Session of 1998
                   
SENATE BILL No. 540
         
By Committee on Judiciary
         
1-28
            9             AN ACT concerning crimes, punishment and criminal procedure; relating
10             to authorized dispositions and violations of conditions of release;
11             amending K.S.A. 75-5217 and K.S.A. 1997 Supp. 21-4603d and re-
12             pealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 21-4603d is hereby amended to read
16       as follows: 21-4603d. (a) Whenever any person has been found guilty of
17       a crime, the court may adjudge any of the following:
18           (1) Commit the defendant to the custody of the secretary of correc-
19       tions if the current crime of conviction is a felony and the sentence pre-
20       sumes imprisonment, or the sentence imposed is a dispositional departure
21       to imprisonment; or, if confinement is for a misdemeanor, to jail for the
22       term provided by law;
23           (2) impose the fine applicable to the offense;
24           (3) release the defendant on probation if the current crime of con-
25       viction and criminal history fall within a presumptive nonprison category
26       or through a departure for substantial and compelling reasons subject to
27       such conditions as the court may deem appropriate. In felony cases except
28       for violations of K.S.A. 8-1567 and amendments thereto, the court may
29       include confinement in a county jail not to exceed 30 days, which need
30       not be served consecutively, as a condition of probation or community
31       corrections placement;
32           (4) assign the defendant to a community correctional services pro-
33       gram in presumptive nonprison cases or through a departure for substan-
34       tial and compelling reasons subject to such conditions as the court may
35       deem appropriate, including orders requiring full or partial restitution;
36           (5) assign the defendant to a conservation camp for a period not to
37       exceed 180 days six months as a condition of probation followed by a 180-
38       day six-month period of follow-up through adult intensive supervision by
39       a community correctional services program, if the offender successfully
40       completes the conservation camp program. If the defendant was classified
41       in grid blocks 3-G, 3-H or 3-I of the sentencing guidelines grid for drug
42       crimes, the court may impose a nonprison sanction on the condition that
43       the offender complete the program at the Labette correctional conser-

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  1       vation camp. Such a placement decision shall not be considered a depar-
  2       ture and shall not be subject to appeal;
  3           (6) assign the defendant to a house arrest program pursuant to K.S.A.
  4       21-4603b and amendments thereto;
  5           (7) order the defendant to attend and satisfactorily complete an al-
  6       cohol or drug education or training program as provided by subsection
  7       (3) of K.S.A. 21-4502 and amendments thereto;
  8           (8) order the defendant to repay the amount of any reward paid by
  9       any crime stoppers chapter, individual, corporation or public entity which
10       materially aided in the apprehension or conviction of the defendant; or
11       repay the amount of any public funds utilized by a law enforcement
12       agency to purchase controlled substances from the defendant during the
13       investigation which leads to the defendant's conviction. Such repayment
14       of the amount of any public funds utilized by a law enforcement agency
15       shall be deposited and credited to the same fund from which the public
16       funds were credited to prior to use by the law enforcement agency;
17           (9) order the defendant to pay the administrative fee authorized by
18       K.S.A. 1997 Supp. 22-4529 and amendments thereto, unless waived by
19       the court;
20           (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
21       (7), (8) and (9); or
22           (11) suspend imposition of sentence in misdemeanor cases.
23           In addition to or in lieu of any of the above, the court shall order the
24       defendant to pay restitution, which shall include, but not be limited to,
25       damage or loss caused by the defendant's crime, unless the court finds
26       compelling circumstances which would render a plan of restitution un-
27       workable. If the court finds a plan of restitution unworkable, the court
28       shall state on the record in detail the reasons therefor.
29           If the court orders restitution, the restitution shall be a judgment
30       against the defendant which may be collected by the court by garnishment
31       or other execution as on judgments in civil cases. If, after 60 days from
32       the date restitution is ordered by the court, a defendant is found to be in
33       noncompliance with the plan established by the court for payment of
34       restitution, and the victim to whom restitution is ordered paid has not
35       initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
36       amendments thereto, the court shall assign an agent procured by the
37       attorney general pursuant to K.S.A. 75-719 and amendments thereto to
38       collect the restitution on behalf of the victim. The administrative judge
39       of each judicial district may assign such cases to an appropriate division
40       of the court for the conduct of civil collection proceedings.
41           In addition to or in lieu of any of the above, the court shall order the
42       defendant to submit to and complete an alcohol and drug evaluation, and
43       pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502

