SB 258--
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Session of 1997
SENATE BILL No. 258
By Committee on Judiciary
2-10
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9 AN ACT concerning crimes, criminal procedure and punishment; con- 10 ditions of probation, suspension of sentence, assignment to a com- 11 munity correctional services program or postrelease supervision; at- 12 tendance of defendant at secondary or postsecondary educational 13 institutions; amending K.S.A. 21-4610 and K.S.A. 1996 Supp. 22-3717 14 and repealing the existing sections. 15 16 Be it enacted by the Legislature of the State of Kansas: 17 Section 1. K.S.A. 21-4610 is hereby amended to read as follows: 21- 18 4610. (a) Except as required by subsection (d), nothing in this section 19 shall be construed to limit the authority of the court to impose or modify 20 any general or specific conditions of probation, suspension of sentence 21 or assignment to a community correctional services program, except that 22 the court shall condition any order granting probation, suspension of sen- 23 tence or assignment to a community correctional services program on the 24 defendant's obedience of the laws of the United States, the state of Kansas 25 and any other jurisdiction to the laws of which the defendant may be 26 subject. 27 (b) The court services officer or community correctional services of- 28 ficer may recommend, and the court may order, the imposition of any 29 conditions of probation, suspension of sentence or assignment to a com- 30 munity correctional services program. For crimes committed on or after 31 July 1, 1993, in presumptive nonprison cases, the court services officer 32 or community correctional services officer may recommend, and the 33 court may order, the imposition of any conditions of probation or assign- 34 ment to a community correctional services program. The court may at 35 any time order the modification of such conditions, after notice to the 36 court services officer or community correctional services officer and an 37 opportunity for such officer to be heard thereon. The court shall cause a 38 copy of any such order to be delivered to the court services officer and 39 the probationer or to the community correctional services officer and the 40 community corrections participant, as the case may be. 41 (c) The court may impose any conditions of probation, suspension of 42 sentence or assignment to a community correctional services program 43 that the court deems proper, including but not limited to requiring that SB 258
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 1  the defendant:
 2    (1)  Avoid such injurious or vicious habits, as directed by the court,
 3  court services officer or community correctional services officer;
 4    (2)  avoid such persons or places of disreputable or harmful character,
 5  as directed by the court, court services officer or community correctional
 6  services officer;
 7    (3)  report to the court services officer or community correctional
 8  services officer as directed;
 9    (4)  permit the court services officer or community correctional serv-
10  ices officer to visit the defendant at home or elsewhere;
11    (5)  work faithfully at suitable employment insofar as possible;
12    (6)  remain within the state unless the court grants permission to
13  leave;
14    (7)  pay a fine or costs, applicable to the offense, in one or several
15  sums and in the manner as directed by the court;
16    (8)  support the defendant's dependents;
17    (9)  reside in a residential facility located in the community and par-
18  ticipate in educational, counseling, work and other correctional or reha-
19  bilitative programs;
20    (10)  perform community or public service work for local govern-
21  mental agencies, private corporations organized not for profit, or chari-
22  table or social service organizations performing services for the commu-
23  nity;
24    (11)  perform services under a system of day fines whereby the de-
25  fendant is required to satisfy fines, costs or reparation or restitution ob-
26  ligations by performing services for a period of days determined by the
27  court on the basis of ability to pay, standard of living, support obligations
28  and other factors;
29    (12)  participate in a house arrest program pursuant to K.S.A. 21-
30  4603b, and amendments thereto; or
31    (13)  in felony cases, except for violations of K.S.A. 8-1567 and amend-
32  ments thereto, be confined in a county jail not to exceed 30 days, which
33  need not be served consecutively.
