As Amended by Senate Committee
         

          Session of 1998
                   
SENATE BILL No. 587
         
By Committee on Judiciary
         
2-4
          10             AN ACT concerning criminal procedure; relating to parole, release pro-
11             cedures and the Kansas parole board; hearings and certain waivers;
12             composition and qualifications of the board; members pro tem;
13             amending K.S.A. 75-5217 and K.S.A. 1997 Supp. 22-3707, 22-3709,
14             22-3713 and 22-3717 and repealing the existing sections.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           Section 1. K.S.A. 1997 Supp. 22-3707 is hereby amended to read as
18       follows: 22-3707. (a) On and after July 1, 1997 (1) Except as otherwise
19       provided by this section, the Kansas parole board shall consist of four
20       members appointed by the governor, subject to confirmation by the sen-
21       ate as provided in K.S.A. 75-4315b and amendments thereto. On and
22       after January 15, 1999, the Kansas parole board shall consist of three
23       members appointed by the governor subject to confirmation as provided
24       in K.S.A. 75-4315b and amendments thereto.
25           (2) Except as provided by K.S.A. 1997 Supp. 46-2601, and amend-
26       ments thereto, no person shall exercise any power, duty or function as a
27       member of the board until confirmed by the senate.
28           (3) As determined by the governor, no successor shall be appointed
29       as provided in this section for any member the office of one of the members
30       of the Kansas parole board whose term expires on June 30, 1997 terms
31       expire on January 15, 1999. On and after July 1, 1997,
32           (4) No appointment shall be made that would result in more than
33       two members of the board being members of the same political party.
34       Except as provided by subsection (b), the term of office of the members
35       of the board shall be four years and until their successors are appointed
36       and confirmed. If a vacancy occurs in the membership of the board before
37       the expiration of the term of office, a successor shall be appointed for the
38       remainder of the unexpired term in the same manner that original ap-
39       pointments are made.
40           (5) On and after the effective date of this act, as the terms of office of
41       members of the Kansas parole board expire or vacancies occur in the
42       membership of the board, the governor shall appoint successors so that
43       (A) all members have a baccalaureate or higher degree from an accredited

SB 587--Am.

2

  1       college or university, (B) one member has an advanced degree in one or
  2       more of the behavioral sciences and has experience with the delivery of
  3       treatment in the practice of a behavioral science, and (C) the remaining
  4       members have at least six years experience in the criminal justice system.
  5           (6) Each member of the board shall devote the member's full time
  6       to the duties of membership on the board.
  7           (b) The terms of members who are serving on the board on the ef-
  8       fective date of this act shall expire on January 15, of the year in which
  9       such member's term would have expired under the provisions of this
10       section prior to amendment by this act. Thereafter, members shall be
11       appointed for terms of four years and until their successors are appointed
12       and confirmed. Each such term of office shall be deemed to commence on
13       January 15 of the year in which the member is appointed.
14           (c) The governor may not remove any member of the Kansas parole
15       board except for disability, inefficiency, neglect of duty or malfeasance in
16       office. Before removal, the governor shall give the member a written copy
17       of the charges against the member and shall fix the time when the mem-
18       ber can be heard at a public hearing, which shall not be less than 10 days
19       thereafter. Upon removal, the governor shall file in the office of the sec-
20       retary of state a complete statement of all charges made against the mem-
21       ber and the findings thereupon, with a complete record of the proceed-
22       ings.
23           (d) Upon the application of the chairperson of the parole board, the
24       governor may appoint a qualified person as a member pro tem of the
25       Kansas parole board to act in the place a member of the Kansas parole
26       board with respect to specified matters and proceedings before the parole
27       board for good cause shown or in any case of a conflict of interest or of
28       the absence, sickness or disability of such member of the parole board.
29       The application for appointment of a member pro tem under this subsec-
30       tion may be made by another member of the parole board in a case of the
31       absence, sickness or disability of the chairperson of the parole board. Each
32       person appointed to serve as a member pro tem of the Kansas parole board
33       shall be a person who is qualified to fill the position of the member of the
34       parole board for whom such person is being appointed if such position
35       was vacant. Upon taking the oath of office, any such member pro tem of
36       the parole board shall have the full power and authority of a member of
37       the parole board with respect to those matters and proceedings before
38       such member pro tem. The appointment of a member pro tem of the
39       Kansas parole board shall be temporary and shall be effective only for the
40       matters and proceedings specified by the governor in making such ap-
41       pointment. The appointment of a member pro tem of the Kansas parole
42       board shall not be subject to confirmation by the senate. Each member
43       pro tem shall be in the unclassified service under the Kansas civil service

SB 587--Am.

