[As Amended by House Committee of the Whole]

As Amended by House Committee

As Amended by Senate Committee

Session of 2000
SENATE BILL No. 491 By Committee on Judiciary 1-26

12 AN ACT concerning crimes, criminal procedure and punishment; relat-
13 ing to probation and suspension of sentence, jail confinement; condi-
14 tional violators, dispositions; postrelease supervision; placement of in-
15 mates; amending K.S.A. 21-4602 ~~and~~, 22-3716 and 75-52,129 and
16 K.S.A. 1999 Supp. 21-4603, 21-4603d, 21-4610 and 22-3717 and re-
17 pealing the existing sections.
18
19 Be it enacted by the Legislature of the State of Kansas:
20 Section 1. On and after July 1, 2000, K.S.A. 21-4602 is hereby
21 amended to read as follows: 21-4602. As used in K.S.A. 21-4601 through
22 21-4621, and amendments thereto:
23 (a) ``Court'' means any court having jurisdiction and power to sen-
24 tence offenders for violations of the laws of this state.
25 (b) ``Suspension of sentence'' means a procedure under which a de-
26 fendant, found guilty of a crime, upon verdict or plea, is released by the
27 court without imposition of sentence. The release may be with or without
28 supervision in the discretion of the court. In felony cases, the court may
29 include confinement in a county jail not to exceed 30 120 days, which
30 need not be served consecutively, as a condition of suspension of sentence
31 pursuant to subsection (b)(4) of K.S.A. 21-4603 and amendments thereto.
32 [In such cases where confinement in a county jail exceeds 30 days,
33 the secretary of corrections shall reimburse such county at the rate
34 of $45 per day for days of confinement exceeding 30 days.]
35 (c) ``Probation'' means a procedure under which a defendant, found
36 guilty of a crime upon verdict or plea, is released by the court after im-
37 position of sentence, without imprisonment except as provided in felony
38 cases, subject to conditions imposed by the court and subject to the su-
39 pervision of the probation service of the court or community corrections.
40 In felony cases, the court may include confinement in a county jail not
41 to exceed 30 120 days, which need not be served consecutively, as a

2
1 condition of probation pursuant to subsection (b)(3) of K.S.A. 21-4603
2 and amendments thereto.
3 (d) ``Parole'' means the release of a prisoner to the community by the
4 Kansas parole board prior to the expiration of such prisoner's term, sub-
5 ject to conditions imposed by the board and to the secretary of correc-
6 tion's supervision. Parole also means the release by a court of competent
7 jurisdiction of a person confined in the county jail or other local place of
8 detention after conviction and prior to expiration of such person's term,
9 subject to conditions imposed by the court and its supervision. Where a
10 court or other authority has filed a warrant against the prisoner, the Kan-
11 sas parole board or paroling court may release the prisoner on parole to
12 answer the warrant of such court or authority.
13 (e) ``Correctional institution'' means the Lansing correctional facility,
14 Hutchinson correctional facility, Topeka correctional facility, Norton cor-
15 rectional facility, Ellsworth correctional facility, Winfield correctional fa-
16 cility, Osawatomie correctional facility, Larned correctional mental health
17 facility, Toronto correctional work facility, Stockton correctional facility,
18 Wichita work release facility, El Dorado correctional facility, and any
19 other correctional institution established by the state for the confinement
20 of offenders, and under control of the secretary of corrections.
21 (f) ``Community correctional services program'' means a program
22 which operates under the community corrections act and to which a de-
23 fendant is assigned for supervision, confinement, detention, care or treat-
24 ment, subject to conditions imposed by the court. A defendant assigned
25 to a community correctional services program shall be subject to the con-
26 tinuing jurisdiction of the court and in no event shall be considered to be
27 in the custody of or under the supervision of the secretary of corrections.
28 (g) ``Postrelease supervision,'' for crimes committed on or after July
29 1, 1993, means the same as provided in K.S.A. 21-4703 and amendments
30 thereto.
31 Sec. 2. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4603 is
32 hereby amended to read as follows: 21-4603. (a) Whenever any person
33 has been found guilty of a crime and the court finds that an adequate
34 presentence investigation cannot be conducted by resources available
35 within the judicial district, including mental health centers and mental
36 health clinics, the court may require that a presentence investigation be
37 conducted by the Topeka correctional facility or by the state security
38 hospital. If the offender is sent to the Topeka correctional facility or the
39 state security hospital for a presentence investigation under this section,
40 the correctional facility or hospital may keep the offender confined for a
41 maximum of 60 days, except that an inmate may be held for a longer
42 period of time on order of the secretary, or until the court calls for the
43 return of the offender. While held at the Topeka correctional facility or

3
1 the state security hospital the defendant may be treated the same as any
2 person committed to the secretary of corrections or secretary of social
3 and rehabilitation services for purposes of maintaining security and con-
4 trol, discipline, and emergency medical or psychiatric treatment, and gen-
5 eral population management except that no such person shall be trans-
6 ferred out of the state or to a federal institution or to any other location
7 unless the transfer is between the correctional facility and the state se-
8 curity hospital. The correctional facility or the state security hospital shall
9 compile a complete mental and physical evaluation of such offender and
10 shall make its findings and recommendations known to the court in the
11 presentence report.
12 (b) Except as provided in subsection (c), whenever any person has
13 been found guilty of a crime, the court may adjudge any of the following:
14 (1) Commit the defendant to the custody of the secretary of correc-
15 tions or, if confinement is for a term less than one year, to jail for the
16 term provided by law;
17 (2) impose the fine applicable to the offense;
18 (3) release the defendant on probation subject to such conditions as
19 the court may deem appropriate, including orders requiring full or partial
20 restitution. In felony cases, the court may include confinement in a county
21 jail not to exceed 30 120 days, which need not be served consecutively,
22 as a condition of probation;
23 (4) suspend the imposition of the sentence subject to such conditions
24 as the court may deem appropriate, including orders requiring full or
25 partial restitution. In felony cases, the court may include confinement in
26 a county jail not to exceed 30 120 days, which need not be served con-
27 secutively, as a condition of suspension of sentence;
28 (5) assign the defendant to a community correctional services pro-
29 gram subject to such conditions as the court may deem appropriate, in-
30 cluding orders requiring full or partial restitution;
31 (6) assign the defendant to a conservation camp for a period not to
32 exceed six months;
33 (7) assign the defendant to a house arrest program pursuant to K.S.A.
34 21-4603b and amendments thereto;
35 (8) order the defendant to attend and satisfactorily complete an al-
36 cohol or drug education or training program as provided by subsection
37 (3) of K.S.A. 21-4502 and amendments thereto;
38 (9) order the defendant to pay the administrative fee authorized by
39 K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived by
40 the court; or
41 (10) impose any appropriate combination of subsections (b)(1)
42 through (b)(9).
43 In addition to or in lieu of any of the above, the court shall order the