34    (d)  In addition to any other conditions of probation, suspension of
35  sentence or assignment to a community correctional services program,
36  the court shall order the defendant to comply with each of the following
37  conditions:
38    (1)  Make reparation or restitution to the aggrieved party for the dam-
39  age or loss caused by the defendant's crime, in an amount and manner
40  determined by the court and to the person specified by the court, unless
41  the court finds compelling circumstances which would render a plan of
42  restitution unworkable. If the court finds a plan of restitution unworkable,
43  the court shall state on the record in detail the reasons therefor;
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 1    (2)  pay the probation or community correctional services fee pursu-
 2  ant to K.S.A. 21-4610a, and amendments thereto; and
 3    (3)  reimburse the state general fund for all or a part of the expendi-
 4  tures by the state board of indigents' defense services to provide counsel
 5  and other defense services to the defendant. In determining the amount
 6  and method of payment of such sum, the court shall take account of the
 7  financial resources of the defendant and the nature of the burden that
 8  payment of such sum will impose. A defendant who has been required
 9  to pay such sum and who is not willfully in default in the payment thereof
10  may at any time petition the court which sentenced the defendant to
11  waive payment of such sum or of any unpaid portion thereof. If it appears
12  to the satisfaction of the court that payment of the amount due will im-
13  pose manifest hardship on the defendant or the defendant's immediate
14  family, the court may waive payment of all or part of the amount due or
15  modify the method of payment.
16    (e)  In determining the conditions of probation, suspension of sentence
17  or assignment to a community correctional services program, the court
18  shall specifically consider whether the defendant should be able to attend
19  secondary or post secondary educational institutions immediately upon
20  commencing the period of probation, suspension of sentence or assign-
21  ment to community corrections fixed by the court, or whether, in view of
22  the crime or crimes the defendant was convicted of, the public safety
23  demands that the defendant be restricted as one of the conditions of pro-
24  bation, suspension of sentence or assignment to a community correctional
25  services program from attending or residing near such an institution dur-
26  ing the period of probation, suspension of sentence or assignment to a
27  community correctional services program.
28    Sec. 2.  K.S.A. 1996 Supp. 22-3717 is hereby amended to read as
29  follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
30  1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
31  4638 and amendments thereto, an inmate, including an inmate sentenced
32  pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
33  parole after serving the entire minimum sentence imposed by the court,
34  less good time credits.
35    (b) (1)  Except as provided by K.S.A. 21-4635 through 21-4638 and
36  amendments thereto, an inmate sentenced to imprisonment for the crime
37  of capital murder, or an inmate sentenced for the crime of murder in the
38  first degree based upon a finding of premeditated murder, committed on
39  or after July 1, 1994, shall be eligible for parole after serving 25 years of
40  confinement, without deduction of any good time credits.
41    (2)  Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
42  Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
43  and amendments thereto, an inmate sentenced to imprisonment for an
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 1  off-grid offense committed on or after July 1, 1993, shall be eligible for
 2  parole after serving 15 years of confinement, without deduction of any
 3  good time credits.
 4    (3)  Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
 5  repeal, an inmate sentenced for a class A felony committed before July
 6  1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
 7  amendments thereto, shall be eligible for parole after serving 15 years of
 8  confinement, without deduction of any good time credits.
 9    (4)  An inmate sentenced to imprisonment for a violation of subsec-
10  tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
11  July 1, 1996, shall be eligible for parole after serving 10 years of confine-
12  ment without deduction of any good time credits.
13    (c)  Except as provided in subsection (e), if an inmate is sentenced to
14  imprisonment for more than one crime and the sentences run consecu-
15  tively, the inmate shall be eligible for parole after serving the total of:
16    (1)  The aggregate minimum sentences, as determined pursuant to
17  K.S.A. 21-4608 and amendments thereto, less good time credits for those
18  crimes which are not class A felonies; and
19    (2)  an additional 15 years, without deduction of good time credits,
20  for each crime which is a class A felony.
21    (d) (1)  Persons sentenced for crimes, other than off-grid crimes,
22  committed on or after July 1, 1993, will not be eligible for parole, but will
23  be released to a mandatory period of postrelease supervision upon com-
24  pletion of the prison portion of their sentence as follows:
25    (A)  Except as provided in subparagraphs (C) and (D), persons sen-
26  tenced for nondrug severity level 1 through 6 crimes and drug severity
27  levels 1 through 3 crimes must serve 36 months, plus the amount of good
28  time earned and retained pursuant to K.S.A. 21-4722 and amendments
29  thereto, on postrelease supervision.
30    (B)  Except as provided in subparagraphs (C) and (D), persons sen-
31  tenced for nondrug severity level 7 through 10 crimes and drug severity
32  level 4 crimes must serve 24 months, plus the amount of good time earned
33  and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
34  postrelease supervision.