3

  1       act, shall receive per diem compensation in an amount prescribed by the
  2       governor, subject to the budget limitations of the Kansas parole board,
  3       and shall receive subsistence allowances, mileage and other expenses as
  4       provided in K.S.A. 75-3223 and amendments thereto.
  5           Sec. 2. K.S.A. 1997 Supp. 22-3709 is hereby amended to read as
  6       follows: 22-3709. (a) (1) The chairperson and vice-chairperson of the Kan-
  7       sas parole board shall be designated by the governor. The chairperson of
  8       the board shall have the authority to organize and administer the activities
  9       of the board.
10           (2) Prior to January 15, 1999, the chairperson of the board may des-
11       ignate panels, consisting of three members of the board, which shall have
12       the full authority and power of the board to order the denial, grant or
13       revocation of an inmate's offender's parole or conditional release, or for
14       crimes committed on or after July 1, 1993, grant parole for off-grid crimes
15       or revocation of postrelease supervision or to order the revocation of an
16       inmate's offender's conditional release, upon hearing by one or more
17       members of the panel.
18           (3) On or after January 15, 1999, the chairperson of the board may
19       designate panels, consisting of two members of the board, which shall
20       have the full authority and power of the board to order the denial, grant
21       or revocation of an inmate's parole or conditional release, or for crimes
22       committed on or after July 1, 1993, grant parole for off-grid crimes or
23       revocation of postrelease supervision or to order the revocation of an
24       inmate's conditional release, upon hearing by one member of the panel.
25           (b) (1) Prior to January 15, 1999, any decision of the Kansas parole
26       board granting original parole to an inmate offender sentenced for a class
27       A or class B felony or for off-grid crimes committed on or after July 1,
28       1993, shall be by unanimous vote of all members of the three-member
29       panel acting on such parole except that, if two members of such panel
30       vote to parole the inmate offender, the full membership of the board shall
31       review the decision of the panel and may parole such inmate offender
32       upon the vote of three members of the board.
33           (2) On or after January 15, 1999, any decision of the Kansas parole
34       board granting original parole to an offender sentenced for a class A or
35       class B felony or for off-grid crimes committed on or after July 1, 1993,
36       shall be by action of the Kansas parole board upon the unanimous a
37       majority vote of all members of the board acting on such parole or in
38       the case of a panel as provided in subsection (a)(3), upon an affir-
39       mative vote of both members of the panel.
40           Sec. 3. K.S.A. 1997 Supp. 22-3713 is hereby amended to read as
41       follows: 22-3713. (a) The Kansas parole board may authorize one or
42       more of its members to conduct hearings on behalf of the parole board.
43           (b) (1) For any hearing or hearings which the Kansas parole board

SB 587--Am.

4

  1       is required or authorized to conduct under K.S.A. 22-3717 through 22-
  2       3727 and amendments thereto, the parole board may refer such hearing
  3       or hearings to an employee of the department of corrections, who shall
  4       be designated by the chairperson of the parole board in accordance with
  5       procedures prescribed by rules and regulations adopted by the parole
  6       board, to conduct such hearing or hearings without the presence of the
  7       parole board or any member thereof. Each such hearing shall be con-
  8       ducted by the hearing officer in accordance with procedures prescribed
  9       by rules and regulations adopted by the parole board. After each such
10       hearing, the hearing officer shall prepare a written report setting forth
11       information about the offender who is the subject of the hearing and shall
12       make a recommendation to the parole board.
13           (2) After each such hearing, a parole board panel established under
14       K.S.A. 22-3709 and amendments thereto, shall review the information and
15       recommendation provided by the hearing officer. The panel shall affirm,
16       modify or reject the recommendation. If the recommendation is affirmed,
17       then that recommendation shall constitute an order of the parole board
18       and no further action shall be required by the parole board. If the rec-
19       ommendation is rejected, then a parole board panel established under
20       K.S.A. 22-3709 and amendments thereto shall conduct a new hearing. If
21       the recommendation is modified, then a parole board panel established
22       under K.S.A. 22-3709 and amendments thereto shall determine whether
23       the modification is of a substantive nature requiring a new hearing. If it
24       is determined that the modification of the recommendation is of a sub-
25       stantive nature requiring a new hearing on the matter, then a parole board
26       panel established under K.S.A. 22-3709 and amendments thereto shall
27       conduct the new hearing. If it is determined that the modification of the
28       recommendation is not of a substantive nature, then that recommendation
29       shall constitute an order of the parole board and no further action shall
30       be required by the parole board.
31           (3) As used in this section and in K.S.A. 22-3717 and amendments
32       thereto, ``hearing officer'' means any hearing officer of the department of
33       corrections or any other qualified employee of the department of correc-
34       tions designated by the Kansas parole board for the purposes acting as a
35       hearing officer for the Kansas parole board for purposes of conducting
36       hearings under K.S.A. 22-3717 through 22-3727 and amendments thereto.
37           (c) The secretary of corrections shall provide the Kansas parole board
38       with necessary personnel and accounting services.
39           Sec. 4. K.S.A. 1997 Supp. 22-3717 is hereby amended to read as
40       follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
41       1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
42       4638 and amendments thereto, an inmate offender, including an inmate
43       offender sentenced pursuant to K.S.A. 21-4618 and amendments thereto,

