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10  AN ACT concerning crimes, punishment and criminal procedure; relating
11    to recoupment of certain state expenditures to provide counsel and
12    other defense services to indigent defendants; concerning pretrial re-
13    lease procedures; amending K.S.A. 20-350, 21-4603, 21-4610, 22-
14    2802, 22-3718, 22-4504, 22-4507, 22-4513 and 22-4522 and K.S.A.
15    1996 Supp. 21-4603d, 22-3717 and 75-719 and repealing the existing
16    sections.
17
18  Be it enacted by the Legislature of the State of Kansas:
19    New Section. 1.  (a) On or before January 1, 1998, each judicial dis-
20  trict shall provide by rule for an own recognizance-cash deposit pretrial
21  release program which shall be in addition to the current statutory pretrial
22  release system, as provided in K.S.A. 22-2801 et seq., and amendments
23  thereto, for:
24    (1)  All misdemeanors;
25    (2)  level 7, 8, 9 and 10 felonies;
26    (3)  drug severity level 4 felonies; and
27    (4)  unranked or unclassified felonies other than off-grid felonies.
28    (b)  The own recognizance-cash deposit pretrial release program shall
29  provide that an accused person may deposit with the clerk of the court a
30  cash sum not to exceed 10% of the amount of the appearance bond set
31  by the court. If the defendant makes such a cash deposit, 90% of the
32  deposit shall be returned to the defendant upon performance of all re-
33  quired appearances and payment of all court-ordered obligations or a
34  finding of not guilty. The remainder of each deposit and any interest
35  thereon shall be remitted to the county treasurer, and the county treas-
36  urer shall deposit the same to the credit of the county general fund.
37    New Section 1.  The court may impose an administrative fee in
38  the amount of $35 against any defendant entitled to counsel pur-
39  suant to K.S.A. 22-4503, and amendments thereto. If it appears to
40  the satisfaction of the court that payment of the administrative fee
41  will impose manifest hardship on the defendant, the court may
42  waive payment of all or part of the administrative fee. All moneys
43  received pursuant to this section shall be remitted to the state trea-
SB 28--Am.
                                     

 1  surer at least monthly, and the state treasurer shall deposit the same
 2  in the state treasury to the credit of the indigents' defense services
 3  fund.
 4    New Sec. 2.  The clerk of the district court shall remit at least
 5  monthly to the county treasurer of each county in the judicial district,
 6  and the county treasurer shall deposit the same to the credit of the county
 7  general fund, the amount equal to 50% 40% of the total amount of bail
 8  forfeitures received in such county during the preceding calendar month.
 9    Sec. 3.  K.S.A. 20-350 is hereby amended to read as follows: 20-350.
10    (a) Except for fines and penalties authorized to be paid to counties pur-
11  suant to K.S.A. 19-101e and amendments thereto, and as provided for
12  bail forfeitures in section 2 and subsection (b), and amendments thereto,
13  all moneys received by the clerk of the district court from the payment
14  of fines, penalties and forfeitures shall be remitted to the state treasurer,
15  in the manner provided by K.S.A. 20-2801 and amendments thereto, and
16  the state treasurer shall deposit the same in the state treasury to the credit
17  of the state general fund, except as provided in K.S.A. 74-7336, and
18  amendments thereto.
19    (b)  Except as provided by section 2, all moneys received by the
20  clerk of the district court from the payment of bail forfeitures shall
21  be remitted to the state treasurer at least monthly. The state treas-
22  urer shall deposit the same in the state treasury and shall credit
23  equal portions of such remittance to the indigents' defense services
24  fund and the state general fund.
25    (b) (c)  The administrative judge may invest any moneys on deposit
26  in the district court account if the moneys are not immediately required
27  for the purposes for which they were collected or received. Such moneys
28  may be invested in: (1) Time deposits, open account or certificates of
29  deposit, for periods not to exceed six months, or savings deposits, in com-
30  mercial banks located in the county, except that amounts invested which
31  are not insured by the United States government shall be secured in the
32  manner and amounts provided by K.S.A. 9-1402 and amendments
33  thereto; (2) United States treasury bills or notes with maturities not to
34  exceed six months; or (3) savings and loan associations located in the
35  county. No investment of more than the amount insured by the federal
36  deposit insurance corporation shall be made in any one savings and loan
37  association. Interest received from the investment of moneys pursuant to
38  this subsection shall be paid to the state treasurer in the manner provided
39  by K.S.A. 20-2801 and amendments thereto, and the state treasurer shall
40  deposit the same in the state treasury to the credit of the state general
41  fund.
42    (c) (d)  Upon application of a party to an action in which such party
43  claims ownership of moneys held by the district court, the administrative
SB 28--Am.
                                     

 1  judge may invest such moneys in the same manner as provided by sub-
 2  section (b) (c). Interest received from the investment of moneys pursuant
 3  to this subsection shall become the property of the person found to be
 4  the owner of the moneys.
 5    Sec. 4.  K.S.A. 21-4603 is hereby amended to read as follows: 21-
 6  4603. (a) Whenever any person has been found guilty of a crime and the
 7  court finds that an adequate presentence investigation cannot be con-
 8  ducted by resources available within the judicial district, including mental
 9  health centers and mental health clinics, the court may require that a
10  presentence investigation be conducted by the Topeka correctional facil-
11  ity or by the state security hospital. If the offender is sent to the Topeka
12  correctional facility or the state security hospital for a presentence inves-
13  tigation under this section, the correctional facility or hospital may keep
14  the offender confined for a maximum of 60 days, except that an inmate
15  may be held for a longer period of time on order of the secretary, or until
16  the court calls for the return of the offender. While held at the Topeka
17  correctional facility or the state security hospital the defendant may be
18  treated the same as any person committed to the secretary of corrections
19  or secretary of social and rehabilitation services for purposes of maintain-
20  ing security and control, discipline, and emergency medical or psychiatric
21  treatment, and general population management except that no such per-
22  son shall be transferred out of the state or to a federal institution or to
23  any other location unless the transfer is between the correctional facility
24  and the state security hospital. The correctional facility or the state se-
25  curity hospital shall compile a complete mental and physical evaluation
26  of such offender and shall make its findings and recommendations known
27  to the court in the presentence report.
28    (b)  Except as provided in subsection (c), whenever any person has
29  been found guilty of a crime, the court may adjudge any of the following:
30    (1)  Commit the defendant to the custody of the secretary of correc-
31  tions or, if confinement is for a term less than one year, to jail for the
32  term provided by law;
33    (2)  impose the fine applicable to the offense;
34    (3)  release the defendant on probation subject to such conditions as
35  the court may deem appropriate, including orders requiring full or partial
36  restitution. In felony cases, the court may include confinement in a county
37  jail not to exceed 30 days, which need not be served consecutively, as a
38  condition of probation;
39    (4)  suspend the imposition of the sentence subject to such conditions
40  as the court may deem appropriate, including orders requiring full or
41  partial restitution. In felony cases, the court may include confinement in
42  a county jail not to exceed 30 days, which need not be served consecu-
43  tively, as a condition of suspension of sentence;
SB 28--Am.
                                     

 1    (5)  assign the defendant to a community correctional services pro-
 2  gram subject to such conditions as the court may deem appropriate, in-
 3  cluding orders requiring full or partial restitution;
 4    (6)  assign the defendant to a conservation camp for a period not to
 5  exceed 180 days;
 6    (7)  assign the defendant to a house arrest program pursuant to K.S.A.
 7  21-4603b and amendments thereto;
 8    (8)  order the defendant to attend and satisfactorily complete an al-
 9  cohol or drug education or training program as provided by subsection
10    (3) of K.S.A. 21-4502 and amendments thereto; or
11    (9)  order the defendant to pay the administrative fee authorized
12  by section 1, unless waived by the court; or
13    (9) (10)  impose any appropriate combination of subsections (b)(1)
14  through (b)(8)(9).
15    In addition to or in lieu of any of the above, the court shall order the
16  defendant to submit to and complete an alcohol and drug evaluation, and
17  pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
18  and amendments thereto.
19    In addition to any of the above, the court shall order the defendant to
20  reimburse the state general fund for all or a part of the expenditures by
21  the state board of indigents' defense services to provide counsel and other
22  defense services to the defendant. In determining the amount and method
23  of payment of such sum, the court shall take account of the financial
24  resources of the defendant and the nature of the burden that payment of
25  such sum will impose. A defendant who has been required to pay such
26  sum and who is not willfully in default in the payment thereof may at any
27  time petition the court which sentenced the defendant to waive payment
28  of such sum or any unpaid portion thereof. If it appears to the satisfaction
29  of the court that payment of the amount due will impose manifest hardship
30  on the defendant or the defendant's immediate family, the court may
31  waive payment of all or part of the amount due or modify the method of
32  payment. The amount of attorney fees to be included in the court order
33  for reimbursement shall be equal to the lesser of the amount claimed by
34  appointed counsel on the payment voucher for indigents' defense services
35  or the amount prescribed by the board of indigents' defense services re-
36  imbursement table tables as provided in K.S.A. 22-4522, and amend-
37  ments thereto.
38    In imposing a fine the court may authorize the payment thereof in
39  installments. In releasing a defendant on probation, the court shall direct
40  that the defendant be under the supervision of a court services officer. If
41  the court commits the defendant to the custody of the secretary of cor-
42  rections or to jail, the court may specify in its order the amount of res-
43  titution to be paid and the person to whom it shall be paid if restitution
SB 28--Am.
                                     

