SENATE BILL No. 516

      An Act concerning crimes, punishment and criminal procedure; relating to authorized
      dispositions; conservation camps; recovery of costs and expenses in apprehension of
      escaped defendants; rewards for capture of escaped inmates; postrelease supervision;
      violations of conditions of release; amending K.S.A. 75-5217, 75-5222 and 75-52,127
      and K.S.A. 1997 Supp. 21-4603, 21-4603d, 22-3717 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 21-4603 is hereby amended to read as
follows: 21-4603. (a) Whenever any person has been found guilty of a
crime and the court finds that an adequate presentence investigation can-
not be conducted by resources available within the judicial district, in-
cluding mental health centers and mental health clinics, the court may
require that a presentence investigation be conducted by the Topeka
correctional facility or by the state security hospital. If the offender is sent
to the Topeka correctional facility or the state security hospital for a pre-
sentence investigation under this section, the correctional facility or hos-
pital may keep the offender confined for a maximum of 60 days, except
that an inmate may be held for a longer period of time on order of the
secretary, or until the court calls for the return of the offender. While
held at the Topeka correctional facility or the state security hospital the
defendant may be treated the same as any person committed to the sec-
retary of corrections or secretary of social and rehabilitation services for
purposes of maintaining security and control, discipline, and emergency
medical or psychiatric treatment, and general population management
except that no such person shall be transferred out of the state or to a
federal institution or to any other location unless the transfer is between
the correctional facility and the state security hospital. The correctional
facility or the state security hospital shall compile a complete mental and
physical evaluation of such offender and shall make its findings and rec-
ommendations known to the court in the presentence report.

    (b) Except as provided in subsection (c), whenever any person has
been found guilty of a crime, the court may adjudge any of the following:

    (1) Commit the defendant to the custody of the secretary of correc-
tions or, if confinement is for a term less than one year, to jail for the
term provided by law;

    (2) impose the fine applicable to the offense;

    (3) release the defendant on probation subject to such conditions as
the court may deem appropriate, including orders requiring full or partial
restitution. In felony cases, the court may include confinement in a county
jail not to exceed 30 days, which need not be served consecutively, as a
condition of probation;

    (4) suspend the imposition of the sentence subject to such conditions
as the court may deem appropriate, including orders requiring full or
partial restitution. In felony cases, the court may include confinement in
a county jail not to exceed 30 days, which need not be served consecu-
tively, as a condition of suspension of sentence;

    (5) assign the defendant to a community correctional services pro-
gram subject to such conditions as the court may deem appropriate, in-
cluding orders requiring full or partial restitution;

    (6) assign the defendant to a conservation camp for a period not to
exceed 180 days six months;

    (7) assign the defendant to a house arrest program pursuant to K.S.A.
21-4603b and amendments thereto;

    (8) order the defendant to attend and satisfactorily complete an al-
cohol or drug education or training program as provided by subsection
(3) of K.S.A. 21-4502 and amendments thereto;

    (9) order the defendant to pay the administrative fee authorized by
K.S.A. 1997 Supp. 22-4529, unless waived by the court; or

    (10) impose any appropriate combination of subsections (b)(1)
through (b)(9).

    In addition to or in lieu of any of the above, the court shall order the
defendant to submit to and complete an alcohol and drug evaluation, and
pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
and amendments thereto.

    In addition to any of the above, the court shall order the defendant to
reimburse the state general fund for all or a part of the expenditures by
the state board of indigents' defense services to provide counsel and other
defense services to the defendant. In determining the amount and
method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment. The amount of attorney fees to be in-
cluded in the court order for reimbursement shall be the amount claimed
by appointed counsel on the payment voucher for indigents' defense serv-
ices or the amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less.

    In imposing a fine the court may authorize the payment thereof in
installments. In releasing a defendant on probation, the court shall direct
that the defendant be under the supervision of a court services officer. If
the court commits the defendant to the custody of the secretary of cor-
rections or to jail, the court may specify in its order the amount of res-
titution to be paid and the person to whom it shall be paid if restitution
is later ordered as a condition of parole or conditional release.

    The court in committing a defendant to the custody of the secretary of
corrections shall fix a maximum term of confinement within the limits
provided by law. In those cases where the law does not fix a maximum
term of confinement for the crime for which the defendant was convicted,
the court shall fix the maximum term of such confinement. In all cases
where the defendant is committed to the custody of the secretary of
corrections, the court shall fix the minimum term within the limits pro-
vided by law.