SB 587--Am.

5

  1       shall be eligible for parole after serving the entire minimum sentence
  2       imposed by the court, less good time credits.
  3           (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
  4       amendments thereto, an inmate offender sentenced to imprisonment for
  5       the crime of capital murder, or an inmate offender sentenced for the
  6       crime of murder in the first degree based upon a finding of premeditated
  7       murder, committed on or after July 1, 1994, shall be eligible for parole
  8       after serving 25 years of confinement, without deduction of any good time
  9       credits.
10           (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
11       Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
12       and amendments thereto, an inmate offender sentenced to imprisonment
13       for an off-grid offense committed on or after July 1, 1993, shall be eligible
14       for parole after serving 15 years of confinement, without deduction of
15       any good time credits.
16           (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
17       repeal, an inmate offender sentenced for a class A felony committed be-
18       fore July 1, 1993, including an inmate offender sentenced pursuant to
19       K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after
20       serving 15 years of confinement, without deduction of any good time
21       credits.
22           (4) An inmate offender sentenced to imprisonment for a violation of
23       subsection (a) of K.S.A. 21-3402 and amendments thereto committed on
24       or after July 1, 1996, shall be eligible for parole after serving 10 years of
25       confinement without deduction of any good time credits.
26           (c) Except as provided in subsection (e), if an inmate offender is sen-
27       tenced to imprisonment for more than one crime and the sentences run
28       consecutively, the inmate offender shall be eligible for parole after serving
29       the total of:
30           (1) The aggregate minimum sentences, as determined pursuant to
31       K.S.A. 21-4608 and amendments thereto, less good time credits for those
32       crimes which are not class A felonies; and
33           (2) an additional 15 years, without deduction of good time credits,
34       for each crime which is a class A felony.
35           (d) (1) Persons Offenders sentenced for crimes, other than off-grid
36       crimes, committed on or after July 1, 1993, will not be eligible for parole,
37       but will be released to a mandatory period of postrelease supervision upon
38       completion of the prison portion of their sentence as follows:
39           (A) Except as provided in subparagraphs (d)(1)(C) and (d)(1)(D),
40       persons offenders sentenced for nondrug severity level 1 through 6 crimes
41       and drug severity levels 1 through 3 crimes must serve 36 months, plus
42       the amount of good time earned and retained pursuant to K.S.A. 21-4722
43       and amendments thereto, on postrelease supervision.

SB 587--Am.

6

  1           (B) Except as provided in subparagraphs (d)(1)(C) and (d)(1)(D),
  2       persons offenders sentenced for nondrug severity level 7 through 10
  3       crimes and drug severity level 4 crimes must serve 24 months, plus the
  4       amount of good time earned and retained pursuant to K.S.A. 21-4722
  5       and amendments thereto, on postrelease supervision.
  6           (C) (i) The sentencing judge shall impose the postrelease supervision
  7       period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
  8       finds substantial and compelling reasons to impose a departure based
  9       upon a finding that the current crime of conviction was sexually violent
10       or sexually motivated. In that event, departure may be imposed to extend
11       the postrelease supervision to a period of up to 60 months.
12           (ii) If the sentencing judge departs from the presumptive postrelease
13       supervision period, the judge shall state on the record at the time of
14       sentencing the substantial and compelling reasons for the departure. De-
15       partures in this section are subject to appeal pursuant to K.S.A. 21-4721
16       and amendments thereto.
17           (iii) In determining whether substantial and compelling reasons exist,
18       the court shall consider:
19           (a) Written briefs or oral arguments submitted by either the defend-
20       ant offender or the state;
21           (b) any evidence received during the proceeding;
22           (c) the presentence report, the victim's impact statement and any
23       psychological evaluation as ordered by the court pursuant to subsection
24       (e) of K.S.A. 21-4714 and amendments thereto; and
25           (d) any other evidence the court finds trustworthy and reliable.
26           (iv) The sentencing judge may order that a psychological evaluation
27       be prepared and the recommended programming be completed by the
28       offender. The department of corrections or the parole board shall ensure
29       that court ordered sex offender treatment be is carried out.
30           (v) In carrying out the provisions of subparagraph (d)(1)(C), the court
31       shall refer to K.S.A. 21-4718 and amendments thereto.
32           (vi) Upon petition, the parole board may provide for early discharge
33       from the postrelease supervision period upon completion of court or-
34       dered programs and completion of the presumptive postrelease super-
35       vision period, as determined by the crime of conviction, pursuant to sub-
36       paragraph (d)(1)(A) or (d)(1)(B). Early discharge from postrelease
37       supervision is at the discretion of the parole board.
38           (vii) Persons Offenders convicted of crimes deemed sexually violent
39       or sexually motivated, shall be registered according to the habitual sex
40       offender registration act, K.S.A. 22-4901 through 22-4910 and amend-
41       ments thereto.
42           (D) The period of postrelease supervision provided in subparagraphs
43       (d)(1)(A) and (d)(1)(B) may be reduced by up to 12 months based on the

