As Amended by Senate Committee
Session of 2000
SENATE BILL No. 578
By Committee on Judiciary
2-7
10 AN ACT
concerning courts; relating to collection of debts owed
thereto;
11 amending K.S.A. 1999
Supp. 21-4603d and 23-496 and repealing the
12 existing
sections; also repealing K.S.A. 1999 Supp.
75-719.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 New Section
1. (a) The chief judge of each judicial district is au-
16 thorized to enter into contracts in
accordance with this section for col-
17 lection services for debts owed to courts
or restitution owed under an
18 order of restitution. The cost of
collection shall be paid by the defendant
19 as an additional court cost in all
criminal, traffic and juvenile offender
20 cases where the defendant fails to pay any
amount ordered by the court
21 and the court utilizes the services of a
contracting agent pursuant to this
22 section. The cost of collection shall be
deemed an administrative fee to
23 pay the actual costs of collection made
necessary by the defendant's fail-
24 ure to pay court debt and restitution. On
and after July 1, 2000, for any
25 contract entered into under the provisions
of K.S.A. 75-719, as it existed
26 prior to the effective date of this act, by
the attorney general, the if the
27 chief judge of any judicial district
enters into contracts pursuant to
28 this section, such chief
judge of the judicial district the contract was
29 intended for the collection of debts owed
to the court or restitution owed
30 under any order of restitution by the
attorney general shall succeed in
31 every manner to the attorney general as the
contracting party.
32 (b) As used in
this section:
33 (1) ``Beneficiary
under an order of restitution'' means the victim or
34 victims of a crime to whom a district court
has ordered restitution be
35 paid;
36 (2) ``contracting
agent'' means a person, firm, agency or other entity
37 who contracts hereunder to provide
collection services;
38 (3) ``cost of
collection'' means the fee specified in contracts hereunder
39 to be paid to or retained by a contracting
agent for collection services.
40 Cost of collection also includes any filing
fee required under K.S.A. 60-
41 4303 and amendments thereto or
administrative costs prescribed by the
42 attorney general pursuant to rules and
regulations; and
43 (4) ``debts owed
to courts'' means any assessment of court costs, fines,
2
1 fees, moneys expended by the state in
providing counsel and other de-
2 fense services to indigent defendants
or other charges which a district
3 court judgment has ordered to be paid
to the court, and which remain
4 unpaid in whole or in part, and
includes any interest or penalties on such
5 unpaid amounts as provided for in the
judgment or by law. Debts owed
6 to courts also include the cost of
collection when collection services of a
7 contracting agent hereunder are
utilized.
8 (c)
(1) Contracts authorized by this section may be entered into
with
9 state or federal agencies or
political subdivisions of the state of Kansas,
10 including contracts for participation in
the collection program authorized
11 by K.S.A. 75-6201 et seq. and
amendments thereto. Such contracts also
12 may be entered into with private firms or
individuals selected by a pro-
13 curement negotiation committee in
accordance with K.S.A. 75-37,102
14 and amendments thereto, except that the
chief judge shall designate a
15 representative to serve as the chief
administrative officer member of such
16 committee and that the other two members of
such committee shall be
17 designated by the director of purchases and
the attorney general.
18 (2) Prior to
negotiating any contract for collection services, this pro-
19 curement negotiation committee shall
advertise for proposals, negotiate
20 with firms and individuals submitting
proposals and select among those
21 submitting such proposals the party or
parties to contract with for the
22 purpose of collection services.
23 (3) The chief
justice of the supreme court may adopt rules and reg-
24 ulations as deemed appropriate for the
administration of this section,
25 including procedures to be used in the
negotiation and execution of con-
26 tracts pursuant to this section and
procedures to be followed by those
27 who utilize collection services under such
contracts.
28 (4) For purposes
of this section, the agencies, firms or individuals
29 with whom contracts are entered under this
section shall be known as
30 contracting agents. The chief justice shall
publish a list of the contracting
31 agents for use by courts or beneficiaries
under orders of restitution who
32 desire to utilize the collection services
of such agents.
