As Amended by Senate Committee

Session of 2000
Substitute for HOUSE BILL No. 2683 By Committee on Judiciary 2-22

10 AN ACT concerning crimes, criminal procedure and punishment; re-
11 lating to the collection and reporting of certain statistics ~~relating to~~
12 ~~race, ethnicity and gender for~~ involving law enforcement activities;
13 probation and suspension of sentence, jail confinement; condi-
14 tional violators, dispositions; postrelease supervision; placement
15 of inmates; revocation of nonprison sanction for certain offend-
16 ers; amending K.S.A. 21-4602, 21-4709, 22-3716 and 75-52,129
17 and K.S.A. 1999 Supp. 21-4603, 21-4603d, 21-4610, 21-4611, 21-
18 4704, 21-4705, 21-4720 and 22-3717 and repealing the existing
19 sections.
20
21 Be it enacted by the Legislature of the State of Kansas:
22 New Section 1. (a) The governor, with the assistance of the attorney
23 general and the Kansas law enforcement training commission, shall de-
24 velop a request for a proposal for a system to collect and report statistics
25 relating to the race, ethnicity ~~and~~, gender, age and residency by county
26 and state of those who come in contact with law enforcement activities.
27 (b) Proposals submitted pursuant to the request shall contain, at a
28 minimum:
29 (1) A system to collect data on a statistically significant sample of
30 those persons who:
31 (A) Are arrested;
32 (B) while operating a motor vehicle, are stopped by a law enforce-
33 ment officer; and
34 (C) while a pedestrian, are stopped by a law enforcement officer;
35 (2) which contains the race, ethnicity ~~and~~, gender, age and resi-
36 dency by county and state of such persons;
37 (3) which has a schedule and plan of implementation, including
38 training;
39 (4) other factors which may be relevant to law enforcement officers
40 in stopping or arresting individuals;
41 (5) civilian complaints received by law enforcement agencies alleging
42 bias based on race, ethnicity or, gender, age or residency by county or
43 state; and

2
1 (6) a survey of policies of law enforcement agencies relating to the
2 investigation of complaints based on alleged race, ethnicity or, gender,
3 age or residency bias.
4 (c) Data acquired pursuant to this proposal shall not contain any in-
5 formation that may reveal the identity of any individual.
6 ~~Sec. 2.~~ (d) The governor, with the assistance of the attorney general,
7 shall select the most comprehensive proposal and implement such pro-
8 posal, subject to the availability of any grant or grants for such purpose
9 from the United States department of justice or any other governmental
10 or private agency.
11 ~~Sec. 3.~~ (e) The results of such study shall be submitted to the gov-
12 ernor and attorney general within 90 days after conclusion of such study.
13 The governor shall submit the study to the legislature with one or more
14 of the following:
15 ~~(a)~~ (1) An evaluation of the study;
16 ~~(b)~~ (2) an implementation plan to expand the data collection and
17 reporting system to other law enforcement agencies and whether such
18 system should be made permanent; and
19 ~~(c)~~ (3) recommendations to improve law enforcement training and
20 operations to address racial, ethnic or, gender, age or residency bias.
21 (f) The provisions of this section shall be effective on and after
22 July 1, 2000.
23 Sec. 2. On and after July 1, 2000, K.S.A. 21-4602 is hereby
24 amended to read as follows: 21-4602. As used in K.S.A. 21-4601
25 through 21-4621, and amendments thereto:
26 (a) ``Court'' means any court having jurisdiction and power to
27 sentence offenders for violations of the laws of this state.
28 (b) ``Suspension of sentence'' means a procedure under which a
29 defendant, found guilty of a crime, upon verdict or plea, is released
30 by the court without imposition of sentence. The release may be
31 with or without supervision in the discretion of the court. In felony
32 cases, the court may include confinement in a county jail not to
33 exceed 30 120 days, which need not be served consecutively, as a
34 condition of suspension of sentence pursuant to subsection (b)(4) of
35 K.S.A. 21-4603 and amendments thereto.
36 (c) ``Probation'' means a procedure under which a defendant,
37 found guilty of a crime upon verdict or plea, is released by the court
38 after imposition of sentence, without imprisonment except as pro-
39 vided in felony cases, subject to conditions imposed by the court
40 and subject to the supervision of the probation service of the court
41 or community corrections. In felony cases, the court may include
42 confinement in a county jail not to exceed 30 120 days, which need
43 not be served consecutively, as a condition of probation pursuant

3
1 to subsection (b)(3) of K.S.A. 21-4603 and amendments thereto.
2 (d) ``Parole'' means the release of a prisoner to the community
3 by the Kansas parole board prior to the expiration of such prisoner's
4 term, subject to conditions imposed by the board and to the secre-
5 tary of correction's supervision. Parole also means the release by a
6 court of competent jurisdiction of a person confined in the county
7 jail or other local place of detention after conviction and prior to
8 expiration of such person's term, subject to conditions imposed by
9 the court and its supervision. Where a court or other authority has
10 filed a warrant against the prisoner, the Kansas parole board or
11 paroling court may release the prisoner on parole to answer the
12 warrant of such court or authority.
13 (e) ``Correctional institution'' means the Lansing correctional
14 facility, Hutchinson correctional facility, Topeka correctional fa-
15 cility, Norton correctional facility, Ellsworth correctional facility,
16 Winfield correctional facility, Osawatomie correctional facility,
17 Larned correctional mental health facility, Toronto correctional
18 work facility, Stockton correctional facility, Wichita work release
19 facility, El Dorado correctional facility, and any other correctional
20 institution established by the state for the confinement of offenders,
21 and under control of the secretary of corrections.
22 (f) ``Community correctional services program'' means a pro-
23 gram which operates under the community corrections act and to
24 which a defendant is assigned for supervision, confinement, deten-
25 tion, care or treatment, subject to conditions imposed by the court.
26 A defendant assigned to a community correctional services program
27 shall be subject to the continuing jurisdiction of the court and in
28 no event shall be considered to be in the custody of or under the
29 supervision of the secretary of corrections.
30 (g) ``Postrelease supervision,'' for crimes committed on or after
31 July 1, 1993, means the same as provided in K.S.A. 21-4703 and
32 amendments thereto.
33 Sec. 3. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4603
34 is hereby amended to read as follows: 21-4603. (a) Whenever any
35 person has been found guilty of a crime and the court finds that an
36 adequate presentence investigation cannot be conducted by re-
37 sources available within the judicial district, including mental
38 health centers and mental health clinics, the court may require that
39 a presentence investigation be conducted by the Topeka correc-
40 tional facility or by the state security hospital. If the offender is sent
41 to the Topeka correctional facility or the state security hospital for
42 a presentence investigation under this section, the correctional fa-
43 cility or hospital may keep the offender confined for a maximum of

4
1 60 days, except that an inmate may be held for a longer period of
2 time on order of the secretary, or until the court calls for the return
3 of the offender. While held at the Topeka correctional facility or
4 the state security hospital the defendant may be treated the same
5 as any person committed to the secretary of corrections or secretary
6 of social and rehabilitation services for purposes of maintaining
7 security and control, discipline, and emergency medical or psychi-
8 atric treatment, and general population management except that no
9 such person shall be transferred out of the state or to a federal
10 institution or to any other location unless the transfer is between
11 the correctional facility and the state security hospital. The correc-
12 tional facility or the state security hospital shall compile a complete
13 mental and physical evaluation of such offender and shall make its
14 findings and recommendations known to the court in the present-
15 ence report.
16 (b) Except as provided in subsection (c), whenever any person
17 has been found guilty of a crime, the court may adjudge any of the
18 following:
19 (1) Commit the defendant to the custody of the secretary of cor-
20 rections or, if confinement is for a term less than one year, to jail
21 for the term provided by law;
22 (2) impose the fine applicable to the offense;
23 (3) release the defendant on probation subject to such condi-
24 tions as the court may deem appropriate, including orders requiring
25 full or partial restitution. In felony cases, the court may include
26 confinement in a county jail not to exceed 30 120 days, which need
27 not be served consecutively, as a condition of probation;
28 (4) suspend the imposition of the sentence subject to such con-
29 ditions as the court may deem appropriate, including orders re-
30 quiring full or partial restitution. In felony cases, the court may
31 include confinement in a county jail not to exceed 30 120 days,
32 which need not be served consecutively, as a condition of suspension
33 of sentence;
34 (5) assign the defendant to a community correctional services
35 program subject to such conditions as the court may deem appro-
36 priate, including orders requiring full or partial restitution;
37 (6) assign the defendant to a conservation camp for a period not
38 to exceed six months;
39 (7) assign the defendant to a house arrest program pursuant to
40 K.S.A. 21-4603b and amendments thereto;
41 (8) order the defendant to attend and satisfactorily complete an
42 alcohol or drug education or training program as provided by sub-
43 section (3) of K.S.A. 21-4502 and amendments thereto;

