Session of 2000
SENATE BILL No. 493
By Joint Committee on Corrections and Juvenile Justice
Oversight
1-26
9 AN ACT
concerning criminal procedure; relating to sentencing; post-
10 release supervision;
amending K.S.A. 1999 Supp. 22-3717 and repeal-
11 ing the existing
section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 22-3717 is hereby amended to read as
15 follows: 22-3717. (a) Except as otherwise
provided by this section, K.S.A.
16 1993 Supp. 21-4628 prior to its repeal and
K.S.A. 21-4635 through 21-
17 4638 and amendments thereto, an inmate,
including an inmate sentenced
18 pursuant to K.S.A. 21-4618 and amendments
thereto, shall be eligible for
19 parole after serving the entire minimum
sentence imposed by the court,
20 less good time credits.
21 (b)
(1) Except as provided by K.S.A. 21-4635 through 21-4638
and
22 amendments thereto, an inmate sentenced to
imprisonment for the crime
23 of capital murder, or an inmate sentenced
for the crime of murder in the
24 first degree based upon a finding of
premeditated murder, committed on
25 or after July 1, 1994, shall be eligible
for parole after serving 25 years of
26 confinement, without deduction of any good
time credits.
27 (2) Except as
provided by subsection (b)(1) or (b)(4), K.S.A. 1993
28 Supp. 21-4628 prior to its repeal and
K.S.A. 21-4635 through 21-4638,
29 and amendments thereto, an inmate sentenced
to imprisonment for an
30 off-grid offense committed on or after July
1, 1993, but prior to July 1,
31 1999, shall be eligible for parole after
serving 15 years of confinement,
32 without deduction of any good time credits
and an inmate sentenced to
33 imprisonment for an off-grid offense
committed on or after July 1, 1999,
34 shall be eligible for parole after serving
20 years of confinement without
35 deduction of any good time credits.
36 (3) Except as
provided by K.S.A. 1993 Supp. 21-4628 prior to its
37 repeal, an inmate sentenced for a class A
felony committed before July
38 1, 1993, including an inmate sentenced
pursuant to K.S.A. 21-4618 and
39 amendments thereto, shall be eligible for
parole after serving 15 years of
40 confinement, without deduction of any good
time credits.
41 (4) An inmate
sentenced to imprisonment for a violation of subsec-
42 tion (a) of K.S.A. 21-3402 and amendments
thereto committed on or after
43 July 1, 1996, but prior to July 1, 1999,
shall be eligible for parole after
2
1 serving 10 years of confinement
without deduction of any good time
2 credits.
3 (c) Except
as provided in subsection (e), if an inmate is sentenced to
4 imprisonment for more than one crime
and the sentences run consecu-
5 tively, the inmate shall be eligible
for parole after serving the total of:
6 (1) The
aggregate minimum sentences, as determined pursuant to
7 K.S.A. 21-4608 and amendments
thereto, less good time credits for those
8 crimes which are not class A
felonies; and
9 (2) an
additional 15 years, without deduction of good time credits,
10 for each crime which is a class A
felony.
11 (d)
(1) Persons sentenced for crimes, other than off-grid
crimes,
12 committed on or after July 1, 1993, will
not be eligible for parole, but will
13 be released to a mandatory period of
postrelease supervision upon com-
14 pletion of the prison portion of their
sentence as follows:
15 (A) Except as
provided in subparagraphs (C) and (D) and
(E), persons
16 sentenced for nondrug severity level 1
through 6 4 crimes and drug se-
17 verity levels 1 through 3
and 2 crimes must serve 36 months, plus the
18 amount of good time earned and retained
pursuant to K.S.A. 21-4722
19 and amendments thereto, on postrelease
supervision.
20 (B) Except as
provided in subparagraphs (D) and (E), persons sen-
21 tenced for nondrug severity levels 5 and
6 crimes and drug severity level
22 3 crimes must serve 24 months, plus the
amount of good time earned and
23 retained pursuant to K.S.A. 21-4722, and
amendments thereto, on post-
24 release supervision.
25 (C) Except
as provided in subparagraphs (C) and (D) and
(E), per-
26 sons sentenced for nondrug severity level 7
through 10 crimes and drug
27 severity level 4 crimes must serve
24 12 months, plus the amount of good
28 time earned and retained pursuant to K.S.A.
21-4722 and amendments
29 thereto, on postrelease supervision.
