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



 8  AN ACT concerning effects of felony convictions on civil rights of con-
 9    victed felons; maintenance of expungement records; amending K.S.A.
10    22-3722 and 43-158 and K.S.A. 1996 Supp. 21-4603d, 21-4611, 21-
11    4615 and 21-4619 and repealing the existing sections; also repealing
12    K.S.A. 1996 Supp. 21-4619b.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 1996 Supp. 21-4603d is hereby amended to read
16  as follows: 21-4603d. (a) Whenever any person has been found guilty of
17  a crime, the court may adjudge any of the following:
18    (1)  Commit the defendant to the custody of the secretary of correc-
19  tions if the current crime of conviction is a felony and the sentence pre-
20  sumes imprisonment, or the sentence imposed is a dispositional departure
21  to imprisonment; or, if confinement is for a misdemeanor, to jail for the
22  term provided by law;
23    (2)  impose the fine applicable to the offense;
24    (3)  release the defendant on probation if the current crime of con-
25  viction and criminal history fall within a presumptive nonprison category
26  or through a departure for substantial and compelling reasons subject to
27  such conditions as the court may deem appropriate. In felony cases except
28  for violations of K.S.A. 8-1567 and amendments thereto, the court may
29  include confinement in a county jail not to exceed 30 days, which need
30  not be served consecutively, as a condition of probation or community
31  corrections placement;
32    (4)  assign the defendant to a community correctional services pro-
33  gram in presumptive nonprison cases or through a departure for substan-
34  tial and compelling reasons subject to such conditions as the court may
35  deem appropriate, including orders requiring full or partial restitution;
36    (5)  assign the defendant to a conservation camp for a period not to
37  exceed 180 days as a condition of probation followed by a 180-day period
38  of follow-up through adult intensive supervision by a community correc-
39  tional services program, if the offender successfully completes the con-
40  servation camp program. If the defendant was classified in grid blocks 3-
41  G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court
42  may impose a nonprison sanction on the condition that the offender com-
SB 215
                                     2
 1  
 2  -plete the program at the Labette correctional conservation camp. Such a
 3  placement decision shall not be considered a departure and shall not be
 4  subject to appeal;
 5    (6)  assign the defendant to a house arrest program pursuant to K.S.A.
 6  21-4603b and amendments thereto;
 7    (7)  order the defendant to attend and satisfactorily complete an al-
 8  cohol or drug education or training program as provided by subsection
 9    (3) of K.S.A. 21-4502 and amendments thereto;
10    (8)  order the defendant to repay the amount of any reward paid by
11  any crime stoppers chapter, individual, corporation or public entity which
12  materially aided in the apprehension or conviction of the defendant; or
13  repay the amount of any public funds utilized by a law enforcement
14  agency to purchase controlled substances from the defendant during the
15  investigation which leads to the defendant's conviction. Such repayment
16  of the amount of any public funds utilized by a law enforcement agency
17  shall be deposited and credited to the same fund from which the public
18  funds were credited to prior to use by the law enforcement agency;
19    (9)  impose any appropriate combination of (1), (2), (3), (4), (5), (6),
20    (7) and (8); or
21    (10)  suspend imposition of sentence in misdemeanor cases.
22    In addition to or in lieu of any of the above, the court shall order the
23  defendant to pay restitution, which shall include, but not be limited to,
24  damage or loss caused by the defendant's crime, unless the court finds
25  compelling circumstances which would render a plan of restitution un-
26  workable. If the court finds a plan of restitution unworkable, the court
27  shall state on the record in detail the reasons therefor.
28    If the court orders restitution, the restitution shall be a judgment
29  against the defendant which may be collected by the court by garnishment
30  or other execution as on judgments in civil cases. If, after 60 days from
31  the date restitution is ordered by the court, a defendant is found to be in
32  noncompliance with the plan established by the court for payment of
33  restitution, and the victim to whom restitution is ordered paid has not
34  initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
35  amendments thereto, the court shall assign an agent procured by the
36  attorney general pursuant to K.S.A. 1996 Supp. 75-719 and amendments
37  thereto to collect the restitution on behalf of the victim. The administra-
38  tive judge of each judicial district may assign such cases to an appropriate
39  division of the court for the conduct of civil collection proceedings.
