As Amended by House Committee
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 490
By Committee on Judiciary
1-26
11 AN ACT
concerning crimes, criminal procedure and punishment; relat-
12 ing to community
corrections; placement of offenders; amending
13 K.S.A. 21-4606b and
22-3431 and K.S.A. 1999 Supp. 21-4603, 21-
14 4603d, 21-4610,
21-4611 and 75-5291 and repealing the existing
15 sections.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section
1. K.S.A. 1999 Supp. 75-5291 is hereby amended to read as
19 follows: 75-5291. (a) (1) The
secretary of corrections may make grants to
20 counties for the development,
implementation, operation and improve-
21 ment of community correctional services
including, but not limited to,
22 restitution programs, victim services
programs, preventive or diversionary
23 correctional programs, community
corrections centers and facilities for
24 the detention or confinement, care or
treatment of adults charged with
25 or convicted of crime
offenders as provided in this section except that no
26 community corrections funds shall be
expended by the secretary for the
27 purpose of establishing or operating a
conservation camp as provided by
28 K.S.A. 75-52,127 and amendments
thereto.
29 (2) Placement
of offenders in community correctional services pro-
30 grams by the court shall be limited to
placement of adult offenders, con-
31 victed of a felony offense:
32 (A) Whose
offense is classified in grid blocks 5-H, 5-I or 6-G of the
33 sentencing guidelines grid for nondrug
crimes or in grid blocks 3-E, 3-F,
34 3-G, 3-H, 3-I, 4-E or 4-F of the
sentencing guidelines grid for drug crimes.
35 In addition, the court may place in a
community correctional serv-
36 ices program adult offenders, convicted
of a felony offense, whose
37 offense is classified in grid blocks
6-H, 6-I, 7-C, 7-D, 7-E, 7-F, 7-
38 G, 7-H, or 7-I of the sentencing
guidelines grid for nondrug crimes;
39 or
40 (B) whose
severity level and criminal history score designate a pre-
41 sumptive prison sentence on either
sentencing guidelines grid but receive
42 a nonprison sentence as a result of
departure; and
2
1 (C) all
offenders convicted of an offense which satisfies the
definition
2 of offender pursuant to K.S.A.
22-4902, and amendments thereto, and
3 which is classified as a severity
level 7 or higher offense and who receive
4 a nonprison sentence, regardless
of the manner in which the sentence is
5 imposed;
and
6 (D) any
offender for whom a violation of conditions of release or
7 assignment or a nonprison sanction
has been established as provided in
8 K.S.A. 22-3716, and amendments
thereto, when no new felony has
been
9 committed while the
offender is on probation or assignment, prior to
rev-
10 ocation resulting in the offender being
required to serve any time for the
11 sentence imposed or which might
originally have been imposed in a state
12 facility in the custody of the secretary
of corrections; and
13 (E) any
offender who is determined to be ``high risk or needs, or
both''
14 by the use of a statewide, mandatory,
standardized risk assessment tool
15 or instrument utilized by a court
service officer prior to revocation of
the
16 offender's
probation.
The Subject to an
appropriation therefore, the
17 Kansas supreme court shall establish
by January 1, 2001, a risk
18 assessment tool or instrument
assessing the risk posed by and the
19 needs of offenders to be used by all
court service officers;
and
20 (F) placed
in community correctional services programs as a
21 condition of supervision following
the successful completion of a
22 conservation camp
program.; or
23 (G) any
offender for whom the court finds and sets forth with
24 particularity the reasons for finding
that the safety of the members
25 of the public will be jeopardized or
that the welfare of the inmate
26 will not be served without assignment to
a community correctional
27 services program.
28 (3) Nothing
in this act shall prohibit a community correctional
29 services program from providing
services to juvenile offenders upon
30 approval by the local community
corrections advisory board.
31 Grants from community corrections
funds administered by the sec-
32 retary of corrections shall not be
expended for such services.
33
(3) (4) The court may
require an offender for whom a violation of
34 conditions of release or assignment or a
nonprison sanction has been es-
35 tablished, as provided in K.S.A.
22-3716, and amendments thereto, to
36 serve any time for the sentence imposed
or which might originally have
37 been imposed in a state facility in the
custody of the secretary of correc-
38 tions without a prior assignment to a
community correctional services
39 program if the court finds and sets
forth with particularity the reasons
40 for finding that the safety of the
members of the public will be jeopardized
41 or that the welfare of the inmate will
not be served by such assignment
42 to a community correctional services
program.
43 (b) (1) In
order to establish a mechanism for community correctional
3
1 services to participate in the
department of corrections annual budget
2 planning process, the secretary of
corrections shall establish a community
3 corrections advisory committee to
identify new or enhanced correctional
4 or treatment interventions designed
to divert offenders from prison.