SB 587--Am.

7

  1       offender's compliance with conditions of supervision and overall perform-
  2       ance while on postrelease supervision. The reduction in the supervision
  3       period shall be on an earned basis pursuant to rules and regulations
  4       adopted by the secretary of corrections.
  5           (E) In cases where sentences for crimes from more than one severity
  6       level have been imposed, the highest severity level offense will shall dic-
  7       tate the period of postrelease supervision. Supervision periods will not
  8       aggregate.
  9           (2) As used in this section, ``sexually violent crime'' means:
10           (A) Rape, K.S.A. 21-3502, and amendments thereto;
11           (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
12       thereto;
13           (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
14       amendments thereto;
15           (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
16       and amendments thereto;
17           (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
18       thereto;
19           (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
20       thereto;
21           (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
22       amendments thereto;
23           (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
24       thereto;
25           (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
26       thereto;
27           (J) any conviction for a felony offense in effect at any time prior to
28       the effective date of this act, that is comparable to a sexually violent crime
29       as defined in subparagraphs (d)(2)(A) through (d)(2)(I), or any federal or
30       other state conviction for a felony offense that under the laws of this state
31       would be a sexually violent crime as defined in this section;
32           (K) an attempt, conspiracy or criminal solicitation, as defined in
33       K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
34       violent crime as defined in this section; or
35           (L) any act which at the time of sentencing for the offense has been
36       determined beyond a reasonable doubt to have been sexually motivated.
37       As used in this subparagraph, ``sexually motivated'' means that one of the
38       purposes for which the defendant offender committed the crime was for
39       the purpose of the defendant's offender's sexual gratification.
40           (e) If an inmate offender is sentenced to imprisonment for a crime
41       committed while on parole or conditional release, the inmate offender
42       shall be eligible for parole as provided by subsection (c), except that the
43       Kansas parole board may postpone the inmate's offender's parole eligi-

SB 587--Am.

8

  1       bility date by assessing a penalty not exceeding the period of time which
  2       could have been assessed if the inmate's offender's parole or conditional
  3       release had been violated for reasons other than conviction of a crime.
  4           (f) If a person an offender is sentenced to prison for a crime com-
  5       mitted on or after July 1, 1993, while on probation, parole, conditional
  6       release or in a community corrections program, for a crime committed
  7       prior to July 1, 1993, and the person offender is not eligible for retroactive
  8       application of the sentencing guidelines and amendments thereto pur-
  9       suant to K.S.A. 21-4724 and amendments thereto, the new sentence shall
10       not be aggregated with the old sentence, but shall begin when the person
11       offender is paroled or reaches the conditional release date on the old
12       sentence. If the offender was past the offender's conditional release date
13       at the time the new offense was committed, the new sentence shall not
14       be aggregated with the old sentence but shall begin when the person
15       offender is ordered released by the Kansas parole board or reaches the
16       maximum sentence expiration date on the old sentence, whichever is
17       earlier. The new sentence shall then be served as otherwise provided by
18       law. The period of postrelease supervision shall be based on the new
19       sentence, except that those offenders whose old sentence is a term of
20       imprisonment for life, imposed pursuant to K.S.A. 1993 Supp. 21-4628
21       prior to its repeal, or an indeterminate sentence with a maximum term
22       of life imprisonment, for which there is no conditional release or maxi-
23       mum sentence expiration date, shall remain on postrelease supervision
24       for life or until discharged from supervision by the Kansas parole board.
25           (g) Subject to the provisions of this section, the Kansas parole board
26       may release on parole those persons offenders confined in institutions
27       who are eligible for parole when: (1) The board believes that the inmate
28       offender should be released for hospitalization, for deportation or to an-
29       swer the warrant or other process of a court and is of the opinion that
30       there is reasonable probability that the inmate offender can be released
31       without detriment to the community or to the inmate offender; or (2) the
32       secretary of corrections has reported to the board in writing that the
33       inmate offender has satisfactorily completed the programs required by
34       any agreement entered under K.S.A. 75-5210a and amendments thereto,
35       or any revision of such agreement, and the board believes that the inmate
36       offender is able and willing to fulfill the obligations of a law abiding citizen
37       and is of the opinion that there is reasonable probability that the inmate
38       offender can be released without detriment to the community or to the
39       inmate offender. Parole shall not be granted as an award of clemency and
40       shall not be considered a reduction of sentence or a pardon.
41           (h) The Kansas parole board shall hold a parole hearing at least the
42       month prior to the month an inmate offender will be eligible for parole
43       under subsections (a), (b) and (c). At least the month preceding the parole