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  1       and amendments thereto.
  2           In addition to any of the above, the court shall order the defendant to
  3       reimburse the county general fund for all or a part of the expenditures
  4       by the county to provide counsel and other defense services to the de-
  5       fendant. Any such reimbursement to the county shall be paid only after
  6       any order for restitution has been paid in full. In determining the amount
  7       and method of payment of such sum, the court shall take account of the
  8       financial resources of the defendant and the nature of the burden that
  9       payment of such sum will impose. A defendant who has been required
10       to pay such sum and who is not willfully in default in the payment thereof
11       may at any time petition the court which sentenced the defendant to
12       waive payment of such sum or any unpaid portion thereof. If it appears
13       to the satisfaction of the court that payment of the amount due will im-
14       pose manifest hardship on the defendant or the defendant's immediate
15       family, the court may waive payment of all or part of the amount due or
16       modify the method of payment.
17           In imposing a fine the court may authorize the payment thereof in
18       installments. In releasing a defendant on probation, the court shall direct
19       that the defendant be under the supervision of a court services officer. If
20       the court commits the defendant to the custody of the secretary of cor-
21       rections or to jail, the court may specify in its order the amount of res-
22       titution to be paid and the person to whom it shall be paid if restitution
23       is later ordered as a condition of parole or conditional release.
24           When a new felony is committed while the offender is incarcerated
25       and serving a sentence for a felony or while the offender is on probation,
26       assignment to a community correctional services program, parole, con-
27       ditional release, or postrelease supervision for a felony, a new sentence
28       shall be imposed pursuant to the consecutive sentencing requirements of
29       K.S.A. 21-4608, and amendments thereto, and the court may sentence
30       the offender to imprisonment for the new conviction, even when the new
31       crime of conviction otherwise presumes a nonprison sentence. In this
32       event, imposition of a prison sentence for the new crime does not con-
33       stitute a departure.
34           Prior to imposing a dispositional departure for a defendant whose of-
35       fense is classified in the presumptive nonprison grid block of either sen-
36       tencing guideline grid, prior to sentencing a defendant to incarceration
37       whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
38       guidelines grid for nondrug crimes, or prior to revocation of a nonprison
39       sanction of a defendant whose offense is classified in the presumptive
40       nonprison grid block of either sentencing guideline grid or grid blocks
41       5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the
42       court shall consider placement of the defendant in the Labette correc-
43       tional conservation camp. Pursuant to this paragraph the defendant shall

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  1       not be sentenced to imprisonment if space is available in the conservation
  2       camp and the defendant meets all of the conservation camp's placement
  3       criteria unless the court states on the record the reasons for not placing
  4       the defendant in the conservation camp.
  5           The court in committing a defendant to the custody of the secretary of
  6       corrections shall fix a term of confinement within the limits provided by
  7       law. In those cases where the law does not fix a term of confinement for
  8       the crime for which the defendant was convicted, the court shall fix the
  9       term of such confinement.
10           In addition to any of the above, the court shall order the defendant to
11       reimburse the state general fund for all or a part of the expenditures by
12       the state board of indigents' defense services to provide counsel and other
13       defense services to the defendant. In determining the amount and
14       method of payment of such sum, the court shall take account of the
15       financial resources of the defendant and the nature of the burden that
16       payment of such sum will impose. A defendant who has been required
17       to pay such sum and who is not willfully in default in the payment thereof
18       may at any time petition the court which sentenced the defendant to
19       waive payment of such sum or any unpaid portion thereof. If it appears
20       to the satisfaction of the court that payment of the amount due will im-
21       pose manifest hardship on the defendant or the defendant's immediate
22       family, the court may waive payment of all or part of the amount due or
23       modify the method of payment. The amount of attorney fees to be in-
24       cluded in the court order for reimbursement shall be the amount claimed
25       by appointed counsel on the payment voucher for indigents' defense serv-
26       ices or the amount prescribed by the board of indigents' defense services
27       reimbursement tables as provided in K.S.A. 22-4522, and amendments
28       thereto, whichever is less.
29           (b) Dispositions which do not involve commitment to the custody of
30       the secretary of corrections shall not entail the loss by the defendant of
31       any civil rights.
32           (c) This section shall not deprive the court of any authority conferred
33       by any other Kansas statute to decree a forfeiture of property, suspend
34       or cancel a license, remove a person from office, or impose any other civil
35       penalty as a result of conviction of crime.
36           (d) An application for or acceptance of probation or assignment to a
37       community correctional services program shall not constitute an acqui-
38       escence in the judgment for purpose of appeal, and any convicted person
39       may appeal from such conviction, as provided by law, without regard to
40       whether such person has applied for probation, suspended sentence or
41       assignment to a community correctional services program.
42           (e) The secretary of corrections is authorized to make direct place-
43       ment to the Labette correctional conservation camp of an inmate sen-

