As Amended by House Committee
[As Further Amended by Senate Committee of the
Whole]
Session of 2000
SENATE BILL No. 347
By Committee on Federal and State Affairs
3-9
12 AN ACT
concerning criminal procedure; relating to parole and the Kan-
13 sas parole board;
amending K.S.A. 1998 1999 Supp.
22-3707, and 22-
14 3709 and
22-3713 and repealing the existing sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 1998 1999 Supp.
22-3707 is hereby amended to
18 read as follows: 22-3707. (a) On
and after July 1, 1997, (1) Except as
19 otherwise provided by this section,
the Kansas parole board shall consist
20 of four three
members appointed by the governor, subject to confirmation
21 by the senate as provided in K.S.A.
75-4315b and amendments thereto.
22 (2) Except
as provided by K.S.A. 1997
1998 1999 Supp. 46-2601,
and
23 amendments thereto, no person shall
exercise any power, duty or function
24 as a member of the board until confirmed by
the senate.
25 (3) As
determined by the governor, no successor shall be appointed
26 as provided in this section for any
member the office of one of the members
27 of the Kansas parole board whose
term expires on June 30, 1997. On and
28 after July 1, 1997,
term expires on January 15, 1999.
29 (4) No
appointment shall be made that would result in more than
30 two members of the board being members of
the same political party.
31 Except as provided by subsection (b), the
term of office of the members
32 of the board shall be four years and until
their successors are appointed
33 and confirmed. If a vacancy occurs in the
membership of the board before
34 the expiration of the term of office, a
successor shall be appointed for the
35 remainder of the unexpired term in the same
manner that original ap-
36 pointments are made.
37
(5) On and after the effective date of this act,
as the terms of office of
38 members of the Kansas parole
board expire or vacancies occur in the
39 membership of the
board, the governor shall appoint
successors so that
40 all members have a baccalaureate
or higher degree from an accredited
41 college or
university.
42
(6) (5) Each member of the
board shall devote the member's full
43 time to the duties of membership on the
board.
2
1 (b) The
terms of members who are serving on the board on the ef-
2 fective date of this act shall expire
on January 15, of the year in which
3 such member's term would have expired
under the provisions of this
4 section prior to amendment by this
act. Thereafter, members shall be
5 appointed for terms of four years and
until their successors are appointed
6 and confirmed. Each such term of
office shall be deemed to commence on
7 January 15 of the year in which
the member is appointed.
8 (c) The
governor may not remove any member of the Kansas parole
9 board except for disability,
inefficiency, neglect of duty or malfeasance in
10 office. Before removal, the governor shall
give the member a written copy
11 of the charges against the member and shall
fix the time when the mem-
12 ber can be heard at a public hearing, which
shall not be less than 10 days
13 thereafter. Upon removal, the governor
shall file in the office of the sec-
14 retary of state a complete statement of all
charges made against the mem-
15 ber and the findings thereupon, with a
complete record of the
16 proceedings.
17 (d) Upon the
application by the chairperson of the parole board, the
18 governor may appoint a qualified person
as a member pro tem of the
19 Kansas parole board to act in the place
of a member of the Kansas parole
20 board with respect to specified matters
and proceedings before the parole
21 board for good cause shown or in any
case of a conflict of interest or of
22 the absence, sickness or disability of
such member of the parole board.
23 The application for appointment of a
member pro tem under this subsec-
24 tion may be made by the vice-chairperson
of the parole board in case of
25 the absence, sickness or disability of
the chairperson of the parole board.
26 Each person appointed to serve as a
member pro tem of the Kansas parole
27 board shall be a person who is qualified
to fill the position of the member
28 of the parole board for whom such person
is being appointed if such
29 position is vacant. Upon taking the oath
of office, any such member pro
30 tem of the parole board shall have the
full power and authority of a
31 member of the parole board with respect
to those matters and proceedings
32 before such member pro tem. The
appointment of a member pro tem of
33 the Kansas parole board shall be
temporary and shall be effective only for
34 the matters and proceedings specified by
the governor in making such
35 appointment. The appointment of a member
pro tem of the Kansas parole
36 board shall not be subject to
confirmation by the senate. Each member
37 pro tem shall be in the unclassified
service under the Kansas civil service
38 act, shall receive per diem compensation
in an amount prescribed by the
39 governor, subject to the budget
limitations of the Kansas parole board,
40 and shall receive subsistence
allowances, mileage and other expenses as
41 provided in K.S.A. 75-3223 and
amendments thereto.
