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Session of 2000
          HOUSE BILL No. 2909           By Representative Klein           2-8          

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  9             AN  ACT concerning crimes, punishment and criminal procedure; relat-
10             ing to probation revocation; amending K.S.A. 1999 Supp. 21-4603d
11             and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 21-4603d is hereby amended to read
15       as follows: 21-4603d. (a) Whenever any person has been found guilty of
16       a crime, the court may adjudge any of the following:
17             (1) Commit the defendant to the custody of the secretary of correc-
18       tions if the current crime of conviction is a felony and the sentence pre-
19       sumes imprisonment, or the sentence imposed is a dispositional departure
20       to imprisonment; or, if confinement is for a misdemeanor, to jail for the
21       term provided by law;
22             (2) impose the fine applicable to the offense;
23             (3) release the defendant on probation if the current crime of con-
24       viction and criminal history fall within a presumptive nonprison category
25       or through a departure for substantial and compelling reasons subject to
26       such conditions as the court may deem appropriate. In felony cases except
27       for violations of K.S.A. 8-1567 and amendments thereto, the court may
28       include confinement in a county jail not to exceed 30 days, which need
29       not be served consecutively, as a condition of probation or community
30       corrections placement;
31             (4) assign the defendant to a community correctional services pro-
32       gram in presumptive nonprison cases or through a departure for substan-
33       tial and compelling reasons subject to such conditions as the court may
34       deem appropriate, including orders requiring full or partial restitution;
35             (5) assign the defendant to a conservation camp for a period not to
36       exceed six months as a condition of probation followed by a six-month
37       period of follow-up through adult intensive supervision by a community
38       correctional services program, if the offender successfully completes the
39       conservation camp program;
40             (6) assign the defendant to a house arrest program pursuant to K.S.A.
41       21-4603b and amendments thereto;
42             (7) order the defendant to attend and satisfactorily complete an al-
43       cohol or drug education or training program as provided by subsection

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  1       (3) of K.S.A. 21-4502 and amendments thereto;
  2             (8) order the defendant to repay the amount of any reward paid by
  3       any crime stoppers chapter, individual, corporation or public entity which
  4       materially aided in the apprehension or conviction of the defendant; repay
  5       the amount of any costs and expenses incurred by any law enforcement
  6       agency in the apprehension of the defendant, if one of the current crimes
  7       of conviction of the defendant includes escape, as defined in K.S.A. 21-
  8       3809 and amendments thereto or aggravated escape, as defined in K.S.A.
  9       21-3810 and amendments thereto; or repay the amount of any public
10       funds utilized by a law enforcement agency to purchase controlled sub-
11       stances from the defendant during the investigation which leads to the
12       defendant's conviction. Such repayment of the amount of any such costs
13       and expenses incurred by a law enforcement agency or any public funds
14       utilized by a law enforcement agency shall be deposited and credited to
15       the same fund from which the public funds were credited to prior to use
16       by the law enforcement agency;
17             (9) order the defendant to pay the administrative fee authorized by
18       K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived by
19       the court;
20             (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
21       (7), (8) and (9); or
22             (11) suspend imposition of sentence in misdemeanor cases.
23             In addition to or in lieu of any of the above, the court shall order the
24       defendant to pay restitution, which shall include, but not be limited to,
25       damage or loss caused by the defendant's crime, unless the court finds
26       compelling circumstances which would render a plan of restitution un-
27       workable. If the court finds a plan of restitution unworkable, the court
28       shall state on the record in detail the reasons therefor.
29             If the court orders restitution, the restitution shall be a judgment
30       against the defendant which may be collected by the court by garnishment
31       or other execution as on judgments in civil cases. If, after 60 days from
32       the date restitution is ordered by the court, a defendant is found to be in
33       noncompliance with the plan established by the court for payment of
34       restitution, and the victim to whom restitution is ordered paid has not
35       initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
36       amendments thereto, the court shall assign an agent procured by the
37       attorney general pursuant to K.S.A. 75-719 and amendments thereto to
38       collect the restitution on behalf of the victim. The administrative judge
39       of each judicial district may assign such cases to an appropriate division
40       of the court for the conduct of civil collection proceedings.
41             In addition to or in lieu of any of the above, the court shall order the
42       defendant to submit to and complete an alcohol and drug evaluation, and
43       pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502