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  1       tenced to the secretary's custody if the inmate: (1) Has been sentenced
  2       to the secretary for a probation revocation or as a departure from the
  3       presumptive nonimprisonment grid block of either sentencing grid; and
  4       (2) otherwise meets admission criteria of the camp. If the inmate suc-
  5       cessfully completes the 180-day six-month conservation camp program,
  6       the secretary of corrections shall report such completion to the sentencing
  7       court and the county or district attorney. The inmate shall then be as-
  8       signed by the court to 180 days six months of follow-up supervision con-
  9       ducted by the appropriate community corrections services program. The
10       court may also order that supervision continue thereafter for the length
11       of time authorized by K.S.A. 21-4611 and amendments thereto.
12           (f) When it is provided by law that a person shall be sentenced pur-
13       suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
14       this section shall not apply.
15           Sec. 2. K.S.A. 75-5217 is hereby amended to read as follows: 75-
16       5217. (a) At any time during release on parole, conditional release or
17       postrelease supervision, the secretary of corrections may issue a warrant
18       for the arrest of a released inmate for violation of any of the conditions
19       of release, or a notice to appear to answer to a charge of violation. Such
20       notice shall be served personally upon the released inmate. The warrant
21       shall authorize any law enforcement officer to arrest and deliver the re-
22       leased inmate to a place as provided by subsection (f). Any parole officer
23       may arrest such released inmate without a warrant, or may deputize any
24       other officer with power of arrest to do so by giving such officer a written
25       arrest and detain order setting forth that the released inmate has, in the
26       judgment of the parole officer, has violated the conditions of the inmate's
27       release. The written arrest and detain order delivered with the released
28       inmate by the arresting officer to the official in charge of the institution
29       or place to which the released inmate is brought for detention shall be
30       sufficient warrant for detaining the inmate. After making an arrest the
31       parole officer shall present to the detaining authorities a similar arrest
32       and detain order and statement of the circumstances of violation. Pending
33       a hearing, as hereinafter provided in this section, upon any charge of
34       violation the released inmate shall remain incarcerated in the institution
35       or place to which the inmate is taken for detention.
36           (b) Upon such arrest and detention, the parole officer shall notify the
37       secretary of corrections, or the secretary's designee, within five days and
38       shall submit in writing a report showing in what manner the released
39       inmate had violated the conditions of release. After such notification is
40       given to the secretary of corrections, or upon an arrest by warrant as
41       herein provided, and the finding of probable cause pursuant to proce-
42       dures established by the secretary of a violation of the released inmate's
43       conditions of release, the secretary shall cause the released inmate to be