    (c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, and
amendments thereto prior to its repeal, has been found guilty of a class
A or B felony, the court shall commit the defendant to the custody of the
secretary of corrections and may impose the fine applicable to the offense.

    (d) (1) Except when an appeal is taken and determined adversely to
the defendant as provided in subsection (d)(2), at any time within 120
days after a sentence is imposed, after probation or assignment to a com-
munity correctional services program has been revoked, the court may
modify such sentence, revocation of probation or assignment to a com-
munity correctional services program by directing that a less severe pen-
alty be imposed in lieu of that originally adjudged within statutory limits
and shall modify such sentence if recommended by the Topeka correc-
tional facility unless the court finds and sets forth with particularity the
reasons for finding that the safety of members of the public will be jeop-
ardized or that the welfare of the inmate will not be served by such
modification.

    (2) If an appeal is taken and determined adversely to the defendant,
such sentence may be modified within 120 days after the receipt by the
clerk of the district court of the mandate from the supreme court or court
of appeals.

    (e) The court shall modify the sentence at any time before the expi-
ration thereof when such modification is recommended by the secretary
of corrections unless the court finds and sets forth with particularity the
reasons for finding that the safety of members of the public will be jeop-
ardized or that the welfare of the inmate will not be served by such
modification. The court shall have the power to impose a less severe
penalty upon the inmate, including the power to reduce the minimum
below the statutory limit on the minimum term prescribed for the crime
of which the inmate has been convicted. The recommendation of the
secretary of corrections, the hearing on the recommendation and the
order of modification shall be made in open court. Notice of the rec-
ommendation of modification of sentence and the time and place of the
hearing thereon shall be given by the inmate, or by the inmate's legal
counsel, at least 21 days prior to the hearing to the county or district
attorney of the county where the inmate was convicted. After receipt of
such notice and at least 14 days prior to the hearing, the county or district
attorney shall give notice of the recommendation of modification of sen-
tence and the time and place of the hearing thereon to any victim of the
inmate's crime who is alive and whose address is known to the county or
district attorney or, if the victim is deceased, to the victim's next of kin if
the next of kin's address is known to the county or district attorney. Proof
of service of each notice required to be given by this subsection shall be
filed with the court.

    (f) After such defendant has been assigned to a conservation camp
but prior to the end of 180 days, the chief administrator of such camp
shall file a performance report and recommendations with the court. The
court shall enter an order based on such report and recommendations
modifying the sentence, if appropriate, by sentencing the defendant to
any of the authorized dispositions provided in subsection (b), except to
reassign such person to a conservation camp as provided in subsection
(b)(6).

    (g) Dispositions which do not involve commitment to the custody of
the secretary of corrections and commitments which are revoked within
120 days shall not entail the loss by the defendant of any civil rights.
Placement of offenders pursuant to subsection (b)(6) in a conservation
camp established by the secretary of corrections shall not entail the loss
by the defendant of any civil rights.

    (h) This section shall not deprive the court of any authority conferred
by any other Kansas statute to decree a forfeiture of property, suspend
or cancel a license, remove a person from office, or impose any other civil
penalty as a result of conviction of crime.

    (i) An application for or acceptance of probation, suspended sentence
or assignment to a community correctional services program shall not
constitute an acquiescence in the judgment for purpose of appeal, and
any convicted person may appeal from such conviction, as provided by
law, without regard to whether such person has applied for probation,
suspended sentence or assignment to a community correctional services
program.

    (j) When it is provided by law that a person shall be sentenced pur-
suant to K.S.A. 21-4628, and amendments thereto, the provisions of this
section shall not apply.

    (k) The provisions of this section shall apply to crimes committed
before July 1, 1993.

    Sec. 2. K.S.A. 1997 Supp. 21-4603d is hereby amended to read as
follows: 21-4603d. (a) Whenever any person has been found guilty of a
crime, the court may adjudge any of the following:

    (1) Commit the defendant to the custody of the secretary of correc-
tions if the current crime of conviction is a felony and the sentence pre-
sumes imprisonment, or the sentence imposed is a dispositional departure
to imprisonment; or, if confinement is for a misdemeanor, to jail for the
term provided by law;

    (2) impose the fine applicable to the offense;

    (3) release the defendant on probation if the current crime of con-
viction and criminal history fall within a presumptive nonprison category
or through a departure for substantial and compelling reasons subject to
such conditions as the court may deem appropriate. In felony cases except
for violations of K.S.A. 8-1567 and amendments thereto, the court may
include confinement in a county jail not to exceed 30 days, which need
not be served consecutively, as a condition of probation or community
corrections placement;

