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          Session of 1998
                    SENATE BILL No. 639           By Senator Gooch           2-11             9             AN ACT concerning crimes and punishment; relating to certain drug
10             offenses; modification of sentence.
11            
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) Any person who was convicted of a violation of the
14       controlled substances act, K.S.A. 65-4101 et seq. and amendments
15       thereto, in which the substance involved was marijuana or tetrahydrocan-
16       nibinol as designated in subsection (d) of K.S.A. 65-4105 and amend-
17       ments thereto and such substance was not possessed with intent to sell,
18       sold or offered for sale or manufactured or distributed by such person,
19       shall be eligible to have such person's sentence modified as provided in
20       this section.
21           (b) The department of corrections shall conduct a review of all per-
22       sons who committed crimes and were sentenced prior to the effective
23       date of this act and are imprisoned in the custody of the secretary of
24       corrections on the effective date of this act to identify all persons whose
25       primary crime was for a violation of law as provided in subsection (a).
26           (c) The department shall issue a report on each such eligible person
27       as described in subsection (a) which compares the person's actual sen-
28       tence imposed with the sentence that the person would have received
29       had such person been sentenced on July 1, 1998. Such person's sentence
30       shall then be converted to the sentence that such person would have
31       received had such person been sentenced on July 1, 1998, except that a
32       person's sentence shall not be increased in length through a sentence
33       conversion as provided in this section.
34           (d) Any person whose sentence is modified as provided in this section
35       and who has already served such sentence shall be released and subject
36       to postrelease supervision as provided in K.S.A. 22-3717 and amendments
37       thereto.
38           Sec. 2. This act shall take effect and be in force from and after its
39       publication in the statute book.
40