Session of 1998
                   
SENATE BILL No. 650
         
By Committee on Judiciary
         
2-12
            9             AN ACT concerning crimes, criminal procedure and punishment; relating
10             to chemical treatment for certain offenders convicted of sexually vio-
11             lent offenses; amending K.S.A. 1997 Supp. 21-4610, 21-4611 and 22-
12             3717 and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           New Section 1. (a) The Kansas parole board may, in the exercise of
16       its discretion, order as a condition of parole or postrelease supervision for
17       an offender convicted of one or more sexually violent offenses as defined
18       in subsection (c) of K.S.A. 22-4902 and amendments thereto, that such
19       offender undergo medroxyprogesterone acetate treatment or its chemical
20       equivalent.
21           (b) Any such person ordered to undergo treatment as provided in
22       subsection (a) shall be financially responsible for the costs of the chemical
23       treatment and for the counseling which shall be required by the Kansas
24       parole board. Such person's inability to pay for the chemical treatment
25       and counseling shall not relieve the person from the obligation to undergo
26       such treatment and counseling and the department of corrections will
27       bear the cost until such time, if ever, as the person can assume financial
28       responsibility for the costs of treatment and counseling.
29           (c) When the board orders chemical treatment as provided in sub-
30       section (a) as a condition of release, the treatment shall begin one week
31       prior to such person's release from physical custody of the department of
32       corrections.
33           (d) Before beginning chemical treatment as required by the board,
34       pursuant to subsection (a), the person shall be informed about the uses
35       and side effects of such therapy, and such person shall provide the board
36       with a written acknowledgment that such person has received this infor-
37       mation.
38           (e) Failure of the person to continue or complete treatment pursuant
39       to this section shall be a ground for revocation of parole or postrelease
40       supervision. Any good time credits earned under K.S.A. 22-3725 and
41       amendments thereto may be forfeited by the board.
42           (f) Any physician or qualified mental health professional who acts in
43       good faith in compliance with this section in the administration of such

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  1       chemical treatment shall be immune from civil liability for such physi-
  2       cian's or professional's actions in connection with such treatment.
  3           (g) Nothing contained in this section shall be construed to require
  4       the continued administration of the chemical treatment when it is not
  5       medically appropriate.
  6           (h) The board shall adopt rules and regulations to implement the
  7       provisions of this section.
  8           Sec. 2. K.S.A. 1997 Supp. 21-4610 is hereby amended to read as
  9       follows: 21-4610. (a) Except as required by subsection (d), nothing in this
10       section shall be construed to limit the authority of the court to impose or
11       modify any general or specific conditions of probation, suspension of sen-
12       tence or assignment to a community correctional services program, except
13       that the court shall condition any order granting probation, suspension of
14       sentence or assignment to a community correctional services program on
15       the defendant's obedience of the laws of the United States, the state of
16       Kansas and any other jurisdiction to the laws of which the defendant may
17       be subject.
18           (b) The court services officer or community correctional services of-
19       ficer may recommend, and the court may order, the imposition of any
20       conditions of probation, suspension of sentence or assignment to a com-
21       munity correctional services program. For crimes committed on or after
22       July 1, 1993, in presumptive nonprison cases, the court services officer
23       or community correctional services officer may recommend, and the
24       court may order, the imposition of any conditions of probation or assign-
25       ment to a community correctional services program. The court may at
26       any time order the modification of such conditions, after notice to the
27       court services officer or community correctional services officer and an
28       opportunity for such officer to be heard thereon. The court shall cause a
29       copy of any such order to be delivered to the court services officer and
30       the probationer or to the community correctional services officer and the
31       community corrections participant, as the case may be.
32           (c) The court may impose any conditions of probation, suspension of
33       sentence or assignment to a community correctional services program
34       that the court deems proper, including but not limited to requiring that
35       the defendant:
36           (1) Avoid such injurious or vicious habits, as directed by the court,
37       court services officer or community correctional services officer;
38           (2) avoid such persons or places of disreputable or harmful character,
39       as directed by the court, court services officer or community correctional
40       services officer;
41           (3) report to the court services officer or community correctional
42       services officer as directed;
43           (4) permit the court services officer or community correctional serv-