5
1 (9) order the defendant to pay the administrative fee authorized
2 by K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived
3 by the court; or
4 (10) impose any appropriate combination of subsections (b)(1)
5 through (b)(9).
6 In addition to or in lieu of any of the above, the court shall order
7 the defendant to submit to and complete an alcohol and drug eval-
8 uation, and pay a fee therefor, when required by subsection (4) of
9 K.S.A. 21-4502 and amendments thereto.
10 In addition to any of the above, the court shall order the defend-
11 ant to reimburse the state general fund for all or a part of the ex-
12 penditures by the state board of indigents' defense services to pro-
13 vide counsel and other defense services to the defendant. In
14 determining the amount and method of payment of such sum, the
15 court shall take account of the financial resources of the defendant
16 and the nature of the burden that payment of such sum will impose.
17 A defendant who has been required to pay such sum and who is not
18 willfully in default in the payment thereof may at any time petition
19 the court which sentenced the defendant to waive payment of such
20 sum or any unpaid portion thereof. If it appears to the satisfaction
21 of the court that payment of the amount due will impose manifest
22 hardship on the defendant or the defendant's immediate family, the
23 court may waive payment of all or part of the amount due or modify
24 the method of payment. The amount of attorney fees to be included
25 in the court order for reimbursement shall be the amount claimed
26 by appointed counsel on the payment voucher for indigents' defense
27 services or the amount prescribed by the board of indigents' defense
28 services reimbursement tables as provided in K.S.A. 22-4522, and
29 amendments thereto, whichever is less.
30 In imposing a fine the court may authorize the payment thereof
31 in installments. In releasing a defendant on probation, the court
32 shall direct that the defendant be under the supervision of a court
33 services officer. If the court commits the defendant to the custody
34 of the secretary of corrections or to jail, the court may specify in
35 its order the amount of restitution to be paid and the person to
36 whom it shall be paid if restitution is later ordered as a condition
37 of parole or conditional release.
38 The court in committing a defendant to the custody of the secre-
39 tary of corrections shall fix a maximum term of confinement within
40 the limits provided by law. In those cases where the law does not
41 fix a maximum term of confinement for the crime for which the
42 defendant was convicted, the court shall fix the maximum term of
43 such confinement. In all cases where the defendant is committed to

6
1 the custody of the secretary of corrections, the court shall fix the
2 minimum term within the limits provided by law.
3 (c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112,
4 prior to its repeal, has been found guilty of a class A or B felony,
5 the court shall commit the defendant to the custody of the secretary
6 of corrections and may impose the fine applicable to the offense.
7 (d) (1) Except when an appeal is taken and determined ad-
8 versely to the defendant as provided in subsection (d)(2), at any
9 time within 120 days after a sentence is imposed, after probation
10 or assignment to a community correctional services program has
11 been revoked, the court may modify such sentence, revocation of
12 probation or assignment to a community correctional services pro-
13 gram by directing that a less severe penalty be imposed in lieu of
14 that originally adjudged within statutory limits and shall modify
15 such sentence if recommended by the Topeka correctional facility
16 unless the court finds and sets forth with particularity the reasons
17 for finding that the safety of members of the public will be jeopard-
18 ized or that the welfare of the inmate will not be served by such
19 modification.
20 (2) If an appeal is taken and determined adversely to the de-
21 fendant, such sentence may be modified within 120 days after the
22 receipt by the clerk of the district court of the mandate from the
23 supreme court or court of appeals.
24 (e) The court shall modify the sentence at any time before the
25 expiration thereof when such modification is recommended by the
26 secretary of corrections unless the court finds and sets forth with
27 particularity the reasons for finding that the safety of members of
28 the public will be jeopardized or that the welfare of the inmate will
29 not be served by such modification. The court shall have the power
30 to impose a less severe penalty upon the inmate, including the power
31 to reduce the minimum below the statutory limit on the minimum
32 term prescribed for the crime of which the inmate has been con-
33 victed. The recommendation of the secretary of corrections, the
34 hearing on the recommendation and the order of modification shall
35 be made in open court. Notice of the recommendation of modifica-
36 tion of sentence and the time and place of the hearing thereon shall
37 be given by the inmate, or by the inmate's legal counsel, at least 21
38 days prior to the hearing to the county or district attorney of the
39 county where the inmate was convicted. After receipt of such notice
40 and at least 14 days prior to the hearing, the county or district
41 attorney shall give notice of the recommendation of modification of
42 sentence and the time and place of the hearing thereon to any victim
43 of the inmate's crime who is alive and whose address is known to

7
1 the county or district attorney or, if the victim is deceased, to the
2 victim's next of kin if the next of kin's address is known to the county
3 or district attorney. Proof of service of each notice required to be
4 given by this subsection shall be filed with the court.
5 (f) After such defendant has been assigned to a conservation
6 camp but prior to the end of 180 days, the chief administrator of
7 such camp shall file a performance report and recommendations
8 with the court. The court shall enter an order based on such report
9 and recommendations modifying the sentence, if appropriate, by
10 sentencing the defendant to any of the authorized dispositions pro-
11 vided in subsection (b), except to reassign such person to a conser-
12 vation camp as provided in subsection (b)(6).
13 (g) Dispositions which do not involve commitment to the cus-
14 tody of the secretary of corrections and commitments which are
15 revoked within 120 days shall not entail the loss by the defendant
16 of any civil rights. Placement of offenders pursuant to subsection
17 (b)(6) in a conservation camp established by the secretary of cor-
18 rections shall not entail the loss by the defendant of any civil rights.
19 (h) This section shall not deprive the court of any authority con-
20 ferred by any other Kansas statute to decree a forfeiture of prop-
21 erty, suspend or cancel a license, remove a person from office, or
22 impose any other civil penalty as a result of conviction of crime.
23 (i) An application for or acceptance of probation, suspended
24 sentence or assignment to a community correctional services pro-
25 gram shall not constitute an acquiescence in the judgment for pur-
26 pose of appeal, and any convicted person may appeal from such
27 conviction, as provided by law, without regard to whether such per-
28 son has applied for probation, suspended sentence or assignment to
29 a community correctional services program.
30 (j) When it is provided by law that a person shall be sentenced
31 pursuant to K.S.A. 21-4628, and amendments thereto, the provisions
32 of this section shall not apply.
33 (k) The provisions of this section shall apply to crimes commit-
34 ted before July 1, 1993.
35 Sec. 4. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4603d
36 is hereby amended to read as follows: 21-4603d. (a) Whenever any
37 person has been found guilty of a crime, the court may adjudge any
38 of the following:
39 (1) Commit the defendant to the custody of the secretary of cor-
40 rections if the current crime of conviction is a felony and the sen-
41 tence presumes imprisonment, or the sentence imposed is a dispos-
42 itional departure to imprisonment; or, if confinement is for a
43 misdemeanor, to jail for the term provided by law;

8
1 (2) impose the fine applicable to the offense;
2 (3) release the defendant on probation if the current crime of
3 conviction and criminal history fall within a presumptive nonprison
4 category or through a departure for substantial and compelling rea-
5 sons subject to such conditions as the court may deem appropriate.
6 In felony cases except for violations of K.S.A. 8-1567 and amend-
7 ments thereto, the court may include confinement in a county jail
8 not to exceed 30 120 days, which need not be served consecutively,
9 as a condition of probation or community corrections placement;
10 (4) assign the defendant to a community correctional services
11 program in presumptive nonprison cases or through a departure for
12 substantial and compelling reasons subject to such conditions as
13 the court may deem appropriate, including orders requiring full or
14 partial restitution;
15 (5) assign the defendant to a conservation camp for a period not
16 to exceed six months as a condition of probation followed by a six-
17 month period of follow-up through adult intensive supervision by a
18 community correctional services program, if the offender success-
19 fully completes the conservation camp program;
20 (6) assign the defendant to a house arrest program pursuant to
21 K.S.A. 21-4603b and amendments thereto;
22 (7) order the defendant to attend and satisfactorily complete an
23 alcohol or drug education or training program as provided by sub-
24 section (3) of K.S.A. 21-4502 and amendments thereto;
25 (8) order the defendant to repay the amount of any reward paid
26 by any crime stoppers chapter, individual, corporation or public
27 entity which materially aided in the apprehension or conviction of
28 the defendant; repay the amount of any costs and expenses incurred
29 by any law enforcement agency in the apprehension of the defend-
30 ant, if one of the current crimes of conviction of the defendant in-
31 cludes escape, as defined in K.S.A. 21-3809 and amendments thereto
32 or aggravated escape, as defined in K.S.A. 21-3810 and amendments
33 thereto; or repay the amount of any public funds utilized by a law
34 enforcement agency to purchase controlled substances from the de-
35 fendant during the investigation which leads to the defendant's con-
36 viction. Such repayment of the amount of any such costs and ex-
37 penses incurred by a law enforcement agency or any public funds
38 utilized by a law enforcement agency shall be deposited and cred-
39 ited to the same fund from which the public funds were credited to
40 prior to use by the law enforcement agency;
41 (9) order the defendant to pay the administrative fee authorized
42 by K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless
43 waived by the court;

9
1 (10) impose any appropriate combination of (1), (2), (3), (4),
2 (5), (6), (7), (8) and (9); or
3 (11) suspend imposition of sentence in misdemeanor cases.
4 In addition to or in lieu of any of the above, the court shall order
5 the defendant to pay restitution, which shall include, but not be
6 limited to, damage or loss caused by the defendant's crime, unless
7 the court finds compelling circumstances which would render a plan
8 of restitution unworkable. If the court finds a plan of restitution
9 unworkable, the court shall state on the record in detail the reasons
10 therefor.
11 If the court orders restitution, the restitution shall be a judgment
12 against the defendant which may be collected by the court by gar-
13 nishment or other execution as on judgments in civil cases. If, after
14 60 days from the date restitution is ordered by the court, a defend-
15 ant is found to be in noncompliance with the plan established by
16 the court for payment of restitution, and the victim to whom resti-
17 tution is ordered paid has not initiated proceedings in accordance
18 with K.S.A. 60-4301 et seq. and amendments thereto, the court shall
19 assign an agent procured by the attorney general pursuant to K.S.A.
20 75-719 and amendments thereto to collect the restitution on behalf
21 of the victim. The administrative judge of each judicial district may
22 assign such cases to an appropriate division of the court for the
23 conduct of civil collection proceedings.
24 In addition to or in lieu of any of the above, the court shall order
25 the defendant to submit to and complete an alcohol and drug eval-
26 uation, and pay a fee therefor, when required by subsection (4) of
27 K.S.A. 21-4502 and amendments thereto.
28 In addition to any of the above, the court shall order the defend-
29 ant to reimburse the county general fund for all or a part of the
30 expenditures by the county to provide counsel and other defense
31 services to the defendant. Any such reimbursement to the county
32 shall be paid only after any order for restitution has been paid in
33 full. In determining the amount and method of payment of such sum,
34 the court shall take account of the financial resources of the de-
35 fendant and the nature of the burden that payment of such sum will
36 impose. A defendant who has been required to pay such sum and
37 who is not willfully in default in the payment thereof may at any
38 time petition the court which sentenced the defendant to waive pay-
39 ment of such sum or any unpaid portion thereof. If it appears to the
40 satisfaction of the court that payment of the amount due will impose
41 manifest hardship on the defendant or the defendant's immediate
42 family, the court may waive payment of all or part of the amount
43 due or modify the method of payment.

