An Act concerning inmates in the custody of the secretary of corrections; relating to docket fees; good time credits; habeas corpus actions; amending K.S.A. 21-4722, 22-3725, 60- 1501 and 60-1502 and K.S.A. 1995 Supp. 60-2001 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-4722 is hereby amended to read as follows: 21- 4722. (a) For purposes of determining release of an inmate for a crime committed on or after July 1, 1993, the following shall apply with regard to good time calculations:
(1) A system shall be developed whereby good behavior by inmates is the expected norm and negative behavior will be punished; and
(2) the amount of time which can be earned by an inmate and sub- tracted from any sentence is limited to an amount equal to 15% of the prison part of the sentence.
(b) Any time which is earned and subtracted from any presumptive sentence of any inmate pursuant to good time calculation shall be added to such inmate's time of postrelease supervision.
(c) The secretary of corrections is hereby authorized to adopt rules and regulations to carry out the provisions of this act regarding good time calculations. Such rules and regulations shall provide circumstances upon which an inmate may earn good time credits and for the forfeiture of earned credits and such circumstances may include factors substantially related to program and work participation and conduct and the inmate's willingness to examine and confront the past behavior patterns that re- sulted in the commission of the inmate's crimes.
(d) An inmate shall not be awarded good time credits pursuant to this section for any review period established by the secretary of corrections in which a court finds that the inmate has done any of the following while in the custody of the secretary of corrections:
(1) Filed a false or malicious action or claim with the court;
(2) brought an action or claim with the court solely or primarily for delay or harassment;
(3) testified falsely or otherwise submitted false evidence or infor- mation to the court;
(4) attempted to create or obtain a false affidavit, testimony or evi- dence; or
(5) abused the discovery process in any judicial action or proceeding.
Sec. 2. K.S.A. 22-3725 is hereby amended to read as follows: 22- 3725. (a) Except as otherwise provided for crimes committed by inmates on or after July 1, 1993, for the purpose of determining an inmate's eli- gibility for parole or conditional release, regardless of when the inmate was sentenced or committed the crime for which sentenced, good time credits shall be allocated as follows:
SENTENCE GOOD TIME EARNED MUST SERVE
Minimum (or) Maximum Years Months Years Months
1 0 4 0 8
2 1 0 1 0
3 1 6 1 6
4 2 0 2 0
5 2 6 2 6
6 3 0 3 0
7 3 6 3 6
8 4 0 4 0
9 4 6 4 6
10 5 0 5 0
11 5 6 5 6
12 6 0 6 0
13 6 6 6 6
14 7 0 7 0
15 7 6 7 6
16 8 0 8 0
17 8 6 8 6
18 9 0 9 0
19 9 6 9 6
20 10 0 10 0
21 10 6 10 6
22 11 0 11 0
23 11 6 11 6
24 12 0 12 0
25 12 6 12 6
26 13 0 13 0
27 13 6 13 6
28 14 0 14 0
29 14 6 14 6
30 15 0 15 0
31 15 6 15 6
32 16 0 16 0
33 16 6 16 6
34 17 0 17 0
35 17 6 17 6
36 18 0 18 0
37 18 6 18 6
38 19 0 19 0
39 19 6 19 6
40 20 0 20 0
41 20 6 20 6
42 21 0 21 0
43 21 6 21 6
44 22 0 22 0
45 22 6 22 6
46 23 0 23 0
47 23 6 23 6
48 24 0 24 0
49 24 6 24 6[PN502,,,L,I0]
50 25 0 25 0
51 25 6 25 6
52 26 0 26 0
53 26 6 26 6
54 27 0 27 0
55 27 6 27 6
56 28 0 28 0
57 28 6 28 6
58 29 0 29 0
59 29 6 29 6
60 30 0 30 0
61 30 6 30 6
62 31 0 31 0
63 31 6 31 6
64 32 0 32 0
65 32 6 32 6
66 33 0 33 0
67 33 6 33 6
68 34 0 34 0
69 34 6 34 6
70 35 0 35 0
71 35 6 35 6
72 36 0 36 0
73 36 6 36 6
74 37 0 37 0
75 37 6 37 6
76 38 0 38 0
77 38 6 38 6
78 39 0 39 0
79 39 6 39 6
80 40 0 40 0
81 40 6 40 6
82 41 0 41 0
83 41 6 41 6
84 42 0 42 0
85 42 6 42 6
86 43 0 43 0
87 43 6 43 6
88 44 0 44 0
89 44 6 44 6
90 45 0 45 0
91 45 6 45 6
92 46 0 46 0
93 46 6 46 6
94 47 0 47 0
95 47 6 47 6
96 48 0 48 0
97 48 6 48 6
98 49 0 49 0
99 49 6 49 6
100 50 0 50 0
(b) Maximum good time credits for sentences of less than two years shall be computed as follows: One day for every two days served and one month for every year served.