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  1       brought before the Kansas parole board, its designee or designees, for a
  2       hearing on the violation charged, under such rules and regulations as the
  3       board may adopt. It is within the discretion of the Kansas parole board
  4       whether such hearing requires the released inmate to appear personally
  5       before the board when such inmate's violation results from a conviction
  6       for a new felony or misdemeanor. Relevant written statements made un-
  7       der oath shall be admitted and considered by the Kansas parole board,
  8       its designee or designees, along with other evidence presented at the
  9       hearing. If the violation is established to the satisfaction of the Kansas
10       parole board, the board may continue or revoke the parole or conditional
11       release, or enter such other order as the board may see fit. Revocations
12       of release of inmates who are on a specified period of postrelease super-
13       vision shall be for a 180-day six-month period of confinement from the
14       date of the revocation hearing before the board, if the violation does not
15       result from a conviction for a new felony or misdemeanor. Such period
16       of confinement may be reduced by not more than 90 days 3 months based
17       on the inmate's conduct, work and program participating during the in-
18       carceration period. The reduction in the incarceration period shall be on
19       an earned basis pursuant to rules and regulations adopted by the secretary
20       of corrections.
21           (c) If the violation does result from a conviction for a new felony or
22       misdemeanor, upon revocation the inmate shall serve the entire remain-
23       ing balance of the period of postrelease supervision even if the new con-
24       viction did not result in the imposition of a new term of imprisonment.
25           (d) In the event the released inmate reaches conditional release date
26       as provided by K.S.A. 22-3718 and amendments thereto after a finding
27       of probable cause, pursuant to procedures established by the secretary of
28       corrections of a violation of the released inmate's conditions of release,
29       but prior to a hearing before the Kansas parole board, the secretary of
30       corrections shall be authorized to detain the inmate until the hearing by
31       the Kansas parole board. The secretary shall then enforce the order issued
32       by the Kansas parole board.
33           (e) If the secretary of corrections issues a warrant for the arrest of a
34       released inmate for violation of any of the conditions of release and the
35       released inmate is subsequently arrested in the state of Kansas, either
36       pursuant to the warrant issued by the secretary of corrections or for any
37       other reason, the released inmate's sentence shall not be credited with
38       the period of time from the date of the issuance of the secretary's warrant
39       to the date of the released inmate's arrest.
40           If a released inmate for whom a warrant has been issued by the sec-
41       retary of corrections for violation of the conditions of release is subse-
42       quently arrested in another state, and the released inmate has been au-
43       thorized as a condition of such inmate's release to reside in or travel to

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  1       the state in which the released inmate was arrested, and the released
  2       inmate has not absconded from supervision, the released inmate's sen-
  3       tence shall not be credited with the period of time from the date of the
  4       issuance of the warrant to the date of the released inmate's arrest. If the
  5       released inmate for whom a warrant has been issued by the secretary of
  6       corrections for violation of the conditions of release is subsequently ar-
  7       rested in another state for reasons other than the secretary's warrant and
  8       the released inmate does not have authorization to be in the other state
  9       or if authorized to be in the other state has been charged by the secretary
10       with having absconded from supervision, the released inmate's sentence
11       shall not be credited with the period of time from the date of the issuance
12       of the warrant by the secretary to the date the released inmate is first
13       available to be returned to the state of Kansas. If the released inmate for
14       whom a warrant has been issued by the secretary of corrections for vio-
15       lation of a condition of release is subsequently arrested in another state
16       pursuant only to the secretary's warrant, the released inmate's sentence
17       shall not be credited with the period of time from the date of the issuance
18       of the secretary's warrant to the date of the released inmate's arrest,
19       regardless of whether the released inmate's presence in the other state
20       was authorized or the released inmate had absconded from supervision.
21           The secretary may issue a warrant for the arrest of a released inmate
22       for violation of any of the conditions of release and may direct that all
23       reasonable means to serve the warrant and detain such released inmate
24       be employed including but not limited to notifying the federal bureau of
25       investigation of such violation and issuance of warrant and requesting
26       from the federal bureau of investigation any pertinent information it may
27       possess concerning the whereabouts of the released inmate.
28           (f) Law enforcement officers shall execute warrants issued by the
29       secretary of corrections pursuant to subsection (a) or (d), and shall deliver
30       the inmate named ;(tri-stars)erein in the warrant to the jail used by the county
31       where the inmate is arrested unless some other place is designated by
32       the secretary, in the same manner as for the execution of any arrest war-
33       rant.
34           Sec. 3. K.S.A. 75-5217 and K.S.A. 1997 Supp. 21-4603d are hereby
35       repealed.
36           Sec. 4. This act shall take effect and be in force from and after its
37       publication in the statute book.
38