35    (C) (i)  The sentencing judge shall impose the postrelease supervision
36  period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
37  finds substantial and compelling reasons to impose a departure based
38  upon a finding that the current crime of conviction was sexually violent
39  or sexually motivated. In that event, departure may be imposed to extend
40  the postrelease supervision to a period of up to 60 months.
41    (ii)  If the sentencing judge departs from the presumptive postrelease
42  supervision period, the judge shall state on the record at the time of
43  sentencing the substantial and compelling reasons for the departure. De-
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 1  partures in this section are subject to appeal pursuant to K.S.A. 21-4721
 2  and amendments thereto.
 3    (iii)  In determining whether substantial and compelling reasons exist,
 4  the court shall consider:
 5    (a)  Written briefs or oral arguments submitted by either the defen-
 6  dant or the state;
 7    (b)  any evidence received during the proceeding;
 8    (c)  the presentence report, the victim's impact statement and any
 9  psychological evaluation as ordered by the court pursuant to subsection
10    (e) of K.S.A. 21-4714 and amendments thereto; and
11    (d)  any other evidence the court finds trustworthy and reliable.
12    (iv)  The sentencing judge may order that a psychological evaluation
13  be prepared and the recommended programming be completed by the
14  offender. The department of corrections or the parole board shall ensure
15  that court ordered sex offender treatment be carried out.
16    (v)  In carrying out the provisions of subparagraph (d)(1)(C), the court
17  shall refer to K.S.A. 21-4718 and amendments thereto.
18    (vi)  Upon petition, the parole board may provide for early discharge
19  from the postrelease supervision period upon completion of court or-
20  dered programs and completion of the presumptive postrelease super-
21  vision period, as determined by the crime of conviction, pursuant to sub-
22  paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
23  is at the discretion of the parole board.
24    (vii)  Persons convicted of crimes deemed sexually violent or sexually
25  motivated, shall be registered according to the habitual sex offender reg-
26  istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
27    (D)  The period of postrelease supervision provided in subparagraphs
28  (A) and (B) may be reduced by up to 12 months based on the offender's
29  compliance with conditions of supervision and overall performance while
30  on postrelease supervision. The reduction in the supervision period shall
31  be on an earned basis pursuant to rules and regulations adopted by the
32  secretary of corrections.
33    (E)  In cases where sentences for crimes from more than one severity
34  level have been imposed, the highest severity level offense will dictate
35  the period of postrelease supervision. Supervision periods will not aggre-
36  gate.
37    (2)  As used in this section, ``sexually violent crime'' means:
38    (A)  Rape, K.S.A. 21-3502, and amendments thereto;
39    (B)  indecent liberties with a child, K.S.A. 21-3503, and amendments
40  thereto;
41    (C)  aggravated indecent liberties with a child, K.S.A. 21-3504, and
42  amendments thereto;
43    (D)  criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
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 1  and amendments thereto;
 2    (E)  aggravated criminal sodomy, K.S.A. 21-3506, and amendments
 3  thereto;
 4    (F)  indecent solicitation of a child, K.S.A. 21-3510, and amendments
 5  thereto;
 6    (G)  aggravated indecent solicitation of a child, K.S.A. 21-3511, and
 7  amendments thereto;
 8    (H)  sexual exploitation of a child, K.S.A. 21-3516, and amendments
 9  thereto;
10    (I)  aggravated sexual battery, K.S.A. 21-3518, and amendments
11  thereto;
12    (J)  any conviction for a felony offense in effect at any time prior to
13  the effective date of this act, that is comparable to a sexually violent crime
14  as defined in subparagraphs (A) through (I), or any federal or other state
15  conviction for a felony offense that under the laws of this state would be
16  a sexually violent crime as defined in this section;
17    (K)  an attempt, conspiracy or criminal solicitation, as defined in
18  K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
19  violent crime as defined in this section; or
20    (L)  any act which at the time of sentencing for the offense has been
21  determined beyond a reasonable doubt to have been sexually motivated.
22  As used in this subparagraph, ``sexually motivated'' means that one of the
23  purposes for which the defendant committed the crime was for the pur-
24  pose of the defendant's sexual gratification.