SB 587--Am.

9

  1       hearing, the county or district attorney of the county where the inmate
  2       offender was convicted shall give written notice of the time and place of
  3       the public comment sessions for the inmate to any victim of the inmate's
  4       offender's crime who is alive and whose address is known to the county
  5       or district attorney or, if the victim is deceased, to the victim's family if
  6       the family's address is known to the county or district attorney. Except as
  7       otherwise provided, failure to notify pursuant to this section shall not be
  8       a reason to postpone a parole hearing. In the case of any inmate offender
  9       convicted of a class A felony the secretary of corrections shall give written
10       notice of the time and place of the public comment session for such
11       inmate offender at least one month preceding the public comment session
12       to any victim of such inmate's offender's crime or the victim's family pur-
13       suant to K.S.A. 74-7338 and amendments thereto. If notification is not
14       given to such victim or such victim's family in the case of any inmate
15       offender convicted of a class A felony, the board shall postpone a decision
16       on parole of the inmate offender to a time at least 30 days after notification
17       is given as provided in this section. Nothing in this section shall create a
18       cause of action against the state or an employee of the state acting within
19       the scope of the employee's employment as a result of the failure to notify
20       pursuant to this section. If granted parole, the inmate offender may be
21       released on parole on the date specified by the board, but not earlier than
22       the date the inmate offender is eligible for parole under subsections (a),
23       (b) and (c). At each parole hearing and, if parole is not granted, at such
24       intervals thereafter as it determines appropriate, the Kansas parole board
25       shall consider: (1) Whether the inmate offender has satisfactorily com-
26       pleted the programs required by any agreement entered under K.S.A.
27       75-5210a and amendments thereto, or any revision of such agreement;
28       and (2) all pertinent information regarding such inmate offender, includ-
29       ing, but not limited to, the circumstances of the offense of the inmate
30       offender; the presentence report; the previous social history and criminal
31       record of the inmate offender; the conduct, employment, and attitude of
32       the inmate offender in prison; the reports of such physical and mental
33       examinations as have been made; comments of the victim and the victim's
34       family; comments of the public; official comments; and capacity of state
35       correctional institutions.
36           (i) In those cases involving inmates offenders sentenced for a crime
37       committed after July 1, 1993, the parole board will a parole board member
38       shall review the inmates offender's proposed release plan. The board may
39       schedule a hearing if they desire the board so desires. The board may
40       impose any condition they deem necessary to insure public safety, aid in
41       the reintegration of the inmate offender into the community, or items not
42       completed under the agreement entered into under K.S.A. 75-5210a and
43       amendments thereto. The board may not advance or delay an inmate's

SB 587--Am.