 1  is later ordered as a condition of parole or conditional release.
 2    The court in committing a defendant to the custody of the secretary of
 3  corrections shall fix a maximum term of confinement within the limits
 4  provided by law. In those cases where the law does not fix a maximum
 5  term of confinement for the crime for which the defendant was convicted,
 6  the court shall fix the maximum term of such confinement. In all cases
 7  where the defendant is committed to the custody of the secretary of
 8  corrections, the court shall fix the minimum term within the limits pro-
 9  vided by law.
10    (c)  Whenever any juvenile felon, as defined in K.S.A. 38-16,112, and
11  amendments thereto, has been found guilty of a class A or B felony, the
12  court shall commit the defendant to the custody of the secretary of cor-
13  rections and may impose the fine applicable to the offense.
14    (d) (1)  Except when an appeal is taken and determined adversely to
15  the defendant as provided in subsection (d)(2), at any time within 120
16  days after a sentence is imposed, after probation or assignment to a com-
17  munity correctional services program has been revoked, the court may
18  modify such sentence, revocation of probation or assignment to a com-
19  munity correctional services program by directing that a less severe pen-
20  alty be imposed in lieu of that originally adjudged within statutory limits
21  and shall modify such sentence if recommended by the Topeka correc-
22  tional facility unless the court finds and sets forth with particularity the
23  reasons for finding that the safety of members of the public will be jeop-
24  ardized or that the welfare of the inmate will not be served by such
25  modification.
26    (2)  If an appeal is taken and determined adversely to the defendant,
27  such sentence may be modified within 120 days after the receipt by the
28  clerk of the district court of the mandate from the supreme court or court
29  of appeals.
30    (e)  The court shall modify the sentence at any time before the expi-
31  ration thereof when such modification is recommended by the secretary
32  of corrections unless the court finds and sets forth with particularity the
33  reasons for finding that the safety of members of the public will be jeop-
34  ardized or that the welfare of the inmate will not be served by such
35  modification. The court shall have the power to impose a less severe
36  penalty upon the inmate, including the power to reduce the minimum
37  below the statutory limit on the minimum term prescribed for the crime
38  of which the inmate has been convicted. The recommendation of the
39  secretary of corrections, the hearing on the recommendation and the
40  order of modification shall be made in open court. Notice of the rec-
41  ommendation of modification of sentence and the time and place of the
42  hearing thereon shall be given by the inmate, or by the inmate's legal
43  counsel, at least 21 days prior to the hearing to the county or district
SB 28--Am.
                                     

 1  attorney of the county where the inmate was convicted. After receipt of
 2  such notice and at least 14 days prior to the hearing, the county or district
 3  attorney shall give notice of the recommendation of modification of sen-
 4  tence and the time and place of the hearing thereon to any victim of the
 5  inmate's crime who is alive and whose address is known to the county or
 6  district attorney or, if the victim is deceased, to the victim's next of kin if
 7  the next of kin's address is known to the county or district attorney. Proof
 8  of service of each notice required to be given by this subsection shall be
 9  filed with the court.
10    (f)  After such defendant has been assigned to a conservation camp
11  but prior to the end of 180 days, the chief administrator of such camp
12  shall file a performance report and recommendations with the court. The
13  court shall enter an order based on such report and recommendations
14  modifying the sentence, if appropriate, by sentencing the defendant to
15  any of the authorized dispositions provided in subsection (b), except to
16  reassign such person to a conservation camp as provided in subsection
17    (b)(6).
18    (g)  Dispositions which do not involve commitment to the custody of
19  the secretary of corrections and commitments which are revoked within
20  120 days shall not entail the loss by the defendant of any civil rights.
21    (h)  This section shall not deprive the court of any authority conferred
22  by any other Kansas statute to decree a forfeiture of property, suspend
23  or cancel a license, remove a person from office, or impose any other civil
24  penalty as a result of conviction of crime.
25    (i)  An application for or acceptance of probation, suspended sentence
26  or assignment to a community correctional services program shall not
27  constitute an acquiescence in the judgment for purpose of appeal, and
28  any convicted person may appeal from such conviction, as provided by
29  law, without regard to whether such person has applied for probation,
30  suspended sentence or assignment to a community correctional services
31  program.
32    (j)  When it is provided by law that a person shall be sentenced pur-
33  suant to K.S.A. 21-4628, and amendments thereto, the provisions of this
34  section shall not apply.
35    (k)  The provisions of this section shall apply to crimes committed
36  before July 1, 1993.
37    Sec. 5.  K.S.A. 1996 Supp. 21-4603d is hereby amended to read as
38  follows: 21-4603d. (a) Whenever any person has been found guilty of a
39  crime, the court may adjudge any of the following:
40    (1)  Commit the defendant to the custody of the secretary of correc-
41  tions if the current crime of conviction is a felony and the sentence pre-
42  sumes imprisonment, or the sentence imposed is a dispositional departure
43  to imprisonment; or, if confinement is for a misdemeanor, to jail for the
SB 28--Am.
                                     

 1  term provided by law;
 2    (2)  impose the fine applicable to the offense;
 3    (3)  release the defendant on probation if the current crime of con-
 4  viction and criminal history fall within a presumptive nonprison category
 5  or through a departure for substantial and compelling reasons subject to
 6  such conditions as the court may deem appropriate. In felony cases except
 7  for violations of K.S.A. 8-1567 and amendments thereto, the court may
 8  include confinement in a county jail not to exceed 30 days, which need
 9  not be served consecutively, as a condition of probation or community
10  corrections placement;
11    (4)  assign the defendant to a community correctional services pro-
12  gram in presumptive nonprison cases or through a departure for substan-
13  tial and compelling reasons subject to such conditions as the court may
14  deem appropriate, including orders requiring full or partial restitution;
15    (5)  assign the defendant to a conservation camp for a period not to
16  exceed 180 days as a condition of probation followed by a 180-day period
17  of follow-up through adult intensive supervision by a community correc-
18  tional services program, if the offender successfully completes the con-
19  servation camp program. If the defendant was classified in grid blocks 3-
20  G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court
21  may impose a nonprison sanction on the condition that the offender com-
22  plete the program at the Labette correctional conservation camp. Such a
23  placement decision shall not be considered a departure and shall not be
24  subject to appeal;
25    (6)  assign the defendant to a house arrest program pursuant to K.S.A.
26  21-4603b and amendments thereto;
27    (7)  order the defendant to attend and satisfactorily complete an al-
28  cohol or drug education or training program as provided by subsection
29    (3) of K.S.A. 21-4502 and amendments thereto;
30    (8)  order the defendant to repay the amount of any reward paid by
31  any crime stoppers chapter, individual, corporation or public entity which
32  materially aided in the apprehension or conviction of the defendant; or
33  repay the amount of any public funds utilized by a law enforcement
34  agency to purchase controlled substances from the defendant during the
35  investigation which leads to the defendant's conviction. Such repayment
36  of the amount of any public funds utilized by a law enforcement agency
37  shall be deposited and credited to the same fund from which the public
38  funds were credited to prior to use by the law enforcement agency;
39    (9)  order the defendant to pay the administrative fee authorized
40  by section 1, unless waived by the court;
41    (9) (10)  impose any appropriate combination of (1), (2), (3), (4), (5),
42    (6), (7) and (8), (8) and (9); or
43    (10) (11)  suspend imposition of sentence in misdemeanor cases.
SB 28--Am.
                                     