30 (C)
(D) (i) The sentencing judge shall impose the
postrelease super-
31 vision period provided in subparagraph
(d)(1)(A) or, (d)(1)(B) or
32 (d)(1)(C), unless the judge finds
substantial and compelling reasons to
33 impose a departure based upon a finding
that the current crime of con-
34 viction was sexually violent or sexually
motivated. In that event, departure
35 may be imposed to extend the postrelease
supervision to a period of up
36 to 60 months.
37 (ii) If the
sentencing judge departs from the presumptive postrelease
38 supervision period, the judge shall state
on the record at the time of
39 sentencing the substantial and compelling
reasons for the departure. De-
40 partures in this section are subject to
appeal pursuant to K.S.A. 21-4721
41 and amendments thereto.
42 (iii) In
determining whether substantial and compelling reasons exist,
43 the court shall consider:
3
1 (a) Written
briefs or oral arguments submitted by either the defend-
2 ant or the state;
3 (b) any
evidence received during the proceeding;
4 (c) the
presentence report, the victim's impact statement and any
5 psychological evaluation as ordered
by the court pursuant to subsection
6 (e) of K.S.A. 21-4714 and amendments
thereto; and
7 (d) any
other evidence the court finds trustworthy and reliable.
8 (iv) The
sentencing judge may order that a psychological evaluation
9 be prepared and the recommended
programming be completed by the
10 offender. The department of corrections or
the parole board shall ensure
11 that court ordered sex offender treatment
be carried out.
12 (v) In carrying
out the provisions of subparagraph (d)(1)(C)
(d)(1)(D),
13 the court shall refer to K.S.A. 21-4718 and
amendments thereto.
14 (vi) Upon
petition, the parole board may provide for early discharge
15 from the postrelease supervision period
upon completion of court or-
16 dered programs and completion of the
presumptive postrelease super-
17 vision period, as determined by the crime
of conviction, pursuant to sub-
18 paragraph (d)(1)(A) or
(B), (d)(1)(B) or (D)(1)(C). Early discharge
from
19 postrelease supervision is at the
discretion of the parole board.
20 (vii) Persons
convicted of crimes deemed sexually violent or sexually
21 motivated, shall be registered according to
the habitual sex offender reg-
22 istration act, K.S.A. 22-4901 through
22-4910 and amendments thereto.
23 (D)
(E) The period of postrelease supervision provided in
subpara-
24 graphs (A) and (B) may be reduced by up to
12 months and the period
25 of postrelease supervision provided in
subparagraph (C) may be reduced
26 by up to six months based on the
offender's compliance with conditions
27 of supervision and overall performance
while on postrelease supervision.
28 The reduction in the supervision period
shall be on an earned basis pur-
29 suant to rules and regulations adopted by
the secretary of corrections.
30 (E)
(F) In cases where sentences for crimes from more than
one
31 severity level have been imposed, the
offender shall serve the longest
32 period of postrelease supervision as
provided by this section available for
33 any crime upon which sentence was imposed
irrespective of the severity
34 level of the crime. Supervision periods
will not aggregate.
35 (2) As used in
this section, "sexually violent crime" means:
36 (A) Rape, K.S.A.
21-3502, and amendments thereto;
37 (B) indecent
liberties with a child, K.S.A. 21-3503, and amendments
38 thereto;
39 (C) aggravated
indecent liberties with a child, K.S.A. 21-3504, and
40 amendments thereto;
41 (D) criminal
sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
42 and amendments thereto;
43 (E) aggravated
criminal sodomy, K.S.A. 21-3506, and amendments
4
1 thereto;
2
(F) indecent solicitation of a child, K.S.A. 21-3510, and
amendments
3 thereto;
4
(G) aggravated indecent solicitation of a child, K.S.A.
21-3511, and
5 amendments thereto;
6 (H) sexual
exploitation of a child, K.S.A. 21-3516, and amendments
7 thereto;
8
(I) aggravated sexual battery, K.S.A. 21-3518, and
amendments
9 thereto;
10 (J) any
conviction for a felony offense in effect at any time prior to
11 the effective date of this act, that is
comparable to a sexually violent crime
12 as defined in subparagraphs (A) through
(I), or any federal or other state
13 conviction for a felony offense that under
the laws of this state would be
14 a sexually violent crime as defined in this
section;
15 (K) an attempt,
conspiracy or criminal solicitation, as defined in
16 K.S.A. 21-3301, 21-3302, 21-3303, and
amendments thereto, of a sexually
17 violent crime as defined in this section;
or
18 (L) any act which
at the time of sentencing for the offense has been
19 determined beyond a reasonable doubt to
have been sexually motivated.