40    In addition to or in lieu of any of the above, the court shall order the
41  defendant to submit to and complete an alcohol and drug evaluation, and
42  pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
43  and amendments thereto.
44    In imposing a fine the court may authorize the payment thereof in
SB 215
                                     3
 1  
 2  -installments. In releasing a defendant on probation, the court shall direct
 3  that the defendant be under the supervision of a court services officer. If
 4  the court commits the defendant to the custody of the secretary of cor-
 5  rections or to jail, the court may specify in its order the amount of res-
 6  titution to be paid and the person to whom it shall be paid if restitution
 7  is later ordered as a condition of parole or conditional release.
 8    When a new felony is committed while the offender is incarcerated
 9  and serving a sentence for a felony or while the offender is on probation,
10  assignment to a community correctional services program, parole, con-
11  ditional release, or postrelease supervision for a felony, a new sentence
12  shall be imposed pursuant to the consecutive sentencing requirements of
13  K.S.A. 21-4608, and amendments thereto, and the court may sentence
14  the offender to imprisonment for the new conviction, even when the new
15  crime of conviction otherwise presumes a nonprison sentence. In this
16  event, imposition of a prison sentence for the new crime does not con-
17  stitute a departure.
18    Prior to imposing a dispositional departure for a defendant whose of-
19  fense is classified in the presumptive nonprison grid block of either sen-
20  tencing guideline grid, prior to sentencing a defendant to incarceration
21  whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
22  guidelines grid for nondrug crimes, or prior to revocation of a nonprison
23  sanction of a defendant whose offense is classified in the presumptive
24  nonprison grid block of either sentencing guideline grid or grid blocks 5-
25  H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the
26  court shall consider placement of the defendant in the Labette correc-
27  tional conservation camp. Pursuant to this paragraph the defendant shall
28  not be sentenced to imprisonment if space is available in the conservation
29  camp and the defendant meets all of the conservation camp's placement
30  criteria unless the court states on the record the reasons for not placing
31  the defendant in the conservation camp.
32    The court in committing a defendant to the custody of the secretary of
33  corrections shall fix a term of confinement within the limits provided by
34  law. In those cases where the law does not fix a term of confinement for
35  the crime for which the defendant was convicted, the court shall fix the
36  term of such confinement.
37    (b)  For persons convicted of felonies prior to July 1, 1997,
     dispositions
38  which do not involve commitment to the custody of the secretary of cor-
39  rections shall not entail the loss by the defendant of any civil rights.
40    (c)  This section shall not deprive the court of any authority conferred
41  by any other Kansas statute to decree a forfeiture of property, suspend
42  or cancel a license, remove a person from office, or impose any other civil
43  penalty as a result of conviction of crime.
44    (d)  An application for or acceptance of probation or assignment to a
SB 215
                                     4
 1  
 2  -community correctional services program shall not constitute an acqui-
 3  escence in the judgment for purpose of appeal, and any convicted person
 4  may appeal from such conviction, as provided by law, without regard to
 5  whether such person has applied for probation, suspended sentence or
 6  assignment to a community correctional services program.
 7    (e)  The secretary of corrections is authorized to make direct place-
 8  ment to the Labette correctional conservation camp of an inmate sen-
 9  tenced to the secretary's custody if the inmate: (1) Has been sentenced
10  to the secretary for a probation revocation or as a departure from the
11  presumptive nonimprisonment grid block of either sentencing grid; and
12    (2) otherwise meets admission criteria of the camp. If the inmate suc-
13  cessfully completes the 180-day conservation camp program, the secre-
14  tary of corrections shall report such completion to the sentencing court
15  and the county or district attorney. The inmate shall then be assigned by
16  the court to 180 days of follow-up supervision conducted by the appro-
17  priate community corrections services program. The court may also order
18  that supervision continue thereafter for the length of time authorized by
19  K.S.A. 21-4611 and amendments thereto.
20    (f)  When it is provided by law that a person shall be sentenced pur-
21  suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
22  this section shall not apply.