33 (5) Each contract
entered pursuant to this section shall provide for a
34 fee to be paid to or retained by the
contracting agent for collection serv-
35 ices. Such fee shall be designated as the
cost of collection hereunder, and
36 shall not exceed 33% of the amount
collected. The cost of collection shall
37 be paid from the amount collected, but
shall not be deducted from the
38 debts owed to courts or restitution.
39 (d) Judicial
districts of the state of Kansas are authorized to utilize
40 the collection services of contracting
agents pursuant to this section for
41 the purpose of collecting all outstanding
debts owed to courts. Subject to
42 rules and orders of the Kansas supreme
court, each judicial district may
43 establish by local rule guidelines for the
compromise of court costs, fines,
3
1 attorney fees and other charges
assessed in district court cases.
2 (e) Any
beneficiary under an order of restitution entered by a court
3 after this section takes effect is
authorized to utilize the collection services
4 of contracting agents pursuant to
this section for the purpose of collecting
5 all outstanding amounts owed under
such order of restitution.
6
(f) Contracts entered hereunder shall provide for the payment
of any
7 amounts collected to the clerk of the
district court for the court in which
8 the debt being collected originated,
after first deducting the collection
9 fee. In accounting for amounts
collected from any person pursuant to this
10 section, the district court clerk shall
credit the person's amount owed in
11 the amount of the net proceeds collected
and shall not reduce the amount
12 owed by any person by that portion of any
payment which constitutes the
13 cost of collection pursuant to this
section.
14 (g) With the
appropriate cost of collection paid to the contracting
15 agent as agreed upon in the contract
hereunder, the clerk shall then
16 distribute amounts collected hereunder as
follows:
17 (1) When
collection services are utilized pursuant to subsection (d),
18 all amounts shall be applied against the
debts owed to the court as spec-
19 ified in the original judgment creating the
debt;
20 (2) when
collection services are utilized pursuant to subsection (e),
21 all amounts shall be paid to the
beneficiary under the order of restitution
22 designated to receive such restitution,
except where that beneficiary has
23 received recovery from the Kansas crime
victims compensation board and
24 such board has subrogation rights pursuant
to K.S.A. 74-7312 and amend-
25 ments thereto, in which case all amounts
shall be paid to the board until
26 its subrogation lien is satisfied.
27 (h) Whenever
collection services are being utilized against the same
28 debtor pursuant to both subsections (d) and
(e), any amounts collected
29 by a contracting agent shall be first
applied to satisfy subsection (e) debts,
30 debts pursuant to an order of restitution.
Upon satisfaction of all such
31 debts, amounts received from the same
debtor shall then be applied to
32 satisfy subsection (d) debts, debts owed to
courts.
33 Sec.
2. K.S.A. 1999 Supp. 21-4603d is hereby amended to read as
34 follows: 21-4603d. (a) Whenever any person
has been found guilty of a
35 crime, the court may adjudge any of the
following:
36 (1) Commit the
defendant to the custody of the secretary of correc-
37 tions if the current crime of conviction is
a felony and the sentence pre-
38 sumes imprisonment, or the sentence imposed
is a dispositional departure
39 to imprisonment; or, if confinement is for
a misdemeanor, to jail for the
40 term provided by law;
41 (2) impose the
fine applicable to the offense;
42 (3) release the
defendant on probation if the current crime of con-
43 viction and criminal history fall within a
presumptive nonprison category
4
1 or through a departure for
substantial and compelling reasons subject to
2 such conditions as the court may deem
appropriate. In felony cases except
3 for violations of K.S.A. 8-1567 and
amendments thereto, the court may
4 include confinement in a county jail
not to exceed 30 days, which need
5 not be served consecutively, as a
condition of probation or community
6 corrections placement;
7 (4) assign
the defendant to a community correctional services pro-
8 gram in presumptive nonprison cases
or through a departure for substan-
9 tial and compelling reasons subject
to such conditions as the court may
10 deem appropriate, including orders
requiring full or partial restitution;
11 (5) assign the
defendant to a conservation camp for a period not to
12 exceed six months as a condition of
probation followed by a six-month
13 period of follow-up through adult intensive
supervision by a community
14 correctional services program, if the
offender successfully completes the
15 conservation camp program;
16 (6) assign the
defendant to a house arrest program pursuant to K.S.A.