4
1 defendant to submit to and complete an alcohol and drug evaluation, and
2 pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
3 and amendments thereto.
4 In addition to any of the above, the court shall order the defendant to
5 reimburse the state general fund for all or a part of the expenditures by
6 the state board of indigents' defense services to provide counsel and other
7 defense services to the defendant. In determining the amount and
8 method of payment of such sum, the court shall take account of the
9 financial resources of the defendant and the nature of the burden that
10 payment of such sum will impose. A defendant who has been required
11 to pay such sum and who is not willfully in default in the payment thereof
12 may at any time petition the court which sentenced the defendant to
13 waive payment of such sum or any unpaid portion thereof. If it appears
14 to the satisfaction of the court that payment of the amount due will im-
15 pose manifest hardship on the defendant or the defendant's immediate
16 family, the court may waive payment of all or part of the amount due or
17 modify the method of payment. The amount of attorney fees to be in-
18 cluded in the court order for reimbursement shall be the amount claimed
19 by appointed counsel on the payment voucher for indigents' defense serv-
20 ices or the amount prescribed by the board of indigents' defense services
21 reimbursement tables as provided in K.S.A. 22-4522, and amendments
22 thereto, whichever is less.
23 In imposing a fine the court may authorize the payment thereof in
24 installments. In releasing a defendant on probation, the court shall direct
25 that the defendant be under the supervision of a court services officer. If
26 the court commits the defendant to the custody of the secretary of cor-
27 rections or to jail, the court may specify in its order the amount of res-
28 titution to be paid and the person to whom it shall be paid if restitution
29 is later ordered as a condition of parole or conditional release.
30 The court in committing a defendant to the custody of the secretary of
31 corrections shall fix a maximum term of confinement within the limits
32 provided by law. In those cases where the law does not fix a maximum
33 term of confinement for the crime for which the defendant was convicted,
34 the court shall fix the maximum term of such confinement. In all cases
35 where the defendant is committed to the custody of the secretary of
36 corrections, the court shall fix the minimum term within the limits pro-
37 vided by law.
38 (c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior
39 to its repeal, has been found guilty of a class A or B felony, the court shall
40 commit the defendant to the custody of the secretary of corrections and
41 may impose the fine applicable to the offense.
42 (d) (1) Except when an appeal is taken and determined adversely to
43 the defendant as provided in subsection (d)(2), at any time within 120

5
1 days after a sentence is imposed, after probation or assignment to a com-
2 munity correctional services program has been revoked, the court may
3 modify such sentence, revocation of probation or assignment to a com-
4 munity correctional services program by directing that a less severe pen-
5 alty be imposed in lieu of that originally adjudged within statutory limits
6 and shall modify such sentence if recommended by the Topeka correc-
7 tional facility unless the court finds and sets forth with particularity the
8 reasons for finding that the safety of members of the public will be jeop-
9 ardized or that the welfare of the inmate will not be served by such
10 modification.
11 (2) If an appeal is taken and determined adversely to the defendant,
12 such sentence may be modified within 120 days after the receipt by the
13 clerk of the district court of the mandate from the supreme court or court
14 of appeals.
15 (e) The court shall modify the sentence at any time before the expi-
16 ration thereof when such modification is recommended by the secretary
17 of corrections unless the court finds and sets forth with particularity the
18 reasons for finding that the safety of members of the public will be jeop-
19 ardized or that the welfare of the inmate will not be served by such
20 modification. The court shall have the power to impose a less severe
21 penalty upon the inmate, including the power to reduce the minimum
22 below the statutory limit on the minimum term prescribed for the crime
23 of which the inmate has been convicted. The recommendation of the
24 secretary of corrections, the hearing on the recommendation and the
25 order of modification shall be made in open court. Notice of the rec-
26 ommendation of modification of sentence and the time and place of the
27 hearing thereon shall be given by the inmate, or by the inmate's legal
28 counsel, at least 21 days prior to the hearing to the county or district
29 attorney of the county where the inmate was convicted. After receipt of
30 such notice and at least 14 days prior to the hearing, the county or district
31 attorney shall give notice of the recommendation of modification of sen-
32 tence and the time and place of the hearing thereon to any victim of the
33 inmate's crime who is alive and whose address is known to the county or
34 district attorney or, if the victim is deceased, to the victim's next of kin if
35 the next of kin's address is known to the county or district attorney. Proof
36 of service of each notice required to be given by this subsection shall be
37 filed with the court.
38 (f) After such defendant has been assigned to a conservation camp
39 but prior to the end of 180 days, the chief administrator of such camp
40 shall file a performance report and recommendations with the court. The
41 court shall enter an order based on such report and recommendations
42 modifying the sentence, if appropriate, by sentencing the defendant to
43 any of the authorized dispositions provided in subsection (b), except to

6
1 reassign such person to a conservation camp as provided in subsection
2 (b)(6).
3 (g) Dispositions which do not involve commitment to the custody of
4 the secretary of corrections and commitments which are revoked within
5 120 days shall not entail the loss by the defendant of any civil rights.
6 Placement of offenders pursuant to subsection (b)(6) in a conservation
7 camp established by the secretary of corrections shall not entail the loss
8 by the defendant of any civil rights.
9 (h) This section shall not deprive the court of any authority conferred
10 by any other Kansas statute to decree a forfeiture of property, suspend
11 or cancel a license, remove a person from office, or impose any other civil
12 penalty as a result of conviction of crime.
13 (i) An application for or acceptance of probation, suspended sentence
14 or assignment to a community correctional services program shall not
15 constitute an acquiescence in the judgment for purpose of appeal, and
16 any convicted person may appeal from such conviction, as provided by
17 law, without regard to whether such person has applied for probation,
18 suspended sentence or assignment to a community correctional services
19 program.
20 (j) When it is provided by law that a person shall be sentenced pur-
21 suant to K.S.A. 21-4628, and amendments thereto, the provisions of this
22 section shall not apply.
23 (k) The provisions of this section shall apply to crimes committed
24 before July 1, 1993.
25 Sec. 3. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4603d is
26 hereby amended to read as follows: 21-4603d. (a) Whenever any person
27 has been found guilty of a crime, the court may adjudge any of the
28 following:
29 (1) Commit the defendant to the custody of the secretary of correc-
30 tions if the current crime of conviction is a felony and the sentence pre-
31 sumes imprisonment, or the sentence imposed is a dispositional departure
32 to imprisonment; or, if confinement is for a misdemeanor, to jail for the
33 term provided by law;
34 (2) impose the fine applicable to the offense;
35 (3) release the defendant on probation if the current crime of con-
36 viction and criminal history fall within a presumptive nonprison category
37 or through a departure for substantial and compelling reasons subject to
38 such conditions as the court may deem appropriate. In felony cases except
39 for violations of K.S.A. 8-1567 and amendments thereto, the court may
40 include confinement in a county jail not to exceed 30 120 days, which
41 need not be served consecutively, as a condition of probation or com-
42 munity corrections placement;
43 (4) assign the defendant to a community correctional services pro-

