Session of 1998
                   
SENATE BILL No. 532
         
By Committee on Judiciary
         
1-28
            9             AN ACT concerning criminal procedure; relating to postrelease super-
10             vision; amending K.S.A. 1997 Supp. 22-3717 and repealing the existing
11             section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 22-3717 is hereby amended to read as
15       follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
16       1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
17       4638 and amendments thereto, an inmate, including an inmate sentenced
18       pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
19       parole after serving the entire minimum sentence imposed by the court,
20       less good time credits.
21           (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
22       amendments thereto, an inmate sentenced to imprisonment for the crime
23       of capital murder, or an inmate sentenced for the crime of murder in the
24       first degree based upon a finding of premeditated murder, committed on
25       or after July 1, 1994, shall be eligible for parole after serving 25 years of
26       confinement, without deduction of any good time credits.
27           (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
28       Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
29       and amendments thereto, an inmate sentenced to imprisonment for an
30       off-grid offense committed on or after July 1, 1993, shall be eligible for
31       parole after serving 15 years of confinement, without deduction of any
32       good time credits.
33           (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
34       repeal, an inmate sentenced for a class A felony committed before July
35       1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
36       amendments thereto, shall be eligible for parole after serving 15 years of
37       confinement, without deduction of any good time credits.
38           (4) An inmate sentenced to imprisonment for a violation of subsec-
39       tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
40       July 1, 1996, shall be eligible for parole after serving 10 years of confine-
41       ment without deduction of any good time credits.
42           (c) Except as provided in subsection (e), if an inmate is sentenced to
43       imprisonment for more than one crime and the sentences run consecu-

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  1       tively, the inmate shall be eligible for parole after serving the total of:
  2           (1) The aggregate minimum sentences, as determined pursuant to
  3       K.S.A. 21-4608 and amendments thereto, less good time credits for those
  4       crimes which are not class A felonies; and
  5           (2) an additional 15 years, without deduction of good time credits,
  6       for each crime which is a class A felony.
  7           (d) (1) Persons sentenced for crimes, other than off-grid crimes,
  8       committed on or after July 1, 1993, will not be eligible for parole, but will
  9       be released to a mandatory period of postrelease supervision upon com-
10       pletion of the prison portion of their sentence as follows:
11           (A) Except as provided in subparagraphs (C) and (D), persons sen-
12       tenced for nondrug severity level 1 through 6 crimes and drug severity
13       levels 1 through 3 crimes must serve 36 months, plus the amount of good
14       time earned and retained pursuant to K.S.A. 21-4722 and amendments
15       thereto, on postrelease supervision.
16           (B) Except as provided in subparagraphs (C) and (D), persons sen-
17       tenced for nondrug severity level 7 through 10 crimes and drug severity
18       level 4 crimes must serve 24 months, plus the amount of good time earned
19       and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
20       postrelease supervision.
21           (C) (i) The sentencing judge shall impose the postrelease supervision
22       period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
23       finds substantial and compelling reasons to impose a departure based
24       upon a finding that the current crime of conviction was sexually violent
25       or sexually motivated. In that event, departure may be imposed to extend
26       the postrelease supervision to a period of up to 60 months.
27           (ii) If the sentencing judge departs from the presumptive postrelease
28       supervision period, the judge shall state on the record at the time of
29       sentencing the substantial and compelling reasons for the departure. De-
30       partures in this section are subject to appeal pursuant to K.S.A. 21-4721
31       and amendments thereto.
32           (iii) In determining whether substantial and compelling reasons exist,
33       the court shall consider:
34           (a) Written briefs or oral arguments submitted by either the defend-
35       ant or the state;
36           (b) any evidence received during the proceeding;
37           (c) the presentence report, the victim's impact statement and any
38       psychological evaluation as ordered by the court pursuant to subsection
39       (e) of K.S.A. 21-4714 and amendments thereto; and
40           (d) any other evidence the court finds trustworthy and reliable.
41           (iv) The sentencing judge may order that a psychological evaluation
42       be prepared and the recommended programming be completed by the
43       offender. The department of corrections or the parole board shall ensure