5 (2) The
secretary shall appoint one member from the southeast com-
6 munity corrections association
region, one member from the northeast
7 community corrections association
region, one member from the central
8 community corrections association
region and one member from the
9 western community corrections
association region. The deputy secretary
10 of community corrections and field services
shall designate two members
11 from the state at large. The secretary
shall have final appointment ap-
12 proval of the members designated by the
deputy secretary. The commit-
13 tee shall reflect the diversity of
community correctional services with re-
14 spect to geographical location and average
daily population of offenders
15 under supervision.
16 (3) Each member
shall be appointed for a term of three years, except
17 of the initial appointments, such terms
shall be staggered as determined
18 by the secretary. Members shall be eligible
for reappointment.
19 (4) The
committee, in collaboration with the deputy secretary of com-
20 munity corrections and field services or
the deputy secretary's designee,
21 shall routinely examine and report to the
secretary on the following issues:
22 (A) Efficiencies
in the delivery of field supervision services;
23
(B) offender assignment decisions;
24
(C) effectiveness and enhancement of existing
interventions; and
25 (D)
(C) identification of new interventions.
26 (5) The
committee's report concerning enhanced or new interven-
27 tions shall address:
28 (A) A
target population;
29
(B) measurable goals and objectives;
30 (C)
(B) projected costs;
31 (D)
(C) the impact on public safety; and
32 (E)
(D) the evaluation process.
33 (6) The committee
shall submit its report to the secretary annually
34 on or before July 15 in order for the
enhanced or new interventions to
35 be considered for inclusion within the
department of corrections budget
36 request for community correctional services
or in the department's en-
37 hanced services budget request for the
subsequent fiscal year.
38 Sec.
2. K.S.A. 1999 Supp. 21-4603 is hereby amended to read as
39 follows: 21-4603. (a) Whenever any person
has been found guilty of a
40 crime and the court finds that an adequate
presentence investigation can-
41 not be conducted by resources available
within the judicial district, in-
42 cluding mental health centers and mental
health clinics, the court may
43 require that a presentence investigation be
conducted by the Topeka
4
1 correctional facility or by the state
security hospital. If the offender is sent
2 to the Topeka correctional facility
or the state security hospital for a pre-
3 sentence investigation under this
section, the correctional facility or hos-
4 pital may keep the offender confined
for a maximum of 60 days, except
5 that an inmate may be held for a
longer period of time on order of the
6 secretary, or until the court calls
for the return of the offender. While
7 held at the Topeka correctional
facility or the state security hospital the
8 defendant may be treated the same as
any person committed to the sec-
9 retary of corrections or secretary of
social and rehabilitation services for
10 purposes of maintaining security and
control, discipline, and emergency
11 medical or psychiatric treatment, and
general population management
12 except that no such person shall be
transferred out of the state or to a
13 federal institution or to any other
location unless the transfer is between
14 the correctional facility and the state
security hospital. The correctional
15 facility or the state security hospital
shall compile a complete mental and
16 physical evaluation of such offender and
shall make its findings and rec-
17 ommendations known to the court in the
presentence report.
18 (b) Except as
provided in subsection (c), whenever any person has
19 been found guilty of a crime, the court may
adjudge any of the following:
20 (1) Commit the
defendant to the custody of the secretary of correc-
21 tions or, if confinement is for a term less
than one year, to jail for the
22 term provided by law;
23 (2) impose the
fine applicable to the offense;
24 (3) release the
defendant on probation subject to such conditions as
25 the court may deem appropriate, including
orders requiring full or partial
26 restitution. In felony cases, the court may
include confinement in a county
27 jail not to exceed 30 days, which need not
be served consecutively, as a
28 condition of probation;
29 (4) suspend the
imposition of the sentence subject to such conditions
30 as the court may deem appropriate,
including orders requiring full or
31 partial restitution. In felony cases, the
court may include confinement in
32 a county jail not to exceed 30 days, which
need not be served consecu-
33 tively, as a condition of suspension of
sentence;
34 (5) assign the
defendant to a community correctional services pro-
35 gram subject to the provisions of K.S.A.
75-5291, and amendments thereto
36 and, such conditions as the court
may deem appropriate, including orders
37 requiring full or partial restitution;
38 (6) assign the
defendant to a conservation camp for a period not to
39 exceed six months;
40 (7) assign the
defendant to a house arrest program pursuant to K.S.A.
41 21-4603b and amendments thereto;
42 (8) order the
defendant to attend and satisfactorily complete an al-
43 cohol or drug education or training program
as provided by subsection
5
1 (3) of K.S.A. 21-4502 and amendments
thereto;
2 (9) order
the defendant to pay the administrative fee authorized by
3 K.S.A. 1999 Supp. 22-4529, unless
waived 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 the
7 defendant to submit to and complete
an alcohol and drug evaluation, and
8 pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502
9 and amendments thereto.