25    (e)  If an inmate is sentenced to imprisonment for a crime committed
26  while on parole or conditional release, the inmate shall be eligible for
27  parole as provided by subsection (c), except that the Kansas parole board
28  may postpone the inmate's parole eligibility date by assessing a penalty
29  not exceeding the period of time which could have been assessed if the
30  inmate's parole or conditional release had been violated for reasons other
31  than conviction of a crime.
32    (f)  If a person is sentenced to prison for a crime committed on or
33  after July 1, 1993, while on probation, parole, conditional release or in a
34  community corrections program, for a crime committed prior to July 1,
35  1993, and the person is not eligible for retroactive application of the
36  sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
37  4724 and amendments thereto, the new sentence shall not be aggregated
38  with the old sentence, but shall begin when the person is paroled or
39  reaches the conditional release date on the old sentence. If the offender
40  was past the offender's conditional release date at the time the new of-
41  fense was committed, the new sentence shall not be aggregated with the
42  old sentence but shall begin when the person is ordered released by the
43  Kansas parole board or reaches the maximum sentence expiration date
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 1  on the old sentence, whichever is earlier. The new sentence shall then
 2  be served as otherwise provided by law. The period of postrelease su-
 3  pervision shall be based on the new sentence, except that those offenders
 4  whose old sentence is a term of imprisonment for life, imposed pursuant
 5  to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
 6  sentence with a maximum term of life imprisonment, for which there is
 7  no conditional release or maximum sentence expiration date, shall remain
 8  on postrelease supervision for life or until discharged from supervision
 9  by the Kansas parole board.
10    (g)  Subject to the provisions of this section, the Kansas parole board
11  may release on parole those persons confined in institutions who are el-
12  igible for parole when: (1) The board believes that the inmate should be
13  released for hospitalization, for deportation or to answer the warrant or
14  other process of a court and is of the opinion that there is reasonable
15  probability that the inmate can be released without detriment to the com-
16  munity or to the inmate; or (2) the secretary of corrections has reported
17  to the board in writing that the inmate has satisfactorily completed the
18  programs required by any agreement entered under K.S.A. 75-5210a and
19  amendments thereto, or any revision of such agreement, and the board
20  believes that the inmate is able and willing to fulfill the obligations of a
21  law abiding citizen and is of the opinion that there is reasonable proba-
22  bility that the inmate can be released without detriment to the community
23  or to the inmate. Parole shall not be granted as an award of clemency and
24  shall not be considered a reduction of sentence or a pardon.
25    (h)  The Kansas parole board shall hold a parole hearing during the
26  month prior to the month an inmate will be eligible for parole under
27  subsections (a), (b) and (c). At least the month preceding the parole hear-
28  ing, the county or district attorney of the county where the inmate was
29  convicted shall give written notice of the time and place of the public
30  comment sessions for the inmate to any victim of the inmate's crime who
31  is alive and whose address is known to the county or district attorney or,
32  if the victim is deceased, to the victim's family if the family's address is
33  known to the county or district attorney. Except as otherwise provided,
34  failure to notify pursuant to this section shall not be a reason to postpone
35  a parole hearing. In the case of any inmate convicted of a class A felony
36  the secretary of corrections shall give written notice of the time and place
37  of the public comment session for such inmate at least one month pre-
38  ceding the public comment session to any victim of such inmate's crime
39  or the victim's family pursuant to K.S.A. 74-7338 and amendments
40  thereto. If notification is not given to such victim or such victim's family
41  in the case of any inmate convicted of a class A felony, the board shall
42  postpone a decision on parole of the inmate to a time at least 30 days
43  after notification is given as provided in this section. Nothing in this sec-
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 1  tion shall create a cause of action against the state or an employee of the
 2  state acting within the scope of the employee's employment as a result
 3  of the failure to notify pursuant to this section. If granted parole, the
 4  inmate may be released on parole on the date specified by the board, but
 5  not earlier than the date the inmate is eligible for parole under subsec-
 6  tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
 7  at such intervals thereafter as it determines appropriate, the Kansas parole
 8  board shall consider: (1) Whether the inmate has satisfactorily completed
 9  the programs required by any agreement entered under K.S.A. 75-5210a
10  and amendments thereto, or any revision of such agreement; and (2) all
11  pertinent information regarding such inmate, including, but not limited
12  to, the circumstances of the offense of the inmate; the presentence report;
13  the previous social history and criminal record of the inmate; the conduct,
14  employment, and attitude of the inmate in prison; the reports of such
15  physical and mental examinations as have been made; comments of the
16  victim and the victim's family; comments of the public; official comments;
17  and capacity of state correctional institutions.