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  1       that court ordered sex offender treatment be carried out.
  2           (v) In carrying out the provisions of subparagraph (d)(1)(C), the court
  3       shall refer to K.S.A. 21-4718 and amendments thereto.
  4           (vi) Upon petition, the parole board may provide for early discharge
  5       from the postrelease supervision period upon completion of court or-
  6       dered programs and completion of the presumptive postrelease super-
  7       vision period, as determined by the crime of conviction, pursuant to sub-
  8       paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
  9       is at the discretion of the parole board.
10           (vii) Persons convicted of crimes deemed sexually violent or sexually
11       motivated, shall be registered according to the habitual sex offender reg-
12       istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
13           (D) The period of postrelease supervision provided in subparagraphs
14       (A) and (B) may be reduced by up to 12 months based on the offender's
15       compliance with conditions of supervision and overall performance while
16       on postrelease supervision. The reduction in the supervision period shall
17       be on an earned basis pursuant to rules and regulations adopted by the
18       secretary of corrections.
19           (E) In cases where sentences for crimes from more than one severity
20       level have been imposed, ;(tri-stars)e highest severity level offense will dictate
21       the the offender shall serve the longest period of postrelease supervision
22       as provided by this section available for any crime upon which sentence
23       was imposed irrespective of the severity level of the crime. Supervision
24       periods will not aggregate.
25           (2) As used in this section, ``sexually violent crime'' means:
26           (A) Rape, K.S.A. 21-3502, and amendments thereto;
27           (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
28       thereto;
29           (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
30       amendments thereto;
31           (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
32       and amendments thereto;
33           (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
34       thereto;
35           (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
36       thereto;
37           (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
38       amendments thereto;
39           (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
40       thereto;
41           (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
42       thereto;
43           (J) any conviction for a felony offense in effect at any time prior to

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  1       the effective date of this act, that is comparable to a sexually violent crime
  2       as defined in subparagraphs (A) through (I), or any federal or other state
  3       conviction for a felony offense that under the laws of this state would be
  4       a sexually violent crime as defined in this section;
  5           (K) an attempt, conspiracy or criminal solicitation, as defined in
  6       K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
  7       violent crime as defined in this section; or
  8           (L) any act which at the time of sentencing for the offense has been
  9       determined beyond a reasonable doubt to have been sexually motivated.
10       As used in this subparagraph, ``sexually motivated'' means that one of the
11       purposes for which the defendant committed the crime was for the pur-
12       pose of the defendant's sexual gratification.
13           (e) If an inmate is sentenced to imprisonment for a crime committed
14       while on parole or conditional release, the inmate shall be eligible for
15       parole as provided by subsection (c), except that the Kansas parole board
16       may postpone the inmate's parole eligibility date by assessing a penalty
17       not exceeding the period of time which could have been assessed if the
18       inmate's parole or conditional release had been violated for reasons other
19       than conviction of a crime.
20           (f) If a person is sentenced to prison for a crime committed on or
21       after July 1, 1993, while on probation, parole, conditional release or in a
22       community corrections program, for a crime committed prior to July 1,
23       1993, and the person is not eligible for retroactive application of the
24       sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
25       4724 and amendments thereto, the new sentence shall not be aggregated
26       with the old sentence, but shall begin when the person is paroled or
27       reaches the conditional release date on the old sentence. If the offender
28       was past the offender's conditional release date at the time the new of-
29       fense was committed, the new sentence shall not be aggregated with the
30       old sentence but shall begin when the person is ordered released by the
31       Kansas parole board or reaches the maximum sentence expiration date
32       on the old sentence, whichever is earlier. The new sentence shall then
33       be served as otherwise provided by law. The period of postrelease su-
34       pervision shall be based on the new sentence, except that those offenders
35       whose old sentence is a term of imprisonment for life, imposed pursuant
36       to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
37       sentence with a maximum term of life imprisonment, for which there is
38       no conditional release or maximum sentence expiration date, shall remain
39       on postrelease supervision for life or until discharged from supervision
40       by the Kansas parole board.
41           (g) Subject to the provisions of this section, the Kansas parole board
42       may release on parole those persons confined in institutions who are el-
43       igible for parole when: (1) The board believes that the inmate should be