10
1 In imposing a fine the court may authorize the payment thereof
2 in installments. In releasing a defendant on probation, the court
3 shall direct that the defendant be under the supervision of a court
4 services officer. If the court commits the defendant to the custody
5 of the secretary of corrections or to jail, the court may specify in
6 its order the amount of restitution to be paid and the person to
7 whom it shall be paid if restitution is later ordered as a condition
8 of parole or conditional release.
9 When a new felony is committed while the offender is incarcer-
10 ated and serving a sentence for a felony or while the offender is on
11 probation, assignment to a community correctional services pro-
12 gram, parole, conditional release, or postrelease supervision for a
13 felony, a new sentence shall be imposed pursuant to the consecutive
14 sentencing requirements of K.S.A. 21-4608, and amendments
15 thereto, and the court may sentence the offender to imprisonment
16 for the new conviction, even when the new crime of conviction oth-
17 erwise presumes a nonprison sentence. In this event, imposition of
18 a prison sentence for the new crime does not constitute a departure.
19 When a new felony is committed while the offender is on release for
20 a felony pursuant to the provisions of article 28 of chapter 22 of the
21 Kansas Statutes Annotated, a new sentence may be imposed pur-
22 suant to the consecutive sentencing requirements of K.S.A. 21-4608
23 and amendments thereto, and the court may sentence the offender
24 to imprisonment for the new conviction, even when the new crime
25 of conviction otherwise presumes a nonprison sentence. In this
26 event, imposition of a prison sentence for the new crime does not
27 constitute a departure.
28 Prior to imposing a dispositional departure for a defendant whose
29 offense is classified in the presumptive nonprison grid block of ei-
30 ther sentencing guideline grid, prior to sentencing a defendant to
31 incarceration whose offense is classified in grid blocks 5-H~~, 5-I~~ or
32 6-G of the sentencing guidelines grid for nondrug crimes or in grid
33 blocks 3-E, 3-F, 3-G, 3-H, ~~3-I,~~ 4-E or 4-F of the sentencing guidelines
34 grid for drug crimes, or prior to revocation of a nonprison sanction
35 of a defendant whose offense is classified in the presumptive non-
36 prison grid block of either sentencing guideline grid or grid blocks
37 5-H~~, 5-I~~ or 6-G of the sentencing guidelines grid for nondrug crimes
38 or in grid blocks 3-E, 3-F, 3-G, 3-H, ~~3-I,~~ 4-E or 4-F of the sentencing
39 guidelines grid for drug crimes, the court shall consider placement
40 of the defendant in the Labette correctional conservation camp,
41 conservation camps established by the secretary of corrections pur-
42 suant to K.S.A. 75-52,127, and amendment thereto or a community
43 intermediate sanction center. Pursuant to this paragraph the de-

11
1 fendant shall not be sentenced to imprisonment if space is available
2 in a conservation camp or a community intermediate sanction cen-
3 ter and the defendant meets all of the conservation camp's or a
4 community intermediate sanction center's placement criteria unless
5 the court states on the record the reasons for not placing the de-
6 fendant in a conservation camp or a community intermediate sanc-
7 tion center.
8 The court in committing a defendant to the custody of the secre-
9 tary of corrections shall fix a term of confinement within the limits
10 provided by law. In those cases where the law does not fix a term
11 of confinement for the crime for which the defendant was convicted,
12 the court shall fix the term of such confinement.
13 In addition to any of the above, the court shall order the defend-
14 ant to reimburse the state general fund for all or a part of the ex-
15 penditures by the state board of indigents' defense services to pro-
16 vide counsel and other defense services to the defendant. In
17 determining the amount and method of payment of such sum, the
18 court shall take account of the financial resources of the defendant
19 and the nature of the burden that payment of such sum will impose.
20 A defendant who has been required to pay such sum and who is not
21 willfully in default in the payment thereof may at any time petition
22 the court which sentenced the defendant to waive payment of such
23 sum or any unpaid portion thereof. If it appears to the satisfaction
24 of the court that payment of the amount due will impose manifest
25 hardship on the defendant or the defendant's immediate family, the
26 court may waive payment of all or part of the amount due or modify
27 the method of payment. The amount of attorney fees to be included
28 in the court order for reimbursement shall be the amount claimed
29 by appointed counsel on the payment voucher for indigents' defense
30 services or the amount prescribed by the board of indigents' defense
31 services reimbursement tables as provided in K.S.A. 22-4522, and
32 amendments thereto, whichever is less.
33 (b) Dispositions which do not involve commitment to the cus-
34 tody of the secretary of corrections shall not entail the loss by the
35 defendant of any civil rights. Placement of offenders in a conser-
36 vation camp established by the secretary of corrections pursuant to
37 K.S.A. 75-52,127, and amendments thereto, as a nonimprisonment
38 disposition shall not entail the loss by the defendant of any civil
39 rights.
40 (c) This section shall not deprive the court of any authority con-
41 ferred by any other Kansas statute to decree a forfeiture of prop-
42 erty, suspend or cancel a license, remove a person from office, or
43 impose any other civil penalty as a result of conviction of crime.

12
1 (d) An application for or acceptance of probation or assignment
2 to a community correctional services program shall not constitute
3 an acquiescence in the judgment for purpose of appeal, and any
4 convicted person may appeal from such conviction, as provided by
5 law, without regard to whether such person has applied for pro-
6 bation, suspended sentence or assignment to a community correc-
7 tional services program.
8 (e) The secretary of corrections is authorized to make direct
9 placement to the Labette correctional conservation camp or a con-
10 servation camp established by the secretary pursuant to K.S.A. 75-
11 52,127, and amendments thereto, of an inmate sentenced to the sec-
12 retary's custody if the inmate: (1) Has been sentenced to the
13 secretary for a probation revocation, as a departure from the pre-
14 sumptive nonimprisonment grid block of either sentencing grid, or
15 for an offense which is classified in grid blocks 5-H~~, 5-I,~~ or 6-G of
16 the sentencing guidelines grid for nondrug crimes or in grid blocks
17 3-E, 3-F, 3-G, 3-H, ~~3-I,~~, 4-E, or 4-F of the sentencing guidelines grid
18 for drug crimes; and (2) otherwise meets admission criteria of the
19 camp. If the inmate successfully completes ~~the six-month~~ a conser-
20 vation camp program, the secretary of corrections shall report such
21 completion to the sentencing court and the county or district attor-
22 ney. The inmate shall then be assigned by the court to six months
23 of follow-up supervision conducted by the appropriate community
24 corrections services program. The court may also order that super-
25 vision continue thereafter for the length of time authorized by
26 K.S.A. 21-4611 and amendments thereto.
27 (f) When it is provided by law that a person shall be sentenced
28 pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the pro-
29 visions of this section shall not apply.
30 Sec. 5. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4610
31 is hereby amended to read as follows: 21-4610. (a) Except as re-
32 quired by subsection (d), nothing in this section shall be construed
33 to limit the authority of the court to impose or modify any general
34 or specific conditions of probation, suspension of sentence or as-
35 signment to a community correctional services program, except that
36 the court shall condition any order granting probation, suspension
37 of sentence or assignment to a community correctional services pro-
38 gram on the defendant's obedience of the laws of the United States,
39 the state of Kansas and any other jurisdiction to the laws of which
40 the defendant may be subject.
41 (b) The court services officer or community correctional serv-
42 ices officer may recommend, and the court may order, the imposi-
43 tion of any conditions of probation, suspension of sentence or as-