23    Sec. 2.  K.S.A. 1996 Supp. 21-4611 is hereby amended to read as
24  follows: 21-4611. (a)(1) The period of suspension of sentence, probation
25  or assignment to community corrections fixed by the court shall not ex-
26  ceed five years in felony cases involving crimes committed prior to July
27  1, 1993, or two years in misdemeanor cases, subject to renewal and ex-
28  tension for additional fixed periods not exceeding five years in such felony
29  cases, nor two years in misdemeanor cases. In no event shall the total
30  period of probation, suspension of sentence or assignment to community
31  corrections for a felony committed prior to July 1, 1993, exceed the
32  greatest maximum term provided by law for the crime, except that where
33  the defendant is convicted of nonsupport of a child, the period may be
34  continued as long as the responsibility for support continues. Probation,
35  suspension of sentence or assignment to community corrections may be
36  terminated by the court at any time and upon such termination or upon
37  termination by expiration of the term of probation, suspension of sentence
38  or assignment to community corrections, an order to this effect shall be
39  entered by the court.
40    (2)  For persons convicted of felonies on and after July 1, 1997, an
41  order of termination of probation or assignment to community corrections
42  shall have the effect of restoring the civil rights lost under subsection
     (a)
43  of K.S.A. 21-4615 and amendments thereto and such order of termination
44  shall so state. Such order of termination shall also state that it does not
SB 215
                                     5
 1  
 2  -relieve the defendant of complying with any state or federal law relating
 3  to the use or possession of firearms by persons convicted of a felony. A
 4  copy of such order of termination shall be provided to the defendant.
 5    (b)  The district court having jurisdiction of the offender may parole
 6  any misdemeanant sentenced to confinement in the county jail. The pe-
 7  riod of such parole shall be fixed by the court and shall not exceed two
 8  years and shall be terminated in the manner provided for termination of
 9  suspended sentence and probation.
10    (c)  For all crimes committed on or after July 1, 1993, the recom-
11  mended duration of probation in all felony cases is as follows:
12    (1)  For nondrug crimes:
13    (A)  Thirty-six months for crimes in crime severity levels 1 through 5;
14  and
15    (B)  24 months for crimes in crime severity levels 6 through 10; and
16    (2)  for drug crimes:
17    (A)  Thirty-six months for crimes in crime severity levels 1 through 3;
18  and
19    (B)  24 months for crimes in crime severity level 4.
20    (3)  Except as provided in subsections (c)(4) and (c)(5), the total pe-
21  riod in all cases shall not exceed 60 months, or the maximum period of
22  the prison sentence that could be imposed whichever is longer. Nonprison
23  sentences may be terminated by the court at any time.
24    (4)  If the defendant is convicted of nonsupport of a child, the period
25  may be continued as long as the responsibility for support continues. If
26  the defendant is ordered to pay full or partial restitution, the period may
27  be continued as long as the amount of restitution ordered has not been
28  paid.
29    (5)  The court may modify or extend the offender's period of super-
30  vision, pursuant to a modification hearing and a judicial finding of neces-
31  sity. Such extensions may be made for a maximum period of five years or
32  the maximum period of the prison sentence that could be imposed,
33  whichever is longer, inclusive of the original supervision term.
34    Sec. 3.  K.S.A. 1996 Supp. 21-4615 is hereby amended to read as
35  follows: 21-4615. (1)(a) A person who has been convicted in any state or
36  federal court of a felony shall, by reason of such conviction, be ineligible
37  to hold any public office under the laws of the state of Kansas, or to
38  register as a voter or to vote in any election held under the laws of the
39  state of Kansas or to serve as a juror in any civil or criminal case.