10 In addition to any of
the above, the court shall order the defendant to
11 reimburse the state general fund for all or
a part of the expenditures by
12 the state board of indigents' defense
services to provide counsel and other
13 defense services to the defendant. In
determining the amount and
14 method of payment of such sum, the court
shall take account of the
15 financial resources of the defendant and
the nature of the burden that
16 payment of such sum will impose. A
defendant who has been required
17 to pay such sum and who is not willfully in
default in the payment thereof
18 may at any time petition the court which
sentenced the defendant to
19 waive payment of such sum or any unpaid
portion thereof. If it appears
20 to the satisfaction of the court that
payment of the amount due will im-
21 pose manifest hardship on the defendant or
the defendant's immediate
22 family, the court may waive payment of all
or part of the amount due or
23 modify the method of payment. The amount of
attorney fees to be in-
24 cluded in the court order for reimbursement
shall be the amount claimed
25 by appointed counsel on the payment voucher
for indigents' defense serv-
26 ices or the amount prescribed by the board
of indigents' defense services
27 reimbursement tables as provided in K.S.A.
22-4522, and amendments
28 thereto, whichever is less.
29 In imposing a fine the
court may authorize the payment thereof in
30 installments. In releasing a defendant on
probation, the court shall direct
31 that the defendant be under the supervision
of a court services officer. If
32 the court commits the defendant to the
custody of the secretary of cor-
33 rections or to jail, the court may specify
in its order the amount of res-
34 titution to be paid and the person to whom
it shall be paid if restitution
35 is later ordered as a condition of parole
or conditional release.
36 The court in
committing a defendant to the custody of the secretary of
37 corrections shall fix a maximum term of
confinement within the limits
38 provided by law. In those cases where the
law does not fix a maximum
39 term of confinement for the crime for which
the defendant was convicted,
40 the court shall fix the maximum term of
such confinement. In all cases
41 where the defendant is committed to the
custody of the secretary of
42 corrections, the court shall fix the
minimum term within the limits pro-
43 vided by law.
6
1
(c) Whenever any juvenile felon, as defined in K.S.A.
38-16,112, prior
2 to its repeal, has been found guilty
of a class A or B felony, the court shall
3 commit the defendant to the custody
of the secretary of corrections and
4 may impose the fine applicable to the
offense.
5 (d)
(1) Except when an appeal is taken and determined adversely
to
6 the defendant as provided in
subsection (d)(2), at any time within 120
7 days after a sentence is imposed,
after probation or assignment to a com-
8 munity correctional services program
has been revoked, the court may
9 modify such sentence, revocation of
probation or assignment to a com-
10 munity correctional services program by
directing that a less severe pen-
11 alty be imposed in lieu of that originally
adjudged within statutory limits
12 and shall modify such sentence if
recommended by the Topeka correc-
13 tional facility unless the court finds and
sets forth with particularity the
14 reasons for finding that the safety of
members of the public will be jeop-
15 ardized or that the welfare of the inmate
will not be served by such
16 modification.
17 (2) If an appeal
is taken and determined adversely to the defendant,
18 such sentence may be modified within 120
days after the receipt by the
19 clerk of the district court of the mandate
from the supreme court or court
20 of appeals.
21 (e) The court
shall modify the sentence at any time before the expi-
22 ration thereof when such modification is
recommended by the secretary
23 of corrections unless the court finds and
sets forth with particularity the
24 reasons for finding that the safety of
members of the public will be jeop-
25 ardized or that the welfare of the inmate
will not be served by such
26 modification. The court shall have the
power to impose a less severe
27 penalty upon the inmate, including the
power to reduce the minimum
28 below the statutory limit on the minimum
term prescribed for the crime
29 of which the inmate has been convicted. The
recommendation of the
30 secretary of corrections, the hearing on
the recommendation and the
31 order of modification shall be made in open
court. Notice of the rec-
32 ommendation of modification of sentence and
the time and place of the
33 hearing thereon shall be given by the
inmate, or by the inmate's legal
34 counsel, at least 21 days prior to the
hearing to the county or district
35 attorney of the county where the inmate was
convicted. After receipt of
36 such notice and at least 14 days prior to
the hearing, the county or district
37 attorney shall give notice of the
recommendation of modification of sen-
38 tence and the time and place of the hearing
thereon to any victim of the
39 inmate's crime who is alive and whose
address is known to the county or
40 district attorney or, if the victim is
deceased, to the victim's next of kin if
41 the next of kin's address is known to the
county or district attorney. Proof
42 of service of each notice required to be
given by this subsection shall be
43 filed with the court.
7
1 (f) After
such defendant has been assigned to a conservation camp
2 but prior to the end of 180 days, the
chief administrator of such camp
3 shall file a performance report and
recommendations with the court. The
4 court shall enter an order based on
such report and recommendations
5 modifying the sentence, if
appropriate, by sentencing the defendant to
6 any of the authorized dispositions
provided in subsection (b), except to
7 reassign such person to a
conservation camp as provided in subsection
8 (b)(6).
9
(g) Dispositions which do not involve commitment to the
custody of
10 the secretary of corrections and
commitments which are revoked within
11 120 days shall not entail the loss by the
defendant of any civil rights.
12 Placement of offenders pursuant to
subsection (b)(6) in a conservation
13 camp established by the secretary of
corrections shall not entail the loss
14 by the defendant of any civil rights.