 1    In addition to or in lieu of any of the above, the court shall order the
 2  defendant to pay restitution, which shall include, but not be limited to,
 3  damage or loss caused by the defendant's crime, unless the court finds
 4  compelling circumstances which would render a plan of restitution un-
 5  workable. If the court finds a plan of restitution unworkable, the court
 6  shall state on the record in detail the reasons therefor.
 7    If the court orders restitution, the restitution shall be a judgment
 8  against the defendant which may be collected by the court by garnishment
 9  or other execution as on judgments in civil cases. If, after 60 days from
10  the date restitution is ordered by the court, a defendant is found to be in
11  noncompliance with the plan established by the court for payment of
12  restitution, and the victim to whom restitution is ordered paid has not
13  initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
14  amendments thereto, the court shall assign an agent procured by the
15  attorney general pursuant to K.S.A. 1996 Supp. 75-719 and amendments
16  thereto to collect the restitution on behalf of the victim. The administra-
17  tive judge of each judicial district may assign such cases to an appropriate
18  division of the court for the conduct of civil collection proceedings.
19    In addition to or in lieu of any of the above, the court shall order the
20  defendant to submit to and complete an alcohol and drug evaluation, and
21  pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
22  and amendments thereto.
23    In imposing a fine the court may authorize the payment thereof in
24  installments. In releasing a defendant on probation, the court shall direct
25  that the defendant be under the supervision of a court services officer. If
26  the court commits the defendant to the custody of the secretary of cor-
27  rections or to jail, the court may specify in its order the amount of res-
28  titution to be paid and the person to whom it shall be paid if restitution
29  is later ordered as a condition of parole or conditional release.
30    When a new felony is committed while the offender is incarcerated
31  and serving a sentence for a felony or while the offender is on probation,
32  assignment to a community correctional services program, parole, con-
33  ditional release, or postrelease supervision for a felony, a new sentence
34  shall be imposed pursuant to the consecutive sentencing requirements of
35  K.S.A. 21-4608, and amendments thereto, and the court may sentence
36  the offender to imprisonment for the new conviction, even when the new
37  crime of conviction otherwise presumes a nonprison sentence. In this
38  event, imposition of a prison sentence for the new crime does not con-
39  stitute a departure.
40    Prior to imposing a dispositional departure for a defendant whose of-
41  fense is classified in the presumptive nonprison grid block of either sen-
42  tencing guideline grid, prior to sentencing a defendant to incarceration
43  whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
SB 28--Am.
                                     

 1  guidelines grid for nondrug crimes, or prior to revocation of a nonprison
 2  sanction of a defendant whose offense is classified in the presumptive
 3  nonprison grid block of either sentencing guideline grid or grid blocks
 4  5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the
 5  court shall consider placement of the defendant in the Labette correc-
 6  tional conservation camp. Pursuant to this paragraph the defendant shall
 7  not be sentenced to imprisonment if space is available in the conservation
 8  camp and the defendant meets all of the conservation camp's placement
 9  criteria unless the court states on the record the reasons for not placing
10  the defendant in the conservation camp.
11    The court in committing a defendant to the custody of the secretary of
12  corrections shall fix a term of confinement within the limits provided by
13  law. In those cases where the law does not fix a term of confinement for
14  the crime for which the defendant was convicted, the court shall fix the
15  term of such confinement.
16    In addition to any of the above, the court shall order the defendant to
17  reimburse the state general fund for all or a part of the expenditures by
18  the state board of indigents' defense services to provide counsel and other
19  defense services to the defendant. In determining the amount and method
20  of payment of such sum, the court shall take account of the financial
21  resources of the defendant and the nature of the burden that payment of
22  such sum will impose. A defendant who has been required to pay such
23  sum and who is not willfully in default in the payment thereof may at any
24  time petition the court which sentenced the defendant to waive payment
25  of such sum or any unpaid portion thereof. If it appears to the satisfaction
26  of the court that payment of the amount due will impose manifest hardship
27  on the defendant or the defendant's immediate family, the court may
28  waive payment of all or part of the amount due or modify the method of
29  payment. The amount of attorney fees to be included in the court order
30  for reimbursement shall be equal to the lesser of the amount claimed by
31  appointed counsel on the payment voucher for indigents' defense services
32  or the amount prescribed by the state board of indigents' defense services
33  reimbursement table tables as provided in K.S.A. 22-4522, and amend-
34  ments thereto.
35    (b)  Dispositions which do not involve commitment to the custody of
36  the secretary of corrections shall not entail the loss by the defendant of
37  any civil rights.
38    (c)  This section shall not deprive the court of any authority conferred
39  by any other Kansas statute to decree a forfeiture of property, suspend
40  or cancel a license, remove a person from office, or impose any other civil
41  penalty as a result of conviction of crime.
42    (d)  An application for or acceptance of probation or assignment to a
43  community correctional services program shall not constitute an acqui-
SB 28--Am.
                                     

 1  escence in the judgment for purpose of appeal, and any convicted person
 2  may appeal from such conviction, as provided by law, without regard to
 3  whether such person has applied for probation, suspended sentence or
 4  assignment to a community correctional services program.
 5    (e)  The secretary of corrections is authorized to make direct place-
 6  ment to the Labette correctional conservation camp of an inmate sen-
 7  tenced to the secretary's custody if the inmate: (1) Has been sentenced
 8  to the secretary for a probation revocation or as a departure from the
 9  presumptive nonimprisonment grid block of either sentencing grid; and
10    (2) otherwise meets admission criteria of the camp. If the inmate suc-
11  cessfully completes the 180-day conservation camp program, the secre-
12  tary of corrections shall report such completion to the sentencing court
13  and the county or district attorney. The inmate shall then be assigned by
14  the court to 180 days of follow-up supervision conducted by the appro-
15  priate community corrections services program. The court may also order
16  that supervision continue thereafter for the length of time authorized by
17  K.S.A. 21-4611 and amendments thereto.
18    (f)  When it is provided by law that a person shall be sentenced pur-
19  suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
20  this section shall not apply.
21    Sec. 6.  K.S.A. 21-4610 is hereby amended to read as follows: 21-
22  4610. (a) Except as required by subsection (d), nothing in this section
23  shall be construed to limit the authority of the court to impose or modify
24  any general or specific conditions of probation, suspension of sentence
25  or assignment to a community correctional services program, except that
26  the court shall condition any order granting probation, suspension of sen-
27  tence or assignment to a community correctional services program on the
28  defendant's obedience of the laws of the United States, the state of Kansas
29  and any other jurisdiction to the laws of which the defendant may be
30  subject.
31    (b)  The court services officer or community correctional services of-
32  ficer may recommend, and the court may order, the imposition of any
33  conditions of probation, suspension of sentence or assignment to a com-
34  munity correctional services program. For crimes committed on or after
35  July 1, 1993, in presumptive nonprison cases, the court services officer
36  or community correctional services officer may recommend, and the
37  court may order, the imposition of any conditions of probation or assign-
38  ment to a community correctional services program. The court may at
39  any time order the modification of such conditions, after notice to the
40  court services officer or community correctional services officer and an
41  opportunity for such officer to be heard thereon. The court shall cause a
42  copy of any such order to be delivered to the court services officer and
43  the probationer or to the community correctional services officer and the
SB 28--Am.
                                     

 1  community corrections participant, as the case may be.
 2    (c)  The court may impose any conditions of probation, suspension of
 3  sentence or assignment to a community correctional services program
 4  that the court deems proper, including but not limited to requiring that
 5  the defendant:
 6    (1)  Avoid such injurious or vicious habits, as directed by the court,
 7  court services officer or community correctional services officer;
 8    (2)  avoid such persons or places of disreputable or harmful character,
 9  as directed by the court, court services officer or community correctional
10  services officer;
11    (3)  report to the court services officer or community correctional
12  services officer as directed;
13    (4)  permit the court services officer or community correctional serv-
14  ices officer to visit the defendant at home or elsewhere;
15    (5)  work faithfully at suitable employment insofar as possible;
16    (6)  remain within the state unless the court grants permission to
17  leave;
18    (7)  pay a fine or costs, applicable to the offense, in one or several
19  sums and in the manner as directed by the court;
20    (8)  support the defendant's dependents;
21    (9)  reside in a residential facility located in the community and par-
22  ticipate in educational, counseling, work and other correctional or reha-
23  bilitative programs;
24    (10)  perform community or public service work for local govern-
25  mental agencies, private corporations organized not for profit, or chari-
26  table or social service organizations performing services for the commu-
27  nity;
28    (11)  perform services under a system of day fines whereby the de-
29  fendant is required to satisfy fines, costs or reparation or restitution ob-
30  ligations by performing services for a period of days determined by the
31  court on the basis of ability to pay, standard of living, support obligations
32  and other factors;
33    (12)  participate in a house arrest program pursuant to K.S.A. 21-
34  4603b, and amendments thereto; or
35    (13)  order the defendant to pay the administrative fee author-
36  ized by section 1, unless waived by the court; or
37    (13) (14)  in felony cases, except for violations of K.S.A. 8-1567 and
38  amendments thereto, be confined in a county jail not to exceed 30 days,
39  which need not be served consecutively.
40    (d)  In addition to any other conditions of probation, suspension of
41  sentence or assignment to a community correctional services program,
42  the court shall order the defendant to comply with each of the following
43  conditions:
SB 28--Am.
                                     