17 21-4603b and amendments thereto;
18 (7) order the
defendant to attend and satisfactorily complete an al-
19 cohol or drug education or training program
as provided by subsection
20 (3) of K.S.A. 21-4502 and amendments
thereto;
21 (8) order the
defendant to repay the amount of any reward paid by
22 any crime stoppers chapter, individual,
corporation or public entity which
23 materially aided in the apprehension or
conviction of the defendant; repay
24 the amount of any costs and expenses
incurred by any law enforcement
25 agency in the apprehension of the
defendant, if one of the current crimes
26 of conviction of the defendant includes
escape, as defined in K.S.A. 21-
27 3809 and amendments thereto or aggravated
escape, as defined in K.S.A.
28 21-3810 and amendments thereto; or repay
the amount of any public
29 funds utilized by a law enforcement agency
to purchase controlled sub-
30 stances from the defendant during the
investigation which leads to the
31 defendant's conviction. Such repayment of
the amount of any such costs
32 and expenses incurred by a law enforcement
agency or any public funds
33 utilized by a law enforcement agency shall
be deposited and credited to
34 the same fund from which the public funds
were credited to prior to use
35 by the law enforcement agency;
36 (9) order the
defendant to pay the administrative fee authorized by
37 K.S.A. 1999 Supp. 22-4529 and amendments
thereto, unless waived by
38 the court;
39 (10) impose any
appropriate combination of (1), (2), (3), (4), (5), (6),
40 (7), (8) and (9); or
41 (11) suspend
imposition of sentence in misdemeanor cases.
42 In addition to or in
lieu of any of the above, the court shall order the
43 defendant to pay restitution, which shall
include, but not be limited to,
5
1 damage or loss caused by the
defendant's crime, unless the court finds
2 compelling circumstances which would
render a plan of restitution un-
3 workable. If the court finds a plan
of restitution unworkable, the court
4 shall state on the record in detail
the reasons therefor.
5 If the court
orders restitution, the restitution shall be a judgment
6 against the defendant which may be
collected by the court by garnishment
7 or other execution as on judgments in
civil cases. If, after 60 days from
8 the date restitution is ordered by
the court, a defendant is found to be in
9 noncompliance with the plan
established by the court for payment of
10 restitution, and the victim to whom
restitution is ordered paid has not
11 initiated proceedings in accordance with
K.S.A. 60-4301 et seq. and
12 amendments thereto, the court shall assign
an agent procured by the
13 attorney general pursuant to K.S.A.
75-719, and amendments
14 thereto, or the
attorney general chief judge pursuant to
K.S.A. 75-719
15 section 1 and amendments thereto to
collect the restitution on behalf of
16 the victim. The
administrative chief judge of each judicial
district may
17 assign such cases to an appropriate
division of the court for the conduct
18 of civil collection proceedings.
19 In addition to or in
lieu of any of the above, the court shall order the
20 defendant to submit to and complete an
alcohol and drug evaluation, and
21 pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502
22 and amendments thereto.
23 In addition to any of
the above, the court shall order the defendant to
24 reimburse the county general fund for all
or a part of the expenditures
25 by the county to provide counsel and other
defense services to the de-
26 fendant. Any such reimbursement to the
county shall be paid only after
27 any order for restitution has been paid in
full. In determining the amount
28 and method of payment of such sum, the
court shall take account of the
29 financial resources of the defendant and
the nature of the burden that
30 payment of such sum will impose. A
defendant who has been required
31 to pay such sum and who is not willfully in
default in the payment thereof
32 may at any time petition the court which
sentenced the defendant to
33 waive payment of such sum or any unpaid
portion thereof. If it appears
34 to the satisfaction of the court that
payment of the amount due will im-
35 pose manifest hardship on the defendant or
the defendant's immediate
36 family, the court may waive payment of all
or part of the amount due or
37 modify the method of payment.
38 In imposing a fine the
court may authorize the payment thereof in
39 installments. In releasing a defendant on
probation, the court shall direct
40 that the defendant be under the supervision
of a court services officer. If
41 the court commits the defendant to the
custody of the secretary of cor-
42 rections or to jail, the court may specify
in its order the amount of res-
43 titution to be paid and the person to whom
it shall be paid if restitution
6
1 is later ordered as a condition of
parole or conditional release.