40    (2)(b)  The ineligibilities imposed by this section shall attach upon
41  conviction and shall continue until such person is finally discharged from
42  parole or, conditional release, postrelease supervision, probation, a com-
43  munity correctional services program or other authorized disposition or
44  is discharged from custody by reason of the expiration of the term of
SB 215
                                     6
 1  
 2  -imprisonment to which the person was sentenced, at which time the
 3  rights lost under subsection (a) shall automatically be restored.
 4    (3)(c)  The ineligibilities imposed upon a convicted person by this sec-
 5  tion shall be in addition to such other penalties as may be provided by
 6  law. Restoration of the rights lost under subsection (a) shall not relieve
     a
 7  convicted person of complying with any state or federal law relating to
 8  use or possession of firearms by persons convicted of a felony.
 9    (d)  The provisions of this section apply to persons convicted of a fel-
10  ony on or after July 1, 1997.
11    Sec. 4.  K.S.A. 1996 Supp. 21-4619 is hereby amended to read as
12  follows: 21-4619. (a) Except as provided in subsections (b) and (c), any
13  person convicted in this state of a traffic infraction, cigarette or tobacco
14  infraction, misdemeanor or a class D or E felony, or for crimes committed
15  on or after July 1, 1993, nondrug crimes ranked in severity levels 6
16  through 10 or any felony ranked in severity level 4 of the drug grid, may
17  petition the convicting court for the expungement of such conviction if
18  three or more years have elapsed since the person: (1) Satisfied the sen-
19  tence imposed; or (2) was discharged from probation, a community cor-
20  rectional services program, parole, postrelease supervision, conditional
21  release or a suspended sentence.
22    (b)  Except as provided in subsection (c), no person may petition for
23  expungement until five or more years have elapsed since the person sat-
24  isfied the sentence imposed or was discharged from probation, a com-
25  munity correctional services program, parole, postrelease supervision,
26  conditional release or a suspended sentence, if such person was convicted
27  of a class A, B or C felony, or for crimes committed on or after July 1,
28  1993, if convicted of an off-grid felony or any nondrug crime ranked in
29  severity levels 1 through 5 or any felony ranked in severity levels 1
     through
30  3 of the drug grid, or:
31    (1)  Vehicular homicide, as defined by K.S.A. 21-3405 and amend-
32  ments thereto or as prohibited by any law of another state which is in
33  substantial conformity with that statute;
34    (2)  a violation of K.S.A. 8-1567 and amendments thereto, or a viola-
35  tion of any law of another state, which declares to be unlawful the acts
36  prohibited by that statute;
37    (3)  driving while the privilege to operate a motor vehicle on the public
38  highways of this state has been canceled, suspended or revoked, as pro-
39  hibited by K.S.A. 8-262 and amendments thereto or as prohibited by any
40  law of another state which is in substantial conformity with that statute;
41    (4)  perjury resulting from a violation of K.S.A. 8-261a and amend-
42  ments thereto or resulting from the violation of a law of another state
43  which is in substantial conformity with that statute;
44    (5)  violating the provisions of the fifth clause of K.S.A. 8-142 and
SB 215
                                     7
 1  
 2  -amendments thereto, relating to fraudulent applications or violating the
 3  provisions of a law of another state which is in substantial conformity with
 4  that statute;
 5    (6)  any crime punishable as a felony wherein a motor vehicle was
 6  used in the perpetration of such crime;
 7    (7)  failing to stop at the scene of an accident and perform the duties
 8  required by K.S.A. 8-1602, 8-1603 or 8-1604, and amendments thereto,
 9  or required by a law of another state which is in substantial conformity
10  with those statutes;
11    (8)  violating the provisions of K.S.A. 40-3104 and amendments
12  thereto, relating to motor vehicle liability insurance coverage; or
13    (9)  a violation of K.S.A. 21-3405b, and amendments thereto.