 1    (1)  Make reparation or restitution to the aggrieved party for the dam-
 2  age or loss caused by the defendant's crime, in an amount and manner
 3  determined by the court and to the person specified by the court, unless
 4  the court finds compelling circumstances which would render a plan of
 5  restitution unworkable. If the court finds a plan of restitution unworkable,
 6  the court shall state on the record in detail the reasons therefor;
 7    (2)  pay the probation or community correctional services fee pursu-
 8  ant to K.S.A. 21-4610a, and amendments thereto; and
 9    (3)  reimburse the state general fund for all or a part of the expendi-
10  tures by the state board of indigents' defense services to provide counsel
11  and other defense services to the defendant. In determining the amount
12  and method of payment of such sum, the court shall take account of the
13  financial resources of the defendant and the nature of the burden that
14  payment of such sum will impose. A defendant who has been required
15  to pay such sum and who is not willfully in default in the payment thereof
16  may at any time petition the court which sentenced the defendant to
17  waive payment of such sum or of any unpaid portion thereof. If it appears
18  to the satisfaction of the court that payment of the amount due will im-
19  pose manifest hardship on the defendant or the defendant's immediate
20  family, the court may waive payment of all or part of the amount due or
21  modify the method of payment. The amount of attorney fees to be in-
22  cluded in the court order for reimbursement shall be equal to the lesser
23  of the amount claimed by appointed counsel on the payment voucher for
24  indigents' defense services or the amount prescribed by the board of in-
25  digents' defense services reimbursement table tables as provided in K.S.A.
26  22-4522, and amendments thereto.
27    Sec. 7.  K.S.A. 22-2802 is hereby amended to read as follows: 22-
28  2802. (1) Any person charged with a crime shall, at the person's first
29  appearance before a magistrate, be ordered released pending preliminary
30  examination or trial upon the execution of an appearance bond in an
31  amount specified by the magistrate and sufficient to assure the appear-
32  ance of such person before the magistrate when ordered and to assure
33  the public safety. If the person is being bound over for a felony, the bond
34  shall also be conditioned on the person's appearance in the district court
35  or by way of a two-way electronic audio-video communication as provided
36  in subsection (11) at the time required by the court to answer the charge
37  against such person and at any time thereafter that the court requires.
38  The magistrate may impose such of the following additional conditions of
39  release as will reasonably assure the appearance of the person for prelim-
40  inary examination or trial:
41    (a)  Place the person in the custody of a designated person or organ-
42  ization agreeing to supervise such person;
43    (b)  place restrictions on the travel, association or place of abode of
SB 28--Am.
                                     

 1  the person during the period of release;
 2    (c)  impose any other condition deemed reasonably necessary to as-
 3  sure appearance as required, including a condition requiring that the
 4  person return to custody during specified hours; or
 5    (d)  place the person under a house arrest program pursuant to K.S.A.
 6  21-4603b, and amendments thereto.
 7    (2)  In addition to any conditions of release provided in subsection (1),
 8  for any person charged with a felony, the magistrate may order such
 9  person to submit to a drug abuse examination and evaluation in a public
10  or private treatment facility or state institution and, if determined by the
11  head of such facility or institution that such person is a drug abuser or
12  incapacitated by drugs, to submit to treatment for such drug abuse, as a
13  condition of release.
14    (3)  The appearance bond shall be executed with sufficient solvent
15  sureties who are residents of the state of Kansas, unless the magistrate
16  determines, in the exercise of such magistrate's discretion, that requiring
17  sureties is not necessary to assure the appearance of the person at the
18  time ordered.
19    (4)  A deposit of cash in the amount of the bond or in the amount
20  adopted pursuant to section 1, may be made in lieu of the execution of
21  the bond by sureties.
22    (5)  In determining which conditions of release will reasonably assure
23  appearance and the public safety, the magistrate shall, on the basis of
24  available information, take into account the nature and circumstances of
25  the crime charged; the weight of the evidence against the defendant; the
26  defendant's family ties, employment, financial resources, character, men-
27  tal condition, length of residence in the community, record of convictions,
28  record of appearance or failure to appear at court proceedings or of flight
29  to avoid prosecution; the likelihood or propensity of the defendant to
30  commit crimes while on release, including whether the defendant will be
31  likely to threaten, harass or cause injury to the victim of the crime or any
32  witnesses thereto; and whether the defendant is on probation or parole
33  from a previous offense at the time of the alleged commission of the
34  subsequent offense.
35    (6)  The appearance bond shall set forth all of the conditions of re-
36  lease.
37    (7)  A person for whom conditions of release are imposed and who
38  continues to be detained as a result of the person's inability to meet the
39  conditions of release shall be entitled, upon application, to have the con-
40  ditions reviewed without unnecessary delay by the magistrate who im-
41  posed them. If the magistrate who imposed conditions of release is not
42  available, any other magistrate in the county may review such conditions.
43    (8)  A magistrate ordering the release of a person on any conditions
SB 28--Am.
                                     

 1  specified in this section may at any time amend the order to impose
 2  additional or different conditions of release. If the imposition of additional
 3  or different conditions results in the detention of the person, the provi-
 4  sions of subsection (7) shall apply.
 5    (9)  Statements or information offered in determining the conditions
 6  of release need not conform to the rules of evidence. No statement or
 7  admission of the defendant made at such a proceeding shall be received
 8  as evidence in any subsequent proceeding against the defendant.
 9    (10)  The appearance bond and any security required as a condition
10  of the defendant's release shall be deposited in the office of the magistrate
11  or the clerk of the court where the release is ordered. If the defendant
12  is bound to appear before a magistrate or court other than the one or-
13  dering the release, the order of release, together with the bond and se-
14  curity shall be transmitted to the magistrate or clerk of the court before
15  whom the defendant is bound to appear.
16    (11)  Proceedings before a magistrate as provided in this section to
17  determine the release conditions of a person charged with a crime in-
18  cluding release upon execution of an appearance bond may be conducted
19  by two-way electronic audio-video communication between the defen-
20  dant and the judge in lieu of personal presence of the defendant or de-
21  fendant's counsel in the courtroom in the discretion of the court. The
22  defendant may be accompanied by the defendant's counsel. The defen-
23  dant shall be informed of the defendant's right to be personally present
24  in the courtroom during such proceeding if the defendant so requests.
25  Exercising the right to be present shall in no may prejudice the defendant.
26    Sec. 8 7.  K.S.A. 1996 Supp. 22-3717 is hereby amended to read as
27  follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
28  1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
29  4638 and amendments thereto, an inmate, including an inmate sentenced
30  pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
31  parole after serving the entire minimum sentence imposed by the court,
32  less good time credits.
33    (b) (1)  Except as provided by K.S.A. 21-4635 through 21-4638 and
34  amendments thereto, an inmate sentenced to imprisonment for the crime
35  of capital murder, or an inmate sentenced for the crime of murder in the
36  first degree based upon a finding of premeditated murder, committed on
37  or after July 1, 1994, shall be eligible for parole after serving 25 years of
38  confinement, without deduction of any good time credits.
39    (2)  Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
40  Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
41  and amendments thereto, an inmate sentenced to imprisonment for an
42  off-grid offense committed on or after July 1, 1993, shall be eligible for
43  parole after serving 15 years of confinement, without deduction of any
SB 28--Am.
                                     