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

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  1       tencing guideline grid, prior to sentencing a defendant to incarceration
  2       whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
  3       guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H,
  4       3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes, or prior
  5       to revocation of a nonprison sanction of a defendant whose offense is
  6       classified in the presumptive nonprison grid block of either sentencing
  7       guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
  8       grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
  9       4-F of the sentencing guidelines grid for drug crimes, the court shall
10       consider placement of the defendant in the Labette correctional conser-
11       vation camp, conservation camps established by the secretary of correc-
12       tions pursuant to K.S.A. 75-52,127, and amendment thereto or a com-
13       munity intermediate sanction center. Pursuant to this paragraph the
14       defendant shall not be sentenced to imprisonment if space is available in
15       a conservation camp or a community intermediate sanction center and
16       the defendant meets all of the conservation camp's or a community in-
17       termediate sanction center's placement criteria unless the court states on
18       the record the reasons for not placing the defendant in a conservation
19       camp or a community intermediate sanction center.
20             The court in committing a defendant to the custody of the secretary of
21       corrections shall fix a term of confinement within the limits provided by
22       law. In those cases where the law does not fix a term of confinement for
23       the crime for which the defendant was convicted, the court shall fix the
24       term of such confinement.
25             In addition to any of the above, the court shall order the defendant to
26       reimburse the state general fund for all or a part of the expenditures by
27       the state board of indigents' defense services to provide counsel and other
28       defense services to the defendant. In determining the amount and
29       method of payment of such sum, the court shall take account of the
30       financial resources of the defendant and the nature of the burden that
31       payment of such sum will impose. A defendant who has been required
32       to pay such sum and who is not willfully in default in the payment thereof
33       may at any time petition the court which sentenced the defendant to
34       waive payment of such sum or any unpaid portion thereof. If it appears
35       to the satisfaction of the court that payment of the amount due will im-
36       pose manifest hardship on the defendant or the defendant's immediate
37       family, the court may waive payment of all or part of the amount due or
38       modify the method of payment. The amount of attorney fees to be in-
39       cluded in the court order for reimbursement shall be the amount claimed
40       by appointed counsel on the payment voucher for indigents' defense serv-
41       ices or the amount prescribed by the board of indigents' defense services
42       reimbursement tables as provided in K.S.A. 22-4522, and amendments
43       thereto, whichever is less.

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  1             (b) Dispositions which do not involve commitment to the custody of
  2       the secretary of corrections shall not entail the loss by the defendant of
  3       any civil rights. Placement of offenders in a conservation camp established
  4       by the secretary of corrections pursuant to K.S.A. 75-52,127, and amend-
  5       ments thereto, as a nonimprisonment disposition shall not entail the loss
  6       by the defendant of any civil rights.
  7             (c) This section shall not deprive the court of any authority conferred
  8       by any other Kansas statute to decree a forfeiture of property, suspend
  9       or cancel a license, remove a person from office, or impose any other civil
10       penalty as a result of conviction of crime.
11             (d) An application for or acceptance of probation or assignment to a
12       community correctional services program shall not constitute an acqui-
13       escence in the judgment for purpose of appeal, and any convicted person
14       may appeal from such conviction, as provided by law, without regard to
15       whether such person has applied for probation, suspended sentence or
16       assignment to a community correctional services program.
17             (e) The secretary of corrections is authorized to make direct place-
18       ment to the Labette correctional conservation camp or a conservation
19       camp established by the secretary pursuant to K.S.A. 75-52,127, and
20       amendments thereto, of an inmate sentenced to the secretary's custody
21       if the inmate: (1) Has been sentenced to the secretary for a probation
22       revocation, as a departure from the presumptive nonimprisonment grid
23       block of either sentencing grid, or for an offense which is classified in
24       grid blocks 5-H, 5-I, or 6-G of the sentencing guidelines grid for nondrug
25       crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of the sen-
26       tencing guidelines grid for drug crimes; and (2) otherwise meets admis-
27       sion criteria of the camp. If the inmate successfully completes the six-
28       month conservation camp program, the secretary of corrections shall
29       report such completion to the sentencing court and the county or district
30       attorney. The inmate shall then be assigned by the court to six months of
31       follow-up supervision conducted by the appropriate community correc-
32       tions services program. The court may also order that supervision con-
33       tinue thereafter for the length of time authorized by K.S.A. 21-4611 and
34       amendments thereto.
35             (f) When it is provided by law that a person shall be sentenced pur-
36       suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
37       this section shall not apply.
38             (g)  (1) In those cases in which the court revokes an order of proba-
39       tion, assignment to community corrections, or other conditional release
40       due to a technical violation of the terms and condition of such order of
41       probation, assignment to community corrections, or conditional release,
42       and the court orders the offender committed to the custody of the secre-
43       tary of corrections to serve the offender's underlying sentence, the court

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  1       shall retain jurisdiction for up to 90 days to modify the sentence or the
  2       order of revocation and shall reinstate probation, assignment to commu-
  3       nity corrections, or conditional release according to the orders' original
  4       terms and conditions or with additional terms and conditions, unless the
  5       court finds that the safety of members of the public will be jeopardized
  6       or that the welfare of the inmate will not be served by such modification
  7       or reinstatement.
  8             (2) If the offender is reinstated on probation, assignment to commu-
  9       nity corrections, or conditional release pursuant to paragraph (1), and
10       the offender on a second occurrence violates the terms and condition of
11       such reinstated probation, assignment to community corrections, or con-
12       ditional release, the court may order the offender committed to the cus-
13       tody of the secretary of corrections to serve the offenders underlying
14       sentence.
15             (3) In making this determination, the court shall consider and review
16       reports and recommendations of the secretary of corrections. 
17       Sec.  2. K.S.A. 1999 Supp. 21-4603d is hereby repealed.
18        Sec.  3. This act shall take effect and be in force from and after its
19       publication in the statute book.