14    (c)  There shall be no expungement of convictions for the following
15  offenses or of convictions for an attempt to commit any of the following
16  offenses: (1) Rape as defined in subsection (a)(2) of K.S.A. 21-3502 and
17  amendments thereto; (2) indecent liberties with a child as defined in
18  K.S.A. 21-3503 and amendments thereto; (3) aggravated indecent liber-
19  ties with a child as defined in K.S.A. 21-3504 and amendments thereto;
20    (4) criminal sodomy as defined in subsection (a)(2) or (a)(3) of K.S.A.
     21-
21  3505 and amendments thereto; (5) aggravated criminal sodomy as defined
22  in K.S.A. 21-3506 and amendments thereto; (6) indecent solicitation of a
23  child as defined in K.S.A. 21-3510 and amendments thereto; (7) aggra-
24  vated indecent solicitation of a child as defined in K.S.A. 21-3511 and
25  amendments thereto; (8) sexual exploitation of a child as defined in K.S.A.
26  21-3516 and amendments thereto; (9) aggravated incest as defined in
27  K.S.A. 21-3603 and amendments thereto; (10) endangering a child as
28  defined in K.S.A. 21-3608 and amendments thereto; (11) abuse of a child
29  as defined in K.S.A. 21-3609 and amendments thereto; or (12) any con-
30  viction for any offense in effect at any time prior to the effective date of
31  this act, that is comparable to any offense as provided in this subsection.
32    (d)  When a petition for expungement is filed, the court shall set a
33  date for a hearing thereon and shall give notice thereof to the prosecuting
34  attorney. The petition shall state: (1) The defendant's full name; (2) the
35  full name of the defendant at the time of arrest and conviction, if
     different
36  than the defendant's current name; (3) the defendant's sex, race and date
37  of birth; (4) the crime for which the defendant was convicted; (5) the
38  date of the defendant's conviction; and (6) the identity of the convicting
39  court. There shall be no docket fee for filing a petition pursuant to this
40  section. All petitions for expungement shall be docketed in the original
41  criminal action. Any person who may have relevant information about the
42  petitioner may testify at the hearing. The court may inquire into the
43  background of the petitioner and shall have access to any reports or re-
44  cords relating to the petitioner that are on file with the secretary of cor-
SB 215
                                     8
 1  
 2  -rections or the Kansas parole board.
 3    (e)  At the hearing on the petition, the court shall order the petiti-
 4  oner's conviction expunged if the court finds that:
 5    (1)  The petitioner has not been convicted of a felony in the past two
 6  years and no proceeding involving any such crime is presently pending
 7  or being instituted against the petitioner;
 8    (2)  the circumstances and behavior of the petitioner warrant the
 9  expungement; and
10    (3)  the expungement is consistent with the public welfare.