13
1 signment to a community correctional services program. For crimes
2 committed on or after July 1, 1993, in presumptive nonprison cases,
3 the court services officer or community correctional services officer
4 may recommend, and the court may order, the imposition of any
5 conditions of probation or assignment to a community correctional
6 services program. The court may at any time order the modification
7 of such conditions, after notice to the court services officer or com-
8 munity correctional services officer and an opportunity for such
9 officer to be heard thereon. The court shall cause a copy of any
10 such order to be delivered to the court services officer and the pro-
11 bationer or to the community correctional services officer and the
12 community corrections participant, as the case may be.
13 (c) The court may impose any conditions of probation, suspen-
14 sion of sentence or assignment to a community correctional services
15 program that the court deems proper, including but not limited to
16 requiring that the defendant:
17 (1) Avoid such injurious or vicious habits, as directed by the
18 court, court services officer or community correctional services
19 officer;
20 (2) avoid such persons or places of disreputable or harmful
21 character, as directed by the court, court services officer or com-
22 munity correctional services officer;
23 (3) report to the court services officer or community correc-
24 tional services officer as directed;
25 (4) permit the court services officer or community correctional
26 services officer to visit the defendant at home or elsewhere;
27 (5) work faithfully at suitable employment insofar as possible;
28 (6) remain within the state unless the court grants permission
29 to leave;
30 (7) pay a fine or costs, applicable to the offense, in one or sev-
31 eral sums and in the manner as directed by the court;
32 (8) support the defendant's dependents;
33 (9) reside in a residential facility located in the community and
34 participate in educational, counseling, work and other correctional
35 or rehabilitative programs;
36 (10) perform community or public service work for local gov-
37 ernmental agencies, private corporations organized not for profit,
38 or charitable or social service organizations performing services for
39 the community;
40 (11) perform services under a system of day fines whereby the
41 defendant is required to satisfy fines, costs or reparation or resti-
42 tution obligations by performing services for a period of days de-
43 termined by the court on the basis of ability to pay, standard of

14
1 living, support obligations and other factors;
2 (12) participate in a house arrest program pursuant to K.S.A.
3 21-4603b, and amendments thereto;
4 (13) order the defendant to pay the administrative fee author-
5 ized by K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless
6 waived by the court; or
7 (14) in felony cases, except for violations of K.S.A. 8-1567 and
8 amendments thereto, be confined in a county jail not to exceed 30
9 120 days, which need not be served consecutively.
10 (d) In addition to any other conditions of probation, suspension
11 of sentence or assignment to a community correctional services pro-
12 gram, the court shall order the defendant to comply with each of
13 the following conditions:
14 (1) Make reparation or restitution to the aggrieved party for the
15 damage or loss caused by the defendant's crime, in an amount and
16 manner determined by the court and to the person specified by the
17 court, unless the court finds compelling circumstances which would
18 render a plan of restitution unworkable. If the court finds a plan of
19 restitution unworkable, the court shall state on the record in detail
20 the reasons therefor;
21 (2) pay the probation or community correctional services fee
22 pursuant to K.S.A. 21-4610a, and amendments thereto; and
23 (3) reimburse the state general fund for all or a part of the ex-
24 penditures by the state board of indigents' defense services to pro-
25 vide counsel and other defense services to the defendant. In deter-
26 mining the amount and method of payment of such sum, the court
27 shall take account of the financial resources of the defendant and
28 the nature of the burden that payment of such sum will impose. A
29 defendant who has been required to pay such sum and who is not
30 willfully in default in the payment thereof may at any time petition
31 the court which sentenced the defendant to waive payment of such
32 sum or of any unpaid portion thereof. If it appears to the satisfaction
33 of the court that payment of the amount due will impose manifest
34 hardship on the defendant or the defendant's immediate family, the
35 court may waive payment of all or part of the amount due or modify
36 the method of payment. The amount of attorney fees to be included
37 in the court order for reimbursement shall be the amount claimed
38 by appointed counsel on the payment voucher for indigents' defense
39 services or the amount prescribed by the board of indigents' defense
40 services reimbursement tables as provided in K.S.A. 22-4522, and
41 amendments thereto, whichever is less.
42 Sec. 6. K.S.A. 1999 Supp. 21-4611 is hereby amended to read
43 as follows: 21-4611. (a) The period of suspension of sentence, pro-

15
1 bation or assignment to community corrections fixed by the court
2 shall not exceed five years in felony cases involving crimes commit-
3 ted prior to July 1, 1993, or two years in misdemeanor cases, subject
4 to renewal and extension for additional fixed periods not exceeding
5 five years in such felony cases, nor two years in misdemeanor cases.
6 In no event shall the total period of probation, suspension of sen-
7 tence or assignment to community corrections for a felony commit-
8 ted prior to July 1, 1993, exceed the greatest maximum term pro-
9 vided by law for the crime, except that where the defendant is
10 convicted of nonsupport of a child, the period may be continued as
11 long as the responsibility for support continues. Probation, suspen-
12 sion of sentence or assignment to community corrections may be
13 terminated by the court at any time and upon such termination or
14 upon termination by expiration of the term of probation, suspension
15 of sentence or assignment to community corrections, an order to
16 this effect shall be entered by the court.
17 (b) The district court having jurisdiction of the offender may
18 parole any misdemeanant sentenced to confinement in the county
19 jail. The period of such parole shall be fixed by the court and shall
20 not exceed two years and shall be terminated in the manner pro-
21 vided for termination of suspended sentence and probation.
22 (c) For all crimes committed on or after July 1, 1993, the ~~rec-~~
23 ~~ommended~~ duration of probation in ~~all~~ felony cases sentenced for the
24 following severity levels on the sentencing guidelines grid for nondrug
25 crimes and the sentencing guidelines grid for drug crimes is as follows:
26 (1) For nondrug crimes the recommended duration of probations
27 is:
28 (A) Thirty-six months for crimes in crime severity levels 1
29 through 5; and
30 (B) 24 months for crimes in crime severity levels 6 ~~through 10~~
31 and 7~~; and~~.
32 (2) For drug crimes:
33 ~~(A) Thirty-six~~ the recommended duration of probation is 36 months
34 for crimes in crime severity levels 1 ~~through 3~~ and 2~~; and~~.
35 ~~(B) 24 months for crimes in crime severity level 4.~~
36 (3) In felony cases sentenced at severity levels 9 and 10 on the sen-
37 tencing guidelines grid for nondrug crimes and severity level 4 on the
38 sentencing guidelines grid for drug crimes, if a nonprison sanction is im-
39 posed, the court shall order the defendant to serve a period of probation,
40 or assignment to a community correctional services program as provided
41 under K.S.A. 75-5291 et seq., and amendments thereto, of up to 12 months
42 in length.
43 (4) In felony cases sentenced at severity level 8 on the sentencing

16
1 guidelines grid for nondrug crimes and severity level 3 on the sentencing
2 guidelines grid for drug crimes, if a nonprison sanction is imposed, the
3 court shall order the defendant to serve a period of probation, or assign-
4 ment to a community correctional services program, as provided under
5 K.S.A. 75-5291 et seq., and amendments thereto, of up to 18 months in
6 length.
7 (5) If the court finds and sets forth with particularity the reasons for
8 finding that the safety of the members of the public will be jeopardized
9 or that the welfare of the inmate will not be served by the length of the
10 probation terms provided in subsections (c)(3) and (c)(4), the court may
11 impose a longer period of probation. Such an increase shall not be con-
12 sidered a departure and shall not be subject to appeal.
13 (6) Except as provided in subsections ~~(c)(4) and (c)(5)~~ (c)(7) and
14 (c)(8), the total period in all cases shall not exceed 60 months, or the
15 maximum period of the prison sentence that could be imposed
16 whichever is longer. Nonprison sentences may be terminated by the
17 court at any time.
18 ~~(4)~~ (7) If the defendant is convicted of nonsupport of a child, the
19 period may be continued as long as the responsibility for support
20 continues. If the defendant is ordered to pay full or partial resti-
21 tution, the period may be continued as long as the amount of res-
22 titution ordered has not been paid.
23 ~~(5)~~ (8) The court may modify or extend the offender's period of
24 supervision, pursuant to a modification hearing and a judicial find-
25 ing of necessity. Such extensions may be made for a maximum pe-
26 riod of five years or the maximum period of the prison sentence that
27 could be imposed, whichever is longer, inclusive of the original su-
28 pervision term.
29 (d) The provisions of subsection (c), as amended by this act, shall be
30 applied retroactively. The sentencing court shall direct that a review of
31 all persons serving a nonprison sanction for a crime in severity levels 8,
32 9 or 10 of the sentencing guidelines grid for nondrug crimes or a crime
33 in severity levels 3 or 4 of the sentencing guidelines grid for drug crimes
34 be conducted. On or before September 1, 2000, the duration of such per-
35 son's probation shall be modified in conformity with the provisions of
36 subsection (c).
37 Sec. 7. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4704
38 is hereby amended to read as follows: 21-4704. (a) For purposes of
39 sentencing, the following sentencing guidelines grid for nondrug
40 crimes shall be applied in felony cases ~~for crimes committed on or~~
41 ~~after July 1, 1993~~:

