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Session of 2000
          Substitute for SENATE BILL No. 322           By Committee on Federal and State Affairs           2-21          

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  9             AN  ACT concerning persons in the custody of the secretary of correc-
10             tions; relating to early medical release.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) When used in this section, the term ``crime'' shall mean
14       a crime classified as a nonperson felony or a nonperson misdemeanor or
15       a crime which would be classified as a nonperson felony or nonperson
16       misdemeanor if such crime had been committed on or after July 1, 1993.
17             (b)  (1) Upon application of the secretary of corrections or any person
18       convicted of a crime in any court of this state, the Kansas parole board
19       may grant early medical release to such person upon such terms and
20       conditions as prescribed in the order granting such release.
21             (2) The Kansas parole board shall adopt rules and regulations gov-
22       erning the procedure for initiating, processing, reviewing and establishing
23       criteria for approval of applications for early medical release filed by and
24       on behalf of persons convicted of crime. Rules and regulations adopted
25       by the Kansas parole board shall include criteria and guidelines for de-
26       termining whether the medical condition precludes the person from pos-
27       ing a threat to the public.
28             (3) Subject to the provisions of subsections (4) and (5), no early med-
29       ical release shall be granted until more than 30 days after written notice
30       of the application therefor has been given to: (A) The prosecuting attor-
31       ney and the judge of the court in which the defendant was convicted; and
32       (B) any victim of the person's crime or the victim's family. Notice of such
33       application shall be given by the secretary of corrections to the victim
34       who is alive and whose address is known to the secretary of corrections,
35       or if the victim is deceased, to the victim's family if the family's address
36       is known to the secretary of corrections. Notice of the receipt of such
37       application shall be given by publication in the official county paper of
38       the county of conviction. The form of notice shall be prescribed by the
39       board. Except as provided by this section, the cost of providing notice
40       shall be paid by the applicant. If the applicant executes a poverty affidavit,
41       the cost of one publication of the notice during a twelve-month period
42       shall be paid by the department of corrections. If more than one notice
43       of application for either a pardon or commutation pursuant to K.S.A. 22-

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  1       3701, and amendments thereto, or a medical release is published during
  2       any twelve-month period the additional cost of publication shall be paid
  3       by the applicant. Subject to the provisions of subsection (4), if written
  4       notification is not given to such victim who is alive and whose address is
  5       known to the secretary of corrections or, if the victim is deceased, to the
  6       victim's family if the family's address is known to the secretary of correc-
  7       tions, the board shall not grant or deny such application until a time at
  8       least 30 days after notification is given by publication as provided in this
  9       section.
10             (4) All applications for early medical release shall be referred to the
11       board. The board shall examine each case and may approve such appli-
12       cation and grant an early medical release, except as provided by subsec-
13       tion (5). No application for early medical release shall be approved unless
14       the board determines:
15             (A) The person is suffering from a terminal disease or condition;
16             (B) a reasonable probability exists that the person will not live to serve
17       the term to which sentenced;
18             (C) the person will not pose a threat of harm to the public due to
19       such terminal disease or condition; and
20             (D) the person will not violate any law or condition imposed by the
21       board.
22             (5) If the board approves an application for early medical release, the
23       board shall notify the governor of its recommendation and shall submit a
24       report, together with such information as the board may have concerning
25       the applicant, to the governor within 14 days after the date of approval
26       of the application. If within 14 days of receipt of the notice and report
27       required by this subsection, the governor rejects the board's approval of
28       early medical release, the board's approval shall be void and such person
29       shall not be granted an early medical release pursuant to this section.
30             (c)  (1) In the case of persons sentenced under the sentencing guide-
31       lines, application for early medical release from post release supervision
32       shall be made to the sentencing court. Upon application of the secretary
33       of corrections or any person convicted of a crime in any court of this state,
34       such court may grant early medical release to such person upon such
35       terms and conditions as prescribed in the order granting such release.
36             (2) The supreme court shall adopt rules and regulations governing
37       the procedure for initiating, processing, reviewing and establishing cri-
38       teria for approval of applications for early medical release filed by and on
39       behalf of persons convicted of crime. Rules and regulations adopted by
40       the supreme court shall include criteria and guidelines for determining
41       whether the medical condition precludes the person from posing a threat
42       to the public.
43             (3) Subject to the provisions of subsections (4) and (5), no early med-

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  1       ical release shall be granted until more than 30 days after written notice
  2       of the application therefor has been given to: (A) The prosecuting attor-
  3       ney; and (B) any victim of the person's crime or the victim's family. Notice
  4       of such application shall be given by the sentencing court to the victim
  5       who is alive and whose address is known to the court, or if the victim is
  6       deceased, to the victim's family if the family's address is known to the
  7       court. Notice of the receipt of such application shall be given by publi-
  8       cation in the official county paper of the county of conviction. The form
  9       of notice shall be prescribed by the supreme court. Except as provided
10       by this section, the cost of providing notice shall be paid by the applicant.
11       If the applicant executes a poverty affidavit, the cost of one publication
12       of the notice during a twelve-month period shall be paid by the court. If
13       more than one notice of application for either a pardon or commutation
14       pursuant to K.S.A. 22-3701, and amendments thereto, or a medical re-
15       lease is published during any twelve-month period the additional cost of
16       publication shall be paid by the applicant. Subject to the provisions of
17       subsection (4), if written notification is not given to such victim who is
18       alive and whose address is known to the court or, if the victim is deceased,
19       to the victim's family if the family's address is known to the court, the
20       court shall not grant or deny such application until a time at least 30 days
21       after notification is given by publication as provided in this section.
22             (4) The court shall examine each case and may approve such appli-
23       cation and grant an early medical release, except as provided by subsec-
24       tion (5). No application for early medical release shall be approved unless
25       the court determines:
26             (A) The person is suffering from a terminal disease or condition;
27             (B) a reasonable probability exists that the person will not live to serve
28       the term to which sentenced;
29             (C) the person will not pose a threat of harm to the public due to
30       such terminal disease or condition; and
31             (D) the person will not violate any law or condition imposed by the
32       court.
33             (5) If the court approves an application for early medical release, the
34       court shall notify the governor of its recommendation and shall submit a
35       report, together with such information as the court may have concerning
36       the applicant, to the governor within 14 days after the date of approval
37       of the application. If within 14 days of receipt of the notice and report
38       required by this subsection, the governor rejects the court's approval of
39       early medical release, the court's approval shall be void and such person
40       shall not be granted an early medical release pursuant to this section.
41             (d) Nothing in this section shall be construed to limit or preclude
42       submission of an application for pardon or commutation of sentence pur-
43       suant to K.S.A. 22-3701, and amendment thereto.

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  1        Sec.  2. This act shall take effect and be in force from and after its
  2       publication in the statute book.