15 (h) This section
shall not deprive the court of any authority conferred
16 by any other Kansas statute to decree a
forfeiture of property, suspend
17 or cancel a license, remove a person from
office, or impose any other civil
18 penalty as a result of conviction of
crime.
19 (i) An
application for or acceptance of probation, suspended sentence
20 or assignment to a community correctional
services program shall not
21 constitute an acquiescence in the judgment
for purpose of appeal, and
22 any convicted person may appeal from such
conviction, as provided by
23 law, without regard to whether such person
has applied for probation,
24 suspended sentence or assignment to a
community correctional services
25 program.
26 (j) When it is
provided by law that a person shall be sentenced pur-
27 suant to K.S.A. 21-4628, and amendments
thereto, the provisions of this
28 section shall not apply.
29 (k) The
provisions of this section shall apply to crimes committed
30 before July 1, 1993.
31 Sec.
3. K.S.A. 1999 Supp. 21-4603d is hereby amended to read as
32 follows: 21-4603d. (a) Whenever any person
has been found guilty of a
33 crime, the court may adjudge any of the
following:
34 (1) Commit the
defendant to the custody of the secretary of correc-
35 tions if the current crime of conviction is
a felony and the sentence pre-
36 sumes imprisonment, or the sentence imposed
is a dispositional departure
37 to imprisonment; or, if confinement is for
a misdemeanor, to jail for the
38 term provided by law;
39 (2) impose the
fine applicable to the offense;
40 (3) release the
defendant on probation if the current crime of con-
41 viction and criminal history fall within a
presumptive nonprison category
42 or through a departure for substantial and
compelling reasons subject to
43 such conditions as the court may deem
appropriate. In felony cases except
8
1 for violations of K.S.A. 8-1567 and
amendments thereto, the court may
2 include confinement in a county jail
not to exceed 30 days, which need
3 not be served consecutively, as a
condition of probation or community
4 corrections placement;
5 (4) assign
the defendant to a community correctional services pro-
6 gram in presumptive nonprison
cases as provided in K.S.A. 75-5291, and
7 amendments thereto, or through
a departure for substantial and compel-
8 ling reasons subject to such
conditions as the court may deem appropriate,
9 including orders requiring full or
partial restitution;
10 (5) assign the
defendant to a conservation camp for a period not to
11 exceed six months as a condition of
probation followed by a six-month
12 period of follow-up through adult intensive
supervision by a community
13 correctional services program, if the
offender successfully completes the
14 conservation camp program;
15 (6) assign the
defendant to a house arrest program pursuant to K.S.A.
16 21-4603b and amendments thereto;
17 (7) order the
defendant to attend and satisfactorily complete an al-
18 cohol or drug education or training program
as provided by subsection
19 (3) of K.S.A. 21-4502 and amendments
thereto;
20 (8) order the
defendant to repay the amount of any reward paid by
21 any crime stoppers chapter, individual,
corporation or public entity which
22 materially aided in the apprehension or
conviction of the defendant; repay
23 the amount of any costs and expenses
incurred by any law enforcement
24 agency in the apprehension of the
defendant, if one of the current crimes
25 of conviction of the defendant includes
escape, as defined in K.S.A. 21-
26 3809 and amendments thereto or aggravated
escape, as defined in K.S.A.
27 21-3810 and amendments thereto; or repay
the amount of any public
28 funds utilized by a law enforcement agency
to purchase controlled sub-
29 stances from the defendant during the
investigation which leads to the
30 defendant's conviction. Such repayment of
the amount of any such costs
31 and expenses incurred by a law enforcement
agency or any public funds
32 utilized by a law enforcement agency shall
be deposited and credited to
33 the same fund from which the public funds
were credited to prior to use
34 by the law enforcement agency;
35 (9) order the
defendant to pay the administrative fee authorized by
36 K.S.A. 1999 Supp. 22-4529 and amendments
thereto, unless waived by
37 the court;
38 (10) impose any
appropriate combination of (1), (2), (3), (4), (5), (6),
39 (7), (8) and (9); or
40 (11) suspend
imposition of sentence in misdemeanor cases.
41 In addition to or in
lieu of any of the above, the court shall order the
42 defendant to pay restitution, which shall
include, but not be limited to,
43 damage or loss caused by the defendant's
crime, unless the court finds
9
1 compelling circumstances which would
render a plan of restitution un-
2 workable. If the court finds a plan
of restitution unworkable, the court
3 shall state on the record in detail
the reasons therefor.
4 If the court
orders restitution, the restitution shall be a judgment
5 against the defendant which may be
collected by the court by garnishment
6 or other execution as on judgments in
civil cases. If, after 60 days from
7 the date restitution is ordered by
the court, a defendant is found to be in
8 noncompliance with the plan
established by the court for payment of
9 restitution, and the victim to whom
restitution is ordered paid has not
10 initiated proceedings in accordance with
K.S.A. 60-4301 et seq. and
11 amendments thereto, the court shall assign
an agent procured by the
12 attorney general pursuant to K.S.A. 75-719
and amendments thereto to
13 collect the restitution on behalf of the
victim. The administrative judge
14 of each judicial district may assign such
cases to an appropriate division
15 of the court for the conduct of civil
collection proceedings.