2 When a new
felony is committed while the offender is incarcerated
3 and serving a sentence for a felony
or while the offender is on probation,
4 assignment to a community
correctional services program, parole, con-
5 ditional release, or postrelease
supervision for a felony, a new sentence
6 shall be imposed pursuant to the
consecutive sentencing requirements of
7 K.S.A. 21-4608, and amendments
thereto, and the court may sentence
8 the offender to imprisonment for the
new conviction, even when the new
9 crime of conviction otherwise
presumes a nonprison sentence. In this
10 event, imposition of a prison sentence for
the new crime does not con-
11 stitute a departure. When a new felony is
committed while the offender
12 is on release for a felony pursuant to the
provisions of article 28 of chapter
13 22 of the Kansas Statutes Annotated, a new
sentence may be imposed
14 pursuant to the consecutive sentencing
requirements of K.S.A. 21-4608
15 and amendments thereto, and the court may
sentence the offender to
16 imprisonment for the new conviction, even
when the new crime of con-
17 viction otherwise presumes a nonprison
sentence. In this event, imposi-
18 tion of a prison sentence for the new crime
does not constitute a
19 departure.
20 Prior to imposing a
dispositional departure for a defendant whose of-
21 fense is classified in the presumptive
nonprison grid block of either sen-
22 tencing guideline grid, prior to sentencing
a defendant to incarceration
23 whose offense is classified in grid blocks
5-H, 5-I or 6-G of the sentencing
24 guidelines grid for nondrug crimes or in
grid blocks 3-E, 3-F, 3-G, 3-H,
25 3-I, 4-E or 4-F of the sentencing
guidelines grid for drug crimes, or prior
26 to revocation of a nonprison sanction of a
defendant whose offense is
27 classified in the presumptive nonprison
grid block of either sentencing
28 guideline grid or grid blocks 5-H, 5-I or
6-G of the sentencing guidelines
29 grid for nondrug crimes or in grid blocks
3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
30 4-F of the sentencing guidelines grid for
drug crimes, the court shall
31 consider placement of the defendant in the
Labette correctional conser-
32 vation camp, conservation camps established
by the secretary of correc-
33 tions pursuant to K.S.A. 75-52,127, and
amendment thereto or a com-
34 munity intermediate sanction center.
Pursuant to this paragraph the
35 defendant shall not be sentenced to
imprisonment if space is available in
36 a conservation camp or a community
intermediate sanction center and
37 the defendant meets all of the conservation
camp's or a community in-
38 termediate sanction center's placement
criteria unless the court states on
39 the record the reasons for not placing the
defendant in a conservation
40 camp or a community intermediate sanction
center.
41 The court in
committing a defendant to the custody of the secretary of
42 corrections shall fix a term of confinement
within the limits provided by
43 law. In those cases where the law does not
fix a term of confinement for
7
1 the crime for which the defendant was
convicted, the court shall fix the
2 term of such confinement.
3 In addition to
any of the above, the court shall order the defendant to
4 reimburse the state general fund for
all or a part of the expenditures by
5 the state board of indigents' defense
services to provide counsel and other
6 defense services to the defendant. In
determining the amount and
7 method of payment of such sum, the
court shall take account of the
8 financial resources of the defendant
and the nature of the burden that
9 payment of such sum will impose. A
defendant who has been required
10 to pay such sum and who is not willfully in
default in the payment thereof
11 may at any time petition the court which
sentenced the defendant to
12 waive payment of such sum or any unpaid
portion thereof. If it appears
13 to the satisfaction of the court that
payment of the amount due will im-
14 pose manifest hardship on the defendant or
the defendant's immediate
15 family, the court may waive payment of all
or part of the amount due or
16 modify the method of payment. The amount of
attorney fees to be in-
17 cluded in the court order for reimbursement
shall be the amount claimed
18 by appointed counsel on the payment voucher
for indigents' defense serv-
19 ices or the amount prescribed by the board
of indigents' defense services
20 reimbursement tables as provided in K.S.A.
22-4522, and amendments
21 thereto, whichever is less.