 1  good time credits.
 2    (3)  Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
 3  repeal, an inmate sentenced for a class A felony committed before July
 4  1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
 5  amendments thereto, shall be eligible for parole after serving 15 years of
 6  confinement, without deduction of any good time credits.
 7    (4)  An inmate sentenced to imprisonment for a violation of subsec-
 8  tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
 9  July 1, 1996, shall be eligible for parole after serving 10 years of confine-
10  ment without deduction of any good time credits.
11    (c)  Except as provided in subsection (e), if an inmate is sentenced to
12  imprisonment for more than one crime and the sentences run consecu-
13  tively, the inmate shall be eligible for parole after serving the total of:
14    (1)  The aggregate minimum sentences, as determined pursuant to
15  K.S.A. 21-4608 and amendments thereto, less good time credits for those
16  crimes which are not class A felonies; and
17    (2)  an additional 15 years, without deduction of good time credits,
18  for each crime which is a class A felony.
19    (d) (1)  Persons sentenced for crimes, other than off-grid crimes,
20  committed on or after July 1, 1993, will not be eligible for parole, but will
21  be released to a mandatory period of postrelease supervision upon com-
22  pletion of the prison portion of their sentence as follows:
23    (A)  Except as provided in subparagraphs (C) and (D), persons sen-
24  tenced for nondrug severity level 1 through 6 crimes and drug severity
25  levels 1 through 3 crimes must serve 36 months, plus the amount of good
26  time earned and retained pursuant to K.S.A. 21-4722 and amendments
27  thereto, on postrelease supervision.
28    (B)  Except as provided in subparagraphs (C) and (D), persons sen-
29  tenced for nondrug severity level 7 through 10 crimes and drug severity
30  level 4 crimes must serve 24 months, plus the amount of good time earned
31  and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
32  postrelease supervision.
33    (C) (i)  The sentencing judge shall impose the postrelease supervision
34  period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
35  finds substantial and compelling reasons to impose a departure based
36  upon a finding that the current crime of conviction was sexually violent
37  or sexually motivated. In that event, departure may be imposed to extend
38  the postrelease supervision to a period of up to 60 months.
39    (ii)  If the sentencing judge departs from the presumptive postrelease
40  supervision period, the judge shall state on the record at the time of
41  sentencing the substantial and compelling reasons for the departure. De-
42  partures in this section are subject to appeal pursuant to K.S.A. 21-4721
43  and amendments thereto.
SB 28--Am.
                                     

 1    (iii)  In determining whether substantial and compelling reasons exist,
 2  the court shall consider:
 3    (a)  Written briefs or oral arguments submitted by either the defen-
 4  dant or the state;
 5    (b)  any evidence received during the proceeding;
 6    (c)  the presentence report, the victim's impact statement and any
 7  psychological evaluation as ordered by the court pursuant to subsection
 8    (e) of K.S.A. 21-4714 and amendments thereto; and
 9    (d)  any other evidence the court finds trustworthy and reliable.
10    (iv)  The sentencing judge may order that a psychological evaluation
11  be prepared and the recommended programming be completed by the
12  offender. The department of corrections or the parole board shall ensure
13  that court ordered sex offender treatment be carried out.
14    (v)  In carrying out the provisions of subparagraph (d)(1)(C), the court
15  shall refer to K.S.A. 21-4718 and amendments thereto.
16    (vi)  Upon petition, the parole board may provide for early discharge
17  from the postrelease supervision period upon completion of court or-
18  dered programs and completion of the presumptive postrelease super-
19  vision period, as determined by the crime of conviction, pursuant to sub-
20  paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
21  is at the discretion of the parole board.
22    (vii)  Persons convicted of crimes deemed sexually violent or sexually
23  motivated, shall be registered according to the habitual sex offender reg-
24  istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
25    (D)  The period of postrelease supervision provided in subparagraphs
26  (A) and (B) may be reduced by up to 12 months based on the offender's
27  compliance with conditions of supervision and overall performance while
28  on postrelease supervision. The reduction in the supervision period shall
29  be on an earned basis pursuant to rules and regulations adopted by the
30  secretary of corrections.
31    (E)  In cases where sentences for crimes from more than one severity
32  level have been imposed, the highest severity level offense will dictate
33  the period of postrelease supervision. Supervision periods will not aggre-
34  gate.
35    (2)  As used in this section, ``sexually violent crime'' means:
36    (A)  Rape, K.S.A. 21-3502, and amendments thereto;
37    (B)  indecent liberties with a child, K.S.A. 21-3503, and amendments
38  thereto;
39    (C)  aggravated indecent liberties with a child, K.S.A. 21-3504, and
40  amendments thereto;
41    (D)  criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
42  and amendments thereto;
43    (E)  aggravated criminal sodomy, K.S.A. 21-3506, and amendments
SB 28--Am.
                                     

 1  thereto;
 2    (F)  indecent solicitation of a child, K.S.A. 21-3510, and amendments
 3  thereto;
 4    (G)  aggravated indecent solicitation of a child, K.S.A. 21-3511, and
 5  amendments thereto;
 6    (H)  sexual exploitation of a child, K.S.A. 21-3516, and amendments
 7  thereto;
 8    (I)  aggravated sexual battery, K.S.A. 21-3518, and amendments
 9  thereto;
10    (J)  any conviction for a felony offense in effect at any time prior to
11  the effective date of this act, that is comparable to a sexually violent crime
12  as defined in subparagraphs (A) through (I), or any federal or other state
13  conviction for a felony offense that under the laws of this state would be
14  a sexually violent crime as defined in this section;
15    (K)  an attempt, conspiracy or criminal solicitation, as defined in
16  K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
17  violent crime as defined in this section; or
18    (L)  any act which at the time of sentencing for the offense has been
19  determined beyond a reasonable doubt to have been sexually motivated.
20  As used in this subparagraph, ``sexually motivated'' means that one of the
21  purposes for which the defendant committed the crime was for the pur-
22  pose of the defendant's sexual gratification.
23    (e)  If an inmate is sentenced to imprisonment for a crime committed
24  while on parole or conditional release, the inmate shall be eligible for
25  parole as provided by subsection (c), except that the Kansas parole board
26  may postpone the inmate's parole eligibility date by assessing a penalty
27  not exceeding the period of time which could have been assessed if the
28  inmate's parole or conditional release had been violated for reasons other
29  than conviction of a crime.
30    (f)  If a person is sentenced to prison for a crime committed on or
31  after July 1, 1993, while on probation, parole, conditional release or in a
32  community corrections program, for a crime committed prior to July 1,
33  1993, and the person is not eligible for retroactive application of the
34  sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
35  4724 and amendments thereto, the new sentence shall not be aggregated
36  with the old sentence, but shall begin when the person is paroled or
37  reaches the conditional release date on the old sentence. If the offender
38  was past the offender's conditional release date at the time the new of-
39  fense was committed, the new sentence shall not be aggregated with the
40  old sentence but shall begin when the person is ordered released by the
41  Kansas parole board or reaches the maximum sentence expiration date
42  on the old sentence, whichever is earlier. The new sentence shall then
43  be served as otherwise provided by law. The period of postrelease su-
SB 28--Am.
                                     

 1  pervision shall be based on the new sentence, except that those offenders
 2  whose old sentence is a term of imprisonment for life, imposed pursuant
 3  to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
 4  sentence with a maximum term of life imprisonment, for which there is
 5  no conditional release or maximum sentence expiration date, shall remain
 6  on postrelease supervision for life or until discharged from supervision
 7  by the Kansas parole board.
 8    (g)  Subject to the provisions of this section, the Kansas parole board
 9  may release on parole those persons confined in institutions who are el-
10  igible for parole when: (1) The board believes that the inmate should be
11  released for hospitalization, for deportation or to answer the warrant or
12  other process of a court and is of the opinion that there is reasonable
13  probability that the inmate can be released without detriment to the com-
14  munity or to the inmate; or (2) the secretary of corrections has reported
15  to the board in writing that the inmate has satisfactorily completed the
16  programs required by any agreement entered under K.S.A. 75-5210a and
17  amendments thereto, or any revision of such agreement, and the board
18  believes that the inmate is able and willing to fulfill the obligations of a
19  law abiding citizen and is of the opinion that there is reasonable proba-
20  bility that the inmate can be released without detriment to the community
21  or to the inmate. Parole shall not be granted as an award of clemency and
22  shall not be considered a reduction of sentence or a pardon.
23    (h)  The Kansas parole board shall hold a parole hearing during the
24  month prior to the month an inmate will be eligible for parole under
25  subsections (a), (b) and (c). At least the month preceding the parole hear-
26  ing, the county or district attorney of the county where the inmate was
27  convicted shall give written notice of the time and place of the public
28  comment sessions for the inmate to any victim of the inmate's crime who
29  is alive and whose address is known to the county or district attorney or,
30  if the victim is deceased, to the victim's family if the family's address is
31  known to the county or district attorney. Except as otherwise provided,
32  failure to notify pursuant to this section shall not be a reason to postpone
33  a parole hearing. In the case of any inmate convicted of a class A felony
34  the secretary of corrections shall give written notice of the time and place
35  of the public comment session for such inmate at least one month pre-
36  ceding the public comment session to any victim of such inmate's crime
37  or the victim's family pursuant to K.S.A. 74-7338 and amendments
38  thereto. If notification is not given to such victim or such victim's family
39  in the case of any inmate convicted of a class A felony, the board shall
40  postpone a decision on parole of the inmate to a time at least 30 days
41  after notification is given as provided in this section. Nothing in this sec-
42  tion shall create a cause of action against the state or an employee of the
43  state acting within the scope of the employee's employment as a result
SB 28--Am.
                                     