16 In addition to or in
lieu of any of the above, the court shall order the
17 defendant to submit to and complete an
alcohol and drug evaluation, and
18 pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502
19 and amendments thereto.
20 In addition to any of
the above, the court shall order the defendant to
21 reimburse the county general fund for all
or a part of the expenditures
22 by the county to provide counsel and other
defense services to the de-
23 fendant. Any such reimbursement to the
county shall be paid only after
24 any order for restitution has been paid in
full. In determining the amount
25 and method of payment of such sum, the
court shall take account of the
26 financial resources of the defendant and
the nature of the burden that
27 payment of such sum will impose. A
defendant who has been required
28 to pay such sum and who is not willfully in
default in the payment thereof
29 may at any time petition the court which
sentenced the defendant to
30 waive payment of such sum or any unpaid
portion thereof. If it appears
31 to the satisfaction of the court that
payment of the amount due will im-
32 pose manifest hardship on the defendant or
the defendant's immediate
33 family, the court may waive payment of all
or part of the amount due or
34 modify the method of payment.
35 In imposing a fine the
court may authorize the payment thereof in
36 installments. In releasing a defendant on
probation, the court shall direct
37 that the defendant be under the supervision
of a court services officer. If
38 the court commits the defendant to the
custody of the secretary of cor-
39 rections or to jail, the court may specify
in its order the amount of res-
40 titution to be paid and the person to whom
it shall be paid if restitution
41 is later ordered as a condition of parole
or conditional release.
42 When a new felony is
committed while the offender is incarcerated
43 and serving a sentence for a felony or
while the offender is on probation,
10
1 assignment to a community
correctional services program, parole, con-
2 ditional release, or postrelease
supervision for a felony, a new sentence
3 shall be imposed pursuant to the
consecutive sentencing requirements of
4 K.S.A. 21-4608, and amendments
thereto, and the court may sentence
5 the offender to imprisonment for the
new conviction, even when the new
6 crime of conviction otherwise
presumes a nonprison sentence. In this
7 event, imposition of a prison
sentence for the new crime does not con-
8 stitute a departure. When a new
felony is committed while the offender
9 is on release for a felony pursuant
to the provisions of article 28 of chapter
10 22 of the Kansas Statutes Annotated, a new
sentence may be imposed
11 pursuant to the consecutive sentencing
requirements of K.S.A. 21-4608
12 and amendments thereto, and the court may
sentence the offender to
13 imprisonment for the new conviction, even
when the new crime of con-
14 viction otherwise presumes a nonprison
sentence. In this event, imposi-
15 tion of a prison sentence for the new crime
does not constitute a
16 departure.
17 Prior to imposing a
dispositional departure for a defendant whose of-
18 fense is classified in the presumptive
nonprison grid block of either sen-
19 tencing guideline grid, prior to sentencing
a defendant to incarceration
20 whose offense is classified in grid blocks
5-H, 5-I or 6-G of the sentencing
21 guidelines grid for nondrug crimes or in
grid blocks 3-E, 3-F, 3-G, 3-H,
22 3-I, 4-E or 4-F of the sentencing
guidelines grid for drug crimes, or prior
23 to revocation of a nonprison sanction of a
defendant whose offense is
24 classified in the presumptive nonprison
grid block of either sentencing
25 guideline grid or grid blocks 5-H, 5-I or
6-G of the sentencing guidelines
26 grid for nondrug crimes or in grid blocks
3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
27 4-F of the sentencing guidelines grid for
drug crimes, the court shall
28 consider placement of the defendant in the
Labette correctional conser-
29 vation camp, conservation camps established
by the secretary of correc-
30 tions pursuant to K.S.A. 75-52,127, and
amendment thereto or a com-
31 munity intermediate sanction center.
Pursuant to this paragraph the
32 defendant shall not be sentenced to
imprisonment if space is available in
33 a conservation camp or a community
intermediate sanction center and
34 the defendant meets all of the conservation
camp's or a community in-
35 termediate sanction center's placement
criteria unless the court states on
36 the record the reasons for not placing the
defendant in a conservation
37 camp or a community intermediate sanction
center.
38 The court in
committing a defendant to the custody of the secretary of
39 corrections shall fix a term of confinement
within the limits provided by
40 law. In those cases where the law does not
fix a term of confinement for
41 the crime for which the defendant was
convicted, the court shall fix the
42 term of such confinement.