17
1

18
1 (b) The provisions of this section shall be applicable to the sen-
2 tencing guidelines grid for nondrug crimes. Sentences expressed in
3 such grid represent months of imprisonment.
4 (c) The sentencing guidelines grid is a two-dimensional crime
5 severity and criminal history classification tool. The grid's vertical
6 axis is the crime severity scale which classifies current crimes of
7 conviction. The grid's horizontal axis is the criminal history scale
8 which classifies criminal histories.
9 (d) The sentencing guidelines grid for nondrug crimes as pro-
10 vided in this section defines presumptive punishments for felony
11 convictions, subject to judicial discretion to deviate for substantial
12 and compelling reasons and impose a different sentence in recog-
13 nition of aggravating and mitigating factors as provided in this act.
14 The appropriate punishment for a felony conviction should depend
15 on the severity of the crime of conviction when compared to all other
16 crimes and the offender's criminal history.
17 (e) (1) The sentencing court has discretion to sentence at any
18 place within the sentencing range. The sentencing judge shall select
19 the center of the range in the usual case and reserve the upper and
20 lower limits for aggravating and mitigating factors insufficient to
21 warrant a departure.
22 (2) In presumptive imprisonment cases, the sentencing court
23 shall pronounce the complete sentence which shall include the
24 prison sentence, the maximum potential reduction to such sentence
25 as a result of good time and the period of postrelease supervision at
26 the sentencing hearing. Failure to pronounce the period of post-
27 release supervision shall not negate the existence of such period of
28 postrelease supervision.
29 (3) In presumptive nonprison cases, the sentencing court shall
30 pronounce the prison sentence as well as the duration of the non-
31 prison sanction at the sentencing hearing.
32 (f) Each grid block states the presumptive sentencing range for
33 an offender whose crime of conviction and criminal history place
34 such offender in that grid block. If an offense is classified in a grid
35 block below the dispositional line, the presumptive disposition shall
36 be nonimprisonment. If an offense is classified in a grid block above
37 the dispositional line, the presumptive disposition shall be impris-
38 onment. If an offense is classified in grid blocks 5-H~~, 5-I~~ or 6-G, the
39 court may impose an optional nonprison sentence upon making the
40 following findings on the record:
41 (1) An appropriate treatment program exists which is likely to
42 be more effective than the presumptive prison term in reducing the
43 risk of offender recidivism; and

19
1 (2) the recommended treatment program is available and the
2 offender can be admitted to such program within a reasonable pe-
3 riod of time; or
4 (3) the nonprison sanction will serve community safety interests
5 by promoting offender reformation.
6 Any decision made by the court regarding the imposition of an
7 optional nonprison sentence if the offense is classified in grid blocks
8 5-H~~, 5-I~~ or 6-G shall not be considered a departure and shall not be
9 subject to appeal.
10 (g) The sentence for the violation of K.S.A. 21-3411, aggravated
11 assault against a law enforcement officer or K.S.A. 21-3415, aggra-
12 vated battery against a law enforcement officer and amendments
13 thereto which places the defendant's sentence in grid block 6-H or
14 ~~6-I~~ shall be presumed imprisonment. The court may impose an op-
15 tional nonprison sentence upon making a finding on the record that
16 the nonprison sanction will serve community safety interests by pro-
17 moting offender reformation. Any decision made by the court re-
18 garding the imposition of the optional nonprison sentence, if the
19 offense is classified in grid block 6-H ~~or 6-I~~, shall not be considered
20 departure and shall not be subject to appeal.
21 (h) When a firearm is used to commit any person felony, the
22 offender's sentence shall be presumed imprisonment. The court may
23 impose an optional nonprison sentence upon making a finding on
24 the record that the nonprison sanction will serve community safety
25 interests by promoting offender reformation. Any decision made by
26 the court regarding the imposition of the optional nonprison sen-
27 tence shall not be considered a departure and shall not be subject
28 to appeal.
29 (i) The sentence for the violation of the felony provision of
30 K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and amend-
31 ments thereto shall be as provided by the specific mandatory sen-
32 tencing requirements of that section and shall not be subject to the
33 provisions of this section or K.S.A. 21-4707 and amendments
34 thereto. Notwithstanding the provisions of any other section, the
35 term of imprisonment imposed for the violation of the felony pro-
36 vision of K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and
37 amendments thereto shall not be served in a state facility in the
38 custody of the secretary of corrections.
39 (j) The sentence for any persistent sex offender whose current
40 convicted crime carries a presumptive term of imprisonment shall
41 be double the maximum duration of the presumptive imprisonment
42 term. The sentence for any persistent sex offender whose current
43 conviction carries a presumptive nonprison term shall be presumed

20
1 imprisonment and shall be double the maximum duration of the
2 presumptive imprisonment term. Except as otherwise provided in
3 this subsection, as used in this subsection, ``persistent sex offender''
4 means a person who: (1) Has been convicted in this state of a sex-
5 ually violent crime, as defined in K.S.A. 22-3717 and amendments
6 thereto; and (2) at the time of the conviction under subsection (1)
7 has at least one conviction for a sexually violent crime, as defined
8 in K.S.A. 22-3717 and amendments thereto in this state or compa-
9 rable felony under the laws of another state, the federal government
10 or a foreign government. The provisions of this subsection shall not
11 apply to any person whose current convicted crime is a severity
12 level 1 or 2 felony.
13 (k) If it is shown at sentencing that the offender committed any
14 felony violation for the benefit of, at the direction of, or in associ-
15 ation with any criminal street gang, with the specific intent to pro-
16 mote, further or assist in any criminal conduct by gang members,
17 the offender's sentence shall be presumed imprisonment. Any deci-
18 sion made by the court regarding the imposition of the optional
19 nonprison sentence shall not be considered a departure and shall
20 not be subject to appeal. As used in this subsection, ``criminal street
21 gang'' means any organization, association or group of three or
22 more persons, whether formal or informal, having as one of its pri-
23 mary activities the commission of one or more person felonies or
24 felony violations of the uniform controlled substances act, K.S.A.
25 65-4101 et seq., and amendments thereto, which has a common name
26 or common identifying sign or symbol, whose members, individu-
27 ally or collectively engage in or have engaged in the commission,
28 attempted commission, conspiracy to commit or solicitation of two
29 or more person felonies or felony violations of the uniform con-
30 trolled substances act, K.S.A. 65-4101 et seq., and amendments
31 thereto, or any substantially similar offense from another
32 jurisdiction.
33 (l) The sentence for a violation of subsection (a) of K.S.A. 21-
34 3715 and amendments thereto when such person being sentenced
35 has a prior conviction for a violation of subsection (a) or (b) of
36 K.S.A. 21-3715 or 21-3716 and amendments thereto shall be pre-
37 sumed imprisonment.
38 Sec. 8. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4705
39 is hereby amended to read as follows: 21-4705. (a) For the purpose
40 of sentencing, the following sentencing guidelines grid for drug
41 crimes shall be applied in felony cases under the uniform controlled
42 substances act ~~for crimes committed on or after July 1, 1993~~:

21
1

22
1 (b) The provisions of subsection (a) will apply for the purpose
2 of sentencing violations of the uniform controlled substances act
3 except as otherwise provided by law. Sentences expressed in the
4 sentencing guidelines grid for drug crimes in subsection (a) repre-
5 sent months of imprisonment.
6 (c) (1) The sentencing court has discretion to sentence at any
7 place within the sentencing range. The sentencing judge shall select
8 the center of the range in the usual case and reserve the upper and
9 lower limits for aggravating and mitigating factors insufficient to
10 warrant a departure. The sentencing court shall not distinguish be-
11 tween the controlled substances cocaine base (9041L000) and co-
12 caine hydrochloride (9041L005) when sentencing within the sen-
13 tencing range of the grid block.
14 (2) In presumptive imprisonment cases, the sentencing court
15 shall pronounce the complete sentence which shall include the
16 prison sentence, the maximum potential reduction to such sentence
17 as a result of good time and the period of postrelease supervision at
18 the sentencing hearing. Failure to pronounce the period of post-
19 release supervision shall not negate the existence of such period of
20 postrelease supervision.
21 (3) In presumptive nonprison cases, the sentencing court shall
22 pronounce the prison sentence as well as the duration of the non-
23 prison sanction at the sentencing hearing.
24 (d) Each grid block states the presumptive sentencing range for
25 an offender whose crime of conviction and criminal history place
26 such offender in that grid block. If an offense is classified in a grid
27 block below the dispositional line, the presumptive disposition shall
28 be nonimprisonment. If an offense is classified in a grid block above
29 the dispositional line, the presumptive disposition shall be impris-
30 onment. If an offense is classified in grid blocks 3-E, 3-F, 3-G, 3-H,
31 ~~3-I,~~ 4-E or 4-F, the court may impose an optional nonprison sentence
32 upon making the following findings on the record:
33 (1) An appropriate treatment program exists which is likely to
34 be more effective than the presumptive prison term in reducing the
35 risk of offender recidivism; and
36 (2) the recommended treatment program is available and the
37 offender can be admitted to such program within a reasonable pe-
38 riod of time; or
39 (3) the nonprison sanction will serve community safety interests
40 by promoting offender reformation.
41 Any decision made by the court regarding the imposition of an
42 optional nonprison sentence if the offense is classified in grid blocks
43 3-E, 3-F, 3-G, 3-H, ~~3-I,~~ 4-E or 4-F shall not be considered a depar-

23
1 ture and shall not be subject to appeal.
2 (e) The sentence for a second or subsequent conviction of K.S.A.
3 65-4159 and amendments thereto, manufacture of any controlled
4 substance or controlled substance analog shall be a presumptive
5 term of imprisonment of two times the maximum duration of the
6 presumptive term of imprisonment. The court may impose an op-
7 tional reduction in such sentence of not to exceed 50% of the man-
8 datory increase provided by this subsection upon making a finding
9 on the record that one or more of the mitigating factors as specified
10 in K.S.A. 21-4716 and amendments thereto justify such a reduction
11 in sentence. Any decision made by the court regarding the reduction
12 in such sentence shall not be considered a departure and shall not
13 be subject to appeal.
14 Sec. 9. On and after July 1, 2000, K.S.A. 21-4709 is hereby
15 amended to read as follows: 21-4709. The criminal history scale is
16 represented in abbreviated form on the horizontal axis of the sen-
17 tencing guidelines grid for nondrug crimes and the sentencing
18 guidelines grid for drug crimes. The relative severity of each crim-
19 inal history category decreases from left to right on such grids.
20 Criminal history category A is the most serious classification. Crim-
21 inal history category I H is the least serious classification. The crim-
22 inal history categories in the criminal history scale are:
23 Criminal
24 History
25 Category Descriptive Criminal History