10

  1       offender's release date. Every inmate offender while on postrelease su-
  2       pervision shall remain in the legal custody of the secretary of corrections
  3       and is subject to the orders of the secretary.
  4           (j) Before ordering the parole of any inmate offender, the Kansas
  5       parole board shall have the inmate offender appear before either in person
  6       or via a video conferencing format and shall interview the inmate offender
  7       unless impractical because of the inmate's offender's physical or mental
  8       condition or absence from the institution. Every inmate offenders while
  9       on parole shall remain in the legal custody of the secretary of corrections
10       and is subject to the orders of the secretary. Whenever the Kansas parole
11       board formally considers placing an inmate offender on parole and no
12       agreement has been entered into with the inmate offender under K.S.A.
13       75-5210a and amendments thereto, the board shall notify the inmate of-
14       fender in writing of the reasons for not granting parole. If an agreement
15       has been entered under K.S.A. 75-5210a and amendments thereto and
16       the inmate offender has not satisfactorily completed the programs spec-
17       ified in the agreement, or any revision of such agreement, the board shall
18       notify the inmate offender in writing of the specific programs the inmate
19       offender must satisfactorily complete before parole will be granted. If
20       parole is not granted only because of a failure to satisfactorily complete
21       such programs, the board shall grant parole upon the secretary's certifi-
22       cation that the inmate offender has successfully completed such programs.
23       If an agreement has been entered under K.S.A. 75-5210a and amend-
24       ments thereto and the secretary of corrections has reported to the board
25       in writing that the inmate offender has satisfactorily completed the pro-
26       grams required by such agreement, or any revision thereof, the board
27       shall not require further program participation. However, if the board
28       determines that other pertinent information regarding the inmate offend-
29       ers warrants the inmate's offender's not being released on parole, the
30       board shall state in writing the reasons for not granting the parole. If
31       parole is denied for an inmate offender sentenced for a crime other than
32       a class A or class B felony or an off-grid felony, the board shall hold
33       another parole hearing for the inmate offender not later than one year
34       after the denial unless the parole board finds that it is not reasonable to
35       expect that parole would be granted at a hearing if held in the next three
36       years or during the interim period of a deferral. In such case, the parole
37       board may defer subsequent parole hearings for up to three years but any
38       such deferral by the board shall require the board to state the basis for
39       its findings. If parole is denied for an inmate offender sentenced for a
40       class A or class B felony or an off-grid felony, the board shall hold another
41       parole hearing for the inmate offender not later than three years after the
42       denial unless the parole board finds that it is not reasonable to expect
43       that parole would be granted at a hearing if held in the next 10 years or

SB 587--Am.

11

  1       during the interim period of a deferral. In such case, the parole board
  2       may defer subsequent parole hearings for up to 10 years but any such
  3       deferral shall require the board to state the basis for its findings.
  4           (k) Parolees and persons on postrelease supervision shall be assigned,
  5       upon release, to the appropriate level of supervision pursuant to the cri-
  6       teria established by the secretary of corrections.
  7           (l) The Kansas parole board shall adopt rules and regulations in ac-
  8       cordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
  9       consistent with the law and as it may deem proper or necessary, with
10       respect to the conduct of parole hearings, postrelease supervision reviews,
11       revocation hearings, orders of restitution, reimbursement of expenditures
12       by the state board of indigents' defense services and other conditions to
13       be imposed upon parolees or releasees. Whenever an order for parole or
14       postrelease supervision is issued it shall recite the conditions thereof.
15           (m) Whenever the Kansas parole board orders the parole of an in-
16       mate offender or establishes conditions for an inmate offender placed on
17       postrelease supervision, the board:
18           (1) Unless it finds compelling circumstances which would render a
19       plan of payment unworkable, shall order as a condition of parole or post-
20       release supervision that the parolee or the person on postrelease super-
21       vision pay any transportation expenses resulting from returning the pa-
22       rolee or the person on postrelease supervision to this state to answer
23       criminal charges or a warrant for a violation of a condition of probation,
24       assignment to a community correctional services program, parole, con-
25       ditional release or postrelease supervision;
26           (2) to the extent practicable, shall order as a condition of parole or
27       postrelease supervision that the parolee or the person on postrelease su-
28       pervision make progress towards or successfully complete the equivalent
29       of a secondary education if the inmate offender has not previously com-
30       pleted such educational equivalent and is capable of doing so;
31           (3) may order that the parolee or person on postrelease supervision
32       perform community or public service work for local governmental agen-
33       cies, private corporations organized not-for-profit or charitable or social
34       service organizations performing services for the community;
35           (4) may order the parolee or person on postrelease supervision to pay
36       the administrative fee imposed pursuant to K.S.A. 1997 Supp. 22-4529
37       unless the board finds compelling circumstances which would render pay-
38       ment unworkable; and
39           (5) unless it finds compelling circumstances which would render a
40       plan of payment unworkable, shall order that the parolee or person on
41       postrelease supervision reimburse the state for all or part of the expend-
42       itures by the state board of indigents' defense services to provide counsel
43       and other defense services to the person. In determining the amount and

SB 587--Am.