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  1       ices officer to visit the defendant at home or elsewhere;
  2           (5) work faithfully at suitable employment insofar as possible;
  3           (6) remain within the state unless the court grants permission to
  4       leave;
  5           (7) pay a fine or costs, applicable to the offense, in one or several
  6       sums and in the manner as directed by the court;
  7           (8) support the defendant's dependents;
  8           (9) reside in a residential facility located in the community and par-
  9       ticipate in educational, counseling, work and other correctional or reha-
10       bilitative programs;
11           (10) perform community or public service work for local govern-
12       mental agencies, private corporations organized not for profit, or chari-
13       table or social service organizations performing services for the commu-
14       nity;
15           (11) perform services under a system of day fines whereby the de-
16       fendant is required to satisfy fines, costs or reparation or restitution ob-
17       ligations by performing services for a period of days determined by the
18       court on the basis of ability to pay, standard of living, support obligations
19       and other factors;
20           (12) participate in a house arrest program pursuant to K.S.A. 21-
21       4603b, and amendments thereto;
22           (13) order the defendant to pay the administrative fee authorized by
23       K.S.A. 1997 Supp. 22-4529, unless waived by the court; or
24           (14) in felony cases, except for violations of K.S.A. 8-1567 and amend-
25       ments thereto, be confined in a county jail not to exceed 30 days, which
26       need not be served consecutively.
27           (d) In addition to any other conditions of probation, suspension of
28       sentence or assignment to a community correctional services program,
29       the court shall order the defendant to comply with each of the following
30       conditions:
31           (1) Make reparation or restitution to the aggrieved party for the dam-
32       age or loss caused by the defendant's crime, in an amount and manner
33       determined by the court and to the person specified by the court, unless
34       the court finds compelling circumstances which would render a plan of
35       restitution unworkable. If the court finds a plan of restitution unworkable,
36       the court shall state on the record in detail the reasons therefor;
37           (2) pay the probation or community correctional services fee pursu-
38       ant to K.S.A. 21-4610a, and amendments thereto; and
39           (3) reimburse the state general fund for all or a part of the expendi-
40       tures by the state board of indigents' defense services to provide counsel
41       and other defense services to the defendant. In determining the amount
42       and method of payment of such sum, the court shall take account of the
43       financial resources of the defendant and the nature of the burden that

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  1       payment of such sum will impose. A defendant who has been required
  2       to pay such sum and who is not willfully in default in the payment thereof
  3       may at any time petition the court which sentenced the defendant to
  4       waive payment of such sum or of any unpaid portion thereof. If it appears
  5       to the satisfaction of the court that payment of the amount due will im-
  6       pose manifest hardship on the defendant or the defendant's immediate
  7       family, the court may waive payment of all or part of the amount due or
  8       modify the method of payment. The amount of attorney fees to be in-
  9       cluded in the court order for reimbursement shall be the amount claimed
10       by appointed counsel on the payment voucher for indigents' defense serv-
11       ices or the amount prescribed by the board of indigents' defense services
12       reimbursement tables as provided in K.S.A. 22-4522, and amendments
13       thereto, whichever is less.
14           (e) (1) In addition to any other provisions of this section, the court,
15       in sentencing a defendant for sexually violent crimes as defined in sub-
16       section (c) of K.S.A. 22-4902 and amendments thereto, may order the
17       defendant as a condition of probation to undergo medroxyprogesterone
18       acetate treatment or its chemical equivalent.
19           (2) Any defendant ordered to undergo treatment as provided in sub-
20       section (e)(1) shall be financially responsible for the costs of the chemical
21       treatment and for the counseling which shall be ordered by the judge.
22       Such defendant's inability to pay for the chemical treatment and coun-
23       seling shall not relieve the defendant from the obligation to undergo such
24       treatment and counseling as provided in subsection (e)(1) and the county
25       will bear the cost until such time, if ever, as the defendant can assume
26       financial responsibility for the costs of treatment and counseling.
27           (3) When the court orders chemical treatment as provided in subsec-
28       tion (e)(1) as a condition of probation, the treatment shall begin one week
29       prior to such defendant's release from jail, or in the event the defendant
30       is not in physical custody of the sheriff, immediately upon order of the
31       court.
32           (4) Before beginning chemical treatment as ordered by the court pur-
33       suant to subsection (e)(1), the defendant shall be informed about the uses
34       and side effects of such therapy, and such defendant shall provide the
35       court with a written acknowledgment that the defendant has received this
36       information.
37           (5) Failure of the defendant to continue or complete treatment pur-
38       suant to this section shall be a ground for revocation of probation.
39           (6) Any physician or qualified mental health professional who acts in
40       good faith in compliance with this section in the administration of the
41       treatment shall be immune from civil liability for such physician's or pro-
42       fessional's actions in connection with such treatment.
43           (7) Nothing contained in this section shall be construed to require the