43 In addition to any of
the above, the court shall order the defendant to
11
1 reimburse the state general fund for
all or a part of the expenditures by
2 the state board of indigents' defense
services to provide counsel and other
3 defense services to the defendant. In
determining the amount and
4 method of payment of such sum, the
court shall take account of the
5 financial resources of the defendant
and the nature of the burden that
6 payment of such sum will impose. A
defendant who has been required
7 to pay such sum and who is not
willfully in default in the payment thereof
8 may at any time petition the court
which sentenced the defendant to
9 waive payment of such sum or any
unpaid portion thereof. If it appears
10 to the satisfaction of the court that
payment of the amount due will im-
11 pose manifest hardship on the defendant or
the defendant's immediate
12 family, the court may waive payment of all
or part of the amount due or
13 modify the method of payment. The amount of
attorney fees to be in-
14 cluded in the court order for reimbursement
shall be the amount claimed
15 by appointed counsel on the payment voucher
for indigents' defense serv-
16 ices or the amount prescribed by the board
of indigents' defense services
17 reimbursement tables as provided in K.S.A.
22-4522, and amendments
18 thereto, whichever is less.
19 (b) Dispositions
which do not involve commitment to the custody of
20 the secretary of corrections shall not
entail the loss by the defendant of
21 any civil rights. Placement of offenders in
a conservation camp established
22 by the secretary of corrections pursuant to
K.S.A. 75-52,127, and amend-
23 ments thereto, as a nonimprisonment
disposition shall not entail the loss
24 by the defendant of any civil rights.
25 (c) This section
shall not deprive the court of any authority conferred
26 by any other Kansas statute to decree a
forfeiture of property, suspend
27 or cancel a license, remove a person from
office, or impose any other civil
28 penalty as a result of conviction of
crime.
29 (d) An
application for or acceptance of probation or assignment to a
30 community correctional services program
shall not constitute an acqui-
31 escence in the judgment for purpose of
appeal, and any convicted person
32 may appeal from such conviction, as
provided by law, without regard to
33 whether such person has applied for
probation, suspended sentence or
34 assignment to a community correctional
services program.
35 (e) The secretary
of corrections is authorized to make direct place-
36 ment to the Labette correctional
conservation camp or a conservation
37 camp established by the secretary pursuant
to K.S.A. 75-52,127, and
38 amendments thereto, of an inmate sentenced
to the secretary's custody
39 if the inmate: (1) Has been sentenced to
the secretary for a probation
40 revocation, as a departure from the
presumptive nonimprisonment grid
41 block of either sentencing grid, or for an
offense which is classified in
42 grid blocks 5-H, 5-I, or 6-G of the
sentencing guidelines grid for nondrug
43 crimes or in grid blocks 3-E, 3-F, 3-G,
3-H, 3-I, 4-E, or 4-F of the sen-
12
1 tencing guidelines grid for drug
crimes; and (2) otherwise meets admis-
2 sion criteria of the camp. If the
inmate successfully completes the six-
3 month conservation camp program, the
secretary of corrections shall
4 report such completion to the
sentencing court and the county or district
5 attorney. The inmate shall then be
assigned by the court to six months of
6 follow-up supervision conducted by
the appropriate community correc-
7 tions services program. The court may
also order that supervision con-
8 tinue thereafter for the length of
time authorized by K.S.A. 21-4611 and
9 amendments thereto.
10 (f) When it is
provided by law that a person shall be sentenced pur-
11 suant to K.S.A. 1993 Supp. 21-4628, prior
to its repeal, the provisions of
12 this section shall not apply.
13 Sec.
4. K.S.A. 21-4606b is hereby amended to read as follows:
21-
14 4606b. (a) If probation is not granted
pursuant to K.S.A. 21-4606a, and
15 amendments thereto, subject to the
provisions of K.S.A. 75-5291, and
16 amendments thereto, the presumptive
sentence for a person convicted of
17 a class D or E felony shall be assignment
to a community correctional
18 services program on terms the court
determines.
19 (b) In
determining whether to impose the presumptive sentence pro-
20 vided by this section, the court shall
consider whether any of the following
21 aggravating circumstances existed:
22 (1) Whether the
crime is a felony violation of the uniform controlled
23 substances act or an attempt to commit such
an offense;
24 (2) whether the
crime is a crime specified in article 34, 35 or 36 of
25 chapter 21 of the Kansas Statutes Annotated
or an attempt to commit
26 such an offense; or
27 (3) any prior
record of the person's having been convicted of a felony
28 or having been adjudicated to have
committed, while a juvenile, an of-
29 fense which would constitute a felony if
committed by an adult.
30 (c) The
provisions of this section shall not apply to crimes committed
31 on or after July 1, 1993.
32 Sec.
5. K.S.A. 1999 Supp. 21-4610 is hereby amended to read as
33 follows: 21-4610. (a) Except as required by
this subsection and subsection
34 (d), nothing in this section shall be
construed to limit the authority of the
35 court to impose or modify any general or
specific conditions of probation,
36 suspension of sentence or assignment to a
community correctional serv-
37 ices program, except that the court shall
condition any order granting
38 probation, suspension of sentence or
assignment to a community correc-
39 tional services program on the defendant's
obedience of the laws of the
40 United States, the state of Kansas and any
other jurisdiction to the laws
41 of which the defendant may be subject.