12

  1       method of payment of such sum, the parole board shall take account of
  2       the financial resources of the person and the nature of the burden that
  3       the payment of such sum will impose. Such amount shall not exceed the
  4       amount claimed by appointed counsel on the payment voucher for indi-
  5       gents' defense services or the amount prescribed by the board of indi-
  6       gents' defense services reimbursement tables as provided in K.S.A. 22-
  7       4522 and amendments thereto, whichever is less, minus any previous
  8       payments for such services.
  9           (n) If the court which sentenced an inmate offender specified at the
10       time of sentencing the amount and the recipient of any restitution or-
11       dered as a condition of parole or postrelease supervision, the Kansas pa-
12       role board shall order as a condition of parole or postrelease supervision
13       that the inmate offender pay restitution in the amount and manner pro-
14       vided in the journal entry unless the board finds compelling circum-
15       stances which would render a plan of restitution unworkable.
16           (o) Whenever the Kansas parole board grants the parole of an inmate
17       offender, the board, within 10 days of the date of the decision to grant
18       parole, shall give written notice of the decision to the county or district
19       attorney of the county where the inmate offender was sentenced.
20           (p) When an inmate offender is to be released on postrelease super-
21       vision, the secretary, within 30 days prior to release, shall provide the
22       county or district attorney of the county where the inmate offender was
23       sentenced written notice of the release date.
24           (q) Inmates Offenders shall be released on postrelease supervision
25       upon the termination of the prison portion of their sentence. Time served
26       while on postrelease supervision will vest.
27           (r) An inmate offender who is allocated regular good time credits as
28       provided in K.S.A. 22-3725 and amendments thereto may receive meri-
29       torious good time credits in increments of not more than 90 days per
30       meritorious act. These credits may be awarded by the secretary of cor-
31       rections when an inmate offender has acted in a heroic or outstanding
32       manner in coming to the assistance of another person in a life threatening
33       situation, preventing injury or death to a person, preventing the destruc-
34       tion of property or taking actions which result in a financial savings to the
35       state.
36           Sec. 5. K.S.A. 75-5217 is hereby amended to read as follows: 75-
37       5217. (a) At any time during release on parole, conditional release or
38       postrelease supervision, the secretary of corrections may issue a warrant
39       for the arrest of a released inmate offender for violation of any of the
40       conditions of release, or a notice to appear to answer to a charge of vio-
41       lation. Such notice shall be served personally upon the released inmate
42       offender. The warrant shall authorize any law enforcement officer to ar-
43       rest and deliver the released inmate offender to a place as provided by

SB 587--Am.

13

  1       subsection (f). Any parole officer may arrest such released inmate offender
  2       without a warrant, or may deputize any other officer with power of arrest
  3       to do so by giving such officer a written arrest and detain order setting
  4       forth that the released inmate offender has, in the judgment of the parole
  5       officer, violated the conditions of the inmate's offender's release. The
  6       written arrest and detain order delivered with the released inmate of-
  7       fender by the arresting officer to the official in charge of the institution
  8       or place to which the released inmate offender is brought for detention
  9       shall be sufficient warrant for detaining the inmate offender. After making
10       an arrest the parole officer shall present to the detaining authorities a
11       similar arrest and detain order and statement of the circumstances of
12       violation. Pending hearing, as hereinafter provided, upon any charge of
13       violation the released inmate offender shall remain incarcerated in the
14       institution or place to which the inmate offender is taken for detention.
15           (b) Upon such arrest and detention, the parole officer shall notify the
16       secretary of corrections, or the secretary's designee, within five days and
17       shall submit in writing a report showing in what manner the released
18       inmate offender had violated the conditions of release. After such notifi-
19       cation is given to the secretary of corrections, or upon an arrest by warrant
20       as herein provided, and the finding of probable cause pursuant to pro-
21       cedures established by the secretary of a violation of the released inmate's
22       offender's conditions of release, the secretary shall cause the released
23       inmate offender to be brought before the Kansas parole board, its des-
24       ignee or designees, for a hearing on the violation charged, under such
25       rules and regulations as the board may adopt. It is within the discretion
26       of the Kansas parole board whether such hearing requires the released
27       inmate offender to appear personally before the board when such inmate's
28       offender's violation results from a conviction for a new felony or misde-
29       meanor. An offender under determinate sentencing may waive the right
30       to a final revocation hearing before the Kansas parole board under such
31       conditions and terms as may be prescribed by rules and regulations of the
32       Kansas parole board. Relevant written statements made under oath shall
33       be admitted and considered by the Kansas parole board, its designee or
34       designees, along with other evidence presented at the hearing. If the
35       violation is established to the satisfaction of the Kansas parole board, the
36       board may continue or revoke the parole or conditional release, or enter
37       such other order as the board may see fit. Revocations The revocation of
38       release of inmates each offender who are is on a specified period of post-
39       release supervision shall be for a 180-day period of confinement from
40       either the date of the revocation hearing before the board or the effective
41       date of waiver of such hearing by the offender pursuant to rules and
42       regulations of the Kansas parole board, if the violation does not result
43       from a conviction for a new felony or misdemeanor. Such period of con-

SB 587--Am.