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  1       released for hospitalization, for deportation or to answer the warrant or
  2       other process of a court and is of the opinion that there is reasonable
  3       probability that the inmate can be released without detriment to the com-
  4       munity or to the inmate; or (2) the secretary of corrections has reported
  5       to the board in writing that the inmate has satisfactorily completed the
  6       programs required by any agreement entered under K.S.A. 75-5210a and
  7       amendments thereto, or any revision of such agreement, and the board
  8       believes that the inmate is able and willing to fulfill the obligations of a
  9       law abiding citizen and is of the opinion that there is reasonable proba-
10       bility that the inmate can be released without detriment to the community
11       or to the inmate. Parole shall not be granted as an award of clemency and
12       shall not be considered a reduction of sentence or a pardon.
13           (h) The Kansas parole board shall hold a parole hearing at least the
14       month prior to the month an inmate will be eligible for parole under
15       subsections (a), (b) and (c). At least the month preceding the parole hear-
16       ing, the county or district attorney of the county where the inmate was
17       convicted shall give written notice of the time and place of the public
18       comment sessions for the inmate to any victim of the inmate's crime who
19       is alive and whose address is known to the county or district attorney or,
20       if the victim is deceased, to the victim's family if the family's address is
21       known to the county or district attorney. Except as otherwise provided,
22       failure to notify pursuant to this section shall not be a reason to postpone
23       a parole hearing. In the case of any inmate convicted of a class A felony
24       the secretary of corrections shall give written notice of the time and place
25       of the public comment session for such inmate at least one month pre-
26       ceding the public comment session to any victim of such inmate's crime
27       or the victim's family pursuant to K.S.A. 74-7338 and amendments
28       thereto. If notification is not given to such victim or such victim's family
29       in the case of any inmate convicted of a class A felony, the board shall
30       postpone a decision on parole of the inmate to a time at least 30 days
31       after notification is given as provided in this section. Nothing in this sec-
32       tion shall create a cause of action against the state or an employee of the
33       state acting within the scope of the employee's employment as a result
34       of the failure to notify pursuant to this section. If granted parole, the
35       inmate may be released on parole on the date specified by the board, but
36       not earlier than the date the inmate is eligible for parole under subsec-
37       tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
38       at such intervals thereafter as it determines appropriate, the Kansas parole
39       board shall consider: (1) Whether the inmate has satisfactorily completed
40       the programs required by any agreement entered under K.S.A. 75-5210a
41       and amendments thereto, or any revision of such agreement; and (2) all
42       pertinent information regarding such inmate, including, but not limited
43       to, the circumstances of the offense of the inmate; the presentence report;

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  1       the previous social history and criminal record of the inmate; the conduct,
  2       employment, and attitude of the inmate in prison; the reports of such
  3       physical and mental examinations as have been made; comments of the
  4       victim and the victim's family; comments of the public; official comments;
  5       and capacity of state correctional institutions.
  6           (i) In those cases involving inmates sentenced for a crime committed
  7       after July 1, 1993, the parole board will review the inmates proposed
  8       release plan. The board may schedule a hearing if they desire. The board
  9       may impose any condition they deem necessary to insure public safety,
10       aid in the reintegration of the inmate into the community, or items not
11       completed under the agreement entered into under K.S.A. 75-5210a and
12       amendments thereto. The board may not advance or delay an inmate's
13       release date. Every inmate while on postrelease supervision shall remain
14       in the legal custody of the secretary of corrections and is subject to the
15       orders of the secretary.
16           (j) Before ordering the parole of any inmate, the Kansas parole board
17       shall have the inmate appear before either in person or via a video con-
18       ferencing format and shall interview the inmate unless impractical be-
19       cause of the inmate's physical or mental condition or absence from the
20       institution. Every inmate while on parole shall remain in the legal custody
21       of the secretary of corrections and is subject to the orders of the secretary.
22       Whenever the Kansas parole board formally considers placing an inmate
23       on parole and no agreement has been entered into with the inmate under
24       K.S.A. 75-5210a and amendments thereto, the board shall notify the in-
25       mate in writing of the reasons for not granting parole. If an agreement
26       has been entered under K.S.A. 75-5210a and amendments thereto and
27       the inmate has not satisfactorily completed the programs specified in the
28       agreement, or any revision of such agreement, the board shall notify the
29       inmate in writing of the specific programs the inmate must satisfactorily
30       complete before parole will be granted. If parole is not granted only
31       because of a failure to satisfactorily complete such programs, the board
32       shall grant parole upon the secretary's certification that the inmate has
33       successfully completed such programs. If an agreement has been entered
34       under K.S.A. 75-5210a and amendments thereto and the secretary of
35       corrections has reported to the board in writing that the inmate has sat-
36       isfactorily completed the programs required by such agreement, or any
37       revision thereof, the board shall not require further program participa-
38       tion. However, if the board determines that other pertinent information
39       regarding the inmate warrants the inmate's not being released on parole,
40       the board shall state in writing the reasons for not granting the parole. If
41       parole is denied for an inmate sentenced for a crime other than a class A
42       or class B felony or an off-grid felony, the board shall hold another parole
43       hearing for the inmate not later than one year after the denial unless the