    (4) assign the defendant to a community correctional services pro-
gram in presumptive nonprison cases or through a departure for substan-
tial and compelling reasons subject to such conditions as the court may
deem appropriate, including orders requiring full or partial restitution;

    (5) assign the defendant to a conservation camp for a period not to
exceed 180 days six months as a condition of probation followed by a 180-
day six-month period of follow-up through adult intensive supervision by
a community correctional services program, if the offender successfully
completes the conservation camp program. If the defendant was classified
in grid blocks 3-G, 3-H or 3-I of the sentencing guidelines grid for drug
crimes, the court may impose a nonprison sanction on the condition that
the offender complete the program at the Labette correctional conser-
vation camp or a conservation camp established by the secretary of cor-
rections pursuant to K.S.A. 75-52,127, and amendments thereto. Such a
placement decision shall not be considered a departure and shall not be
subject to appeal;

    (6) assign the defendant to a house arrest program pursuant to K.S.A.
21-4603b and amendments thereto;

    (7) order the defendant to attend and satisfactorily complete an al-
cohol or drug education or training program as provided by subsection
(3) of K.S.A. 21-4502 and amendments thereto;

    (8) order the defendant to repay the amount of any reward paid by
any crime stoppers chapter, individual, corporation or public entity which
materially aided in the apprehension or conviction of the defendant; repay
the amount of any costs and expenses incurred by any law enforcement
agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape, as defined in K.S.A. 21-
3809 and amendments thereto or aggravated escape, as defined in K.S.A.
21-3810 and amendments thereto; or repay the amount of any public
funds utilized by a law enforcement agency to purchase controlled sub-
stances from the defendant during the investigation which leads to the
defendant's conviction. Such repayment of the amount of any such costs
and expenses incurred by a law enforcement agency or any public funds
utilized by a law enforcement agency shall be deposited and credited to
the same fund from which the public funds were credited to prior to use
by the law enforcement agency;

    (9) order the defendant to pay the administrative fee authorized by
K.S.A. 1997 Supp. 22-4529 and amendments thereto, unless waived by
the court;

    (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
(7), (8) and (9); or

    (11) suspend imposition of sentence in misdemeanor cases.

    In addition to or in lieu of any of the above, the court shall order the
defendant to pay restitution, which shall include, but not be limited to,
damage or loss caused by the defendant's crime, unless the court finds
compelling circumstances which would render a plan of restitution un-
workable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.

    If the court orders restitution, the restitution shall be a judgment
against the defendant which may be collected by the court by garnishment
or other execution as on judgments in civil cases. If, after 60 days from
the date restitution is ordered by the court, a defendant is found to be in
noncompliance with the plan established by the court for payment of
restitution, and the victim to whom restitution is ordered paid has not
initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
amendments thereto, the court shall assign an agent procured by the
attorney general pursuant to K.S.A. 75-719 and amendments thereto to
collect the restitution on behalf of the victim. The administrative judge
of each judicial district may assign such cases to an appropriate division
of the court for the conduct of civil collection proceedings.

    In addition to or in lieu of any of the above, the court shall order the
defendant to submit to and complete an alcohol and drug evaluation, and
pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
and amendments thereto.

    In addition to any of the above, the court shall order the defendant to
reimburse the county general fund for all or a part of the expenditures
by the county to provide counsel and other defense services to the de-
fendant. Any such reimbursement to the county shall be paid only after
any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment.

    In imposing a fine the court may authorize the payment thereof in
installments. In releasing a defendant on probation, the court shall direct
that the defendant be under the supervision of a court services officer. If
the court commits the defendant to the custody of the secretary of cor-
rections or to jail, the court may specify in its order the amount of res-
titution to be paid and the person to whom it shall be paid if restitution
is later ordered as a condition of parole or conditional release.

    When a new felony is committed while the offender is incarcerated
and serving a sentence for a felony or while the offender is on probation,
assignment to a community correctional services program, parole, con-
ditional release, or postrelease supervision for a felony, a new sentence
shall be imposed pursuant to the consecutive sentencing requirements of
K.S.A. 21-4608, and amendments thereto, and the court may sentence
the offender to imprisonment for the new conviction, even when the new
crime of conviction otherwise presumes a nonprison sentence. In this
event, imposition of a prison sentence for the new crime does not con-
stitute a departure.