7
1 gram in presumptive nonprison cases or through a departure for substan-
2 tial and compelling reasons subject to such conditions as the court may
3 deem appropriate, including orders requiring full or partial restitution;
4 (5) assign the defendant to a conservation camp for a period not to
5 exceed six months as a condition of probation followed by a six-month
6 period of follow-up through adult intensive supervision by a community
7 correctional services program, if the offender successfully completes the
8 conservation camp program;
9 (6) assign the defendant to a house arrest program pursuant to K.S.A.
10 21-4603b and amendments thereto;
11 (7) order the defendant to attend and satisfactorily complete an al-
12 cohol or drug education or training program as provided by subsection
13 (3) of K.S.A. 21-4502 and amendments thereto;
14 (8) order the defendant to repay the amount of any reward paid by
15 any crime stoppers chapter, individual, corporation or public entity which
16 materially aided in the apprehension or conviction of the defendant; repay
17 the amount of any costs and expenses incurred by any law enforcement
18 agency in the apprehension of the defendant, if one of the current crimes
19 of conviction of the defendant includes escape, as defined in K.S.A. 21-
20 3809 and amendments thereto or aggravated escape, as defined in K.S.A.
21 21-3810 and amendments thereto; or repay the amount of any public
22 funds utilized by a law enforcement agency to purchase controlled sub-
23 stances from the defendant during the investigation which leads to the
24 defendant's conviction. Such repayment of the amount of any such costs
25 and expenses incurred by a law enforcement agency or any public funds
26 utilized by a law enforcement agency shall be deposited and credited to
27 the same fund from which the public funds were credited to prior to use
28 by the law enforcement agency;
29 (9) order the defendant to pay the administrative fee authorized by
30 K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived by
31 the court;
32 (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
33 (7), (8) and (9); or
34 (11) suspend imposition of sentence in misdemeanor cases.
35 In addition to or in lieu of any of the above, the court shall order the
36 defendant to pay restitution, which shall include, but not be limited to,
37 damage or loss caused by the defendant's crime, unless the court finds
38 compelling circumstances which would render a plan of restitution un-
39 workable. If the court finds a plan of restitution unworkable, the court
40 shall state on the record in detail the reasons therefor.
41 If the court orders restitution, the restitution shall be a judgment
42 against the defendant which may be collected by the court by garnishment
43 or other execution as on judgments in civil cases. If, after 60 days from

8
1 the date restitution is ordered by the court, a defendant is found to be in
2 noncompliance with the plan established by the court for payment of
3 restitution, and the victim to whom restitution is ordered paid has not
4 initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
5 amendments thereto, the court shall assign an agent procured by the
6 attorney general pursuant to K.S.A. 75-719 and amendments thereto to
7 collect the restitution on behalf of the victim. The administrative judge
8 of each judicial district may assign such cases to an appropriate division
9 of the court for the conduct of civil collection proceedings.
10 In addition to or in lieu of any of the above, the court shall order the
11 defendant to submit to and complete an alcohol and drug evaluation, and
12 pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
13 and amendments thereto.
14 In addition to any of the above, the court shall order the defendant to
15 reimburse the county general fund for all or a part of the expenditures
16 by the county to provide counsel and other defense services to the de-
17 fendant. Any such reimbursement to the county shall be paid only after
18 any order for restitution has been paid in full. In determining the amount
19 and method of payment of such sum, the court shall take account of the
20 financial resources of the defendant and the nature of the burden that
21 payment of such sum will impose. A defendant who has been required
22 to pay such sum and who is not willfully in default in the payment thereof
23 may at any time petition the court which sentenced the defendant to
24 waive payment of such sum or any unpaid portion thereof. If it appears
25 to the satisfaction of the court that payment of the amount due will im-
26 pose manifest hardship on the defendant or the defendant's immediate
27 family, the court may waive payment of all or part of the amount due or
28 modify the method of payment.
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 When a new felony is committed while the offender is incarcerated
37 and serving a sentence for a felony or while the offender is on probation,
38 assignment to a community correctional services program, parole, con-
39 ditional release, or postrelease supervision for a felony, a new sentence
40 shall be imposed pursuant to the consecutive sentencing requirements of
41 K.S.A. 21-4608, and amendments thereto, and the court may sentence
42 the offender to imprisonment for the new conviction, even when the new
43 crime of conviction otherwise presumes a nonprison sentence. In this

9
1 event, imposition of a prison sentence for the new crime does not con-
2 stitute a departure. When a new felony is committed while the offender
3 is on release for a felony pursuant to the provisions of article 28 of chapter
4 22 of the Kansas Statutes Annotated, a new sentence may be imposed
5 pursuant to the consecutive sentencing requirements of K.S.A. 21-4608
6 and amendments thereto, and the court may sentence the offender to
7 imprisonment for the new conviction, even when the new crime of con-
8 viction otherwise presumes a nonprison sentence. In this event, imposi-
9 tion of a prison sentence for the new crime does not constitute a
10 departure.
11 Prior to imposing a dispositional departure for a defendant whose of-
12 fense is classified in the presumptive nonprison grid block of either sen-
13 tencing guideline grid, prior to sentencing a defendant to incarceration
14 whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
15 guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H,
16 3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes, or prior
17 to revocation of a nonprison sanction of a defendant whose offense is
18 classified in the presumptive nonprison grid block of either sentencing
19 guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
20 grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
21 4-F of the sentencing guidelines grid for drug crimes, the court shall
22 consider placement of the defendant in the Labette correctional conser-
23 vation camp, conservation camps established by the secretary of correc-
24 tions pursuant to K.S.A. 75-52,127, and amendment thereto or a com-
25 munity intermediate sanction center. Pursuant to this paragraph the
26 defendant shall not be sentenced to imprisonment if space is available in
27 a conservation camp or a community intermediate sanction center and
28 the defendant meets all of the conservation camp's or a community in-
29 termediate sanction center's placement criteria unless the court states on
30 the record the reasons for not placing the defendant in a conservation
31 camp or a community intermediate sanction center.
32 The court in committing a defendant to the custody of the secretary of
33 corrections shall fix a term of confinement within the limits provided by
34 law. In those cases where the law does not fix a term of confinement for
35 the crime for which the defendant was convicted, the court shall fix the
36 term of such confinement.
37 In addition to any of the above, the court shall order the defendant to
38 reimburse the state general fund for all or a part of the expenditures by
39 the state board of indigents' defense services to provide counsel and other
40 defense services to the defendant. In determining the amount and
41 method of payment of such sum, the court shall take account of the
42 financial resources of the defendant and the nature of the burden that
43 payment of such sum will impose. A defendant who has been required