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

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

 1  vision pay any transportation expenses resulting from returning the pa-
 2  rolee or the person on postrelease supervision to this state to answer
 3  criminal charges or a warrant for a violation of a condition of probation,
 4  assignment to a community correctional services program, parole, con-
 5  ditional release or postrelease supervision;
 6    (2)  to the extent practicable, shall order as a condition of parole or
 7  postrelease supervision that the parolee or the person on postrelease su-
 8  pervision make progress towards or successfully complete the equivalent
 9  of a secondary education if the inmate has not previously completed such
10  educational equivalent and is capable of doing so; and
11    (3)  may order that the parolee or person on postrelease supervision
12  perform community or public service work for local governmental agen-
13  cies, private corporations organized not-for-profit or charitable or social
14  service organizations performing services for the community.; and
15    (4)  may order the parolee or person on postrelease supervision
16  to pay the administrative fee imposed pursuant to section 1 unless
17  the board finds compelling circumstances which would render pay-
18  ment unworkable; and
19    (4)  Unless (5) unless it finds compelling circumstances which would
20  render a plan of payment unworkable, shall order that the parolee or
21  person on postrelease supervision reimburse the state for all or part of the
22  expenditures by the state board of indigents' defense services to provide
23  counsel and other defense services to the person. In determining the
24  amount and method of payment of such sum, the parole board shall take
25  account of the financial resources of the person and the nature of the
26  burden that the payment of such sum will impose.
27    (o)  If the court which sentenced an inmate specified at the time of
28  sentencing the amount and the recipient of any restitution ordered as a
29  condition of parole or postrelease supervision, the Kansas parole board
30  shall order as a condition of parole or postrelease supervision that the
31  inmate pay restitution in the amount and manner provided in the journal
32  entry unless the board finds compelling circumstances which would ren-
33  der a plan of restitution unworkable. If the parolee was sentenced before
34  July 1, 1986, and the court did not specify at the time of sentencing the
35  amount and the recipient of any restitution ordered as a condition of
36  parole, the parole board shall order as a condition of parole that the
37  parolee make restitution for the damage or loss caused by the parolee's
38  crime in an amount and manner determined by the board unless the
39  board finds compelling circumstances which would render a plan of res-
40  titution unworkable. If the parolee was sentenced on or after July 1, 1986,
41  and the court did not specify at the time of sentencing the amount and
42  the recipient of any restitution ordered as a condition of parole or post-
43  release supervision, the parole board shall not order restitution as a con-
SB 28--Am.
                                     

 1  dition of parole or postrelease supervision unless the board finds com-
 2  pelling circumstances which justify such an order.
 3    (p)  Whenever the Kansas parole board grants the parole of an inmate,
 4  the board, within 10 days of the date of the decision to grant parole, shall
 5  give written notice of the decision to the county or district attorney of the
 6  county where the inmate was sentenced.
 7    (q)  When an inmate is to be released on postrelease supervision, the
 8  secretary, within 30 days prior to release, shall provide the county or
 9  district attorney of the county where the inmate was sentenced written
10  notice of the release date.
11    (r)  Inmates shall be released on postrelease supervision upon the ter-
12  mination of the prison portion of their sentence. Time served while on
13  postrelease supervision will vest.
14    (s)  An inmate who is allocated regular good time credits as provided
15  in K.S.A. 22-3725 and amendments thereto may receive meritorious good
16  time credits in increments of not more than 90 days per meritorious act.
17  These credits may be awarded by the secretary of corrections when an
18  inmate has acted in a heroic or outstanding manner in coming to the
19  assistance of another person in a life threatening situation, preventing
20  injury or death to a person, preventing the destruction of property or
21  taking actions which result in a financial savings to the state.
22    Sec. 9 8.  K.S.A. 22-3718 is hereby amended to read as follows: 22-
23  3718. An inmate who has served the inmate's maximum term or terms,
24  less such work and good behavior credits as have been earned, shall, upon
25  release, be subject to such written rules and conditions as the Kansas
26  parole board may impose, until the expiration of the maximum term or
27  terms for which the inmate was sentenced or until the inmate is otherwise
28  discharged. If the court which sentenced an inmate specified at the time
29  of sentencing the amount and the recipient of any restitution ordered as
30  a condition of release pursuant to this section, the parole board may set
31  aside restitution as a condition of release payment of restitution, if the
32  board finds compelling circumstances which would render a plan of res-
33  titution unworkable. If the court which sentenced an inmate specified
34  reimbursement of all or part of the expenditures by the state board of
35  indigents' defense services as a condition of release, the parole board may
36  set aside such reimbursement, if the board finds compelling circumstances
37  which would render a plan of reimbursement unworkable. If the inmate
38  was sentenced before July 1, 1986, and the court did not specify at the
39  time of sentencing the amount and the recipient of any restitution or-
40  dered as a condition of release, the parole board shall order as a condition
41  of release that the inmate make restitution for the damage or loss caused
42  by the inmate's crime in an amount and manner determined by the board
43  unless the board finds compelling circumstances which would render a
SB 28--Am.
                                     

 1  plan of restitution unworkable. If the inmate was sentenced before July
 2  1, 1986, and the court did not specify at the time of sentencing the amount
 3  of any reimbursement of all or part of the expenditures by the state board
 4  of indigents, defense services as a condition of release, the parole board
 5  may set aside such reimbursement the reimbursement required by
 6  K.S.A. 22-3717, and amendments thereto, unless the board finds com-
 7  pelling circumstances which would render a plan of reimbursement un-
 8  workable. If the inmate was sentenced on or after July 1, 1986, and the
 9  court did not specify at the time of sentencing the amount and the recip-
10  ient of any restitution ordered as a condition of release pursuant to this
11  section, the parole board shall not order restitution as a condition of
12  release unless the board finds compelling circumstances which justify
13  such an order. If the inmate was sentenced on or after July 1, 1986, and
14  the court did not specify at the time of sentencing the amount of any
15  reimbursement of all or part of the expenditures by the state board of
16  indigents' defense services as a condition of release, the parole board may
17  set aside such reimbursement the reimbursement required by K.S.A.
18  22-3717, and amendments thereto, unless the board finds compelling
19  circumstances which would render a plan of reimbursement unworkable.
20  Prior to the release of any inmate on parole, conditional release or expi-
21  ration of sentence, if an inmate is released into the community under a
22  program under the supervision of the secretary of corrections, the sec-
23  retary shall give written notice of such release to any victim or victim's
24  family as provided in K.S.A. 22-3727, and amendments thereto.
25    Sec. 10 9.  K.S.A. 22-4504 is hereby amended to read as follows: 22-
26  4504. (a) When any defendant who is entitled to have the assistance of
27  counsel, under the provisions of K.S.A. 22-4503 and amendments thereto,
28  claims to be financially unable to employ counsel, the court shall require
29  that the defendant file an affidavit containing such information and in the
30  form as prescribed by rules and regulations adopted by the state board
31  of indigents' defense services. The affidavit filed by the defendant shall
32  become a part of the permanent file of the case. The court may interrogate
33  the defendant under oath concerning the contents of the affidavit and
34  may direct the county or district attorney, sheriff, marshal or other officer
35  of the county to investigate and report upon the financial condition of
36  the defendant and may also require the production of evidence upon the
37  issue of the defendant's financial inability to employ counsel.
38    (b)  Upon the basis of the defendant's affidavit, the defendant's state-
39  ments under oath, and such other competent evidence as may be brought
40  to the attention of the court, which shall be made part of the record in
41  the case, the court shall determine whether the defendant is financially
42  unable to employ counsel. In making such determination the court shall
43  consider the defendant's assets and income; the amount needed for the
SB 28--Am.
                                     

