disposition;
 5    (p)  ``postrelease supervision'' means the release of a prisoner to the
 6  community after having served a period of imprisonment or equivalent
 7  time served in a facility where credit for time served is awarded as set
 8  forth by the court, subject to conditions imposed by the Kansas parole
 9  board and to the secretary of correction's supervision;
10    (q)  ``presumptive sentence'' means the sentence provided in a grid
11  block for an offender classified in that grid block by the combined effect
12  of the crime severity ranking of the current crime of conviction and the
13  offender's criminal history;
14    (r)  ``prison'' means a facility operated by the Kansas department of
15  corrections; and
16    (s)  ``sentencing range'' means the sentencing court's discretionary
17  range in imposing a nonappealable sentence.
18    Sec. 7.  K.S.A. 1996 Supp. 21-4714 is hereby amended to read as
19  follows: 21-4714. (a) The court shall order the preparation of the pre-
20  sentence investigation report by the court services officer as soon as pos-
21  sible after conviction of the defendant.
22    (b)  Each presentence report prepared for an offender to be sen-
23  tenced for one or more felonies committed on or after July 1, 1993, shall
24  be limited to the following information:
25    (1)  A summary of the factual circumstances of the crime or crimes
26  of conviction.
27    (2)  If the defendant desires to do so, a summary of the defendant's
28  version of the crime.
29    (3)  When there is an identifiable victim, a victim report. The person
30  preparing the victim report shall submit the report to the victim and
31  request that the information be returned to be submitted as a part of the
32  presentence investigation. To the extent possible, the report shall include
33  a complete listing of restitution for damages suffered by the victim.
34    (4)  An appropriate classification of each crime of conviction on the
35  crime severity scale.
36    (5)  A listing of prior adult convictions or juvenile adjudications for
37  felony or misdemeanor crimes or violations of county resolutions or city
38  ordinances comparable to any misdemeanor defined by state law. Such
39  listing shall include an assessment of the appropriate classification of the
40  criminal history on the criminal history scale and the source of informa-
41  tion regarding each listed prior conviction and any available source of
42  journal entries or other documents through which the listed convictions
43  may be verified. If any such journal entries or other documents are ob-
HB 2572
                                     

 1  tained by the court services officer, they shall be attached to the pre-
 2  sentence investigation report. Any prior criminal history worksheets of
 3  the defendant shall also be attached.
 4    (6)  A proposed grid block classification for each crime, or crimes of
 5  conviction and the presumptive sentence for each crime, or crimes of
 6  conviction.
 7    (7)  If the proposed grid block classification is a grid block which pre-
 8  sumes imprisonment, the presumptive prison term range and the pre-
 9  sumptive duration of postprison supervision as it relates to the crime
10  severity scale.
11    (8)  If the proposed grid block classification does not presume prison,
12  the presumptive prison term range and the presumptive duration of the
13  nonprison sanction as it relates to the crime severity scale and the court
14  services officer's professional assessment as to recommendations for con-
15  ditions to be mandated as part of the nonprison sanction.
16    (c)  The presentence report will become part of the court record and
17  shall be accessible to the public, except that the official version, de-
18  [chfendant's version and the victim's statement, any psychological reports
19  and drug and alcohol reports shall be accessible only to the parties, the
20  sentencing judge, the department of corrections, and if requested, the
21  Kansas sentencing commission legislative research department. If the of-
22  fender is committed to the custody of the secretary of corrections, the
23  report shall be sent to the secretary and, in accordance with K.S.A. 75-
24  5220 and amendments thereto to the warden of the state correctional
25  institution to which the defendant is conveyed.
26    (d)  The criminal history worksheet will not substitute as a present-
27  ence report.
28    (e)  The presentence report will not include optional report compo-
29  nents, which would be subject to the discretion of the sentencing court
30  in each district except for psychological reports and drug and alcohol
31  reports.
32    (f)  The court can take judicial notice in a subsequent felony proceed-
33  ing of an earlier presentence report criminal history worksheet prepared
34  for a prior sentencing of the defendant for a felony committed on or after
35  July 1, 1993.
36    (g)  All presentence reports in any case in which the defendant has
37  been convicted of a felony shall be on a form approved by the Kansas
38  sentencing commission office of judicial administration.
39    Sec. 8.  K.S.A. 21-4721 is hereby amended to read as follows: 21-
40  4721. (a) A departure sentence is subject to appeal by the defendant or
41  the state. The appeal shall be to the appellate courts in accordance with
42  rules adopted by the supreme court.