10
1 to pay such sum and who is not willfully in default in the payment thereof
2 may at any time petition the court which sentenced the defendant to
3 waive payment of such sum or any unpaid portion thereof. If it appears
4 to the satisfaction of the court that payment of the amount due will im-
5 pose manifest hardship on the defendant or the defendant's immediate
6 family, the court may waive payment of all or part of the amount due or
7 modify the method of payment. The amount of attorney fees to be in-
8 cluded in the court order for reimbursement shall be the amount claimed
9 by appointed counsel on the payment voucher for indigents' defense serv-
10 ices or the amount prescribed by the board of indigents' defense services
11 reimbursement tables as provided in K.S.A. 22-4522, and amendments
12 thereto, whichever is less.
13 (b) Dispositions which do not involve commitment to the custody of
14 the secretary of corrections shall not entail the loss by the defendant of
15 any civil rights. Placement of offenders in a conservation camp established
16 by the secretary of corrections pursuant to K.S.A. 75-52,127, and amend-
17 ments thereto, as a nonimprisonment disposition shall not entail the loss
18 by the defendant of any civil rights.
19 (c) This section shall not deprive the court of any authority conferred
20 by any other Kansas statute to decree a forfeiture of property, suspend
21 or cancel a license, remove a person from office, or impose any other civil
22 penalty as a result of conviction of crime.
23 (d) An application for or acceptance of probation or assignment to a
24 community correctional services program shall not constitute an acqui-
25 escence in the judgment for purpose of appeal, and any convicted person
26 may appeal from such conviction, as provided by law, without regard to
27 whether such person has applied for probation, suspended sentence or
28 assignment to a community correctional services program.
29 (e) The secretary of corrections is authorized to make direct place-
30 ment to the Labette correctional conservation camp or a conservation
31 camp established by the secretary pursuant to K.S.A. 75-52,127, and
32 amendments thereto, of an inmate sentenced to the secretary's custody
33 if the inmate: (1) Has been sentenced to the secretary for a probation
34 revocation, as a departure from the presumptive nonimprisonment grid
35 block of either sentencing grid, or for an offense which is classified in
36 grid blocks 5-H, 5-I, or 6-G of the sentencing guidelines grid for nondrug
37 crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of the sen-
38 tencing guidelines grid for drug crimes; and (2) otherwise meets admis-
39 sion criteria of the camp. If the inmate successfully completes ~~the six-~~
40 ~~month~~ a conservation camp program, the secretary of corrections shall
41 report such completion to the sentencing court and the county or district
42 attorney. The inmate shall then be assigned by the court to six months of
43 follow-up supervision conducted by the appropriate community correc-

11
1 tions services program. The court may also order that supervision con-
2 tinue thereafter for the length of time authorized by K.S.A. 21-4611 and
3 amendments thereto.
4 (f) When it is provided by law that a person shall be sentenced pur-
5 suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
6 this section shall not apply.
7 Sec. 4. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4610 is
8 hereby amended to read as follows: 21-4610. (a) Except as required by
9 subsection (d), nothing in this section shall be construed to limit the
10 authority of the court to impose or modify any general or specific con-
11 ditions of probation, suspension of sentence or assignment to a commu-
12 nity correctional services program, except that the court shall condition
13 any order granting probation, suspension of sentence or assignment to a
14 community correctional services program on the defendant's obedience
15 of the laws of the United States, the state of Kansas and any other juris-
16 diction to the laws of which the defendant may be subject.
17 (b) The court services officer or community correctional services of-
18 ficer may recommend, and the court may order, the imposition of any
19 conditions of probation, suspension of sentence or assignment to a com-
20 munity correctional services program. For crimes committed on or after
21 July 1, 1993, in presumptive nonprison cases, the court services officer
22 or community correctional services officer may recommend, and the
23 court may order, the imposition of any conditions of probation or assign-
24 ment to a community correctional services program. The court may at
25 any time order the modification of such conditions, after notice to the
26 court services officer or community correctional services officer and an
27 opportunity for such officer to be heard thereon. The court shall cause a
28 copy of any such order to be delivered to the court services officer and
29 the probationer or to the community correctional services officer and the
30 community corrections participant, as the case may be.
31 (c) The court may impose any conditions of probation, suspension of
32 sentence or assignment to a community correctional services program
33 that the court deems proper, including but not limited to requiring that
34 the defendant:
35 (1) Avoid such injurious or vicious habits, as directed by the court,
36 court services officer or community correctional services officer;
37 (2) avoid such persons or places of disreputable or harmful character,
38 as directed by the court, court services officer or community correctional
39 services officer;
40 (3) report to the court services officer or community correctional
41 services officer as directed;
42 (4) permit the court services officer or community correctional serv-
43 ices officer to visit the defendant at home or elsewhere;

12
1 (5) work faithfully at suitable employment insofar as possible;
2 (6) remain within the state unless the court grants permission to
3 leave;
4 (7) pay a fine or costs, applicable to the offense, in one or several
5 sums and in the manner as directed by the court;
6 (8) support the defendant's dependents;
7 (9) reside in a residential facility located in the community and par-
8 ticipate in educational, counseling, work and other correctional or reha-
9 bilitative programs;
10 (10) perform community or public service work for local govern-
11 mental agencies, private corporations organized not for profit, or chari-
12 table or social service organizations performing services for the
13 community;
14 (11) perform services under a system of day fines whereby the de-
15 fendant is required to satisfy fines, costs or reparation or restitution ob-
16 ligations by performing services for a period of days determined by the
17 court on the basis of ability to pay, standard of living, support obligations
18 and other factors;
19 (12) participate in a house arrest program pursuant to K.S.A. 21-
20 4603b, and amendments thereto;
21 (13) order the defendant to pay the administrative fee authorized by
22 K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived by
23 the court; or
24 (14) in felony cases, except for violations of K.S.A. 8-1567 and amend-
25 ments thereto, be confined in a county jail not to exceed 30 120 days,
26 which need not be served consecutively.
27 (d) In addition to any other conditions of probation, suspension of
28 sentence or assignment to a community correctional services program,
29 the court shall order the defendant to comply with each of the following
30 conditions:
31 (1) Make reparation or restitution to the aggrieved party for the dam-
32 age or loss caused by the defendant's crime, in an amount and manner
33 determined by the court and to the person specified by the court, unless
34 the court finds compelling circumstances which would render a plan of
35 restitution unworkable. If the court finds a plan of restitution unworkable,
36 the court shall state on the record in detail the reasons therefor;
37 (2) pay the probation or community correctional services fee pursu-
38 ant to K.S.A. 21-4610a, and amendments thereto; and
39 (3) reimburse the state general fund for all or a part of the expendi-
40 tures by the state board of indigents' defense services to provide counsel
41 and other defense services to the defendant. In determining the amount
42 and method of payment of such sum, the court shall take account of the
43 financial resources of the defendant and the nature of the burden that