26	A	*The offender's criminal history includes three or more adultconvictions or juvenile adjudications, in any combination,for person felonies.*
27	B	*The offender's criminal history includes two adult convictionsor juvenile adjudications, in any combination, for personfelonies.*
28	C	*The offender's criminal history includes one adult convictionor juvenile adjudication for a person felony, and one ormore adult conviction or juvenile adjudication for a non-person felony.*
29	D	*The offender's criminal history includes one adult convictionor juvenile adjudication for a person felony, but no adultconviction or juvenile adjudications for a nonperson felony.*
30	E	*The offender's criminal history includes three or more adultconvictions or juvenile adjudications for nonperson felo-nies, but no adult conviction or juvenile adjudication for aperson felony.*

1	F	*The offender's criminal history includes two adult convictionsor juvenile adjudications for nonperson felonies, but noadult conviction or juvenile adjudication for a personfelony.*
2	G	*The offender's criminal history includes one adult convictionor juvenile adjudication for a nonperson felony, but noadult conviction or juvenile adjudication for a personfelony.*
3	H	*The offender's criminal history includes* ~~two or more adult~~ aconviction or *convictions or juvenile adjudications for non-person* ~~and/or~~ or *select misdemeanors~~, and no more than twoadult~~, or both, or a conviction or* *convictions or juvenile ad-judications for person misdemeanors, but no adult convic-tion or juvenile adjudication for either a person or nonper-son felony* or the offender's criminal history includes no priorrecord.
4	I	the offender's criminal history includes no prior record; or, oneadult conviction or juvenile adjudication for a person, nonperson,or select misdemeanor, but no adult conviction or juvenile ad-judication for either a person or nonperson felony.

5 Sec. 10. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4720
6 is hereby amended to read as follows: 21-4720. (a) The provisions
7 of subsections (a), (b), (c), (d), (e) and (h) of K.S.A. 21-4608 and
8 amendments thereto regarding multiple sentences shall apply to the
9 sentencing of offenders for crimes committed on or after July 1,
10 1993, pursuant to the sentencing guidelines system as provided in
11 this act. The mandatory consecutive requirements contained in sub-
12 sections (c), (d) and (e) shall not apply if such application would
13 result in a manifest injustice.
14 (b) The sentencing judge shall otherwise have discretion to im-
15 pose concurrent or consecutive sentences in multiple conviction
16 cases. The sentencing judge shall state on the record if the sentence
17 is to be served concurrently or consecutively. In cases where con-
18 secutive sentences may be imposed by the sentencing judge, the fol-
19 lowing shall apply:
20 (1) When the sentencing judge imposes multiple sentences con-
21 secutively, the consecutive sentences shall consist of an imprison-
22 ment term which is the sum of the consecutive imprisonment terms,
23 and a supervision term. The postrelease supervision term will be
24 based on the longest supervision term imposed for any of the crimes.
25 (2) The sentencing judge must establish a base sentence for the
26 primary crime. The primary crime is the crime with the highest
27 crime severity ranking. An off-grid crime shall not be used as the

25
1 primary crime in determining the base sentence when imposing mul-
2 tiple sentences. If sentences for off-grid and on-grid convictions are
3 ordered to run consecutively, the offender shall not begin to serve
4 the on-grid sentence until paroled from the off-grid sentence, and
5 the postrelease supervision term will be based on the off-grid crime.
6 If more than one crime of conviction is classified in the same crime
7 category, the sentencing judge must designate which crime will
8 serve as the primary crime. In the instance of sentencing with both
9 the drug grid and the nondrug grid and simultaneously having a
10 presumption of imprisonment and probation, the sentencing judge
11 will use the crime which presumes imprisonment as the primary
12 crime. In the instance of sentencing with both the drug grid and the
13 nondrug grid and simultaneously having a presumption of either
14 both probation or both imprisonment, the sentencing judge will use
15 the crime with the longest sentence term within the grid block range
16 as the primary crime.
17 (3) The base sentence is set using the total criminal history score
18 assigned.
19 (4) The total prison sentence imposed in a case involving mul-
20 tiple convictions arising from multiple counts within an informa-
21 tion, complaint or indictment cannot exceed twice the base sentence.
22 This limit shall apply only to the total sentence, and it shall not be
23 necessary to reduce the duration of any of the nonbase sentences
24 imposed to be served consecutively to the base sentence. The post-
25 release supervision term will reflect only the longest such term as-
26 signed to any of the crimes for which consecutive sentences are im-
27 posed. Supervision periods will not be aggregated.
28 (5) Nonbase sentences will not have criminal history scores ap-
29 plied, as calculated in the criminal history I H column of the grid,
30 but base sentences will have the full criminal history score assigned.
31 (6) If the sentence for the primary crime is a prison term, the
32 entire imprisonment term of the consecutive sentences will be
33 served in prison.
34 (7) If the sentence for the consecutive sentences is a prison term,
35 the postrelease supervision term is a term of postrelease supervision
36 as established for the primary crime.
37 (8) If the sentence for the primary crime is a nonprison sen-
38 tence, a nonprison term will be imposed for each crime conviction,
39 but the nonprison terms shall not be aggregated or served consec-
40 utively even though the underlying prison sentences have been or-
41 dered to be served consecutively. Upon revocation of the nonprison
42 sentence, the offender shall serve the prison sentences consecutively
43 as provided in this section.

26
1 (c) The following shall apply for a departure from the presump-
2 tive sentence based on aggravating factors within the context of con-
3 secutive sentences:
4 (1) The court may depart from the presumptive limits for con-
5 secutive sentences only if the judge finds substantial and compelling
6 reasons to impose a departure sentence for any of the individual
7 crimes being sentenced consecutively.
8 (2) When a departure sentence is imposed for any of the indi-
9 vidual crimes sentenced consecutively, the imprisonment term of
10 that departure sentence shall not exceed twice the maximum pre-
11 sumptive imprisonment term that may be imposed for that crime.
12 (3) The total imprisonment term of the consecutive sentences,
13 including the imprisonment term for the departure crime, shall not
14 exceed twice the maximum presumptive imprisonment term of the
15 departure sentence following aggravation.
16 Sec. 11. K.S.A. 22-3716 is hereby amended to read as follows:
17 22-3716. (a) At any time during probation, assignment to a com-
18 munity correctional services program, suspension of sentence or
19 pursuant to subsection (d) for defendants who committed a crime
20 prior to July 1, 1993, and at any time during which a defendant is
21 serving a nonprison sanction for a crime committed on or after July
22 1, 1993, or pursuant to subsection (d), the court may issue a warrant
23 for the arrest of a defendant for violation of any of the conditions
24 of release or assignment, a notice to appear to answer to a charge
25 of violation or a violation of the defendant's nonprison sanction.
26 The notice shall be personally served upon the defendant. The war-
27 rant shall authorize all officers named in the warrant to return the
28 defendant to the custody of the court or to any certified detention
29 facility designated by the court. Any court services officer or com-
30 munity correctional services officer may arrest the defendant with-
31 out a warrant or may deputize any other officer with power of arrest
32 to do so by giving the officer a written statement setting forth that
33 the defendant has, in the judgment of the court services officer or
34 community correctional services officer, violated the conditions of
35 the defendant's release or a nonprison sanction. The written state-
36 ment delivered with the defendant by the arresting officer to the
37 official in charge of a county jail or other place of detention shall
38 be sufficient warrant for the detention of the defendant. After mak-
39 ing an arrest, the court services officer or community correctional
40 services officer shall present to the detaining authorities a similar
41 statement of the circumstances of violation. Provisions regarding
42 release on bail of persons charged with a crime shall be applicable
43 to defendants arrested under these provisions.

27
1 (b) Upon arrest and detention pursuant to subsection (a), the
2 court services officer or community correctional services officer
3 shall immediately notify the court and shall submit in writing a
4 report showing in what manner the defendant has violated the con-
5 ditions of release or assignment or a nonprison sanction. There-
6 upon, or upon an arrest by warrant as provided in this section, the
7 court shall cause the defendant to be brought before it without un-
8 necessary delay for a hearing on the violation charged. The hearing
9 shall be in open court and the state shall have the burden of estab-
10 lishing the violation. The defendant shall have the right to be rep-
11 resented by counsel and shall be informed by the judge that, if the
12 defendant is financially unable to obtain counsel, an attorney will
13 be appointed to represent the defendant. The defendant shall have
14 the right to present the testimony of witnesses and other evidence
15 on the defendant's behalf. Relevant written statements made under
16 oath may be admitted and considered by the court along with other
17 evidence presented at the hearing. Except as otherwise provided, if the
18 violation is established, the court may continue or revoke the pro-
19 bation, assignment to a community correctional services program,
20 suspension of sentence or nonprison sanction and may require the
21 defendant to serve the sentence imposed, or any lesser sentence,
22 and, if imposition of sentence was suspended, may impose any sen-
23 tence which might originally have been imposed. On and after July
24 1, 2000, and except as otherwise provided, no offender for whom a vio-
25 lation of conditions of release or assignment or a nonprison sanction has
26 been established as provided in this section shall be required to serve any
27 time for the sentence imposed or which might originally have been im-
28 posed in a state facility in the custody of the secretary of corrections for
29 such violation, unless such person has already at least one prior assign-
30 ment to a community correctional services program related to the crime
31 for which the original sentence was imposed, except these provisions shall
32 not apply to offenders who violate a condition of release or assignment or
33 a nonprison sanction by committing a new misdemeanor or felony offense.
34 The court may require an offender for whom a violation of conditions of
35 release or assignment or a nonprison sanction has been established as
36 provided in this section to serve any time for the sentence imposed or
37 which might originally have been imposed in a state facility in the custody
38 of the secretary of corrections without a prior assignment to a community
39 correctional services program if the court finds and sets forth with par-
40 ticularity the reasons for finding that the safety of the members of the
41 public will be jeopardized or that the welfare of the inmate will not be
42 served by such assignment to a community correctional services program.
43 When a new felony is committed while the offender is on probation