43    (b)  Pending review of the sentence, the sentencing court or the ap-
HB 2572
                                     

 1  pellate court may order the defendant confined or placed on conditional
 2  release, including bond.
 3    (c)  On appeal from a judgment or conviction entered for a felony
 4  committed on or after July 1, 1993, the appellate court shall not review:
 5    (1)  Any sentence that is within the presumptive sentence for the
 6  crime; or
 7    (2)  any sentence resulting from an agreement between the state and
 8  the defendant which the sentencing court approves on the record.
 9    (d)  In any appeal from a judgment of conviction imposing a sentence
10  that departs from the presumptive sentence prescribed by the sentencing
11  grid for a crime, sentence review shall be limited to whether the sen-
12  tencing court's findings of fact and reasons justifying a departure:
13    (1)  Are supported by the evidence in the record; and
14    (2)  constitute substantial and compelling reasons for departure.
15    (e)  In any appeal, the appellate court may review a claim that:
16    (1)  A sentence that departs from the presumptive sentence resulted
17  from partiality, prejudice, oppression or corrupt motive;
18    (2)  the sentencing court erred in either including or excluding rec-
19  ognition of a prior conviction or juvenile adjudication for criminal history
20  scoring purposes; or
21    (3)  the sentencing court erred in ranking the crime severity level of
22  the current crime or in determining the appropriate classification of a
23  prior conviction or juvenile adjudication for criminal history purposes.
24    (f)  The appellate court may reverse or affirm the sentence. If the
25  appellate court concludes that the trial court's factual findings are not
26  supported by evidence in the record or do not establish substantial and
27  compelling reasons for a departure, it shall remand the case to the trial
28  court for resentencing.
29    (g)  The appellate court shall issue a written opinion whenever the
30  judgment of the sentencing court is reversed. The court may issue a writ-
31  ten opinion in any other case when it is believed that a written opinion
32  will provide guidance to sentencing judges and others in implementing
33  the sentencing guidelines adopted by the Kansas sentencing commission.
34  The appellate courts may provide by rule for summary disposition of cases
35  arising under this section when no substantial question is presented by
36  the appeal.
37    (h)  A review under summary disposition shall be made solely upon
38  the record that was before the sentencing court. Written briefs shall not
39  be required unless ordered by the appellate court and the review and
40  decision shall be made in an expedited manner according to rules adopted
41  by the supreme court.
42    (i)  The sentencing court shall retain authority irrespective of any no-
43  tice of appeal for 90 days after entry of judgment of conviction to modify
HB 2572
                                     

 1  its judgment and sentence to correct any arithmetic or clerical errors.
 2    Sec. 9.  K.S.A. 21-4724 is hereby amended to read as follows: 21-
 3  4724. (a) The sentencing grid for nondrug crimes as provided in K.S.A.
 4  21-4704 and the sentencing grid for drug crimes as provided in K.S.A.
 5  21-4705 shall be applied for crimes committed before July 1, 1993, as
 6  provided in this section.
 7    (b) (1)  Except as provided in subsection (d), persons who committed
 8  crimes which would be classified in a presumptive nonimprisonment grid
 9  block on either sentencing grid, in grid blocks 5-H, 5-I or 6-G of the
10  nondrug grid or in grid blocks 3-H or 3-I of the drug grid, pursuant to
11  the provisions of subsection (c) of K.S.A. 21-4705 and amendments
12  thereto, if sentenced pursuant to the Kansas sentencing guidelines act,
13  and were sentenced prior to July 1, 1993, shall have their sentences mod-
14  ified according to the provisions specified in the Kansas sentencing guide-
15  lines act.
16    (2)  Except as provided in subsection (d), offenders on probation, as-
17  signment to community corrections, conditional release or parole for
18  crimes classified in subsection (b)(1) committed prior to July 1, 1993, who
19  have such probation, assignment to community corrections, conditional
20  release or parole revoked shall have their sentences modified according
21  to the provisions specified in the Kansas sentencing guidelines act.