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  1       continued administration of the chemical treatment when it is not medi-
  2       cally appropriate.
  3           Sec. 3. K.S.A. 1997 Supp. 21-4611 is hereby amended to read as
  4       follows: 21-4611. (a) The period of suspension of sentence, probation or
  5       assignment to community corrections fixed by the court shall not exceed
  6       five years in felony cases involving crimes committed prior to July 1, 1993,
  7       or two years in misdemeanor cases, subject to renewal and extension for
  8       additional fixed periods not exceeding five years in such felony cases, nor
  9       two years in misdemeanor cases. In no event shall the total period of
10       probation, suspension of sentence or assignment to community correc-
11       tions for a felony committed prior to July 1, 1993, exceed the greatest
12       maximum term provided by law for the crime, except that where the
13       defendant is convicted of nonsupport of a child, the period may be con-
14       tinued as long as the responsibility for support continues. Probation, sus-
15       pension of sentence or assignment to community corrections may be ter-
16       minated by the court at any time and upon such termination or upon
17       termination by expiration of the term of probation, suspension of sentence
18       or assignment to community corrections, an order to this effect shall be
19       entered by the court.
20           (b) The district court having jurisdiction of the offender may parole
21       any misdemeanant sentenced to confinement in the county jail. The pe-
22       riod of such parole shall be fixed by the court and shall not exceed two
23       years and shall be terminated in the manner provided for termination of
24       suspended sentence and probation.
25           (c) For all crimes committed on or after July 1, 1993, the recom-
26       mended duration of probation in all felony cases is as follows:
27           (1) For nondrug crimes:
28           (A) Thirty-six months for crimes in crime severity levels 1 through 5;
29       and
30           (B) 24 months for crimes in crime severity levels 6 through 10; and
31           (2) for drug crimes:
32           (A) Thirty-six months for crimes in crime severity levels 1 through 3;
33       and
34           (B) 24 months for crimes in crime severity level 4.
35           (3) Except as provided in subsections (c)(4) and (c)(5), the total pe-
36       riod in all cases shall not exceed 60 months, or the maximum period of
37       the prison sentence that could be imposed whichever is longer. Nonprison
38       sentences may be terminated by the court at any time.
39           (4) If the defendant is convicted of nonsupport of a child, the period
40       may be continued as long as the responsibility for support continues. If
41       the defendant is ordered to pay full or partial restitution, the period may
42       be continued as long as the amount of restitution ordered has not been
43       paid.

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  1           (5) The court may modify or extend the offender's period of super-
  2       vision, pursuant to a modification hearing and a judicial finding of neces-
  3       sity. Such extensions may be made for a maximum period of five years or
  4       the maximum period of the prison sentence that could be imposed,
  5       whichever is longer, inclusive of the original supervision term.
  6           (6) Notwithstanding any other provision of this section, the court,
  7       when ordering a defendant to undergo medroxyprogesterone acetate
  8       treatment or its chemical equivalent pursuant to subsection (e) of K.S.A.
  9       21-4610 and amendments thereto, shall order a length of probation for
10       so long as such treatment and counseling are necessary to provide for the
11       safety of the public. The initial period of probation ordered may be ex-
12       tended upon order of the court, after a hearing in which the defendant
13       has the opportunity to appear and be represented.
14           Sec. 4. 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, except that
27       the Kansas parole board may extend the period of postrelease supervision
28       indefinitely and beyond any period of time ordered by the judge when
29       the board has determined that the person shall undergo chemical treat-
30       ment and counseling as a condition of release as provided in section 1 and
31       amendments thereto and that such treatment is necessary to provide for
32       the safety of the public.
33           (ii) If the sentencing judge departs from the presumptive postrelease
34       supervision period, the judge shall state on the record at the time of
35       sentencing the substantial and compelling reasons for the departure. De-
36       partures in this section are subject to appeal pursuant to K.S.A. 21-4721
37       and amendments thereto.
38           (iii) In determining whether substantial and compelling reasons exist,
39       the court shall consider:
40           (a) Written briefs or oral arguments submitted by either the defend-
41       ant or the state;
42           (b) any evidence received during the proceeding;
43           (c) the presentence report, the victim's impact statement and any