14

  1       finement may be reduced by not more than 90 days based on the inmate's
  2       offender's conduct, work and program participating during the incarcer-
  3       ation period. The reduction in the incarceration period shall be on an
  4       earned basis pursuant to rules and regulations adopted by the secretary
  5       of corrections.
  6           (c) If the violation does result from a conviction for a new felony or
  7       misdemeanor, upon revocation the inmate offender shall serve the entire
  8       remaining balance of the period of postrelease supervision even if the
  9       new conviction did not result in the imposition of a new term of impris-
10       onment.
11           (d) In the event the released inmate offender reaches conditional re-
12       lease date as provided by K.S.A. 22-3718 and amendments thereto after
13       a finding of probable cause, pursuant to procedures established by the
14       secretary of corrections of a violation of the released inmate's offender's
15       conditions of release, but prior to a hearing before the Kansas parole
16       board, the secretary of corrections shall be authorized to detain the in-
17       mate offender until the hearing by the Kansas parole board. The secretary
18       shall then enforce the order issued by the Kansas parole board.
19           (e) If the secretary of corrections issues a warrant for the arrest of a
20       released inmate offender for violation of any of the conditions of release
21       and the released inmate offender is subsequently arrested in the state of
22       Kansas, either pursuant to the warrant issued by the secretary of correc-
23       tions or for any other reason, the released inmate's offender's sentence
24       shall not be credited with the period of time from the date of the issuance
25       of the secretary's warrant to the date of the released inmate's offender's
26       arrest.
27           If a released inmate offender for whom a warrant has been issued by
28       the secretary of corrections for violation of the conditions of release is
29       subsequently arrested in another state, and the released inmate offender
30       has been authorized as a condition of such inmate's offender's release to
31       reside in or travel to the state in which the released inmate offender was
32       arrested, and the released inmate offender has not absconded from su-
33       pervision, the released inmate's offender's sentence shall not be credited
34       with the period of time from the date of the issuance of the warrant to
35       the date of the released inmate's offender's arrest. If the released inmate
36       offender for whom a warrant has been issued by the secretary of correc-
37       tions for violation of the conditions of release is subsequently arrested in
38       another state for reasons other than the secretary's warrant and the re-
39       leased inmate offender does not have authorization to be in the other
40       state or if authorized to be in the other state has been charged by the
41       secretary with having absconded from supervision, the released inmate's
42       offender's sentence shall not be credited with the period of time from the
43       date of the issuance of the warrant by the secretary to the date the re-

SB 587--Am.

15

  1       leased inmate offender is first available to be returned to the state of
  2       Kansas. If the released inmate offender for whom a warrant has been
  3       issued by the secretary of corrections for violation of a condition of release
  4       is subsequently arrested in another state pursuant only to the secretary's
  5       warrant, the released inmate's offender's sentence shall not be credited
  6       with the period of time from the date of the issuance of the secretary's
  7       warrant to the date of the released inmate's offender's arrest, regardless
  8       of whether the released inmate's offender's presence in the other state
  9       was authorized or the released inmate offender had absconded from su-
10       pervision.
11           The secretary may issue a warrant for the arrest of a released inmate
12       offender for violation of any of the conditions of release and may direct
13       that all reasonable means to serve the warrant and detain such released
14       inmate offender be employed including but not limited to notifying the
15       federal bureau of investigation of such violation and issuance of warrant
16       and requesting from the federal bureau of investigation any pertinent
17       information it may possess concerning the whereabouts of the released
18       inmate offender.
19           (f) Law enforcement officers shall execute warrants issued by the
20       secretary of corrections pursuant to subsection (a) or (d), and shall deliver
21       the inmate offender named therein to the jail used by the county where
22       the inmate offender is arrested unless some other place is designated by
23       the secretary, in the same manner as for the execution of any arrest war-
24       rant.
25           Sec. 6. K.S.A. 75-5217 and K.S.A. 1997 Supp. 22-3707, 22-3709, 22-
26       3713 and 22-3717 are hereby repealed.
27           Sec. 7. This act shall take effect and be in force from and after its
28       publication in the Kansas register.
29