11    (f)  When the court has ordered a conviction expunged, the order of
12  expungement shall state the information required to be contained in the
13  petition. The clerk of the court shall send a certified copy of the order of
14  expungement to the Kansas bureau of investigation which shall notify the
15  federal bureau of investigation, the secretary of corrections and any other
16  criminal justice agency which may have a record of the conviction. After
17  the order of expungement is entered, the petitioner shall be treated as
18  not having been convicted of the crime, except that:
19    (1)  Upon conviction for any subsequent crime, the conviction that
20  was expunged may be considered as a prior conviction in determining the
21  sentence to be imposed;
22    (2)  the petitioner shall disclose that the conviction occurred if asked
23  about previous convictions (A) in any application for employment as a
24  detective with a private detective agency, as defined by K.S.A. 75-7b01
25  and amendments thereto; as security personnel with a private patrol op-
26  erator, as defined by K.S.A. 75-7b01 and amendments thereto; with a
27  criminal justice agency, as defined by K.S.A. 22-4701 and amendments
28  thereto; or with an institution, as defined in K.S.A. 76-12a01 and amend-
29  ments thereto, of the department of social and rehabilitation services; (B)
30  in any application for admission, or for an order of reinstatement, to the
31  practice of law in this state; (C) to aid in determining the petitioner's
32  qualifications for employment with the Kansas lottery or for work in sen-
33  sitive areas within the Kansas lottery as deemed appropriate by the ex-
34  ecutive director of the Kansas lottery; (D) to aid in determining the pe-
35  titioner's qualifications for executive director of the Kansas racing
36  commission, for employment with the commission or for work in sensitive
37  areas in parimutuel racing as deemed appropriate by the executive direc-
38  tor of the commission, or to aid in determining qualifications for licensure
39  or renewal of licensure by the commission; or (E) upon application for a
40  commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and
41  amendments thereto; (F)  the petitioner's qualifications to be an em-
42  ployee of the state gaming agency; or (G) the petitioner's qualifications
     to
43  be an employee of a tribal gaming commission or to hold a license issued
44  pursuant to a tribal-state gaming compact;
SB 215
                                     9
 1  
 2    -(3)  the court, in the order of expungement, may specify other cir-
 3  cumstances under which the conviction is to be disclosed;
 4    (4)  the conviction may be disclosed in a subsequent prosecution for
 5  an offense which requires as an element of such offense a prior conviction
 6  of the type expunged; and
 7    (5)  upon commitment to the custody of the secretary of corrections,
 8  any previously expunged record in the possession of the secretary of cor-
 9  rections may be reinstated and the expungement disregarded, and the
10  record continued for the purpose of the new commitment.
11    (g)  Whenever a person is convicted of a crime, pleads guilty and pays
12  a fine for a crime, is placed on parole, postrelease supervision or proba-
13  tion, is assigned to a community correctional services program, is granted
14  a suspended sentence or is released on conditional release, the person
15  shall be informed of the ability to expunge the conviction.
16    (h)  Subject to the disclosures required pursuant to subsection (f), in
17  any application for employment, license or other civil right or privilege,
18  or any appearance as a witness, a person whose conviction of a crime has
19  been expunged under this statute may state that such person has never
20  been convicted of such crime, but the expungement of a felony conviction
21  does not relieve an individual of complying with any state or federal law
22  relating to the use or possession of firearms by persons convicted of a
23  felony.
24    (i)  Whenever the record of any conviction has been expunged under
25  the provisions of this section or under the provisions of any other existing
26  or former statute, the custodian of the records of arrest, conviction and
27  incarceration relating to that crime shall seal and maintain such records
28  but shall not disclose the existence of such records, except when re-
29  quested by:
30    (1)  The person whose record was expunged;
31    (2)  a criminal justice agency, private detective agency or a private
32  patrol operator, and the request is accompanied by a statement that the
33  request is being made in conjunction with an application for employment
34  with such agency or operator by the person whose record has been ex-
35  punged;
36    (3)  a court, upon a showing of a subsequent conviction of the person
37  whose record has been expunged;
38    (4)  the secretary of social and rehabilitation services, or a designee
     of
39  the secretary, for the purpose of obtaining information relating to em-
40  ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
41  ments thereto, of the department of social and rehabilitation services of
42  any person whose record has been expunged;
43    (5)  a person entitled to such information pursuant to the terms of the
44  expungement order;
SB 215
                                     10
 1  
 2    -(6)  a prosecuting attorney, and such request is accompanied by a
 3  statement that the request is being made in conjunction with a prosecu-
 4  tion of an offense that requires a prior conviction as one of the elements
 5  of such offense;
 6    (7)  the supreme court, the clerk or disciplinary administrator thereof,
 7  the state board for admission of attorneys or the state board for discipline
 8  of attorneys, and the request is accompanied by a statement that the
 9  request is being made in conjunction with an application for admission,
10  or for an order of reinstatement, to the practice of law in this state by
     the
11  person whose record has been expunged;
12    (8)  the Kansas lottery, and the request is accompanied by a statement
13  that the request is being made to aid in determining qualifications for
14  employment with the Kansas lottery or for work in sensitive areas within
15  the Kansas lottery as deemed appropriate by the executive director of the
16  Kansas lottery;
17    (9)  the governor or the Kansas racing commission, or a designee of
18  the commission, and the request is accompanied by a statement that the
19  request is being made to aid in determining qualifications for executive
20  director of the commission, for employment with the commission, for
21  work in sensitive areas in parimutuel racing as deemed appropriate by
22  the executive director of the commission or for licensure, renewal of
23  licensure or continued licensure by the commission; or
24    (10)  the Kansas sentencing commission; or
25    (11)  the state gaming agency, and the request is accompanied by a
26  statement that the request is being made to aid in determining qualifica-
27  tions: (A) To be an employee of the state gaming agency; or (B) to be an
28  employee of a tribal gaming commission or to hold a license issued pur-
29  suant to a tribal-state gaming compact.