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  1       psychological evaluation as ordered by the court pursuant to subsection
  2       (e) of K.S.A. 21-4714 and amendments thereto; and
  3           (d) any other evidence the court finds trustworthy and reliable.
  4           (iv) The sentencing judge may order that a psychological evaluation
  5       be prepared and the recommended programming be completed by the
  6       offender. The department of corrections or the parole board shall ensure
  7       that court ordered sex offender treatment be carried out.
  8           (v) In carrying out the provisions of subparagraph (d)(1)(C), the court
  9       shall refer to K.S.A. 21-4718 and amendments thereto.
10           (vi) Upon petition, the parole board may provide for early discharge
11       from the postrelease supervision period upon completion of court or-
12       dered programs and completion of the presumptive postrelease super-
13       vision period, as determined by the crime of conviction, pursuant to sub-
14       paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
15       is at the discretion of the parole board.
16           (vii) Persons convicted of crimes deemed sexually violent or sexually
17       motivated, shall be registered according to the habitual sex offender reg-
18       istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
19           (D) The period of postrelease supervision provided in subparagraphs
20       (A) and (B) may be reduced by up to 12 months based on the offender's
21       compliance with conditions of supervision and overall performance while
22       on postrelease supervision. The reduction in the supervision period shall
23       be on an earned basis pursuant to rules and regulations adopted by the
24       secretary of corrections
25           (E) In cases where sentences for crimes from more than one severity
26       level have been imposed, the highest severity level offense will dictate
27       the period of postrelease supervision. Supervision periods will not aggre-
28       gate.
29           (2) As used in this section, ``sexually violent crime'' means:
30           (A) Rape, K.S.A. 21-3502, and amendments thereto;
31           (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
32       thereto;
33           (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
34       amendments thereto;
35           (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
36       and amendments thereto;
37           (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
38       thereto;
39           (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
40       thereto;
41           (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
42       amendments thereto;
43           (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments

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  1       thereto;
  2           (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
  3       thereto;
  4           (J) any conviction for a felony offense in effect at any time prior to
  5       the effective date of this act, that is comparable to a sexually violent crime
  6       as defined in subparagraphs (A) through (I), or any federal or other state
  7       conviction for a felony offense that under the laws of this state would be
  8       a sexually violent crime as defined in this section;
  9           (K) an attempt, conspiracy or criminal solicitation, as defined in
10       K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
11       violent crime as defined in this section; or
12           (L) any act which at the time of sentencing for the offense has been
13       determined beyond a reasonable doubt to have been sexually motivated.
14       As used in this subparagraph, ``sexually motivated'' means that one of the
15       purposes for which the defendant committed the crime was for the pur-
16       pose of the defendant's sexual gratification.
17           (e) If an inmate is sentenced to imprisonment for a crime committed
18       while on parole or conditional release, the inmate shall be eligible for
19       parole as provided by subsection (c), except that the Kansas parole board
20       may postpone the inmate's parole eligibility date by assessing a penalty
21       not exceeding the period of time which could have been assessed if the
22       inmate's parole or conditional release had been violated for reasons other
23       than conviction of a crime.
24           (f) If a person is sentenced to prison for a crime committed on or
25       after July 1, 1993, while on probation, parole, conditional release or in a
26       community corrections program, for a crime committed prior to July 1,
27       1993, and the person is not eligible for retroactive application of the
28       sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
29       4724 and amendments thereto, the new sentence shall not be aggregated
30       with the old sentence, but shall begin when the person is paroled or
31       reaches the conditional release date on the old sentence. If the offender
32       was past the offender's conditional release date at the time the new of-
33       fense was committed, the new sentence shall not be aggregated with the
34       old sentence but shall begin when the person is ordered released by the
35       Kansas parole board or reaches the maximum sentence expiration date
36       on the old sentence, whichever is earlier. The new sentence shall then
37       be served as otherwise provided by law. The period of postrelease su-
38       pervision shall be based on the new sentence, except that those offenders
39       whose old sentence is a term of imprisonment for life, imposed pursuant
40       to [cm on the new sentence, except that those offenders w indeterminate
41       sentence with a maximum term of life imprisonment, for which there is
42       no conditional release or maximum sentence expiration date, shall remain
43       on postrelease supervision for life or until discharged from supervision

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

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

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

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

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  1       These credits may be awarded by the secretary of corrections when an
  2       inmate has acted in a heroic or outstanding manner in coming to the
  3       assistance of another person in a life threatening situation, preventing
  4       injury or death to a person, preventing the destruction of property or
  5       taking actions which result in a financial savings to the state.
  6           Sec. 5. K.S.A. 1997 Supp. 21-4610, 21-4611 and 22-3717 are hereby
  7       repealed.
  8           Sec. 6. This act shall take effect and be in force from and after its
  9       publication in the statute book.
10