22    (c) (1)  Except as provided in subsection (f), the department of cor-
23  rections shall conduct a review of all persons who committed crimes and
24  were sentenced prior to July 1, 1993, and are imprisoned in the custody
25  of the secretary of corrections as of that date. The department shall pre-
26  pare a sentencing guidelines report on all such imprisoned inmates except
27  those who have convictions for crimes which, if committed on or after
28  July 1, 1993, would constitute a severity level 1, 2, 3 or 4 felony on the
29  sentencing guidelines grid for nondrug crimes or a severity level 1, 2 or
30  3 felony on the sentencing guidelines grid for drug crimes, but, including
31  those in grid blocks 3-H or 3-I of the drug grid, pursuant to the provisions
32  of subsection (c) of K.S.A. 21-4705 and amendments thereto, which shall
33  review and determine what the person's sentence as provided by the
34  crime severity and criminal history grid matrix established by the Kansas
35  sentencing commission guidelines act would be as if the crime were com-
36  mitted on or after July 1, 1993. A copy of the report shall be transmitted
37  to the inmate, the county or district attorney for the county from which
38  the inmate was sentenced, and the sentencing court.
39    (2)  In determining the criminal history classification, the department
40  of corrections shall conduct a reasonable search of the inmate's file and
41  available presentence report, and make a reasonable inquiry of the Kansas
42  bureau of investigation and the federal bureau of investigation, for other
43  records of criminal or juvenile convictions which would affect the criminal
HB 2572
                                     

 1  history classification.
 2    (3)  The department of corrections shall have access to any juvenile
 3  records maintained by the Kansas bureau of investigation or the depart-
 4  ment of social and rehabilitation services for use in determining the per-
 5  son's criminal history classification.
 6    (4)  The criminal history classification as determined by the depart-
 7  ment of corrections shall be deemed to be correct unless objection
 8  thereto is filed by either the person or the prosecution officer within the
 9  30-day period provided to request a hearing. If an objection is filed, the
10  sentencing court shall determine the person's criminal history classifica-
11  tion. The burden of proof shall be on the prosecution officer regarding
12  disputed criminal history issues.
13    (5)  The department of corrections shall complete and submit to the
14  appropriate parties the report on all imprisoned inmates with a controlling
15  sentence which, if committed on and after July 1, 1993, would constitute
16  a severity level 9 or 10 felony on the sentencing guidelines grid for non-
17  drug crimes by August 15, 1993.
18    (6)  The department of corrections shall complete and submit to the
19  appropriate parties the report on all imprisoned inmates with a controlling
20  sentence which, if committed on and after July 1, 1993, would constitute
21  a severity level 7 or 8 felony on the sentencing guidelines grid for nondrug
22  crimes by October 15, 1993.
23    (7)  The department of corrections shall complete and submit to the
24  appropriate parties the report on all imprisoned inmates with a controlling
25  sentence which, if committed on and after July 1, 1993, would be clas-
26  sified in grid blocks 5-H, 5-I, 6-G, 6-H or 6-I of the sentencing guidelines
27  grid for nondrug crimes or in grid blocks 3-H or 3-I of the drug grid,
28  pursuant to the provisions of subsection (c) of K.S.A. 21-4705 and amend-
29  ments thereto, by December 1, 1993.
30    (d) (1)  Within 30 days of the issuance of such report, the person who
31  committed the crime and the prosecution officer shall have the right to
32  request a hearing by filing a motion with the sentencing court, regarding
33  conversion to a sentence under the Kansas sentencing guidelines act to
34  be held in the jurisdiction where the original criminal case was filed. The
35  secretary of corrections shall be provided written notice of any request
36  for a hearing. If a request for a hearing is not filed within 30 days of the
37  issuance of the report, the department shall convert the person's sentence
38  to one provided for under the sentencing guidelines and provide notifi-
39  cation of that action to the person, the prosecution officer, and the court
40  in the jurisdiction where the original criminal case was held. The con-
41  version by the department of corrections to the sentencing guidelines
42  shall be to the mid-point of the range in the applicable grid box. The
43  secretary of corrections shall be authorized to implement a converted
HB 2572
                                     

 1  sentence as provided in this section, if the secretary has not received
 2  written notice of a request for a hearing by the close of normal business
 3  hours on the fifth business day after expiration of the 30-day period.
 4    (2)  In the event a hearing is requested and held, the court shall de-
 5  termine the applicable sentence as prescribed by the Kansas sentencing
 6  guidelines act.
 7    (3)  In the event a hearing is requested, the court shall schedule and
 8  hold the hearing within 60 days after it was requested and shall rule on
 9  the issues raised by the parties within 30 days after the hearing.