28
1 or assignment to a community correctional services program, the
2 new sentence shall be imposed pursuant to the consecutive sentenc-
3 ing requirements of K.S.A. 21-4608 and amendments thereto, and
4 the court may sentence the offender to imprisonment for the new
5 conviction, even when the new crime of conviction otherwise pre-
6 sumes a nonprison sentence. In this event, imposition of a prison
7 sentence for the new crime does not constitute a departure.
8 (c) A defendant who is on probation, assigned to a community
9 correctional services program, under suspension of sentence or
10 serving a nonprison sanction and for whose return a warrant has
11 been issued by the court shall be considered a fugitive from justice
12 if it is found that the warrant cannot be served. If it appears that
13 the defendant has violated the provisions of the defendant's release
14 or assignment or a nonprison sanction, the court shall determine
15 whether the time from the issuing of the warrant to the date of the
16 defendant's arrest, or any part of it, shall be counted as time served
17 on probation, assignment to a community correctional services pro-
18 gram, suspended sentence or pursuant to a nonprison sanction.
19 (d) The court shall have 30 days following the date probation,
20 assignment to a community correctional service program, suspen-
21 sion of sentence or a nonprison sanction was to end to issue a war-
22 rant for the arrest or notice to appear for the defendant to answer
23 a charge of a violation of the conditions of probation, assignment
24 to a community correctional service program, suspension of sen-
25 tence or a nonprison sanction.
26 (e) Notwithstanding the provisions of any other law to the contrary,
27 a term of imprisonment may not be imposed upon revocation of a non-
28 prison sanction of any offender sentenced for a crime in severity level 9
29 or severity level 10 on the sentencing guidelines grid for nondrug crimes,
30 due to a violation of a condition of release or assignment of the nonprison
31 sanction, except that these provisions shall not apply to offenders whose
32 revocation of release or assignment of the nonprison sanction results from
33 a conviction for a new misdemeanor or felony offense or who are incar-
34 cerated or on postrelease supervision and are serving or are to begin
35 serving any other felony sentence that is not excluded from imprisonment
36 by this subsection on the effective date of this subsection. The provisions
37 of this subsection shall be applied retroactively to offenders convicted of
38 a crime in severity level 9 and 10 on the sentencing guidelines grid for
39 nondrug crimes. The department of corrections shall conduct a review of
40 all persons who are in the custody of the department as a result of only
41 a revocation of a nonprison sanction for a crime in severity level 9 or 10
42 on the sentencing guidelines grid for nondrug crimes which did not result
43 from a conviction for a new misdemeanor or felony crime. On or before

29
1 September 1, 2000, the department shall release from imprisonment or
2 postrelease supervision those offenders as required by this subsection. The
3 department shall notify the sentencing court of the date upon which the
4 offender is to be discharged from the department's custody pursuant to
5 this subsection at least 14 days prior to the date of discharge. The sen-
6 tencing court may impose upon such offender any nonprison sanction or
7 condition authorized by law.
8 (f) Notwithstanding the provisions of any other law to the contrary,
9 an offender whose nonprison sanction is revoked and a term of impris-
10 onment imposed pursuant to either the sentencing guidelines grid for non-
11 drug or drug crimes shall not serve a period of postrelease supervision
12 upon the completion of the prison portion of that sentence. The provisions
13 of this subsection shall not apply to offenders sentenced to a nonprison
14 sanction pursuant to a dispositional departure, whose offense falls within
15 a border box of either the sentencing guidelines grid for nondrug or drug
16 crimes, offenders sentenced for a ``sexually violent crime'' as defined by
17 K.S.A. 22-3717, and amendments thereto, or whose nonprison sanction
18 was revoked as a result of a conviction for a new misdemeanor or felony
19 offense. The provisions of this subsection shall not apply to offenders who
20 are serving or are to begin serving a sentence for any other felony offense
21 that is not excluded from postrelease supervision by this subsection on the
22 effective date of this subsection. The provisions of this subsection shall be
23 applied retroactively. The department of corrections shall conduct a re-
24 view of all persons who are in the custody of the department as a result
25 of only a revocation of a nonprison sanction. On or before September 1,
26 2000, the department shall have discharged from postrelease supervision
27 those offenders as required by this subsection.
28 Sec. 12. K.S.A. 1999 Supp. 22-3717 is hereby amended to read
29 as follows: 22-3717. (a) Except as otherwise provided by this sec-
30 tion, K.S.A. 1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-
31 4635 through 21-4638 and amendments thereto, an inmate, includ-
32 ing an inmate sentenced pursuant to K.S.A. 21-4618 and
33 amendments thereto, shall be eligible for parole after serving the
34 entire minimum sentence imposed by the court, less good time
35 credits.
36 (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638
37 and amendments thereto, an inmate sentenced to imprisonment for
38 the crime of capital murder, or an inmate sentenced for the crime
39 of murder in the first degree based upon a finding of premeditated
40 murder, committed on or after July 1, 1994, shall be eligible for
41 parole after serving 25 years of confinement, without deduction of
42 any good time credits.
43 (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A.

30
1 1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through
2 21-4638, and amendments thereto, an inmate sentenced to impris-
3 onment for an off-grid offense committed on or after July 1, 1993,
4 but prior to July 1, 1999, shall be eligible for parole after serving
5 15 years of confinement, without deduction of any good time credits
6 and an inmate sentenced to imprisonment for an off-grid offense
7 committed on or after July 1, 1999, shall be eligible for parole after
8 serving 20 years of confinement without deduction of any good time
9 credits.
10 (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to
11 its repeal, an inmate sentenced for a class A felony committed before
12 July 1, 1993, including an inmate sentenced pursuant to K.S.A. 21-
13 4618 and amendments thereto, shall be eligible for parole after serv-
14 ing 15 years of confinement, without deduction of any good time
15 credits.
16 (4) An inmate sentenced to imprisonment for a violation of sub-
17 section (a) of K.S.A. 21-3402 and amendments thereto committed
18 on or after July 1, 1996, but prior to July 1, 1999, shall be eligible
19 for parole after serving 10 years of confinement without deduction
20 of any good time credits.
21 (c) Except as provided in subsection (e), if an inmate is sen-
22 tenced to imprisonment for more than one crime and the sentences
23 run consecutively, the inmate shall be eligible for parole after serv-
24 ing the total of:
25 (1) The aggregate minimum sentences, as determined pursuant
26 to K.S.A. 21-4608 and amendments thereto, less good time credits
27 for those crimes which are not class A felonies; and
28 (2) an additional 15 years, without deduction of good time cred-
29 its, for each crime which is a class A felony.
30 (d) (1) Persons sentenced for crimes, other than off-grid crimes,
31 committed on or after July 1, 1993, will not be eligible for parole,
32 but will be released to a mandatory period of postrelease supervi-
33 sion upon completion of the prison portion of their sentence as
34 follows:
35 (A) Except as provided in subparagraphs ~~(C) and~~ (D) and (E),
36 persons sentenced for nondrug severity level 1 through 6 4 crimes
37 and drug severity levels 1 ~~through 3~~ and 2 crimes must serve 36
38 months, plus the amount of good time earned and retained pursuant
39 to K.S.A. 21-4722 and amendments thereto, on postrelease
40 supervision.
41 (B) Except as provided in subparagraphs (D) and (E), persons sen-
42 tenced for nondrug severity levels 5 and 6 crimes and drug severity level
43 3 crimes must serve 24 months, plus the amount of good time earned and

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

32
1 (vii) Persons convicted of crimes deemed sexually violent or sex-
2 ually motivated, shall be registered according to the habitual sex
3 offender registration act, K.S.A. 22-4901 through 22-4910 and
4 amendments thereto.
5 ~~(D)~~ (E) The period of postrelease supervision provided in sub-
6 paragraphs (A) and (B) may be reduced by up to 12 months and the
7 period of postrelease supervision provided in subparagraph (C) may be
8 reduced by up to six months based on the offender's compliance with
9 conditions of supervision and overall performance while on post-
10 release supervision. The reduction in the supervision period shall
11 be on an earned basis pursuant to rules and regulations adopted by
12 the secretary of corrections.
13 ~~(E)~~ (F) In cases where sentences for crimes from more than one
14 severity level have been imposed, the offender shall serve the longest
15 period of postrelease supervision as provided by this section avail-
16 able for any crime upon which sentence was imposed irrespective
17 of the severity level of the crime. Supervision periods will not
18 aggregate.
19 (2) As used in this section, ``sexually violent crime'' means:
20 (A) Rape, K.S.A. 21-3502, and amendments thereto;
21 (B) indecent liberties with a child, K.S.A. 21-3503, and amend-
22 ments thereto;
23 (C) aggravated indecent liberties with a child, K.S.A. 21-3504,
24 and amendments thereto;
25 (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-
26 3505 and amendments thereto;
27 (E) aggravated criminal sodomy, K.S.A. 21-3506, and amend-
28 ments thereto;
29 (F) indecent solicitation of a child, K.S.A. 21-3510, and amend-
30 ments thereto;
31 (G) aggravated indecent solicitation of a child, K.S.A. 21-3511,
32 and amendments thereto;
33 (H) sexual exploitation of a child, K.S.A. 21-3516, and amend-
34 ments thereto;
35 (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
36 thereto;
37 (J) any conviction for a felony offense in effect at any time prior
38 to the effective date of this act, that is comparable to a sexually
39 violent crime as defined in subparagraphs (A) through (I), or any
40 federal or other state conviction for a felony offense that under the
41 laws of this state would be a sexually violent crime as defined in
42 this section;
43 (K) an attempt, conspiracy or criminal solicitation, as defined