    Prior to imposing a dispositional departure for a defendant whose of-
fense is classified in the presumptive nonprison grid block of either sen-
tencing guideline grid, prior to sentencing a defendant to incarceration
whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H,
3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes, or prior
to revocation of a nonprison sanction of a defendant whose offense is
classified in the presumptive nonprison grid block of either sentencing
guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
4-F of the sentencing guidelines grid for drug crimes, the court shall con-
sider placement of the defendant in the Labette correctional conservation
camp, conservation camps established by the secretary of corrections pur-
suant to K.S.A. 75-52,127, and amendment thereto or a community in-
termediate sanction center. Pursuant to this paragraph the defendant shall
not be sentenced to imprisonment if space is available in the a conser-
vation camp or a community intermediate sanction center and the de-
fendant meets all of the conservation camp's or a community intermediate
sanction center's placement criteria unless the court states on the record
the reasons for not placing the defendant in the a conservation camp or
a community intermediate sanction center.

    The court in committing a defendant to the custody of the secretary of
corrections shall fix a term of confinement within the limits provided by
law. In those cases where the law does not fix a term of confinement for
the crime for which the defendant was convicted, the court shall fix the
term of such confinement.

    In addition to any of the above, the court shall order the defendant to
reimburse the state general fund for all or a part of the expenditures by
the state board of indigents' defense services to provide counsel and other
defense services to the defendant. In determining the amount and
method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment. The amount of attorney fees to be in-
cluded in the court order for reimbursement shall be the amount claimed
by appointed counsel on the payment voucher for indigents' defense serv-
ices or the amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less.

    (b) Dispositions which do not involve commitment to the custody of
the secretary of corrections shall not entail the loss by the defendant of
any civil rights. Placement of offenders in a conservation camp established
by the secretary of corrections pursuant to K.S.A. 75-52,127, and amend-
ments thereto, as a nonimprisonment disposition shall not entail the loss
by the defendant of any civil rights.

    (c) This section shall not deprive the court of any authority conferred
by any other Kansas statute to decree a forfeiture of property, suspend
or cancel a license, remove a person from office, or impose any other civil
penalty as a result of conviction of crime.

    (d) An application for or acceptance of probation or assignment to a
community correctional services program shall not constitute an acqui-
escence in the judgment for purpose of appeal, and any convicted person
may appeal from such conviction, as provided by law, without regard to
whether such person has applied for probation, suspended sentence or
assignment to a community correctional services program.

    (e) The secretary of corrections is authorized to make direct place-
ment to the Labette correctional conservation camp or a conservation
camp established by the secretary pursuant to K.S.A. 75-52,127, and
amendments thereto, of an inmate sentenced to the secretary's custody if
the inmate: (1) Has been sentenced to the secretary for a probation rev-
ocation or as a departure from the presumptive nonimprisonment grid
block of either sentencing grid; and (2) otherwise meets admission criteria
of the camp. If the inmate successfully completes the 180-day six-month
conservation camp program, the secretary of corrections shall report such
completion to the sentencing court and the county or district attorney.
The inmate shall then be assigned by the court to 180 days six months of
follow-up supervision conducted by the appropriate community correc-
tions services program. The court may also order that supervision con-
tinue thereafter for the length of time authorized by K.S.A. 21-4611 and
amendments thereto.

    (f) When it is provided by law that a person shall be sentenced pur-
suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
this section shall not apply.

    Sec. 3. K.S.A. 1997 Supp. 22-3717 is hereby amended to read as
follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
4638 and amendments thereto, an inmate, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court,
less good time credits.

    (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
amendments thereto, an inmate sentenced to imprisonment for the crime
of capital murder, or an inmate sentenced for the crime of murder in the
first degree based upon a finding of premeditated murder, committed on
or after July 1, 1994, shall be eligible for parole after serving 25 years of
confinement, without deduction of any good time credits.

    (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
and amendments thereto, an inmate sentenced to imprisonment for an
off-grid offense committed on or after July 1, 1993, shall be eligible for
parole after serving 15 years of confinement, without deduction of any
good time credits.

    (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
repeal, an inmate sentenced for a class A felony committed before July
1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
amendments thereto, shall be eligible for parole after serving 15 years of
confinement, without deduction of any good time credits.

    (4) An inmate sentenced to imprisonment for a violation of subsec-
tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
July 1, 1996, shall be eligible for parole after serving 10 years of confine-
ment without deduction of any good time credits.

    (c) Except as provided in subsection (e), if an inmate is sentenced to
imprisonment for more than one crime and the sentences run consecu-
tively, the inmate shall be eligible for parole after serving the total of:

    (1) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608 and amendments thereto, less good time credits for those
crimes which are not class A felonies; and

    (2) an additional 15 years, without deduction of good time credits,
for each crime which is a class A felony.