42 Sec.
2. K.S.A. 1998 1999 Supp.
22-3709 is hereby amended to read
43 as follows: 22-3709. (a)(1) The
chairperson and vice-chairperson of the
3
1 Kansas parole board shall be
designated by the governor. The chairperson
2 of the board shall have the authority
to organize and administer the ac-
3 tivities of the board.
4 (2) On
and after July 1, 1999
2000, the chairperson of the board may
5 designate panels, consisting of
three two members of the board, which
6 shall have the full authority and
power of the board to order the denial,
7 grant or revocation of an inmate's
parole or conditional release, or for
8 crimes committed on or after July 1,
1993, grant parole for off-grid crimes
9 or revocation of postrelease
supervision or to order the revocation of an
10 inmate's conditional release, upon hearing
by one or more members
11 member of the panel.
12 (b) Any decision
of the Kansas parole board granting original parole
13 to an inmate sentenced for a class A or
class B felony or for off-grid crimes
14 committed on or after July 1, 1993, shall
be by unanimous vote of all
15 members of the three-member panel
acting on such parole except that,
16 if two members of such panel vote
to parole the inmate, the full mem-
17 bership of the board shall review
the decision of the panel and may parole
18 such inmate upon the vote of three
members of the board action of the
19 Kansas parole board upon a majority vote
of all members of the board
20 acting on such parole or in the case of
a panel as provided in subsection
21 (a)(2) upon an affirmative vote of both
members of the panel.
22
Sec. 3. K.S.A. 1998 Supp. 22-3713 is
hereby amended to read as fol-
23 lows: 22-3713.
(a) The Kansas
parole board may authorize one or more
24 of its members to conduct
hearings on behalf of the parole board.
25
(b)(1) For any hearing or hearings
which the Kansas parole board is
26 required or authorized to
conduct under K.S.A. 22-3717 through 22-3727
27 and amendments thereto, the
parole board may refer such hearing or
28 hearings to an employee of
the department of corrections, subject to ap-
29 proval by the secretary of
corrections, who shall be designated by the
30 chairperson of the parole
board in accordance with procedures prescribed
31 by rules and regulations
adopted by the parole board, to conduct such
32 hearing or hearings without
the presence of the parole board or any mem-
33 ber thereof. Each such
hearing shall be conducted by the hearing
officer
34 in accordance with procedures
prescribed by rules and regulations
35 adopted by the parole board.
After each such hearing, the hearing officer
36 shall prepare a written
report setting forth information about the
offender
37 who is the subject of the
hearing and shall make a recommendation to the
38 parole
board.
39
(2) After each such hearing, a parole board panel established
under
40 K.S.A. 22-3709 and amendments
thereto shall review the information and
41 recommendation provided by
the hearing officer. The panel shall affirm,
42 modify or reject the
recommendation. If the recommendation is
affirmed,
43 then that recommendation
shall constitute an order of the parole board
4
1 and no further action
shall be required by the parole board. If the
rec-
2 ommendation is
rejected, then a parole board panel established
under
3 K.S.A. 22-3709 and
amendments thereto shall conduct a new hearing.
If
4 the recommendation is
modified, then a parole board panel
established
5 under K.S.A. 22-3709
and amendments thereto shall determine whether
6 the modification is of
a substantive nature requiring a new hearing. If
it
7 is determined that the
modification of the recommendation is of a
sub-
8 stantive nature
requiring a new hearing on the matter, then a parole
board
9 panel established under
K.S.A. 22-3709 and amendments thereto shall
10 conduct the new hearing. If
it is determined that the modification of the
11 recommendation is not of a
substantive nature, then that recommendation
12 as modified by the parole
board panel shall constitute an order of the
13 parole board and no further
action shall be required by the parole board.
14
(3) As used in this section and in K.S.A. 22-3717 and
amendments
15 thereto, ``hearing officer''
means any hearing officer of the department of
16 corrections or any other
qualified employee of the department of
correc-
17 tions designated by the
Kansas parole board for the purposes acting as
a
18 hearing officer for the
Kansas parole board for purposes of conducting
19 hearings under K.S.A. 22-3717
through 22-3727 and amendments thereto.
20
(c) The secretary of corrections
shall provide the Kansas parole board
21 with necessary personnel and
accounting services.
22 Sec. 4.
3. K.S.A. 1998 1999
Supp. 22-3707, and 22-3709
and 22-
23 3713 are hereby
repealed.
24 Sec. 5.
4. This act shall take effect and be in force from and
after its
25 publication in the statute book.