33
1 in K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a
2 sexually violent crime as defined in this section; or
3 (L) any act which at the time of sentencing for the offense has
4 been determined beyond a reasonable doubt to have been sexually
5 motivated. As used in this subparagraph, ``sexually motivated''
6 means that one of the purposes for which the defendant committed
7 the crime was for the purpose of the defendant's sexual gratification.
8 (e) If an inmate is sentenced to imprisonment for a crime com-
9 mitted while on parole or conditional release, the inmate shall be
10 eligible for parole as provided by subsection (c), except that the
11 Kansas parole board may postpone the inmate's parole eligibility
12 date by assessing a penalty not exceeding the period of time which
13 could have been assessed if the inmate's parole or conditional re-
14 lease had been violated for reasons other than conviction of a crime.
15 (f) If a person is sentenced to prison for a crime committed on
16 or after July 1, 1993, while on probation, parole, conditional release
17 or in a community corrections program, for a crime committed prior
18 to July 1, 1993, and the person is not eligible for retroactive appli-
19 cation of the sentencing guidelines and amendments thereto pur-
20 suant to K.S.A. 21-4724 and amendments thereto, the new sentence
21 shall not be aggregated with the old sentence, but shall begin when
22 the person is paroled or reaches the conditional release date on the
23 old sentence. If the offender was past the offender's conditional re-
24 lease date at the time the new offense was committed, the new sen-
25 tence shall not be aggregated with the old sentence but shall begin
26 when the person is ordered released by the Kansas parole board or
27 reaches the maximum sentence expiration date on the old sentence,
28 whichever is earlier. The new sentence shall then be served as oth-
29 erwise provided by law. The period of postrelease supervision shall
30 be based on the new sentence, except that those offenders whose old
31 sentence is a term of imprisonment for life, imposed pursuant to
32 K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
33 sentence with a maximum term of life imprisonment, for which there
34 is no conditional release or maximum sentence expiration date, shall
35 remain on postrelease supervision for life or until discharged from
36 supervision by the Kansas parole board.
37 (g) Subject to the provisions of this section, the Kansas parole
38 board may release on parole those persons confined in institutions
39 who are eligible for parole when: (1) The board believes that the
40 inmate should be released for hospitalization, for deportation or to
41 answer the warrant or other process of a court and is of the opinion
42 that there is reasonable probability that the inmate can be released
43 without detriment to the community or to the inmate; or (2) the

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

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

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

37
1 or postrelease supervision that the parolee or the person on post-
2 release supervision make progress towards or successfully complete
3 the equivalent of a secondary education if the inmate has not pre-
4 viously completed such educational equivalent and is capable of
5 doing so;
6 (3) may order that the parolee or person on postrelease super-
7 vision perform community or public service work for local govern-
8 mental agencies, private corporations organized not-for-profit or
9 charitable or social service organizations performing services for
10 the community;
11 (4) may order the parolee or person on postrelease supervision
12 to pay the administrative fee imposed pursuant to K.S.A. 1999 Supp.
13 22-4529 unless the board finds compelling circumstances which
14 would render payment unworkable; and
15 (5) unless it finds compelling circumstances which would ren-
16 der a plan of payment unworkable, shall order that the parolee or
17 person on postrelease supervision reimburse the state for all or part
18 of the expenditures by the state board of indigents' defense services
19 to provide counsel and other defense services to the person. In de-
20 termining the amount and method of payment of such sum, the pa-
21 role board shall take account of the financial resources of the person
22 and the nature of the burden that the payment of such sum will
23 impose. Such amount shall not exceed the amount claimed by ap-
24 pointed counsel on the payment voucher for indigents' defense serv-
25 ices or the amount prescribed by the board of indigents' defense
26 services reimbursement tables as provided in K.S.A. 22-4522 and
27 amendments thereto, whichever is less, minus any previous pay-
28 ments for such services.
29 (n) If the court which sentenced an inmate specified at the time
30 of sentencing the amount and the recipient of any restitution or-
31 dered as a condition of parole or postrelease supervision, the Kansas
32 parole board shall order as a condition of parole or postrelease
33 supervision that the inmate pay restitution in the amount and man-
34 ner provided in the journal entry unless the board finds compelling
35 circumstances which would render a plan of restitution
36 unworkable.
37 (o) Whenever the Kansas parole board grants the parole of an
38 inmate, the board, within 10 days of the date of the decision to grant
39 parole, shall give written notice of the decision to the county or
40 district attorney of the county where the inmate was sentenced.
41 (p) When an inmate is to be released on postrelease supervision,
42 the secretary, within 30 days prior to release, shall provide the
43 county or district attorney of the county where the inmate was sen-

38
1 tenced written notice of the release date.
2 (q) Inmates shall be released on postrelease supervision upon
3 the termination of the prison portion of their sentence. Time served
4 while on postrelease supervision will vest.
5 (r) An inmate who is allocated regular good time credits as pro-
6 vided in K.S.A. 22-3725 and amendments thereto may receive mer-
7 itorious good time credits in increments of not more than 90 days
8 per meritorious act. These credits may be awarded by the secretary
9 of corrections when an inmate has acted in a heroic or outstanding
10 manner in coming to the assistance of another person in a life threat-
11 ening situation, preventing injury or death to a person, preventing
12 the destruction of property or taking actions which result in a fi-
13 nancial savings to the state.
14 (s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and
15 (d)(1)(E) shall be applied retroactively as provided in subsection (t).
16 (t) For offenders sentenced prior to the effective date of this act who
17 are eligible for modification of their postrelease supervision obligation,
18 the department of corrections shall modify the period of postrelease su-
19 pervision as provided for by this section for offenders convicted of severity
20 level 9 and 10 crimes on the sentencing guidelines grid for nondrug crimes
21 and severity level 4 crimes on the sentencing guidelines grid for drug
22 crimes on or before September 1, 2000; for offenders convicted of severity
23 level 7 and 8 crimes on the sentencing guidelines grid for nondrug crimes
24 on or before November 1, 2000; and for offenders convicted of severity
25 level 5 and 6 crimes on the sentencing guidelines grid for nondrug crimes
26 and severity level 3 crimes on the sentencing guidelines grid for drug
27 crimes on or before January 1, 2001.
28 Sec. 13. On and after July 1, 2000, K.S.A. 75-52,129 is hereby
29 amended to read as follows: 75-52,129. (a) The secretary of correc-
30 tions is hereby authorized to negotiate and enter into contracts with
31 Kansas cities and counties for the placement of inmates, who are
32 classified as medium custody or any higher custody or security clas-
33 sification, in facilities owned and operated by the cities and coun-
34 ties. If the secretary of corrections proposes to place any inmates
35 classified as medium custody or any higher custody classification
36 for confinement in facilities other than correctional or other insti-
37 tutions or facilities owned and operated by the department of cor-
38 rections or any other state agency, the secretary of corrections shall
39 give first consideration to entering into contracts with Kansas cities
40 and counties under this section before attempting to place any such
41 inmate for confinement at any location outside the state of Kansas
42 if the facilities to be provided under such contracts are substantially
43 equal to facilities at locations outside the state of Kansas and if

39
1 arrangements can be made in a timely manner. Except as provided
2 in subsection (b), the provisions of this section and any contract or
3 preliminary letter of commitment entered into pursuant to this sec-
4 tion shall not apply to any minimum custody or community custody
5 status inmates, or any other custody or security classification lower
6 than medium custody, or to any inmate who may be placed in a
7 work release or prerelease program, center or facility by the sec-
8 retary of corrections, who is eligible for parole or who is placed
9 pursuant to the interstate corrections compact. Contracts entered
10 into pursuant to this section shall not be subject to competitive bid
11 requirements under K.S.A. 75-3739 and amendments thereto.
12 (b) The secretary shall not enter into any contract as provided in
13 subsection (a) with any city or county of this state for the placement of
14 inmates that does not provide that such city or county shall provide and
15 maintain appropriate and recognized standards of safety, health and
16 security.
17 Sec. 14. K.S.A. 22-3716 and K.S.A. 1999 Supp. 21-4611 and 22-
18 3717 are hereby repealed.
19 Sec. 15. On and after July 1, 2000, K.S.A. 21-4602, 21-4709 and
20 75-52,129 and K.S.A. 1999 Supp. 21-4603, 21-4603d, 21-4610, 21-
21 4704, 21-4705 and 21-4720 are hereby repealed.
22 Sec. 4. 16. This act shall take effect and be in force from and after
23 its publication in the ~~statute book~~ Kansas register.
24