10    (4)  Such offender shall be represented by appointed counsel pursu-
11  ant to the provisions of K.S.A. 22-4501 et seq. and amendments thereto.
12    (5)  Nothing contained in this section shall be construed as requiring
13  the appearance in person of the offender or creating such a right of ap-
14  pearance in person of the offender at the hearing provided in this section
15  regarding conversion to a sentence under the Kansas sentencing guide-
16  lines act.
17    (6)  The court shall enter an order regarding the person's sentence
18  and forward that order to the secretary of corrections who shall administer
19  the sentence.
20    (e)  If a sentence is converted as provided by this section, then all the
21  rights and privileges accorded by the Kansas sentencing guidelines act
22  shall be applicable. A person's sentence shall not be increased in length
23  through a conversion to one under sentencing guidelines.
24    (f)  In the case of any person to whom the provisions of this section
25  shall apply, who committed a crime prior to July 1, 1993, but was sen-
26  tenced after July 1, 1993, the sentencing court shall impose a sentence
27  as provided pursuant to law as the law existed prior to July 1, 1993, and
28  shall compute the appropriate sentence had the person been sentenced
29  pursuant to the Kansas sentencing guidelines.
30    Sec. 10.  K.S.A. 21-4727 is hereby amended to read as follows: 21-
31  4727. All costs and expenses associated with postconviction prison and
32  nonprison sanctions imposed for felony convictions and time spent in a
33  county jail pursuant to a nonprison sanction imposed for felony convic-
34  tions shall be the responsibility of and paid by the state of Kansas. On or
35  before January 1, 1994, probation, parole and community corrections
36  services shall be consolidated after review of the recommendations of a
37  task force to be appointed by the Kansas sentencing commission.
38    Sec. 11.  K.S.A. 1996 Supp. 22-3426 is hereby amended to read as
39  follows: 22-3426. (a) When judgment is rendered or sentence of impris-
40  onment is imposed, upon a plea or verdict of guilty, a record thereof shall
41  be made upon the journal of the court, reflecting, if applicable, conviction
42  or other judgment, the sentence if imposed, and the commitment, which
43  record among other things shall contain a statement of the crime charged,
HB 2572
                                     

 1  and under what statute; the plea or verdict and the judgment rendered
 2  or sentence imposed, and under what statute, and a statement that the
 3  defendant was duly represented by counsel naming such counsel, or a
 4  statement that the defendant has stated in writing that the defendant did
 5  not want representation of counsel.
 6    (b)  If defendant is sentenced to the custody of the secretary of cor-
 7  rections the journal entry shall record all the information required under
 8  K.S.A. 21-4620 and amendments thereto to be included in a judgment
 9  form, if it were used.
10    (c)  The journal entry shall also include the name and residence of the
11  officer before whom the preliminary trial was held, the judge presiding
12  at the trial, and of the witnesses sworn on such trial.
13    (d)  If the sentence is increased because defendant previously has
14  been convicted of one or more felonies the record shall contain a state-
15  ment of each of such previous convictions, showing the date, in what
16  court, of what crime and a brief statement of the evidence relied upon
17  by the court in finding such previous convictions. Defendant shall not be
18  required to furnish such evidence.
19    (e)  It shall be the duty of the court personally to examine the journal
20  entry and to sign the same.
21    (f)  For felony convictions for crimes committed on or after July 1,
22  1993, the journal entry shall contain the following information:
23    (1)  Court case number;
24    (2)  Kansas bureau of investigation number;
25    (3)  case tracking number;
26    (4)  court O.R.I. number;
27    (5)  the type of counsel;
28    (6)  type of trial, if any;
29    (7)  pretrial status of the offender;
30    (8)  the date of the sentencing hearing;
31    (9)  a listing of offenses the defendant is convicted of;
32    (10)  the criminal history classification;
33    (11)  the sentence imposed for each offense including postrelease or
34  probation supervision durations;
35    (12)  whether the sentences run concurrently or consecutively;
36    (13)  amount of credit for time spent incarcerated;
37    (14)  period ordered in county jail as a condition of probation;
38    (15)  a listing of offenses in which a departure sentence is imposed;
39    (16)  type of departure sentence; and
40    (17)  factors cited as a basis for departure sentence.
41    The journal entry shall be recorded on a form approved by the Kansas
42  sentencing commission office of judicial administration.