20 As used in this subparagraph, "sexually
motivated" means that one of the
21 purposes for which the defendant committed
the crime was for the pur-
22 pose of the defendant's sexual
gratification.
23 (e) If an inmate
is sentenced to imprisonment for a crime committed
24 while on parole or conditional release, the
inmate shall be eligible for
25 parole as provided by subsection (c),
except that the Kansas parole board
26 may postpone the inmate's parole
eligibility date by assessing a penalty
27 not exceeding the period of time which
could have been assessed if the
28 inmate's parole or conditional release had
been violated for reasons other
29 than conviction of a crime.
30 (f) If a person
is sentenced to prison for a crime committed on or
31 after July 1, 1993, while on probation,
parole, conditional release or in a
32 community corrections program, for a crime
committed prior to July 1,
33 1993, and the person is not eligible for
retroactive application of the
34 sentencing guidelines and amendments
thereto pursuant to K.S.A. 21-
35 4724 and amendments thereto, the new
sentence shall not be aggregated
36 with the old sentence, but shall begin when
the person is paroled or
37 reaches the conditional release date on the
old sentence. If the offender
38 was past the offender's conditional release
date at the time the new of-
39 fense was committed, the new sentence shall
not be aggregated with the
40 old sentence but shall begin when the
person is ordered released by the
41 Kansas parole board or reaches the maximum
sentence expiration date
42 on the old sentence, whichever is earlier.
The new sentence shall then
43 be served as otherwise provided by law. The
period of postrelease su-
5
1 pervision shall be based on the new
sentence, except that those offenders
2 whose old sentence is a term of
imprisonment for life, imposed pursuant
3 to K.S.A. 1993 Supp. 21-4628 prior to
its repeal, or an indeterminate
4 sentence with a maximum term of life
imprisonment, for which there is
5 no conditional release or maximum
sentence expiration date, shall remain
6 on postrelease supervision for life
or until discharged from supervision
7 by the Kansas parole board.
8 (g) Subject
to the provisions of this section, the Kansas parole board
9 may release on parole those persons
confined in institutions who are el-
10 igible for parole when: (1) The board
believes that the inmate should be
11 released for hospitalization, for
deportation or to answer the warrant or
12 other process of a court and is of the
opinion that there is reasonable
13 probability that the inmate can be released
without detriment to the com-
14 munity or to the inmate; or (2) the
secretary of corrections has reported
15 to the board in writing that the inmate has
satisfactorily completed the
16 programs required by any agreement entered
under K.S.A. 75-5210a and
17 amendments thereto, or any revision of such
agreement, and the board
18 believes that the inmate is able and
willing to fulfill the obligations of a
19 law abiding citizen and is of the opinion
that there is reasonable proba-
20 bility that the inmate can be released
without detriment to the community
21 or to the inmate. Parole shall not be
granted as an award of clemency and
22 shall not be considered a reduction of
sentence or a pardon.
23 (h) The Kansas
parole board shall hold a parole hearing at least the
24 month prior to the month an inmate will be
eligible for parole under
25 subsections (a), (b) and (c). At least the
month preceding the parole hear-
26 ing, the county or district attorney of the
county where the inmate was
27 convicted shall give written notice of the
time and place of the public
28 comment sessions for the inmate to any
victim of the inmate's crime who
29 is alive and whose address is known to the
county or district attorney or,
30 if the victim is deceased, to the victim's
family if the family's address is
31 known to the county or district attorney.
Except as otherwise provided,
32 failure to notify pursuant to this section
shall not be a reason to postpone
33 a parole hearing. In the case of any inmate
convicted of a class A felony
34 the secretary of corrections shall give
written notice of the time and place
35 of the public comment session for such
inmate at least one month pre-
36 ceding the public comment session to any
victim of such inmate's crime
37 or the victim's family pursuant to K.S.A.