22 (b) Dispositions
which do not involve commitment to the custody of
23 the secretary of corrections shall not
entail the loss by the defendant of
24 any civil rights. Placement of offenders in
a conservation camp established
25 by the secretary of corrections pursuant to
K.S.A. 75-52,127, and amend-
26 ments thereto, as a nonimprisonment
disposition shall not entail the loss
27 by the defendant of any civil rights.
28 (c) This section
shall not deprive the court of any authority conferred
29 by any other Kansas statute to decree a
forfeiture of property, suspend
30 or cancel a license, remove a person from
office, or impose any other civil
31 penalty as a result of conviction of
crime.
32 (d) An
application for or acceptance of probation or assignment to a
33 community correctional services program
shall not constitute an acqui-
34 escence in the judgment for purpose of
appeal, and any convicted person
35 may appeal from such conviction, as
provided by law, without regard to
36 whether such person has applied for
probation, suspended sentence or
37 assignment to a community correctional
services program.
38 (e) The secretary
of corrections is authorized to make direct place-
39 ment to the Labette correctional
conservation camp or a conservation
40 camp established by the secretary pursuant
to K.S.A. 75-52,127, and
41 amendments thereto, of an inmate sentenced
to the secretary's custody
42 if the inmate: (1) Has been sentenced to
the secretary for a probation
43 revocation, as a departure from the
presumptive nonimprisonment grid
8
1 block of either sentencing grid, or
for an offense which is classified in
2 grid blocks 5-H, 5-I, or 6-G of the
sentencing guidelines grid for nondrug
3 crimes or in grid blocks 3-E, 3-F,
3-G, 3-H, 3-I, 4-E, or 4-F of the sen-
4 tencing guidelines grid for drug
crimes; and (2) otherwise meets admis-
5 sion criteria of the camp. If the
inmate successfully completes the six-
6 month conservation camp program, the
secretary of corrections shall
7 report such completion to the
sentencing court and the county or district
8 attorney. The inmate shall then be
assigned by the court to six months of
9 follow-up supervision conducted by
the appropriate community correc-
10 tions services program. The court may also
order that supervision con-
11 tinue thereafter for the length of time
authorized by K.S.A. 21-4611 and
12 amendments thereto.
13 (f) When it is
provided by law that a person shall be sentenced pur-
14 suant to K.S.A. 1993 Supp. 21-4628, prior
to its repeal, the provisions of
15 this section shall not apply.
16 Sec.
3. K.S.A. 1999 Supp. 23-496 is hereby amended to read as
fol-
17 lows: 23-496. (a) The court trustee shall
be authorized and empowered
18 to pursue all civil remedies which would be
available to the obligee or
19 obligor in establishing and enforcing
payment of support or restitution.
20 (b) The court
trustee may also file motions for an increase or a de-
21 crease of the amount of support on behalf
of any child. Any such motion
22 to modify the amount of support shall not
be heard until notice has been
23 given to the obligee, the obligor and their
attorneys of record, if any.
24 (c) The court
trustee shall have the following additional powers and
25 duties upon approval of the chief
judge:
26 (1) To issue
summonses, administrative subpoenas and subpoenas
27 duces tecum to obligors, obligees and other
witnesses who possess knowl-
28 edge or books and records relating to
enforcement of support or resti-
29 tution to appear in the office of the
trustee or before the district court
30 for examination;
31 (2) to administer
oaths and take sworn testimony on the record or by
32 affidavit;
33 (3) to appoint
special process servers as required to carry out the
34 court trustee's responsibilities under this
section;
35 (4) to enter into
stipulations, acknowledgments, agreements and jour-
36 nal entries, subject to approval of the
court; and
37 (5) to enter into
contracts pursuant to K.S.A. 75-719 K.S.A.
75-719
38 or section 1, and
amendments thereto, with the attorney general
attorney
39 general or the chief
judge for the collection of debts owed to courts or
40 restitution owed to obligees.
41 Sec. 4. K.S.A. 1999 Supp.
21-4603d, and 23-496 and
75-719 are
42 hereby repealed.
9
1 Sec. 5. This act
shall take effect and be in force from and after its
2 publication in the statute book.