43    Sec. 12.  K.S.A. 1996 Supp. 22-3426a is hereby amended to read as
HB 2572
                                     

 1  follows: 22-3426a. (a) For crimes committed on or after July 1, 1993,
 2  when a convicted person is revoked for a probation violation, a record
 3  thereof shall be made upon the journal of the court. Such journal entry
 4  shall include:
 5    (1)  Court case number;
 6    (2)  Kansas bureau of investigation number;
 7    (3)  case tracking number;
 8    (4)  court O.R.I. number;
 9    (5)  name of the judge who heard the evidence;
10    (6)  those present and whether defendant's counsel was appointed or
11  retained;
12    (7)  date violator was sentenced to department of corrections;
13    (8)  offenses for which defendant was sentenced and time to be served
14  for each crime;
15    (9)  total imprisonment term;
16    (10)  supervision revoked;
17    (11)  date motion to revoke defendant's probation was filed; and
18    (12)  whether there are sufficient evidence and grounds for the court
19  to revoke defendant's probation.
20    (b)  It shall be the duty of the court to personally examine the journal
21  entry and sign the same.
22    (c)  The journal entry shall be recorded on a form approved by the
23  Kansas sentencing commission office of judicial administration.
24    Sec. 13.  K.S.A. 1996 Supp. 22-3439 is hereby amended to read as
25  follows: 22-3439. (a) For all felony convictions for offenses committed on
26  or after July 1, 1993, the court shall forward a signed copy of the journal
27  entry, attached together with the presentence investigation report as pro-
28  vided by K.S.A. 21-4714 and amendments thereto, to the Kansas sen-
29  tencing commission associate director for sentencing and corrections re-
30  search within the legislative research department within 30 days after
31  sentencing.
32    (b)  For probation revocations which result in the defendant's impris-
33  onment in the custody of the department of corrections, the court shall
34  forward a signed copy of the journal entry of revocation to the Kansas
35  sentencing commission associate director for sentencing and corrections
36  research within the legislative research department within 30 days of final
37  disposition.
38    (c)  The court shall insure that information concerning dispositions
39  for all other felony probation revocations based upon crimes committed
40  on or after July 1, 1993, and for all class A and B misdemeanor crimes
41  and assault as defined in K.S.A. 21-3408 and amendments thereto com-
42  mitted on or after July 1, 1993, is forwarded to the Kansas bureau of
43  investigation central repository. Such information shall be transmitted on
HB 2572
                                     

 1  a form or in a format approved by the attorney general within 30 days of
 2  that final disposition.
 3    Sec. 14.  K.S.A. 22-4701, as amended by section 27 of chapter 229 of
 4  the 1996 Session Laws of Kansas, is hereby amended to read as follows:
 5  22-4701. As used in this act, unless the context clearly requires otherwise:
 6    (a)  ``Central repository'' means the criminal justice information sys-
 7  tem central repository created by this act and the juvenile offender in-
 8  formation system created pursuant to K.S.A. 38-1618, and amendments
 9  thereto.
10    (b)  ``Criminal history record information'' means data initiated or col-
11  lected by a criminal justice agency on a person pertaining to a reportable
12  event. The term does not include:
13    (1)  Data contained in intelligence or investigatory files or police work-
14  product records used solely for police investigation purposes;
15    (2)  juvenile offender information other than data pertaining to a per-
16  son following waiver of jurisdiction pursuant to the Kansas juvenile code
17  or an authorization for prosecution as an adult pursuant to the Kansas
18  juvenile justice code;
19    (3)  wanted posters, police blotter entries, court records of public ju-
20  dicial proceedings or published court opinions;
21    (4)  data pertaining to violations of the traffic laws of the state or any
22  other traffic law or ordinance, other than vehicular homicide; or
23    (5)  presentence investigation and other reports prepared for use by
24  a court in the exercise of criminal jurisdiction or by the governor in the
25  exercise of the power of pardon, reprieve or commutation.
26    (c)  ``Criminal justice agency'' means any government agency or sub-
27  division of any such agency which is authorized by law to exercise the
28  power of arrest, detention, prosecution, adjudication, correctional super-
29  vision, rehabilitation or release of persons suspected, charged or con-
30  victed of a crime and which allocates a substantial portion of its annual
31  budget to any of these functions. The term includes, but is not limited
32  to, the following agencies, when exercising jurisdiction over criminal mat-
33  ters or criminal history record information:
34    (1)  State, county, municipal and railroad police departments, sheriffs'
35  offices and countywide law enforcement agencies, correctional facilities,
36  jails and detention centers;
37    (2)  the offices of the attorney general, county or district attorneys and
38  any other office in which are located persons authorized by law to pros-
39  ecute persons accused of criminal offenses;
40    (3)  the district courts, the court of appeals, the supreme court, the
41  municipal courts and the offices of the clerks of these courts;
42    (4)  the Kansas sentencing commission legislative research depart-
43  ment;
HB 2572
                                     

 1    (5)  the Kansas parole board; and
 2    (6)  the juvenile justice authority.