    (d) (1) Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, will not be eligible for parole, but will
be released to a mandatory period of postrelease supervision upon com-
pletion of the prison portion of their sentence as follows:

    (A) Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 1 through 6 crimes and drug severity
levels 1 through 3 crimes must serve 36 months, plus the amount of good
time earned and retained pursuant to K.S.A. 21-4722 and amendments
thereto, on postrelease supervision.

    (B) Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 7 through 10 crimes and drug severity
level 4 crimes must serve 24 months, plus the amount of good time earned
and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
postrelease supervision.

    (C) (i) The sentencing judge shall impose the postrelease supervision
period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
finds substantial and compelling reasons to impose a departure based
upon a finding that the current crime of conviction was sexually violent
or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.

    (ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure. De-
partures in this section are subject to appeal pursuant to K.S.A. 21-4721
and amendments thereto.

    (iii) In determining whether substantial and compelling reasons exist,
the court shall consider:

    (a) Written briefs or oral arguments submitted by either the defend-
ant or the state;

    (b) any evidence received during the proceeding;

    (c) the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to subsection
(e) of K.S.A. 21-4714 and amendments thereto; and

    (d) any other evidence the court finds trustworthy and reliable.

    (iv) The sentencing judge may order that a psychological evaluation
be prepared and the recommended programming be completed by the
offender. The department of corrections or the parole board shall ensure
that court ordered sex offender treatment be carried out.

    (v) In carrying out the provisions of subparagraph (d)(1)(C), the court
shall refer to K.S.A. 21-4718 and amendments thereto.

    (vi) Upon petition, the parole board may provide for early discharge
from the postrelease supervision period upon completion of court or-
dered programs and completion of the presumptive postrelease super-
vision period, as determined by the crime of conviction, pursuant to sub-
paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
is at the discretion of the parole board.

    (vii) Persons convicted of crimes deemed sexually violent or sexually
motivated, shall be registered according to the habitual sex offender reg-
istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.

    (D) The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months based on the offender's
compliance with conditions of supervision and overall performance while
on postrelease supervision. The reduction in the supervision period shall
be on an earned basis pursuant to rules and regulations adopted by the
secretary of corrections.

    (E) In cases where sentences for crimes from more than one severity
level have been imposed, the highest severity level offense will dictate
the the offender shall serve the longest period of postrelease supervision
as provided by this section available for any crime upon which sentence
was imposed irrespective of the severity level of the crime. Supervision
periods will not aggregate.

    (2) As used in this section, ``sexually violent crime'' means:

    (A) Rape, K.S.A. 21-3502, and amendments thereto;

    (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
thereto;

    (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
amendments thereto;

    (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
and amendments thereto;

    (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
thereto;

    (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
thereto;

    (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
amendments thereto;

    (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
thereto;

    (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
thereto;

    (J) any conviction for a felony offense in effect at any time prior to
the effective date of this act, that is comparable to a sexually violent crime
as defined in subparagraphs (A) through (I), or any federal or other state
conviction for a felony offense that under the laws of this state would be
a sexually violent crime as defined in this section;

    (K) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
violent crime as defined in this section; or

    (L) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ``sexually motivated'' means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant's sexual gratification.

    (e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the Kansas parole board
may postpone the inmate's parole eligibility date by assessing a penalty
not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.

    (f) If a person is sentenced to prison for a crime committed on or
after July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, the new sentence shall not be aggregated
with the old sentence, but shall begin when the person is paroled or
reaches the conditional release date on the old sentence. If the offender
was past the offender's conditional release date at the time the new of-
fense was committed, the new sentence shall not be aggregated with the
old sentence but shall begin when the person is ordered released by the
Kansas parole board or reaches the maximum sentence expiration date
on the old sentence, whichever is earlier. The new sentence shall then
be served as otherwise provided by law. The period of postrelease su-
pervision shall be based on the new sentence, except that those offenders
whose old sentence is a term of imprisonment for life, imposed pursuant
to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
sentence with a maximum term of life imprisonment, for which there is
no conditional release or maximum sentence expiration date, shall remain
on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.

    (g) Subject to the provisions of this section, the Kansas parole board
may release on parole those persons confined in institutions who are el-
igible for parole when: (1) The board believes that the inmate should be
released for hospitalization, for deportation or to answer the warrant or
other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the com-
munity or to the inmate; or (2) the secretary of corrections has reported
to the board in writing that the inmate has satisfactorily completed the
programs required by any agreement entered under K.S.A. 75-5210a and
amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a
law abiding citizen and is of the opinion that there is reasonable proba-
bility that the inmate can be released without detriment to the community
or to the inmate. Parole shall not be granted as an award of clemency and
shall not be considered a reduction of sentence or a pardon.