13
1 payment of such sum will impose. A defendant who has been required
2 to pay such sum and who is not willfully in default in the payment thereof
3 may at any time petition the court which sentenced the defendant to
4 waive payment of such sum or of any unpaid portion thereof. If it appears
5 to the satisfaction of the court that payment of the amount due will im-
6 pose manifest hardship on the defendant or the defendant's immediate
7 family, the court may waive payment of all or part of the amount due or
8 modify the method of payment. The amount of attorney fees to be in-
9 cluded in the court order for reimbursement shall be the amount claimed
10 by appointed counsel on the payment voucher for indigents' defense serv-
11 ices or the amount prescribed by the board of indigents' defense services
12 reimbursement tables as provided in K.S.A. 22-4522, and amendments
13 thereto, whichever is less.
14 Sec. 5. On and after July 1, 2000, K.S.A. 22-3716 is hereby amended
15 to read as follows: 22-3716. (a) At any time during probation, assignment
16 to a community correctional services program, suspension of sentence or
17 pursuant to subsection (d) for defendants who committed a crime prior
18 to July 1, 1993, and at any time during which a defendant is serving a
19 nonprison sanction for a crime committed on or after July 1, 1993, or
20 pursuant to subsection (d), the court may issue a warrant for the arrest
21 of a defendant for violation of any of the conditions of release or assign-
22 ment, a notice to appear to answer to a charge of violation or a violation
23 of the defendant's nonprison sanction. The notice shall be personally
24 served upon the defendant. The warrant shall authorize all officers named
25 in the warrant to return the defendant to the custody of the court or to
26 any certified detention facility designated by the court. Any court services
27 officer or community correctional services officer may arrest the defend-
28 ant without a warrant or may deputize any other officer with power of
29 arrest to do so by giving the officer a written statement setting forth that
30 the defendant has, in the judgment of the court services officer or com-
31 munity correctional services officer, violated the conditions of the de-
32 fendant's release or a nonprison sanction. The written statement delivered
33 with the defendant by the arresting officer to the official in charge of a
34 county jail or other place of detention shall be sufficient warrant for the
35 detention of the defendant. After making an arrest, the court services
36 officer or community correctional services officer shall present to the
37 detaining authorities a similar statement of the circumstances of violation.
38 Provisions regarding release on bail of persons charged with a crime shall
39 be applicable to defendants arrested under these provisions.
40 (b) Upon arrest and detention pursuant to subsection (a), the court
41 services officer or community correctional services officer shall immedi-
42 ately notify the court and shall submit in writing a report showing in what
43 manner the defendant has violated the conditions of release or assignment

14
1 or a nonprison sanction. Thereupon, or upon an arrest by warrant as
2 provided in this section, the court shall cause the defendant to be brought
3 before it without unnecessary delay for a hearing on the violation charged.
4 The hearing shall be in open court and the state shall have the burden of
5 establishing the violation. The defendant shall have the right to be rep-
6 resented by counsel and shall be informed by the judge that, if the de-
7 fendant is financially unable to obtain counsel, an attorney will be ap-
8 pointed to represent the defendant. The defendant shall have the right
9 to present the testimony of witnesses and other evidence on the defend-
10 ant's behalf. Relevant written statements made under oath may be ad-
11 mitted and considered by the court along with other evidence presented
12 at the hearing. Except as otherwise provided, if the violation is established,
13 the court may continue or revoke the probation, assignment to a com-
14 munity correctional services program, suspension of sentence or nonpri-
15 son sanction and may require the defendant to serve the sentence im-
16 posed, or any lesser sentence, and, if imposition of sentence was
17 suspended, may impose any sentence which might originally have been
18 imposed. Except as otherwise provided, no offender for whom a violation
19 of conditions of release or assignment or a nonprison sanction has been
20 established as provided in this section shall be required to serve any time
21 for the sentence imposed or which might originally have been imposed in
22 a state facility in the custody of the secretary of corrections for such
23 violation, unless such person has already at least one prior assignment to
24 a community correctional services program related to the crime for which
25 the original sentence was imposed, except these provisions shall not apply
26 to offenders who violate a condition of release or assignment or a non-
27 prison sanction by committing a new misdemeanor or felony offense. The
28 court may require an offender for whom a violation of conditions of re-
29 lease or assignment or a nonprison sanction has been established as pro-
30 vided in this section to serve any time for the sentence imposed or which
31 might originally have been imposed in a state facility in the custody of
32 the secretary of corrections without a prior assignment to a community
33 correctional services program if the court finds and sets forth with par-
34 ticularity the reasons for finding that the safety of the members of the
35 public will be jeopardized or that the welfare of the inmate will not be
36 served by such assignment to a community correctional services program.
37 When a new felony is committed while the offender is on probation or
38 assignment to a community correctional services program, the new sen-
39 tence shall be imposed pursuant to the consecutive sentencing require-
40 ments of K.S.A. 21-4608 and amendments thereto, and the court may
41 sentence the offender to imprisonment for the new conviction, even when
42 the new crime of conviction otherwise presumes a nonprison sentence.
43 In this event, imposition of a prison sentence for the new crime does not

15
1 constitute a departure.
2 (c) A defendant who is on probation, assigned to a community cor-
3 rectional services program, under suspension of sentence or serving a
4 nonprison sanction and for whose return a warrant has been issued by
5 the court shall be considered a fugitive from justice if it is found that the
6 warrant cannot be served. If it appears that the defendant has violated
7 the provisions of the defendant's release or assignment or a nonprison
8 sanction, the court shall determine whether the time from the issuing of
9 the warrant to the date of the defendant's arrest, or any part of it, shall
10 be counted as time served on probation, assignment to a community cor-
11 rectional services program, suspended sentence or pursuant to a nonpri-
12 son sanction.
13 (d) The court shall have 30 days following the date probation, assign-
14 ment to a community correctional service program, suspension of sen-
15 tence or a nonprison sanction was to end to issue a warrant for the arrest
16 or notice to appear for the defendant to answer a charge of a violation of
17 the conditions of probation, assignment to a community correctional serv-
18 ice program, suspension of sentence or a nonprison sanction.
19 Sec. 6. K.S.A. 1999 Supp. 22-3717 is hereby amended to read as
20 follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
21 1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
22 4638 and amendments thereto, an inmate, including an inmate sentenced
23 pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
24 parole after serving the entire minimum sentence imposed by the court,
25 less good time credits.
26 (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
27 amendments thereto, an inmate sentenced to imprisonment for the crime
28 of capital murder, or an inmate sentenced for the crime of murder in the
29 first degree based upon a finding of premeditated murder, committed on
30 or after July 1, 1994, shall be eligible for parole after serving 25 years of
31 confinement, without deduction of any good time credits.
32 (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
33 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
34 and amendments thereto, an inmate sentenced to imprisonment for an
35 off-grid offense committed on or after July 1, 1993, but prior to July 1,
36 1999, shall be eligible for parole after serving 15 years of confinement,
37 without deduction of any good time credits and an inmate sentenced to
38 imprisonment for an off-grid offense committed on or after July 1, 1999,
39 shall be eligible for parole after serving 20 years of confinement without
40 deduction of any good time credits.
41 (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
42 repeal, an inmate sentenced for a class A felony committed before July
43 1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and