 3    (d)  ``Criminal justice information system'' means the equipment (in-
 4  cluding computer hardware and software), facilities, procedures, agree-
 5  ments and personnel used in the collection, processing, preservation and
 6  dissemination of criminal history record information.
 7    (e)  ``Director'' means the director of the Kansas bureau of investi-
 8  gation.
 9    (f)  ``Disseminate'' means to transmit criminal history record infor-
10  mation in any oral or written form. The term does not include:
11    (1)  The transmittal of such information within a criminal justice
12  agency;
13    (2)  the reporting of such information as required by this act; or
14    (3)  the transmittal of such information between criminal justice agen-
15  cies in order to permit the initiation of subsequent criminal justice pro-
16  ceedings against a person relating to the same offense.
17    (g)  ``Juvenile offender information'' has the meaning provided by
18  K.S.A. 38-1617, and amendments thereto.
19    (h)  ``Reportable event'' means an event specified or provided for in
20  K.S.A. 22-4705, and amendments thereto.
21    Sec. 15.  K.S.A. 46-1210 is hereby amended to read as follows: 46-
22  1210. (a) There is hereby established the legislative research department
23  whose head shall be the director of legislative research and who shall be
24  appointed by the legislative coordinating council to serve under its direc-
25  tion. The director of legislative research may be removed from office by
26  a vote of five (5) members of the legislative coordinating council taken at
27  any regular meeting of such council. The director of legislative research
28  shall receive such compensation as is determined by the legislative co-
29  ordinating council. Such director, and any of his or her the director's
30  assistants specified by the legislative coordinating council, shall receive
31  expenses and allowances for in-state and out-of-state travel as is provided
32  by law for members of the legislature. Such director shall appoint such
33  assistants and employees of the legislative research department as are
34  authorized by the legislative coordinating council and shall set their com-
35  pensation subject to the approval of such council. Such director and all
36  assistants and employees of the legislative research department shall be
37  in the unclassified service.
38    (b)  The legislative research department shall perform legislative re-
39  search functions and such other duties as are directed by the legislative
40  coordinating council.
41    (c)  The legislative research department shall provide staff services to
42  all special committees, select committees and standing committees meet-
43  ing when the legislature is not in session, and to the extent possible,
HB 2572
                                     

 1  accomplish the following:
 2    (1)  Assist each committee chairman in planning the work of the com-
 3  mittee, and in accordance with the chairman's instructions prepare an
 4  agenda for each meeting.
 5    (2)  Appropriately notify committee members, staff and other inter-
 6  ested persons of meeting times and other information as directed by the
 7  committee chairman.
 8    (3)  Prepare minutes of each committee meeting to show attendance,
 9  disposition of agenda items, tentative and final committee decisions and
10  staff instructions, and such other matters as may be helpful to the work
11  of the committee.
12    (4)  Prepare and present research information in accordance with
13  committee instructions or instructions of the committee chairman.
14    (5)  Obtain attendance of persons for committee presentations or tes-
15  timony. In cases of compulsory process, work with the office of revisor
16  of statutes and office of attorney general to obtain satisfactory results.
17    (6)  Prepare interim reports of committee work when the same is re-
18  quested of a committee by the legislative coordinating council. Any such
19  report shall have committee approval before transmission.
20    (7)  Prepare final committee report in accordance with committee in-
21  structions; the same to include relevant information, committee policy
22  recommendations, and to the extent possible, appropriate bill drafts pre-
23  pared by the office of revisor of statutes.
24    (8)  Receive and analyze agency requests for appropriations and pre-
25  pare fiscal information for appropriate legislative committees.
26    (d)  Special committees, select committees and standing committees
27  are expected to utilize the foregoing staff services to the extent the same
28  are available in making all studies.