    (h) The Kansas parole board shall hold a parole hearing at least the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least the month preceding the parole hear-
ing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or,
if the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone
a parole hearing. In the case of any inmate convicted of a class A felony
the secretary of corrections shall give written notice of the time and place
of the public comment session for such inmate at least one month pre-
ceding the public comment session to any victim of such inmate's crime
or the victim's family pursuant to K.S.A. 74-7338 and amendments
thereto. If notification is not given to such victim or such victim's family
in the case of any inmate convicted of a class A felony, the board shall
postpone a decision on parole of the inmate to a time at least 30 days
after notification is given as provided in this section. Nothing in this sec-
tion shall create a cause of action against the state or an employee of the
state acting within the scope of the employee's employment as a result
of the failure to notify pursuant to this section. If granted parole, the
inmate may be released on parole on the date specified by the board, but
not earlier than the date the inmate is eligible for parole under subsec-
tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
at such intervals thereafter as it determines appropriate, the Kansas parole
board shall consider: (1) Whether the inmate has satisfactorily completed
the programs required by any agreement entered under K.S.A. 75-5210a
and amendments thereto, or any revision of such agreement; and (2) all
pertinent information regarding such inmate, including, but not limited
to, the circumstances of the offense of the inmate; the presentence report;
the previous social history and criminal record of the inmate; the conduct,
employment, and attitude of the inmate in prison; the reports of such
physical and mental examinations as have been made; comments of the
victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.

    (i) In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the parole board will review the inmates proposed
release plan. The board may schedule a hearing if they desire. The board
may impose any condition they deem necessary to insure public safety,
aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and
amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain
in the legal custody of the secretary of corrections and is subject to the
orders of the secretary.

    (j) Before ordering the parole of any inmate, the Kansas parole board
shall have the inmate appear before either in person or via a video con-
ferencing format and shall interview the inmate unless impractical be-
cause of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary.
Whenever the Kansas parole board formally considers placing an inmate
on parole and no agreement has been entered into with the inmate under
K.S.A. 75-5210a and amendments thereto, the board shall notify the in-
mate in writing of the reasons for not granting parole. If an agreement
has been entered under K.S.A. 75-5210a and amendments thereto and
the inmate has not satisfactorily completed the programs specified in the
agreement, or any revision of such agreement, the board shall notify the
inmate in writing of the specific programs the inmate must satisfactorily
complete before parole will be granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board
shall grant parole upon the secretary's certification that the inmate has
successfully completed such programs. If an agreement has been entered
under K.S.A. 75-5210a and amendments thereto and the secretary of
corrections has reported to the board in writing that the inmate has sat-
isfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program participa-
tion. However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A
or class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
parole board finds that it is not reasonable to expect that parole would
be granted at a hearing if held in the next three years or during the interim
period of a deferral. In such case, the parole board may defer subsequent
parole hearings for up to three years but any such deferral by the board
shall require the board to state the basis for its findings. If parole is denied
for an inmate sentenced for a class A or class B felony or an off-grid
felony, the board shall hold another parole hearing for the inmate not
later than three years after the denial unless the parole board finds that
it is not reasonable to expect that parole would be granted at a hearing if
held in the next 10 years or during the interim period of a deferral. In
such case, the parole board may defer subsequent parole hearings for up
to 10 years but any such deferral shall require the board to state the basis
for its findings.

    (k) Parolees and persons on postrelease supervision shall be assigned,
upon release, to the appropriate level of supervision pursuant to the cri-
teria established by the secretary of corrections.

    (l) The Kansas parole board shall adopt rules and regulations in ac-
cordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
consistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to
be imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.