74-7338 and amendments
38 thereto. If notification is not given to
such victim or such victim's family
39 in the case of any inmate convicted of a
class A felony, the board shall
40 postpone a decision on parole of the inmate
to a time at least 30 days
41 after notification is given as provided in
this section. Nothing in this sec-
42 tion shall create a cause of action against
the state or an employee of the
43 state acting within the scope of the
employee's employment as a result
6
1 of the failure to notify pursuant to
this section. If granted parole, the
2 inmate may be released on parole on
the date specified by the board, but
3 not earlier than the date the inmate
is eligible for parole under subsec-
4 tions (a), (b) and (c). At each
parole hearing and, if parole is not granted,
5 at such intervals thereafter as it
determines appropriate, the Kansas parole
6 board shall consider: (1) Whether the
inmate has satisfactorily completed
7 the programs required by any
agreement entered under K.S.A. 75-5210a
8 and amendments thereto, or any
revision of such agreement; and (2) all
9 pertinent information regarding such
inmate, including, but not limited
10 to, the circumstances of the offense of the
inmate; the presentence report;
11 the previous social history and criminal
record of the inmate; the conduct,
12 employment, and attitude of the inmate in
prison; the reports of such
13 physical and mental examinations as have
been made; comments of the
14 victim and the victim's family; comments of
the public; official comments;
15 and capacity of state correctional
institutions.
16 (i) In those
cases involving inmates sentenced for a crime committed
17 after July 1, 1993, the parole board will
review the inmates proposed
18 release plan. The board may schedule a
hearing if they desire. The board
19 may impose any condition they deem
necessary to insure public safety,
20 aid in the reintegration of the inmate into
the community, or items not
21 completed under the agreement entered into
under K.S.A. 75-5210a and
22 amendments thereto. The board may not
advance or delay an inmate's
23 release date. Every inmate while on
postrelease supervision shall remain
24 in the legal custody of the secretary of
corrections and is subject to the
25 orders of the secretary.
26 (j) Before
ordering the parole of any inmate, the Kansas parole board
27 shall have the inmate appear before either
in person or via a video con-
28 ferencing format and shall interview the
inmate unless impractical be-
29 cause of the inmate's physical or mental
condition or absence from the
30 institution. Every inmate while on parole
shall remain in the legal custody
31 of the secretary of corrections and is
subject to the orders of the secretary.
32 Whenever the Kansas parole board formally
considers placing an inmate
33 on parole and no agreement has been entered
into with the inmate under
34 K.S.A. 75-5210a and amendments thereto, the
board shall notify the in-
35 mate in writing of the reasons for not
granting parole. If an agreement
36 has been entered under K.S.A. 75-5210a and
amendments thereto and
37 the inmate has not satisfactorily completed
the programs specified in the
38 agreement, or any revision of such
agreement, the board shall notify the
39 inmate in writing of the specific programs
the inmate must satisfactorily
40 complete before parole will be granted. If
parole is not granted only
41 because of a failure to satisfactorily
complete such programs, the board
42 shall grant parole upon the secretary's
certification that the inmate has
43 successfully completed such programs. If an
agreement has been entered
7
1 under K.S.A. 75-5210a and amendments
thereto and the secretary of
2 corrections has reported to the board
in writing that the inmate has sat-
3 isfactorily completed the programs
required by such agreement, or any
4 revision thereof, the board shall not
require further program participa-
5 tion. However, if the board
determines that other pertinent information
6 regarding the inmate warrants the
inmate's not being released on parole,
7 the board shall state in writing the
reasons for not granting the parole. If
8 parole is denied for an inmate
sentenced for a crime other than a class A
9 or class B felony or an off-grid
felony, the board shall hold another parole
10 hearing for the inmate not later than one
year after the denial unless the
11 parole board finds that it is not
reasonable to expect that parole would
12 be granted at a hearing if held in the next
three years or during the interim
13 period of a deferral. In such case, the
parole board may defer subsequent
14 parole hearings for up to three years but
any such deferral by the board
15 shall require the board to state the basis
for its findings. If parole is denied
16 for an inmate sentenced for a class A or
class B felony or an off-grid
17 felony, the board shall hold another parole
hearing for the inmate not
18 later than three years after the denial
unless the parole board finds that
19 it is not reasonable to expect that parole
would be granted at a hearing if
20 held in the next 10 years or during the
interim period of a deferral. In
21 such case, the parole board may defer
subsequent parole hearings for up
22 to 10 years but any such deferral shall
require the board to state the basis
23 for its findings.
24 (k) Parolees and
persons on postrelease supervision shall be assigned,
25 upon release, to the appropriate level of
supervision pursuant to the cri-
26 teria established by the secretary of
corrections.