 1  payment of reasonable and necessary expenses incurred, or which must
 2  be incurred to support the defendant and the defendant's immediate
 3  family; the anticipated cost of effective representation by employed coun-
 4  sel; and any property which may have been transferred or conveyed by
 5  the defendant to any person without adequate monetary consideration
 6  after the commission of the alleged crime. If the defendant's assets and
 7  income are not sufficient to cover the anticipated cost of effective rep-
 8  resentation by employed counsel when the length and complexity of the
 9  anticipated proceedings are taken fully into account, the defendant shall
10  be determined indigent in full or in part and the court shall appoint an
11  attorney as provided in K.S.A. 22-4503 and amendments thereto. If the
12  court determines that the defendant is financially able to employ counsel,
13  the court shall so advise the defendant and shall give the defendant a
14  reasonable opportunity to employ an attorney of the defendant's own
15  choosing. All determinations by a court as to whether a defendant is
16  financially unable to employ counsel shall be subject to and in accordance
17  with rules and regulations adopted by the state board of indigents' defense
18  services under this act.
19    (c)  The court shall inform the defendant for whom counsel is ap-
20  pointed that the amount expended by the state in providing counsel and
21  other defense services may be entered as a judgment against the defen-
22  dant if the defendant is convicted and found to be financially able to pay
23  the amount, and that an action to recover such amount may be brought
24  against any person to whom the defendant may have transferred or con-
25  veyed any of the defendant's property without adequate monetary con-
26  sideration after the date of the commission of the alleged crime. A de-
27  termination by the court that the defendant is financially unable to employ
28  counsel or pay other costs of the defendant's defense may preclude a
29  recovery from the defendant but may not preclude recovery from any
30  person to whom the defendant may have transferred or conveyed any
31  property without adequate monetary consideration after the date of the
32  commission of the alleged crime.
33    (d)  If found to be indigent in part, the defendant shall be promptly
34  informed of the terms under which the defendant may be expected to
35  pay for counsel. Any payments pursuant to such terms shall apply upon
36  any judgment entered pursuant to K.S.A. 22-4513 and amendments
37  thereto. Payments made for services of appointed counsel provided under
38  K.S.A. 22-4503 and amendments thereto shall be paid to the clerk of the
39  district court. The clerk of the district court shall remit all moneys re-
40  ceived as payment for services of appointed counsel under this section to
41  the state board of indigents' defense services at least monthly and the
42  board shall remit all moneys received under this section to the state treas-
43  urer at least monthly. Upon receipt of each such remittance, the state
SB 28--Am.
                                     

 1  treasurer shall deposit the entire amount thereof in the state treasury to
 2  the credit of the state general fund.
 3    (e)  The determination that a defendant is indigent or partially indi-
 4  gent shall be subject to review at any time by any court before whom the
 5  cause is then pending.
 6    (f)  The state board of indigents' defense services shall adopt rules
 7  and regulations in accordance with K.S.A. 77-415 et seq., and amend-
 8  ments thereto, relating to the income, assets and anticipated costs of
 9  representation for the purpose of determining whether a defendant is
10  financially able to employ counsel and the ability of a defendant to con-
11  tribute to the cost of the defendant's legal defense services.
12    Sec. 11 10.  K.S.A. 22-4507 is hereby amended to read as follows: 22-
13  4507. (a) An attorney, other than a public defender or assistant public
14  defender or contract counsel, who performs services for an indigent per-
15  son, as provided by this act, shall at the conclusion of such service or any
16  part thereof be entitled to compensation for such services and to be re-
17  imbursed for expenses reasonably incurred by such person in performing
18  such services. Compensation for services shall be paid in accordance with
19  standards and guidelines contained in rules and regulations adopted by
20  the state board of indigents' defense services under this section.
21    (b)  Claims for compensation and reimbursement shall be certified by
22  the claimant  and shall be presented to the court at sentencing. A supple-
23  mental claim may be filed at such later time as the court may in the interest
24  of justice determine if good cause is shown why the claim was not pre-
25  sented at sentencing. In accordance with standards and guidelines
26  adopted by the state board of indigents' defense services under this sec-
27  tion, all such claims shall be reviewed and approved by one or more judges
28  of the district court before whom the service was performed, or, in the
29  case of proceedings in the court of appeals, by the chief judge of the court
30  of appeals and in the case of proceedings in the supreme court, by the
31  departmental justice for the department in which the appeal originated.
32  Each claim shall be supported by a written statement, specifying in detail
33  the time expended, the services rendered, the expenses incurred in con-
34  nection with the case and any other compensation or reimbursement
35  received. When properly certified and reviewed and approved, each claim
36  for compensation and reimbursement shall be filed in the office of the
37  state board of indigents' defense services. If the claims meet the standards
38  established by the board, the board shall authorize payment of the claim.
39    (c)  If the state board of indigents' defense services determines that
40  the appropriations for indigents' defense services or the moneys allocated
41  by the board for a county or judicial district will be insufficient in any
42  fiscal year to pay in full claims filed and reasonably anticipated to be filed
43  in such year under this section, the board may adopt a formula for pro-
SB 28--Am.
                                     

 1  rating the payment of pending and anticipated claims under this section.
 2    (d)  The state board of indigents' defense services may make expend-
 3  itures for payment of claims filed under this section from appropriations
 4  for the current fiscal year regardless of when the services were rendered.
 5    (e)  The state board of indigents' defense services shall adopt rules
 6  and regulations prescribing standards and guidelines governing the filing,
 7  processing and payment of claims under this section.
 8    Sec. 12 11.  K.S.A. 22-4513 is hereby amended to read as follows: 22-
 9  4513. (a) Within 30 days after any expenditure has been made by the state
10  board of indigents' defense services to provide counsel and other defense
11  services to any defendant and such defendant has been convicted, the
12  state director of indigents' defense services may send to the county or
13  district attorney of the county where the defendant was convicted a notice
14  stating the name of the defendant and the amount of the expenditure.
15  The county or district attorney, in such attorney's discretion, may petition
16  the district court to require the defendant to repay to the state all or a
17  part of the amount expended by the state board of indigents' defense
18  services on behalf of such defendant. Subject to the provisions of sub-
19  section (b), the procedure for the filing of the petition and subsequent
20  procedure to be followed in the action shall be the same as in other civil
21  actions pursuant to chapter 60 of the Kansas Statutes Annotated, except
22  that no docket fee shall be charged for the filing of the petition. At the
23  hearing on the petition the court shall determine whether or not the
24  defendant is or will be able to repay all or a part of the expenditures paid
25  by the state board of indigents' defense services on behalf of the defen-
26  dant. If the defendant is convicted, the lesser of all expenditures made by
27  the state board of indigents' defense services to provide counsel and other
28  defense services to such defendant or the amount allowed by the board of
29  indigents' defense reimbursement table tables as provided in K.S.A. 22-
30  4522, and amendments thereto, shall be taxed against the defendant and
31  shall be enforced as judgments for payment of money in civil cases.
32    (b)  In determining the amount and method of payment of such sum,
33  the court shall take account of the financial resources of the defendant
34  and the nature of the burden that payment of such sum will impose. A
35  defendant who has been required to pay such sum and who is not willfully
36  in default in the payment thereof may at any time petition the court which
37  sentenced the defendant to waive payment of such sum or of any unpaid
38  portion thereof. If it appears to the satisfaction of the court that payment
39  of the amount due will impose manifest hardship on the defendant or the
40  defendant's immediate family, the court may waive payment of all or part
41  of the amount due or modify the method of payment.
42    (c)  Whenever any expenditure has been made by the state board of
43  indigents' defense services to provide counsel and other defense services
SB 28--Am.
                                     