    (m) Whenever the Kansas parole board orders the parole of an in-
mate or establishes conditions for an inmate placed on postrelease su-
pervision, the board:

    (1) Unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order as a condition of parole or post-
release supervision that the parolee or the person on postrelease super-
vision pay any transportation expenses resulting from returning the pa-
rolee or the person on postrelease supervision to this state to answer
criminal charges or a warrant for a violation of a condition of probation,
assignment to a community correctional services program, parole, con-
ditional release or postrelease supervision;

    (2) to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease su-
pervision make progress towards or successfully complete the equivalent
of a secondary education if the inmate has not previously completed such
educational equivalent and is capable of doing so;

    (3) may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental agen-
cies, private corporations organized not-for-profit or charitable or social
service organizations performing services for the community;

    (4) may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to K.S.A. 1997 Supp. 22-4529
unless the board finds compelling circumstances which would render pay-
ment unworkable; and

    (5) unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order that the parolee or person on
postrelease supervision reimburse the state for all or part of the expend-
itures by the state board of indigents' defense services to provide counsel
and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of
the financial resources of the person and the nature of the burden that
the payment of such sum will impose. Such amount shall not exceed the
amount claimed by appointed counsel on the payment voucher for indi-
gents' defense services or the amount prescribed by the board of indi-
gents' defense services reimbursement tables as provided in K.S.A. 22-
4522 and amendments thereto, whichever is less, minus any previous
payments for such services.

    (n) If the court which sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the Kansas parole board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would ren-
der a plan of restitution unworkable.

    (o) Whenever the Kansas parole board grants the parole of an inmate,
the board, within 10 days of the date of the decision to grant parole, shall
give written notice of the decision to the county or district attorney of the
county where the inmate was sentenced.

    (p) When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.

    (q) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while
on postrelease supervision will vest.

    (r) An inmate who is allocated regular good time credits as provided
in K.S.A. 22-3725 and amendments thereto may receive meritorious good
time credits in increments of not more than 90 days per meritorious act.
These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing
injury or death to a person, preventing the destruction of property or
taking actions which result in a financial savings to the state.

    Sec. 4. K.S.A. 75-5217 is hereby amended to read as follows: 75-
5217. (a) At any time during release on parole, conditional release or
postrelease supervision, the secretary of corrections may issue a warrant
for the arrest of a released inmate for violation of any of the conditions
of release, or a notice to appear to answer to a charge of violation. Such
notice shall be served personally upon the released inmate. The warrant
shall authorize any law enforcement officer to arrest and deliver the re-
leased inmate to a place as provided by subsection (f). Any parole officer
may arrest such released inmate without a warrant, or may deputize any
other officer with power of arrest to do so by giving such officer a written
arrest and detain order setting forth that the released inmate has, in the
judgment of the parole officer, has violated the conditions of the inmate's
release. The written arrest and detain order delivered with the released
inmate by the arresting officer to the official in charge of the institution
or place to which the released inmate is brought for detention shall be
sufficient warrant for detaining the inmate. After making an arrest the
parole officer shall present to the detaining authorities a similar arrest
and detain order and statement of the circumstances of violation. Pending
a hearing, as hereinafter provided in this section, upon any charge of
violation the released inmate shall remain incarcerated in the institution
or place to which the inmate is taken for detention.

    (b) Upon such arrest and detention, the parole officer shall notify the
secretary of corrections, or the secretary's designee, within five days and
shall submit in writing a report showing in what manner the released
inmate had violated the conditions of release. After such notification is
given to the secretary of corrections, or upon an arrest by warrant as
herein provided, and the finding of probable cause pursuant to proce-
dures established by the secretary of a violation of the released inmate's
conditions of release, the secretary shall cause the released inmate to be
brought before the Kansas parole board, its designee or designees, for a
hearing on the violation charged, under such rules and regulations as the
board may adopt. It is within the discretion of the Kansas parole board
whether such hearing requires the released inmate to appear personally
before the board when such inmate's violation results from a conviction
for a new felony or misdemeanor. Relevant written statements made un-
der oath shall be admitted and considered by the Kansas parole board,
its designee or designees, along with other evidence presented at the
hearing. If the violation is established to the satisfaction of the Kansas
parole board, the board may continue or revoke the parole or conditional
release, or enter such other order as the board may see fit. Revocations
of release of inmates who are on a specified period of postrelease super-
vision shall be for a 180-day six-month period of confinement from the
date of the revocation hearing before the board, if the violation does not
result from a conviction for a new felony or misdemeanor. Such period
of confinement may be reduced by not more than 90 days 3 months based
on the inmate's conduct, work and program participating during the in-
carceration period. The reduction in the incarceration period shall be on
an earned basis pursuant to rules and regulations adopted by the secretary
of corrections.

    (c) If the violation does result from a conviction for a new felony or
misdemeanor, upon revocation the inmate shall serve the entire remain-
ing balance of the period of postrelease supervision even if the new con-
viction did not result in the imposition of a new term of imprisonment.