16
1 amendments thereto, shall be eligible for parole after serving 15 years of
2 confinement, without deduction of any good time credits.
3 (4) An inmate sentenced to imprisonment for a violation of subsec-
4 tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
5 July 1, 1996, but prior to July 1, 1999, shall be eligible for parole after
6 serving 10 years of confinement without deduction of any good time
7 credits.
8 (c) Except as provided in subsection (e), if an inmate is sentenced to
9 imprisonment for more than one crime and the sentences run consecu-
10 tively, the inmate shall be eligible for parole after serving the total of:
11 (1) The aggregate minimum sentences, as determined pursuant to
12 K.S.A. 21-4608 and amendments thereto, less good time credits for those
13 crimes which are not class A felonies; and
14 (2) an additional 15 years, without deduction of good time credits,
15 for each crime which is a class A felony.
16 (d) (1) Persons sentenced for crimes, other than off-grid crimes,
17 committed on or after July 1, 1993, will not be eligible for parole, but will
18 be released to a mandatory period of postrelease supervision upon com-
19 pletion of the prison portion of their sentence as follows:
20 (A) Except as provided in subparagraphs ~~(C) and~~ (D) and (E), persons
21 sentenced for nondrug severity level 1 through 6 4 crimes and drug se-
22 verity levels 1 ~~through 3~~ and 2 crimes must serve 36 months, plus the
23 amount of good time earned and retained pursuant to K.S.A. 21-4722
24 and amendments thereto, on postrelease supervision.
25 (B) Except as provided in subparagraphs (D) and (E), persons sen-
26 tenced for nondrug severity levels 5 and 6 crimes and drug severity level
27 3 crimes must serve 24 months, plus the amount of good time earned and
28 retained pursuant to K.S.A. 21-4722, and amendments thereto, on post-
29 release supervision.
30 (C) Except as provided in subparagraphs ~~(C) and~~ (D) and (E), per-
31 sons sentenced for nondrug severity level 7 through 10 crimes and drug
32 severity level 4 crimes must serve 24 12 months, plus the amount of good
33 time earned and retained pursuant to K.S.A. 21-4722 and amendments
34 thereto, on postrelease supervision.
35 ~~(C)~~ (D) (i) The sentencing judge shall impose the postrelease super-
36 vision period provided in subparagraph (d)(1)(A) or, (d)(1)(B) or
37 (d)(1)(C), unless the judge finds substantial and compelling reasons to
38 impose a departure based upon a finding that the current crime of con-
39 viction was sexually violent or sexually motivated. In that event, departure
40 may be imposed to extend the postrelease supervision to a period of up
41 to 60 months.
42 (ii) If the sentencing judge departs from the presumptive postrelease
43 supervision period, the judge shall state on the record at the time of

17
1 sentencing the substantial and compelling reasons for the departure. De-
2 partures in this section are subject to appeal pursuant to K.S.A. 21-4721
3 and amendments thereto.
4 (iii) In determining whether substantial and compelling reasons exist,
5 the court shall consider:
6 (a) Written briefs or oral arguments submitted by either the defend-
7 ant or the state;
8 (b) any evidence received during the proceeding;
9 (c) the presentence report, the victim's impact statement and any
10 psychological evaluation as ordered by the court pursuant to subsection
11 (e) of K.S.A. 21-4714 and amendments thereto; and
12 (d) any other evidence the court finds trustworthy and reliable.
13 (iv) The sentencing judge may order that a psychological evaluation
14 be prepared and the recommended programming be completed by the
15 offender. The department of corrections or the parole board shall ensure
16 that court ordered sex offender treatment be carried out.
17 (v) In carrying out the provisions of subparagraph ~~(d)(1)(C)~~ (d)(1)(D),
18 the court shall refer to K.S.A. 21-4718 and amendments thereto.
19 (vi) Upon petition, the parole board may provide for early discharge
20 from the postrelease supervision period upon completion of court or-
21 dered programs and completion of the presumptive postrelease super-
22 vision period, as determined by the crime of conviction, pursuant to sub-
23 paragraph (d)(1)(A) ~~or (B)~~, (d)(1)(B) or (D)(1)(C). Early discharge from
24 postrelease supervision is at the discretion of the parole board.
25 (vii) Persons convicted of crimes deemed sexually violent or sexually
26 motivated, shall be registered according to the habitual sex offender reg-
27 istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
28 ~~(D)~~ (E) The period of postrelease supervision provided in subpara-
29 graphs (A) and (B) may be reduced by up to 12 months and the period
30 of postrelease supervision provided in subparagraph (C) may be reduced
31 by up to six months based on the offender's compliance with conditions
32 of supervision and overall performance while on postrelease supervision.
33 The reduction in the supervision period shall be on an earned basis pur-
34 suant to rules and regulations adopted by the secretary of corrections.
35 ~~(E)~~ (F) In cases where sentences for crimes from more than one
36 severity level have been imposed, the offender shall serve the longest
37 period of postrelease supervision as provided by this section available for
38 any crime upon which sentence was imposed irrespective of the severity
39 level of the crime. Supervision periods will not aggregate.
40 (2) As used in this section, ``sexually violent crime'' means:
41 (A) Rape, K.S.A. 21-3502, and amendments thereto;
42 (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
43 thereto;

18
1 (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
2 amendments thereto;
3 (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
4 and amendments thereto;
5 (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
6 thereto;
7 (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
8 thereto;
9 (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
10 amendments thereto;
11 (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
12 thereto;
13 (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
14 thereto;
15 (J) any conviction for a felony offense in effect at any time prior to
16 the effective date of this act, that is comparable to a sexually violent crime
17 as defined in subparagraphs (A) through (I), or any federal or other state
18 conviction for a felony offense that under the laws of this state would be
19 a sexually violent crime as defined in this section;
20 (K) an attempt, conspiracy or criminal solicitation, as defined in
21 K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
22 violent crime as defined in this section; or
23 (L) any act which at the time of sentencing for the offense has been
24 determined beyond a reasonable doubt to have been sexually motivated.
25 As used in this subparagraph, ``sexually motivated'' means that one of the
26 purposes for which the defendant committed the crime was for the pur-
27 pose of the defendant's sexual gratification.
28 (e) If an inmate is sentenced to imprisonment for a crime committed
29 while on parole or conditional release, the inmate shall be eligible for
30 parole as provided by subsection (c), except that the Kansas parole board
31 may postpone the inmate's parole eligibility date by assessing a penalty
32 not exceeding the period of time which could have been assessed if the
33 inmate's parole or conditional release had been violated for reasons other
34 than conviction of a crime.
35 (f) If a person is sentenced to prison for a crime committed on or
36 after July 1, 1993, while on probation, parole, conditional release or in a
37 community corrections program, for a crime committed prior to July 1,
38 1993, and the person is not eligible for retroactive application of the
39 sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
40 4724 and amendments thereto, the new sentence shall not be aggregated
41 with the old sentence, but shall begin when the person is paroled or
42 reaches the conditional release date on the old sentence. If the offender
43 was past the offender's conditional release date at the time the new of-