 1  to any defendant judgment has been entered pursuant to subsection (a)
 2  of this section, a sum equal to such expenditure judgment may be recov-
 3  ered by the state of Kansas for the benefit of the state general fund from
 4  any persons to whom the indigent defendant shall have transferred any
 5  of the defendant's property without adequate monetary consideration af-
 6  ter the commission of the alleged crime, to the extent of the value of such
 7  transfer, and such persons are hereby made liable to reimburse the state
 8  of Kansas for such expenditures with interest at 6% per annum. Any
 9  action to recover judgment for such expenditures shall be prosecuted by
10  the attorney general, who may require the assistance of the county attor-
11  ney of the county in which the action is to be filed, and such action shall
12  be governed by the provisions of the code of civil procedure relating to
13  actions for the recovery of money. No action shall be brought against any
14  person under the provisions of this section to recover for sums expended
15  on behalf of an indigent defendant, unless such action shall have been
16  filed within two years after the date of the expenditure by the state board
17  of indigents' defense services.
18    Sec. 13 12.  K.S.A. 22-4522 is hereby amended to read as follows: 22-
19  4522. The state board of indigents' defense services shall:
20    (a)  Provide, supervise and coordinate, in the most efficient and eco-
21  nomical manner possible, the constitutionally and statutorily required
22  counsel and related services for each indigent person accused of a felony
23  and for such other indigent persons as prescribed by statute;
24    (b)  establish, in each county or combination of counties designated
25  by the board, a system of appointed counsel, contractual arrangements
26  for providing contract counsel or public defender offices, or any combi-
27  nation thereof, on a full- or part-time basis, for the delivery of legal serv-
28  ices for indigent persons accused of felonies;
29    (c)  approve an annual operating budget for the board and submit that
30  budget as provided in K.S.A. 75-3717, and amendments thereto;
31    (d)  collect payments from indigent defendants as ordered by the court
32  by methods including, but not limited to, utilization of debt collection
33  procedures authorized by K.S.A. 75-6201 et seq., and amendments
34  thereto;
35    (d) (e)  adopt rules and regulations in accordance with K.S.A. 77-415
36  et seq., and amendments thereto, which are necessary for the operation
37  of the board and the performance of its duties and for the guidance of
38  appointed counsel, contract counsel and public defenders, including but
39  not limited to:
40    (1)  Standards for entitlement to legal representation at public ex-
41  pense;
42    (2)  standards and guidelines for compensation of appointed counsel
43  and investigative, expert and other services within the limits of appropri-
SB 28--Am.
                                     

 1  ations;
 2    (3)  criteria for employing contract counsel; and
 3    (4)  qualifications, standards and guidelines for public defenders, ap-
 4  pointed counsel and contract counsel;
 5    (e) (f)  prepare and submit to the governor and legislature an annual
 6  report on the operations of the board; and
 7    (f) (g)  hold a hearing before changing the system for providing legal
 8  services for indigent persons accused of felonies in any county or judicial
 9  district if such a hearing is requested by two or more members of the
10  board.; and
11    (h)  adopt and maintain a reimbursement table which sets reimburse-
12  ment tables which set forth the cost to the board of indigents' defense
13  for providing public defender services for each separate category of serv-
14  ice provided.
15    Sec. 14 13.  K.S.A. 1996 Supp. 75-719 is hereby amended to read as
16  follows: 75-719. (a) The attorney general is authorized to enter into con-
17  tracts in accordance with this section for collection services for debts
18  owed to courts or restitution owed under an order of restitution.
19    (b)  As used in this section:
20    (1)  ``Beneficiary under an order of restitution'' means the victim or
21  victims of a crime to whom a district court has ordered restitution be
22  paid;
23    (2)  ``contracting agent'' means a person, firm, agency or other entity
24  who contracts hereunder to provide collection services;
25    (3)  ``cost of collection'' means the fee specified in contracts hereunder
26  to be paid to or retained by a contracting agent for collection services.
27  ``Cost of collection'' also includes any filing fee required under K.S.A. 60-
28  4303 and amendments thereto or administrative costs prescribed by the
29  attorney general pursuant to rules and regulations; and
30    (4)  ``debts owed to courts'' means any assessment of court costs, fines,
31  fees, moneys expended by the state in providing counsel and other defense
32  services to indigent defendants or other charges which a district court
33  judgment has ordered to be paid to the court, and which remain unpaid
34  in whole or in part, and includes any interest or penalties on such unpaid
35  amounts as provided for in the judgment or by law. Debts owed to courts
36  also includes the cost of collection when collection services of a contract-
37  ing agent hereunder are utilized.
38    (c) (1)  Contracts authorized by this section may be entered into with
39  state or federal agencies or political subdivisions of the state of Kansas,
40  including contracts for participation in the collection program authorized
41  by K.S.A. 75-6201 et seq. and amendments thereto. Such contracts also
42  may be entered into with private firms or individuals selected by a pro-
43  curement negotiation committee in accordance with K.S.A. 75-37,102
SB 28--Am.
                                     

 1  and amendments thereto, except that the attorney general shall designate
 2  a representative to serve as the chief administrative officer member of
 3  such committee and that the other two members of such committee shall
 4  be designated by the director of purchases and the judicial administrator.
 5    (2)  Prior to negotiating any contract for collection services, this pro-
 6  curement negotiation committee shall advertise for proposals, negotiate
 7  with firms and individuals submitting proposals and select among those
 8  submitting such proposals the party or parties to contract with for the
 9  purpose of collection services.
10    (3)  The attorney general may adopt rules and regulations as deemed
11  appropriate for the administration of this section, including procedures
12  to be used in the negotiation and execution of contracts pursuant to this
13  section and procedures to be followed by those who utilize collection
14  services under such contracts.
15    (4)  For purposes of this section, the agencies, firms or individuals
16  with whom contracts are entered under this section shall be known as
17  contracting agents. The attorney general shall publish a list of the con-
18  tracting agents for use by courts or beneficiaries under orders of resti-
19  tution who desire to utilize the collection services of such agents.
20    (5)  Each contract entered pursuant to this section shall provide for a
21  fee to be paid to or retained by the contracting agent for collection serv-
22  ices. Such fee shall be designated as the cost of collection hereunder, and
23  shall not exceed 33% of the amount of the debt to be collected. The cost
24  of collection shall be deducted from the amount collected and shall not
25  be in addition to the debts owed to courts or restitution.
26    (d)  Judicial districts of the state of Kansas are authorized to utilize
27  the collection services of contracting agents pursuant to this section for
28  the purpose of collecting all outstanding debts owed to courts. Subject to
29  rules and orders of the Kansas supreme court, each judicial district may
30  establish by local rule guidelines for the compromise of court costs, fines,
31  attorney fees and other charges assessed in district court cases.
32    (e)  Any beneficiary under an order of restitution entered by a court
33  after this section takes effect is authorized to utilize the collection services
34  of contracting agents pursuant to this section for the purpose of collecting
35  all outstanding amounts owed under such order of restitution.
36    (f)  Contracts entered hereunder shall provide for the payment of any
37  amounts collected to the clerk of the district court for the court in which
38  the debt being collected originated. In accounting for amounts collected
39  from any person pursuant to this section, the district court clerk shall
40  credit the person's amount owed in the amount of the gross proceeds
41  collected and shall reduce the amount owed by any person by that portion
42  of any payment which constitutes the cost of collection pursuant to this
43  section.
SB 28--Am.
                                     

 1    (g)  With the appropriate cost of collection paid to the contracting
 2  agent as agreed upon in the contract hereunder, the clerk shall then
 3  distribute amounts collected hereunder as follows:
 4    (1)  When collection services are utilized pursuant to subsection (d),
 5  all amounts shall be applied against the debts owed to the court as spec-
 6  ified in the original judgment creating the debt;
 7    (2)  when collection services are utilized pursuant to subsection (e),
 8  all amounts shall be paid to the beneficiary under the order of restitution
 9  designated to receive such restitution, except where that beneficiary has
10  received recovery from the Kansas crime victims compensation board and
11  such board has subrogation rights pursuant to K.S.A. 74-7312 and amend-
12  ments thereto, in which case all amounts shall be paid to the board until
13  its subrogation lien is satisfied.
14    (h)  Whenever collection services are being utilized against the same
15  debtor pursuant to both subsections (d) and (e), any amounts collected
16  by a contracting agent shall be first applied to satisfy subsection (e) debts,
17  debts pursuant to an order of restitution. Upon satisfaction of all such
18  debts, amounts received from the same debtor shall then be applied to
19  satisfy subsection (d) debts, debts owed to courts.
20    Sec. 15 14.  K.S.A. 20-350, 21-4603, 21-4610, 22-2802, 22-3718, 22-
21  4504, 22-4507, 22-4513 and 22-4522 and K.S.A. 1996 Supp. 21-4603d,
22  22-3717 and 75-719 are hereby repealed.
23    Sec. 16 15.  This act shall take effect and be in force from and after
24  its publication in the statute book.