    (d) In the event the released inmate reaches conditional release date
as provided by K.S.A. 22-3718 and amendments thereto after a finding
of probable cause, pursuant to procedures established by the secretary of
corrections of a violation of the released inmate's conditions of release,
but prior to a hearing before the Kansas parole board, the secretary of
corrections shall be authorized to detain the inmate until the hearing by
the Kansas parole board. The secretary shall then enforce the order issued
by the Kansas parole board.

    (e) If the secretary of corrections issues a warrant for the arrest of a
released inmate for violation of any of the conditions of release and the
released inmate is subsequently arrested in the state of Kansas, either
pursuant to the warrant issued by the secretary of corrections or for any
other reason, the released inmate's sentence shall not be credited with
the period of time from the date of the issuance of the secretary's warrant
to the date of the released inmate's arrest.

    If a released inmate for whom a warrant has been issued by the sec-
retary of corrections for violation of the conditions of release is subse-
quently arrested in another state, and the released inmate has been au-
thorized as a condition of such inmate's release to reside in or travel to
the state in which the released inmate was arrested, and the released
inmate has not absconded from supervision, the released inmate's sen-
tence shall not be credited with the period of time from the date of the
issuance of the warrant to the date of the released inmate's arrest. If the
released inmate for whom a warrant has been issued by the secretary of
corrections for violation of the conditions of release is subsequently ar-
rested in another state for reasons other than the secretary's warrant and
the released inmate does not have authorization to be in the other state
or if authorized to be in the other state has been charged by the secretary
with having absconded from supervision, the released inmate's sentence
shall not be credited with the period of time from the date of the issuance
of the warrant by the secretary to the date the released inmate is first
available to be returned to the state of Kansas. If the released inmate for
whom a warrant has been issued by the secretary of corrections for vio-
lation of a condition of release is subsequently arrested in another state
pursuant only to the secretary's warrant, the released inmate's sentence
shall not be credited with the period of time from the date of the issuance
of the secretary's warrant to the date of the released inmate's arrest,
regardless of whether the released inmate's presence in the other state
was authorized or the released inmate had absconded from supervision.

    The secretary may issue a warrant for the arrest of a released inmate
for violation of any of the conditions of release and may direct that all
reasonable means to serve the warrant and detain such released inmate
be employed including but not limited to notifying the federal bureau of
investigation of such violation and issuance of warrant and requesting
from the federal bureau of investigation any pertinent information it may
possess concerning the whereabouts of the released inmate.

    (f) Law enforcement officers shall execute warrants issued by the
secretary of corrections pursuant to subsection (a) or (d), and shall deliver
the inmate named therein in the warrant to the jail used by the county
where the inmate is arrested unless some other place is designated by
the secretary, in the same manner as for the execution of any arrest war-
rant.

    Sec. 5. K.S.A. 75-5222 is hereby amended to read as follows: 75-
5222. When any an inmate shall escape escapes from a state correctional
institution or the custody of the secretary, it shall be the duty of the
secretary to shall take all proper measures for the apprehension of said
the inmate; and for that purpose he or she. The secretary may offer a
reward, not exceeding five hundred dollars ($500) to exceed $5,000, for
the apprehension of such inmate.

    Sec. 6. K.S.A. 75-52,127 is hereby amended to read as follows: 75-
52,127. On or after the effective date of this act, the secretary of correc-
tions may establish conservation camps to provide inmates with a highly
structured residential work program. Such conservation camps shall be a
state correctional institution or facility for confinement under the super-
vision of the secretary. A conservation camp may accept defendants as-
signed to such camp as provided in K.S.A. 21-4603 or K.S.A. 21-4603d
and amendments thereto. Defendants assigned pursuant to K.S.A. 21-
4603 or K.S.A. 21-4603d, and amendments thereto, to a conservation
camp may be transferred by the secretary to any other correctional in-
stitution or facility. Any inmate sentenced to the custody of the secretary
may be confined in a conservation camp, however, only those inmates
assigned to the conservation camp pursuant to subsection (a)(5) or (e) of
K.S.A. 21-4603d or subsection (b)(6) of K.S.A. 21-4603, and amendments
thereto, shall be eligible for release upon successful completion of the con-
servation camp program.

    Sec. 7. K.S.A. 75-5217, 75-5222 and 75-52,127 and K.S.A. 1997
Supp. 21-4603, 21-4603d and 22-3717 are hereby repealed.

    Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certifiy that the above Bill originated in the
Senate, and passed that body

__________________________________

Senate adopted
Conference Committe Report __________________________________

__________________________________

President of the Senate.

__________________________________

Secretary of the Senate.

Passed the House
as amended __________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Approved __________________________

__________________________________

Governor.