30    Sec. 5.  K.S.A. 22-3722 is hereby amended to read as follows: 22-
31  3722. The period served on parole or conditional release shall be deemed
32  service of the term of confinement, and, subject to the provisions con-
33  tained in K.S.A. 75-5217 and amendments thereto relating to an inmate
34  who is a fugitive from or has fled from justice, the total time served may
35  not exceed the maximum term or sentence. The period served on post-
36  release supervision shall vest in and be subject to the provisions contained
37  in K.S.A. 75-5217 and amendments thereto relating to an inmate who is
38  a fugitive from or has fled from justice. The total time served shall not
39  exceed the postrelease supervision period established at sentencing.
40    When an inmate on parole or conditional release has performed the
41  obligations of the release for such time as shall satisfy the Kansas parole
42  board that final release is not incompatible with the best interest of
     society
43  and the welfare of the individual, the parole board may make a final order
44  of discharge and issue a certificate of discharge to the inmate but no such
SB 215
                                     11
 1  
 2  -order of discharge shall be made in any case within a period of less than
 3  one year after the date of release except where the sentence expires ear-
 4  lier thereto. When an inmate has reached the end of the postrelease
 5  supervision period, the parole board shall issue a certificate of discharge
 6  to the releasee. Such discharge, and the discharge of an inmate who has
 7  served the inmate's term of imprisonment, shall have the effect of re-
 8  storing all the civil rights lost by operation of law upon commitment under
 9  the provisions of subsection (a) of K.S.A. 21-4615 and amendments
10  thereto, and the certification certificate of discharge shall so state. The
11  certificate of discharge shall also state that such certificate does not
     relieve
12  the inmate of complying with any state or federal law relating to the use
13  or possession of firearms by persons convicted of a felony. Nothing herein
14  contained shall be held to impair the power of the governor to grant a
15  pardon or commutation of sentence in any case.
16    Sec. 6.  K.S.A. 43-158 is hereby amended to read as follows: 43-158.
17  The following persons shall be excused from jury service: (a) Persons
18  unable to read, write, and understand the English language with a degree
19  of proficiency sufficient to fill out a jury questionnaire form prepared by
20  the commissioner;
21    (b)  persons under adjudication of incompetency adjudicated as a dis-
22  abled person, as defined in K.S.A. 59-3002 and amendments thereto;
23    (c)  persons who within ten (10) years immediately preceding have
24  been convicted of or pleaded guilty, or nolo contendere, to an indictment
25  or information charging a felony, unless such person has been finally dis-
26  charged from supervision for such felony conviction or has been dis-
27  charged from custody by reason of the expiration of the term of impris-
28  onment to which the person was sentenced for such felony conviction.
29    Sec. 7.  K.S.A. 22-3722 and 43-158 and K.S.A. 1996 Supp. 21-4603d,
30  21-4611, 21-4615, 21-4619 and 21-4619b are hereby repealed.
31    Sec. 8.  This act shall take effect and be in force from and after its
32  publication in the statute book.