19
1 fense was committed, the new sentence shall not be aggregated with the
2 old sentence but shall begin when the person is ordered released by the
3 Kansas parole board or reaches the maximum sentence expiration date
4 on the old sentence, whichever is earlier. The new sentence shall then
5 be served as otherwise provided by law. The period of postrelease su-
6 pervision shall be based on the new sentence, except that those offenders
7 whose old sentence is a term of imprisonment for life, imposed pursuant
8 to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
9 sentence with a maximum term of life imprisonment, for which there is
10 no conditional release or maximum sentence expiration date, shall remain
11 on postrelease supervision for life or until discharged from supervision
12 by the Kansas parole board.
13 (g) Subject to the provisions of this section, the Kansas parole board
14 may release on parole those persons confined in institutions who are el-
15 igible for parole when: (1) The board believes that the inmate should be
16 released for hospitalization, for deportation or to answer the warrant or
17 other process of a court and is of the opinion that there is reasonable
18 probability that the inmate can be released without detriment to the com-
19 munity or to the inmate; or (2) the secretary of corrections has reported
20 to the board in writing that the inmate has satisfactorily completed the
21 programs required by any agreement entered under K.S.A. 75-5210a and
22 amendments thereto, or any revision of such agreement, and the board
23 believes that the inmate is able and willing to fulfill the obligations of a
24 law abiding citizen and is of the opinion that there is reasonable proba-
25 bility that the inmate can be released without detriment to the community
26 or to the inmate. Parole shall not be granted as an award of clemency and
27 shall not be considered a reduction of sentence or a pardon.
28 (h) The Kansas parole board shall hold a parole hearing at least the
29 month prior to the month an inmate will be eligible for parole under
30 subsections (a), (b) and (c). At least the month preceding the parole hear-
31 ing, the county or district attorney of the county where the inmate was
32 convicted shall give written notice of the time and place of the public
33 comment sessions for the inmate to any victim of the inmate's crime who
34 is alive and whose address is known to the county or district attorney or,
35 if the victim is deceased, to the victim's family if the family's address is
36 known to the county or district attorney. Except as otherwise provided,
37 failure to notify pursuant to this section shall not be a reason to postpone
38 a parole hearing. In the case of any inmate convicted of a class A felony
39 the secretary of corrections shall give written notice of the time and place
40 of the public comment session for such inmate at least one month pre-
41 ceding the public comment session to any victim of such inmate's crime
42 or the victim's family pursuant to K.S.A. 74-7338 and amendments
43 thereto. If notification is not given to such victim or such victim's family

20
1 in the case of any inmate convicted of a class A felony, the board shall
2 postpone a decision on parole of the inmate to a time at least 30 days
3 after notification is given as provided in this section. Nothing in this sec-
4 tion shall create a cause of action against the state or an employee of the
5 state acting within the scope of the employee's employment as a result
6 of the failure to notify pursuant to this section. If granted parole, the
7 inmate may be released on parole on the date specified by the board, but
8 not earlier than the date the inmate is eligible for parole under subsec-
9 tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
10 at such intervals thereafter as it determines appropriate, the Kansas parole
11 board shall consider: (1) Whether the inmate has satisfactorily completed
12 the programs required by any agreement entered under K.S.A. 75-5210a
13 and amendments thereto, or any revision of such agreement; and (2) all
14 pertinent information regarding such inmate, including, but not limited
15 to, the circumstances of the offense of the inmate; the presentence report;
16 the previous social history and criminal record of the inmate; the conduct,
17 employment, and attitude of the inmate in prison; the reports of such
18 physical and mental examinations as have been made; comments of the
19 victim and the victim's family; comments of the public; official comments;
20 and capacity of state correctional institutions.
21 (i) In those cases involving inmates sentenced for a crime committed
22 after July 1, 1993, the parole board will review the inmates proposed
23 release plan. The board may schedule a hearing if they desire. The board
24 may impose any condition they deem necessary to insure public safety,
25 aid in the reintegration of the inmate into the community, or items not
26 completed under the agreement entered into under K.S.A. 75-5210a and
27 amendments thereto. The board may not advance or delay an inmate's
28 release date. Every inmate while on postrelease supervision shall remain
29 in the legal custody of the secretary of corrections and is subject to the
30 orders of the secretary.
31 (j) Before ordering the parole of any inmate, the Kansas parole board
32 shall have the inmate appear before either in person or via a video con-
33 ferencing format and shall interview the inmate unless impractical be-
34 cause of the inmate's physical or mental condition or absence from the
35 institution. Every inmate while on parole shall remain in the legal custody
36 of the secretary of corrections and is subject to the orders of the secretary.
37 Whenever the Kansas parole board formally considers placing an inmate
38 on parole and no agreement has been entered into with the inmate under
39 K.S.A. 75-5210a and amendments thereto, the board shall notify the in-
40 mate in writing of the reasons for not granting parole. If an agreement
41 has been entered under K.S.A. 75-5210a and amendments thereto and
42 the inmate has not satisfactorily completed the programs specified in the
43 agreement, or any revision of such agreement, the board shall notify the

21
1 inmate in writing of the specific programs the inmate must satisfactorily
2 complete before parole will be granted. If parole is not granted only
3 because of a failure to satisfactorily complete such programs, the board
4 shall grant parole upon the secretary's certification that the inmate has
5 successfully completed such programs. If an agreement has been entered
6 under K.S.A. 75-5210a and amendments thereto and the secretary of
7 corrections has reported to the board in writing that the inmate has sat-
8 isfactorily completed the programs required by such agreement, or any
9 revision thereof, the board shall not require further program participa-
10 tion. However, if the board determines that other pertinent information
11 regarding the inmate warrants the inmate's not being released on parole,
12 the board shall state in writing the reasons for not granting the parole. If
13 parole is denied for an inmate sentenced for a crime other than a class A
14 or class B felony or an off-grid felony, the board shall hold another parole
15 hearing for the inmate not later than one year after the denial unless the
16 parole board finds that it is not reasonable to expect that parole would
17 be granted at a hearing if held in the next three years or during the interim
18 period of a deferral. In such case, the parole board may defer subsequent
19 parole hearings for up to three years but any such deferral by the board
20 shall require the board to state the basis for its findings. If parole is denied
21 for an inmate sentenced for a class A or class B felony or an off-grid
22 felony, the board shall hold another parole hearing for the inmate not
23 later than three years after the denial unless the parole board finds that
24 it is not reasonable to expect that parole would be granted at a hearing if
25 held in the next 10 years or during the interim period of a deferral. In
26 such case, the parole board may defer subsequent parole hearings for up
27 to 10 years but any such deferral shall require the board to state the basis
28 for its findings.
29 (k) Parolees and persons on postrelease supervision shall be assigned,
30 upon release, to the appropriate level of supervision pursuant to the cri-
31 teria established by the secretary of corrections.
32 (l) The Kansas parole board shall adopt rules and regulations in ac-
33 cordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
34 consistent with the law and as it may deem proper or necessary, with
35 respect to the conduct of parole hearings, postrelease supervision reviews,
36 revocation hearings, orders of restitution, reimbursement of expenditures
37 by the state board of indigents' defense services and other conditions to
38 be imposed upon parolees or releasees. Whenever an order for parole or
39 postrelease supervision is issued it shall recite the conditions thereof.
40 (m) Whenever the Kansas parole board orders the parole of an in-
41 mate or establishes conditions for an inmate placed on postrelease su-
42 pervision, the board:
43 (1) Unless it finds compelling circumstances which would render a