18    (i)  In those cases involving inmates sentenced for a crime committed
19  after July 1, 1993, the parole board will review the inmates proposed
20  release plan. The board may schedule a hearing if they desire. The board
21  may impose any condition they deem necessary to insure public safety,
22  aid in the reintegration of the inmate into the community, or items not
23  completed under the agreement entered into under K.S.A. 75-5210a and
24  amendments thereto.  In determining the conditions of parole or post-
25  release supervision, the board shall specifically consider whether the in-
26  mate should be able to attend secondary or post secondary educational
27  institutions immediately upon commencing the period of supervision, or
28  whether, in view of the crime or crimes the inmate was convicted of, the
29  public safety demands that the inmate be restricted as one of the condi-
30  tions of release from attending or residing near such an institution during
31  the term of postrelease supervision.  The board may not advance or delay
32  an inmate's release date. Every inmate while on postrelease supervision
33  shall remain in the legal custody of the secretary of corrections and is
34  subject to the orders of the secretary.
35    (j)  Within a reasonable time after an inmate is committed to the cus-
36  tody of the secretary of corrections, a member of the Kansas parole board,
37  or a designee of the board, shall hold an initial informational hearing with
38  such inmate and other inmates.
39    (k)  Before ordering the parole of any inmate, the Kansas parole board
40  shall have the inmate appear before it and shall interview the inmate
41  unless impractical because of the inmate's physical or mental condition
42  or absence from the institution. Every inmate while on parole shall remain
43  in the legal custody of the secretary of corrections and is subject to the
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 1  orders of the secretary. Whenever the Kansas parole board formally con-
 2  siders placing an inmate on parole and no agreement has been entered
 3  into with the inmate under K.S.A. 75-5210a and amendments thereto,
 4  the board shall notify the inmate in writing of the reasons for not granting
 5  parole. If an agreement has been entered under K.S.A. 75-5210a and
 6  amendments thereto and the inmate has not satisfactorily completed the
 7  programs specified in the agreement, or any revision of such agreement,
 8  the board shall notify the inmate in writing of the specific programs the
 9  inmate must satisfactorily complete before parole will be granted. If pa-
10  role is not granted only because of a failure to satisfactorily complete such
11  programs, the board shall grant parole upon the secretary's certification
12  that the inmate has successfully completed such programs. If an agree-
13  ment has been entered under K.S.A. 75-5210a and amendments thereto
14  and the secretary of corrections has reported to the board in writing that
15  the inmate has satisfactorily completed the programs required by such
16  agreement, or any revision thereof, the board shall not require further
17  program participation. However, if the board determines that other per-
18  tinent information regarding the inmate warrants the inmate's not being
19  released on parole, the board shall state in writing the reasons for not
20  granting the parole. If parole is denied for an inmate sentenced for a
21  crime other than a class A or class B felony or an off-grid felony, the
22  board shall hold another parole hearing for the inmate not later than one
23  year after the denial unless the parole board finds that it is not reasonable
24  to expect that parole would be granted at a hearing if held in the next
25  three years or during the interim period of a deferral. In such case, the
26  parole board may defer subsequent parole hearings for up to three years
27  but any such deferral by the board shall require the board to state the
28  basis for its findings.  If parole is denied for an inmate sentenced for a
29  class A or class B felony or an off-grid felony, the board shall hold another
30  parole hearing for the inmate not later than three years after the denial
31  unless the parole board finds that it is not reasonable to expect that parole
32  would be granted at a hearing if held in the next 10 years or during the
33  interim period of a deferral. In such case, the parole board may defer
34  subsequent parole hearings for up to 10 years but any such deferral shall
35  require the board to state the basis for its findings.