The provisions of K.S.A. 75-5291,
42 and amendments thereto, shall be
applicable to any assignment to a com-
43 munity correctional services program
pursuant to this section.
13
1 (b) The
court services officer or community correctional services of-
2 ficer may recommend, and the court
may order, the imposition of any
3 conditions of probation, suspension
of sentence or assignment to a com-
4 munity correctional services program.
For crimes committed on or after
5 July 1, 1993, in presumptive
nonprison cases, the court services officer
6 or community correctional services
officer may recommend, and the
7 court may order, the imposition of
any conditions of probation or assign-
8 ment to a community correctional
services program. The court may at
9 any time order the modification of
such conditions, after notice to the
10 court services officer or community
correctional services officer and an
11 opportunity for such officer to be heard
thereon. The court shall cause a
12 copy of any such order to be delivered to
the court services officer and
13 the probationer or to the community
correctional services officer and the
14 community corrections participant, as the
case may be. The provisions of
15 K.S.A. 75-5291, and amendments thereto,
shall be applicable to any as-
16 signment to a community correctional
services program pursuant to this
17 section.
18 (c) The court may
impose any conditions of probation, suspension of
19 sentence or assignment to a community
correctional services program
20 that the court deems proper, including but
not limited to requiring that
21 the defendant:
22 (1) Avoid such
injurious or vicious habits, as directed by the court,
23 court services officer or community
correctional services officer;
24 (2) avoid such
persons or places of disreputable or harmful character,
25 as directed by the court, court services
officer or community correctional
26 services officer;
27 (3) report to the
court services officer or community correctional
28 services officer as directed;
29 (4) permit the
court services officer or community correctional serv-
30 ices officer to visit the defendant at home
or elsewhere;
31 (5) work
faithfully at suitable employment insofar as possible;
32 (6) remain within
the state unless the court grants permission to
33 leave;
34 (7) pay a fine or
costs, applicable to the offense, in one or several
35 sums and in the manner as directed by the
court;
36 (8) support the
defendant's dependents;
37 (9) reside in a
residential facility located in the community and par-
38 ticipate in educational, counseling, work
and other correctional or reha-
39 bilitative programs;
40 (10) perform
community or public service work for local govern-
41 mental agencies, private corporations
organized not for profit, or chari-
42 table or social service organizations
performing services for the
43 community;
14
1
(11) perform services under a system of day fines whereby the
de-
2 fendant is required to satisfy fines,
costs or reparation or restitution ob-
3 ligations by performing services for
a period of days determined by the
4 court on the basis of ability to pay,
standard of living, support obligations
5 and other factors;
6
(12) participate in a house arrest program pursuant to K.S.A.
21-
7 4603b, and amendments thereto;
8 (13) order
the defendant to pay the administrative fee authorized by
9 K.S.A. 1999 Supp. 22-4529, unless
waived by the court; or
10 (14) in felony
cases, except for violations of K.S.A. 8-1567 and amend-
11 ments thereto, be confined in a county jail
not to exceed 30 days, which
12 need not be served consecutively.
13 (d) In addition
to any other conditions of probation, suspension of
14 sentence or assignment to a community
correctional services program,
15 the court shall order the defendant to
comply with each of the following
16 conditions:
17 (1) Make
reparation or restitution to the aggrieved party for the dam-
18 age or loss caused by the defendant's
crime, in an amount and manner
19 determined by the court and to the person
specified by the court, unless
20 the court finds compelling circumstances
which would render a plan of
21 restitution unworkable. If the court finds
a plan of restitution unworkable,
22 the court shall state on the record in
detail the reasons therefor;
23 (2) pay the
probation or community correctional services fee pursu-
24 ant to K.S.A. 21-4610a, and amendments
thereto; and
25 (3) reimburse the
state general fund for all or a part of the expendi-
26 tures by the state board of indigents'
defense services to provide counsel
27 and other defense services to the
defendant. In determining the amount
28 and method of payment of such sum, the
court shall take account of the
29 financial resources of the defendant and
the nature of the burden that
30 payment of such sum will impose. A
defendant who has been required
31 to pay such sum and who is not willfully in
default in the payment thereof
32 may at any time petition the court which
sentenced the defendant to
33 waive payment of such sum or of any unpaid
portion thereof. If it appears
34 to the satisfaction of the court that
payment of the amount due will im-
35 pose manifest hardship on the defendant or
the defendant's immediate
36 family, the court may waive payment of all
or part of the amount due or
37 modify the method of payment. The amount of
attorney fees to be in-
38 cluded in the court order for reimbursement
shall be the amount claimed
39 by appointed counsel on the payment voucher
for indigents' defense serv-
40 ices or the amount prescribed by the board
of indigents' defense services
41 reimbursement tables as provided in K.S.A.
22-4522, and amendments
42 thereto, whichever is less.