22
1 plan of payment unworkable, shall order as a condition of parole or post-
2 release supervision that the parolee or the person on postrelease super-
3 vision pay any transportation expenses resulting from returning the pa-
4 rolee or the person on postrelease supervision to this state to answer
5 criminal charges or a warrant for a violation of a condition of probation,
6 assignment to a community correctional services program, parole, con-
7 ditional release or postrelease supervision;
8 (2) to the extent practicable, shall order as a condition of parole or
9 postrelease supervision that the parolee or the person on postrelease su-
10 pervision make progress towards or successfully complete the equivalent
11 of a secondary education if the inmate has not previously completed such
12 educational equivalent and is capable of doing so;
13 (3) may order that the parolee or person on postrelease supervision
14 perform community or public service work for local governmental agen-
15 cies, private corporations organized not-for-profit or charitable or social
16 service organizations performing services for the community;
17 (4) may order the parolee or person on postrelease supervision to pay
18 the administrative fee imposed pursuant to K.S.A. 1999 Supp. 22-4529
19 unless the board finds compelling circumstances which would render pay-
20 ment unworkable; and
21 (5) unless it finds compelling circumstances which would render a
22 plan of payment unworkable, shall order that the parolee or person on
23 postrelease supervision reimburse the state for all or part of the expend-
24 itures by the state board of indigents' defense services to provide counsel
25 and other defense services to the person. In determining the amount and
26 method of payment of such sum, the parole board shall take account of
27 the financial resources of the person and the nature of the burden that
28 the payment of such sum will impose. Such amount shall not exceed the
29 amount claimed by appointed counsel on the payment voucher for indi-
30 gents' defense services or the amount prescribed by the board of indi-
31 gents' defense services reimbursement tables as provided in K.S.A. 22-
32 4522 and amendments thereto, whichever is less, minus any previous
33 payments for such services.
34 (n) If the court which sentenced an inmate specified at the time of
35 sentencing the amount and the recipient of any restitution ordered as a
36 condition of parole or postrelease supervision, the Kansas parole board
37 shall order as a condition of parole or postrelease supervision that the
38 inmate pay restitution in the amount and manner provided in the journal
39 entry unless the board finds compelling circumstances which would ren-
40 der a plan of restitution unworkable.
41 (o) Whenever the Kansas parole board grants the parole of an inmate,
42 the board, within 10 days of the date of the decision to grant parole, shall
43 give written notice of the decision to the county or district attorney of the

23
1 county where the inmate was sentenced.
2 (p) When an inmate is to be released on postrelease supervision, the
3 secretary, within 30 days prior to release, shall provide the county or
4 district attorney of the county where the inmate was sentenced written
5 notice of the release date.
6 (q) Inmates shall be released on postrelease supervision upon the
7 termination of the prison portion of their sentence. Time served while
8 on postrelease supervision will vest.
9 (r) An inmate who is allocated regular good time credits as provided
10 in K.S.A. 22-3725 and amendments thereto may receive meritorious good
11 time credits in increments of not more than 90 days per meritorious act.
12 These credits may be awarded by the secretary of corrections when an
13 inmate has acted in a heroic or outstanding manner in coming to the
14 assistance of another person in a life threatening situation, preventing
15 injury or death to a person, preventing the destruction of property or
16 taking actions which result in a financial savings to the state.
17 ~~Sec. 7. K.S.A. 21-4602 and 22-3716 and K.S.A. 1999 Supp. 21-4603,~~
18 ~~21-4603d, 21-4610 and 22-3717 are hereby repealed.~~
19 (s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C)
20 and (d)(1)(E) shall be applied retroactively as provided in subsec-
21 tion (t).
22 (t) For offenders sentenced prior to the effective date of this act
23 who are eligible for modification of their postrelease supervision
24 obligation, the department of corrections shall modify the period of
25 postrelease supervision as provided for by this section for offenders
26 convicted of severity level 9 and 10 crimes on the sentencing guide-
27 lines grid for nondrug crimes and severity level 4 crimes on the
28 sentencing guidelines grid for drug crimes on or before September
29 1, 2000; for offenders convicted of severity level 7 and 8 crimes on
30 the sentencing guidelines grid for nondrug crimes on or before No-
31 vember 1, 2000; and for offenders convicted of severity level 5 and
32 6 crimes on the sentencing guidelines grid for nondrug crimes and
33 severity level 3 crimes on the sentencing guidelines grid for drug
34 crimes on or before January 1, 2001.
35 Sec. 7. On and after July 1, 2000, K.S.A. 75-52,129 is hereby
36 amended to read as follows: 75-52,129. (a) The secretary of correc-
37 tions is hereby authorized to negotiate and enter into contracts with
38 Kansas cities and counties for the placement of inmates, who are
39 classified as medium custody or any higher custody or security clas-
40 sification, in facilities owned and operated by the cities and coun-
41 ties. If the secretary of corrections proposes to place any inmates
42 classified as medium custody or any higher custody classification
43 for confinement in facilities other than correctional or other insti-

24
1 tutions or facilities owned and operated by the department of cor-
2 rections or any other state agency, the secretary of corrections shall
3 give first consideration to entering into contracts with Kansas cities
4 and counties under this section before attempting to place any such
5 inmate for confinement at any location outside the state of Kansas
6 if the facilities to be provided under such contracts are substantially
7 equal to facilities at locations outside the state of Kansas and if
8 arrangements can be made in a timely manner. Except as provided
9 in subsection (b), the provisions of this section and any contract or
10 preliminary letter of commitment entered into pursuant to this sec-
11 tion shall not apply to any minimum custody or community custody
12 status inmates, or any other custody or security classification lower
13 than medium custody, or to any inmate who may be placed in a
14 work release or prerelease program, center or facility by the sec-
15 retary of corrections, who is eligible for parole or who is placed
16 pursuant to the interstate corrections compact. Contracts entered
17 into pursuant to this section shall not be subject to competitive bid
18 requirements under K.S.A. 75-3739 and amendments thereto.
19 (b) The secretary shall not enter into any contract as provided in
20 subsection (a) with any city or county of this state for the placement of
21 inmates that does not provide that such city or county shall provide and
22 maintain appropriate and recognized standards of safety, health and
23 security.
24 Sec. 8. K.S.A. 1999 Supp. 22-3717 is hereby repealed.
25 Sec. 9. On and after July 1, 2000, K.S.A. 21-4602 ~~and~~, 22-3716
26 and 75-52,129 and K.S.A. 1999 Supp. 21-4603, 21-4603d and 21-
27 4610 are hereby repealed.
28 Sec. 8. 10. This act shall take effect and be in force from and after
29 its publication in the ~~statute book~~ Kansas register.