36    (l)  Parolees and persons on postrelease supervision shall be assigned,
37  upon release, to the appropriate level of supervision pursuant to the cri-
38  teria established by the secretary of corrections.
39    (m)  The Kansas parole board shall adopt rules and regulations in
40  accordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
41  consistent with the law and as it may deem proper or necessary, with
42  respect to the conduct of parole hearings, postrelease supervision reviews,
43  revocation hearings, orders of restitution and other conditions to be im-
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 1  posed upon parolees or releasees. Whenever an order for parole or post-
 2  release supervision is issued it shall recite the conditions thereof.
 3    (n)  Whenever the Kansas parole board orders the parole of an inmate
 4  or establishes conditions for an inmate placed on postrelease supervision,
 5  the board:
 6    (1)  Unless it finds compelling circumstances which would render a
 7  plan of payment unworkable, shall order as a condition of parole or post-
 8  release supervision that the parolee or the person on postrelease super-
 9  vision pay any transportation expenses resulting from returning the pa-
10  rolee or the person on postrelease supervision to this state to answer
11  criminal charges or a warrant for a violation of a condition of probation,
12  assignment to a community correctional services program, parole, con-
13  ditional release or postrelease supervision;
14    (2)  subject to the provisions of subsection (i) and to the extent prac-
15  ticable, shall order as a condition of parole or postrelease supervision that
16  the parolee or the person on postrelease supervision make progress to-
17  wards or successfully complete the equivalent of a secondary education
18  if the inmate has not previously completed such educational equivalent
19  and is capable of doing so; and
20    (3)  may order that the parolee or person on postrelease supervision
21  perform community or public service work for local governmental agen-
22  cies, private corporations organized not-for-profit or charitable or social
23  service organizations performing services for the community.
24    (o)  If the court which sentenced an inmate specified at the time of
25  sentencing the amount and the recipient of any restitution ordered as a
26  condition of parole or postrelease supervision, the Kansas parole board
27  shall order as a condition of parole or postrelease supervision that the
28  inmate pay restitution in the amount and manner provided in the journal
29  entry unless the board finds compelling circumstances which would ren-
30  der a plan of restitution unworkable. If the parolee was sentenced before
31  July 1, 1986, and the court did not specify at the time of sentencing the
32  amount and the recipient of any restitution ordered as a condition of
33  parole, the parole board shall order as a condition of parole that the
34  parolee make restitution for the damage or loss caused by the parolee's
35  crime in an amount and manner determined by the board unless the
36  board finds compelling circumstances which would render a plan of res-
37  titution unworkable. If the parolee was sentenced on or after July 1, 1986,
38  and the court did not specify at the time of sentencing the amount and
39  the recipient of any restitution ordered as a condition of parole or post-
40  release supervision, the parole board shall not order restitution as a con-
41  dition of parole or postrelease supervision unless the board finds com-
42  pelling circumstances which justify such an order.
43    (p)  Whenever the Kansas parole board grants the parole of an inmate,
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 1  the board, within 10 days of the date of the decision to grant parole, shall
 2  give written notice of the decision to the county or district attorney of the
 3  county where the inmate was sentenced.
 4    (q)  When an inmate is to be released on postrelease supervision, the
 5  secretary, within 30 days prior to release, shall provide the county or
 6  district attorney of the county where the inmate was sentenced written
 7  notice of the release date.
 8    (r)  Inmates shall be released on postrelease supervision upon the ter-
 9  mination of the prison portion of their sentence. Time served while on
10  postrelease supervision will vest.
11    (s)  An inmate who is allocated regular good time credits as provided
12  in K.S.A. 22-3725 and amendments thereto may receive meritorious good
13  time credits in increments of not more than 90 days per meritorious act.
14  These credits may be awarded by the secretary of corrections when an
15  inmate has acted in a heroic or outstanding manner in coming to the
16  assistance of another person in a life threatening situation, preventing
17  injury or death to a person, preventing the destruction of property or
18  taking actions which result in a financial savings to the state.
19    Sec. 3.  K.S.A. 21-4610 and K.S.A. 1996 Supp. 22-3717 are hereby
20  repealed.
21    Sec. 4.  This act shall take effect and be in force from and after its
22  publication in the statute book.