29    (e)  When requested by the chairperson of a special or standing com-
30  mittee of the legislature, a fiscal impact and correctional resource state-
31  ment shall be provided for bills amending any current crime or creating
32  a new crime under the laws of the state of Kansas. The legislative research
33  department shall provide to the committee or committees to which such
34  bill was referred a statement explaining the fiscal impact and effect on the
35  utilization of correctional resources of such bill. The fiscal impact and
36  correctional resources statement shall include a reliable estimate in dollars
37  of the anticipated expenditures and change in utilization of correctional
38  resources necessary to carry out the provisions of the bill. It shall also
39  include a statement as to the immediate effect and, if determinable or
40  reasonably foreseeable, the long-range effect of the measure. Every agency
41  and department of the state is directed to fully cooperate with the de-
42  partment in preparation of any such statement. No comment or opinion
43  shall be included in such statement regarding the merits of the measure
HB 2572
                                     

 1  for which the statement is prepared.
 2    (f)  The legislative research department shall:
 3    (1)  Provide staff services to the Kansas criminal justice coordinating
 4  council;
 5    (2)  respond to questions of the legislature with reference to the im-
 6  plementation, management, monitoring, maintenance and operations of
 7  the sentencing guidelines system;
 8    (3)  receive presentence reports and journal entries for all persons who
 9  are sentenced for crimes committed on or after July 1, 1993, to assist the
10  legislature in developing post-implementation monitoring procedures and
11  reporting methods to evaluate guideline sentences. In developing the
12  evaluative criteria, the department shall take into consideration rational
13  and consistent sentencing standards which reduce sentence disparity to
14  include, but not be limited to, racial and regional biases;
15    (4)  assist legislative committees in developing a mechanism to link
16  guidelines sentence practices with correctional resources and policies, in-
17  cluding but not limited to the capacities of local and state correctional
18  facilities. Such linkage shall include a review and determination of the
19  impact of the sentencing guidelines on the state's prison population, re-
20  view of corrections programs and a study of ways to more effectively
21  utilize correction dollars and to reduce prison population; and
22    (5)  perform such other criminal justice studies or tasks as may be
23  specifically requested by the legislature.
24    Sec. 16.  K.S.A. 1995 Supp. 74-9501, as amended by section 127 of
25  chapter 229 of the 1996 Session Laws of Kansas, is hereby amended to
26  read as follows: 74-9501. (a) There is hereby established the Kansas crim-
27  inal justice coordinating council.
28    (b)  The council shall consist of the governor or designee, the chief
29  justice of the supreme court or designee, the attorney general or designee,
30  the secretary of corrections, the secretary of social and rehabilitation serv-
31  ices, the commissioner of juvenile justice and the director of the Kansas
32  bureau of investigation.
33    (c)  The director and all existing employees of the Kansas sentencing
34  commission shall serve as staff to the Kansas criminal justice coordinating
35  council, while continuing to serve at the will of the Kansas sentencing
36  commission pursuant to K.S.A. 74-9103 and amendments thereto in the
37  performance of its duties as outlined in K.S.A. 74-9101, 74-9106 and 21-
38  4725 and amendments thereto. The associate director for sentencing and
39  corrections research and such other legislative research staff as the as-
40  sociate director deems necessary shall serve as staff to the Kansas criminal
41  justice coordinating council. The associate director shall attend all meet-
42  ings of the council, be responsible for keeping a record of council meet-
43  ings, prepare reports of the council and perform such other duties as
HB 2572
                                     

 1  directed by the council.
 2    (d)  The council shall elect a chairperson and vice-chairperson from
 3  among the members of the council.
 4    (e)  The council shall:
 5    (1)  Define and analyze issues and processes in the criminal justice
 6  system, identify alternative solutions and make recommendations for im-
 7  provements;
 8    (2)  perform such criminal justice studies or tasks as requested by the
 9  governor, the legislature or the chief justice, as deemed appropriate or
10  feasible by the council;
11    (3)  oversee development and management of a criminal justice da-
12  tabase including assuming the designation and functions of the state sta-
13  tistical analysis center currently assigned to the Kansas bureau of inves-
14  tigation pursuant to K.S.A. 75-712a and amendments thereto. All criminal
15  justice agencies as defined in subsection (c) of K.S.A. 22-4701 and amend-
16  ments thereto and the department of social and rehabilitation services
17  shall provide any data or information, including juvenile offender infor-
18  mation which is requested by the council, in a form and manner estab-
19  lished by the council, in order to facilitate the development and manage-
20  ment of the criminal justice council database; and
21    (4)  develop and oversee reporting of all criminal justice federal fund-
22  ing available to the state or local units of government including assuming
23  the designation and functions of administering the United States bureau
24  of justice assistance grants currently administered through the law en-
25  forcement antidrug abuse program of the department of administration.