27 (l) The Kansas
parole board shall adopt rules and regulations in ac-
28 cordance with K.S.A. 77-415 et seq.,
and amendments thereto, not in-
29 consistent with the law and as it may deem
proper or necessary, with
30 respect to the conduct of parole hearings,
postrelease supervision reviews,
31 revocation hearings, orders of restitution,
reimbursement of expenditures
32 by the state board of indigents' defense
services and other conditions to
33 be imposed upon parolees or releasees.
Whenever an order for parole or
34 postrelease supervision is issued it shall
recite the conditions thereof.
35 (m) Whenever the
Kansas parole board orders the parole of an in-
36 mate or establishes conditions for an
inmate placed on postrelease su-
37 pervision, the board:
38 (1) Unless it
finds compelling circumstances which would render a
39 plan of payment unworkable, shall order as
a condition of parole or post-
40 release supervision that the parolee or the
person on postrelease super-
41 vision pay any transportation expenses
resulting from returning the pa-
42 rolee or the person on postrelease
supervision to this state to answer
43 criminal charges or a warrant for a
violation of a condition of probation,
8
1 assignment to a community
correctional services program, parole, con-
2 ditional release or postrelease
supervision;
3 (2) to the
extent practicable, shall order as a condition of parole or
4 postrelease supervision that the
parolee or the person on postrelease su-
5 pervision make progress towards or
successfully complete the equivalent
6 of a secondary education if the
inmate has not previously completed such
7 educational equivalent and is capable
of doing so;
8 (3) may
order that the parolee or person on postrelease supervision
9 perform community or public service
work for local governmental agen-
10 cies, private corporations organized
not-for-profit or charitable or social
11 service organizations performing services
for the community;
12 (4) may order the
parolee or person on postrelease supervision to pay
13 the administrative fee imposed pursuant to
K.S.A. 1999 Supp. 22-4529
14 unless the board finds compelling
circumstances which would render pay-
15 ment unworkable; and
16 (5) unless it
finds compelling circumstances which would render a
17 plan of payment unworkable, shall order
that the parolee or person on
18 postrelease supervision reimburse the state
for all or part of the expend-
19 itures by the state board of indigents'
defense services to provide counsel
20 and other defense services to the person.
In determining the amount and
21 method of payment of such sum, the parole
board shall take account of
22 the financial resources of the person and
the nature of the burden that
23 the payment of such sum will impose. Such
amount shall not exceed the
24 amount claimed by appointed counsel on the
payment voucher for indi-
25 gents' defense services or the amount
prescribed by the board of indi-
26 gents' defense services reimbursement
tables as provided in K.S.A. 22-
27 4522 and amendments thereto, whichever is
less, minus any previous
28 payments for such services.
29 (n) If the court
which sentenced an inmate specified at the time of
30 sentencing the amount and the recipient of
any restitution ordered as a
31 condition of parole or postrelease
supervision, the Kansas parole board
32 shall order as a condition of parole or
postrelease supervision that the
33 inmate pay restitution in the amount and
manner provided in the journal
34 entry unless the board finds compelling
circumstances which would ren-
35 der a plan of restitution unworkable.
36 (o) Whenever the
Kansas parole board grants the parole of an inmate,
37 the board, within 10 days of the date of
the decision to grant parole, shall
38 give written notice of the decision to the
county or district attorney of the
39 county where the inmate was sentenced.
40 (p) When an
inmate is to be released on postrelease supervision, the
41 secretary, within 30 days prior to release,
shall provide the county or
42 district attorney of the county where the
inmate was sentenced written
43 notice of the release date.
9
1 (q) Inmates
shall be released on postrelease supervision upon the
2 termination of the prison portion of
their sentence. Time served while
3 on postrelease supervision will
vest.
4 (r) An
inmate who is allocated regular good time credits as provided
5 in K.S.A. 22-3725 and amendments
thereto may receive meritorious good
6 time credits in increments of not
more than 90 days per meritorious act.
7 These credits may be awarded by the
secretary of corrections when an
8 inmate has acted in a heroic or
outstanding manner in coming to the
9 assistance of another person in a
life threatening situation, preventing
10 injury or death to a person, preventing the
destruction of property or
11 taking actions which result in a financial
savings to the state.
12 Sec. 2. K.S.A. 1999 Supp.
22-3717 is hereby repealed.
13 Sec. 3. This act shall
take effect and be in force from and after its
14 publication in the statute book.