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  1       parole board finds that it is not reasonable to expect that parole would
  2       be granted at a hearing if held in the next three years or during the interim
  3       period of a deferral. In such case, the parole board may defer subsequent
  4       parole hearings for up to three years but any such deferral by the board
  5       shall require the board to state the basis for its findings. If parole is denied
  6       for an inmate sentenced for a class A or class B felony or an off-grid
  7       felony, the board shall hold another parole hearing for the inmate not
  8       later than three years after the denial unless the parole board finds that
  9       it is not reasonable to expect that parole would be granted at a hearing if
10       held in the next 10 years or during the interim period of a deferral. In
11       such case, the parole board may defer subsequent parole hearings for up
12       to 10 years but any such deferral shall require the board to state the basis
13       for its findings.
14           (k) Parolees and persons on postrelease supervision shall be assigned,
15       upon release, to the appropriate level of supervision pursuant to the cri-
16       teria established by the secretary of corrections.
17           (l) The Kansas parole board shall adopt rules and regulations in ac-
18       cordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
19       consistent with the law and as it may deem proper or necessary, with
20       respect to the conduct of parole hearings, postrelease supervision reviews,
21       revocation hearings, orders of restitution, reimbursement of expenditures
22       by the state board of indigents' defense services and other conditions to
23       be imposed upon parolees or releasees. Whenever an order for parole or
24       postrelease supervision is issued it shall recite the conditions thereof.
25           (m) Whenever the Kansas parole board orders the parole of an in-
26       mate or establishes conditions for an inmate placed on postrelease su-
27       pervision, the board:
28           (1) Unless it finds compelling circumstances which would render a
29       plan of payment unworkable, shall order as a condition of parole or post-
30       release supervision that the parolee or the person on postrelease super-
31       vision pay any transportation expenses resulting from returning the pa-
32       rolee or the person on postrelease supervision to this state to answer
33       criminal charges or a warrant for a violation of a condition of probation,
34       assignment to a community correctional services program, parole, con-
35       ditional release or postrelease supervision;
36           (2) to the extent practicable, shall order as a condition of parole or
37       postrelease supervision that the parolee or the person on postrelease su-
38       pervision make progress towards or successfully complete the equivalent
39       of a secondary education if the inmate has not previously completed such
40       educational equivalent and is capable of doing so;
41           (3) may order that the parolee or person on postrelease supervision
42       perform community or public service work for local governmental agen-
43       cies, private corporations organized not-for-profit or charitable or social

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  1       service organizations performing services for the community;
  2           (4) may order the parolee or person on postrelease supervision to pay
  3       the administrative fee imposed pursuant to K.S.A. 1997 Supp. 22-4529
  4       unless the board finds compelling circumstances which would render pay-
  5       ment unworkable; and
  6           (5) unless it finds compelling circumstances which would render a
  7       plan of payment unworkable, shall order that the parolee or person on
  8       postrelease supervision reimburse the state for all or part of the expend-
  9       itures by the state board of indigents' defense services to provide counsel
10       and other defense services to the person. In determining the amount and
11       method of payment of such sum, the parole board shall take account of
12       the financial resources of the person and the nature of the burden that
13       the payment of such sum will impose. Such amount shall not exceed the
14       amount claimed by appointed counsel on the payment voucher for indi-
15       gents' defense services or the amount prescribed by the board of indi-
16       gents' defense services reimbursement tables as provided in K.S.A. 22-
17       4522 and amendments thereto, whichever is less, minus any previous
18       payments for such services.
19           (n) If the court which sentenced an inmate specified at the time of
20       sentencing the amount and the recipient of any restitution ordered as a
21       condition of parole or postrelease supervision, the Kansas parole board
22       shall order as a condition of parole or postrelease supervision that the
23       inmate pay restitution in the amount and manner provided in the journal
24       entry unless the board finds compelling circumstances which would ren-
25       der a plan of restitution unworkable.
26           (o) Whenever the Kansas parole board grants the parole of an inmate,
27       the board, within 10 days of the date of the decision to grant parole, shall
28       give written notice of the decision to the county or district attorney of the
29       county where the inmate was sentenced.
30           (p) When an inmate is to be released on postrelease supervision, the
31       secretary, within 30 days prior to release, shall provide the county or
32       district attorney of the county where the inmate was sentenced written
33       notice of the release date.
34           (q) Inmates shall be released on postrelease supervision upon the
35       termination of the prison portion of their sentence. Time served while
36       on postrelease supervision will vest.
37           (r) An inmate who is allocated regular good time credits as provided
38       in K.S.A. 22-3725 and amendments thereto may receive meritorious good
39       time credits in increments of not more than 90 days per meritorious act.
40       These credits may be awarded by the secretary of corrections when an
41       inmate has acted in a heroic or outstanding manner in coming to the
42       assistance of another person in a life threatening situation, preventing
43       injury or death to a person, preventing the destruction of property or

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  1       taking actions which result in a financial savings to the state.
  2           Sec. 2. K.S.A. 1997 Supp. 22-3717 is hereby repealed.
  3           Sec. 3. This act shall take effect and be in force from and after its
  4       publication in the statute book.
  5