26  On the effective date of this act any bureau of justice assistance antidrug
27  abuse federal fund balances in any account and all unclassified positions
28  authorized for the law enforcement antidrug abuse program of the de-
29  partment of administration shall be transferred to and budgeted with the
30  Kansas sentencing commission.
31    (f)  The council shall appoint a standing local government advisory
32  group to consult and advise the council concerning local government
33  criminal justice issues and the impact of state criminal justice policy and
34  decisions on local units of government. The advisory group shall consist
35  of a sheriff, chief of police, county or district attorney, city governing body
36  and a county commissioner. Appointees to such advisory group shall serve
37  without compensation or reimbursement for travel and subsistence or any
38  other expenses.
39    (g)  The council shall form a task force to study and develop policies
40  and recommendations regarding the juvenile justice system, including
41  issues of jurisdiction, placement, intake and assessment processes, dis-
42  positional alternatives, financing strategies, availability of mental health
43  services and work processes and case loads of social workers and court
HB 2572
                                     

 1  services officers, the implications of a youth authority and any other issues
 2  affecting children in need of care as defined in K.S.A. 38-1501 et seq.
 3  and juvenile offenders as defined in K.S.A. 38-1601 et seq. and amend-
 4  ments thereto. The task force shall consist of the following members:
 5  Executive director of the corporation for change or designee, chair of the
 6  advisory committee on juvenile offender programs or designee, commis-
 7  sioner of youth services of the department of social and rehabilitation
 8  services or designee; additional members to be selected by the council
 9  shall include a director of a community corrections program, a juvenile
10  judge, a prosecuting attorney, an attorney who represents juveniles, a
11  deputy secretary of corrections, a court services officer, and a sheriff or
12  chief of police. The corporation for change and the division of youth
13  services of the state department of social and rehabilitation services shall
14  each assign one full-time equivalent staff member to the council or, in
15  the case of the corporation for change, the equivalent of such by more
16  than one staff member or other, for a period of one year, which staff shall
17  be approved by the council and perform duties as assigned by and func-
18  tion under the direction of the executive director of the staff of the coun-
19  cil, while continuing to be compensated by the agency by which em-
20  ployed. The task force shall submit a preliminary report to the council,
21  and the council shall report to the chairperson of the senate and house
22  committee on judiciary during the interim session of the 1995 legislature.
23  A final report shall be submitted to the legislature on or before February
24  1, 1995. The task force shall cease to exist on June 30, 1995.
25    (h) (g)  The council shall form a task force to study the consolidation
26  of probation, parole and community corrections services.
27    (i) (h)  When analyzing criminal justice issues and performing criminal
28  justice studies, the council shall form such task groups as necessary and
29  shall appoint individuals who appropriately represent law enforcement,
30  the judiciary, legal profession, state, local, or federal government, the
31  public, or other professions or groups as determined by the council, to
32  represent the various aspects of the issue being analyzed or studied.
33  Members of the legislature may be appointed ex officio members to such
34  task groups. A member of the council shall serve as the chairperson of
35  each task group appointed by the council. The council may appoint other
36  members of the council to any task group formed by the council.
37    (j) (i)  The council shall review reports submitted by each task group
38  named by the council and shall submit the report with the council's rec-
39  ommendations pertaining thereto to the governor, chief justice of the
40  supreme court, the chief clerk of the house of representatives and the
41  secretary of the senate.
42    Sec. 17.  K.S.A. 21-4605, 21-4703, 21-4721, 21-4724, 21-4725, 21-
43  4727, 22-4701, as amended by section 27 of chapter 229 of the 1996
HB 2572
                                     

 1  Session Laws of Kansas, 46-1210, 74-9102, 74-9103, 74-9104 and 74-
 2  9105, K.S.A. 1995 Supp. 74-9501, as amended by section 127 of chapter
 3  229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 21-4619,
 4  21-4619b, 21-4714, 22-3426, 22-3426a, 22-3439, 74-9101 and 74-9106 are
 5  hereby repealed.
 6    Sec. 18.  This act shall take effect and be in force from and after its
 7  publication in the statute book.