43 Sec.
6. K.S.A. 1999 Supp. 21-4611 is hereby amended to read as
15
1 follows: 21-4611. (a) The period of
suspension of sentence, probation or
2 assignment to community corrections
fixed by the court shall not exceed
3 five years in felony cases involving
crimes committed prior to July 1, 1993,
4 or two years in misdemeanor cases,
subject to renewal and extension for
5 additional fixed periods not
exceeding five years in such felony cases, nor
6 two years in misdemeanor cases. In no
event shall the total period of
7 probation, suspension of sentence or
assignment to community correc-
8 tions for a felony committed prior to
July 1, 1993, exceed the greatest
9 maximum term provided by law for the
crime, except that where the
10 defendant is convicted of nonsupport of a
child, the period may be con-
11 tinued as long as the responsibility for
support continues. Probation, sus-
12 pension of sentence or assignment to
community corrections may be ter-
13 minated by the court at any time and upon
such termination or upon
14 termination by expiration of the term of
probation, suspension of sentence
15 or assignment to community corrections, an
order to this effect shall be
16 entered by the court. The provisions of
K.S.A. 75-5291, and amendments
17 thereto, shall be applicable to any
assignment to a community correctional
18 services program pursuant to this
section.
19 (b) The district
court having jurisdiction of the offender may parole
20 any misdemeanant sentenced to confinement
in the county jail. The pe-
21 riod of such parole shall be fixed by the
court and shall not exceed two
22 years and shall be terminated in the manner
provided for termination of
23 suspended sentence and probation.
24 (c) For all
crimes committed on or after July 1, 1993, the recom-
25 mended duration of probation in all felony
cases is as follows:
26 (1) For nondrug
crimes:
27 (A) Thirty-six
months for crimes in crime severity levels 1 through 5;
28 and
29 (B) 24 months for
crimes in crime severity levels 6 through 10; and
30 (2) for drug
crimes:
31 (A) Thirty-six
months for crimes in crime severity levels 1 through 3;
32 and
33 (B) 24 months for
crimes in crime severity level 4.
34 (3) Except as
provided in subsections (c)(4) and (c)(5), the total pe-
35 riod in all cases shall not exceed 60
months, or the maximum period of
36 the prison sentence that could be imposed
whichever is longer. Nonprison
37 sentences may be terminated by the court at
any time.
38 (4) If the
defendant is convicted of nonsupport of a child, the period
39 may be continued as long as the
responsibility for support continues. If
40 the defendant is ordered to pay full or
partial restitution, the period may
41 be continued as long as the amount of
restitution ordered has not been
42 paid.
43 (5) The court may
modify or extend the offender's period of super-
16
1 vision, pursuant to a modification
hearing and a judicial finding of neces-
2 sity. Such extensions may be made for
a maximum period of five years or
3 the maximum period of the prison
sentence that could be imposed,
4 whichever is longer, inclusive of the
original supervision term.
5 Sec.
7. K.S.A. 22-3431 is hereby amended to read as follows:
22-
6 3431. (a) Whenever it appears to the
chief medical officer of the insti-
7 tution to which a defendant has been
committed under K.S.A. 22-3430
8 and amendments thereto, that the
defendant will not be improved by
9 further detention in such
institution, the chief medical officer shall give
10 written notice thereof to the district
court where the defendant was con-
11 victed. Such notice shall include, but not
be limited to: (1) Identification
12 of the patient; (2) the course of
treatment; (3) a current assessment of
13 the defendant's psychiatric condition; (4)
recommendations for future
14 treatment, if any; and (5) recommendations
regarding discharge, if any.
15 (b) Upon
receiving such notice, the district court shall order that a
16 hearing be held. The court shall give
notice of the hearing to: (1) The
17 state hospital or state security hospital
where the defendant is under com-
18 mitment; (2) the district or county
attorney of the county from which the
19 defendant was originally committed; (3) the
defendant; and (4) the de-
20 fendant's attorney. The court shall inform
the defendant that such de-
21 fendant is entitled to counsel and that
counsel will be appointed to rep-
22 resent the defendant if the defendant is
not financially able to employ an
23 attorney as provided in K.S.A. 22-4503 et
seq. and amendments thereto.
24 The hearing shall be held within 30 days
after the receipt by the court of
25 the chief medical officer's notice.
26 (c) At the
hearing, the defendant shall be sentenced, committed,
27 granted probation, assigned to a community
correctional services pro-
28 gram, if provided by K.S.A. 75-5291 and
amendments thereto, or dis-
29 charged as the court deems best under the
circumstance. The time spent
30 in a state or local institution pursuant to
a commitment under K.S.A. 22-
31 3430 and amendments thereto shall be
credited against any sentence,
32 confinement or imprisonment imposed on the
defendant.
33 Sec. 8. K.S.A. 21-4606b and
22-3431 and K.S.A. 1999 Supp. 21-4603,
34 21-4603d, 21-4610, 21-4611 and 75-5291 are
hereby repealed.
35 Sec. 9. This act shall
take effect and be in force from and after Jan-
36 uary 1, 2001, and its
publication in the statute book.