(c) Maximum good time credits for sentences two years or greater shall be computed as follows: One-half of the sentence.
(d) Good time credits shall be awarded on an earned basis pursuant to rules and regulations adopted by the secretary of corrections.
(e) The provisions of this section shall not apply to crimes
committed by inmates on or after July 1, 1993. Good time
calculations for such crimes shall be as provided in K.S.A.
1994 Supp. 21-4722 and amendments thereto.
(f) An inmate shall not be awarded good time credits pursuant to this section for any review period established by the secretary of corrections in which a court finds that the inmate has done any of the following while in the custody of the secretary of corrections:
(1) Filed a false or malicious action or claim with the court;
(2) brought an action or claim with the court solely or primarily for delay or harassment;
(3) testified falsely or otherwise submitted false evidence or infor- mation to the court;
(4) attempted to create or obtain a false affidavit, testimony or evi- dence; or
(5) abused the discovery process in any judicial action or proceeding. Sec. 3. K.S.A. 60-1501 is hereby amended to read as follows: 60- 1501. (a) Subject to the provisions of K.S.A. 60-1507, and amendments thereto, any person in this state who is detained, confined, or restrained of liberty on any pretense whatsoever, and any parent, guardian, or next friend for the protection of infants or allegedly incapacitated or incom- petent persons, physically present in this state may prosecute a writ of habeas corpus in the supreme court, court of appeals or the district court of the county in which such restraint is taking place. No docket fee shall be required, as long as the petitioner complies with the provisions of subsection (b) of K.S.A. 60-2001 and amendments thereto.
(b) Except as provided in K.S.A. 60-1507, and amendments thereto, an inmate in the custody of the secretary of corrections shall file a petition for writ pursuant to subsection (a) within 30 days from the date the action was final, but such time is extended during the pendency of the inmate's timely attempts to exhaust such inmate's administrative remedies.
Sec. 4. K.S.A. 60-1502 is hereby amended to read as follows: 60-
1502. The petition shall be verified and state: (1) The place where
the person is restrained and by whom,; (2)
the cause or pretense of the re- straint to the best of plaintiff's
knowledge and belief,; and (3) why the
restraint is wrongful. Individuals in the custody of the
secretary of cor- rections must also include a list of all civil
actions, including habeas corpus actions, the inmate has filed, or
participated in, in any state court within the last five
years.
Sec. 5. K.S.A. 1995 Supp. 60-2001 is hereby amended to read as follows: 60-2001. (a) Docket fee. Except as otherwise provided by law, no case shall be filed or docketed in the district court, whether original or appealed, without payment of a docket fee in the amount of $61.50 to the clerk of the district court.
(b) Poverty affidavit in lieu of docket fee. (1)
Effect. In any case where a plaintiff by reason of poverty
is unable to pay a docket fee, and an affidavit so stating is
filed, no fee will be required. An inmate in the custody of the
secretary of corrections may file a poverty affidavit only if the
inmate attaches a statement of the balance in the inmate's
trust fund disclosing the average account balance, or
the total deposits, whichever is less, in the inmate's trust fund
for each month in (A) the six-month period preceding the filing of
the action; or (B) the current period of incarceration, whichever
is shorter. Such statement shall be certified by the secretary.
On receipt of the affidavit and attached statement, the court shall
determine the costs the initial fee to be
assessed for filing the action but and
in no event shall the court require an inmate to pay less than $3.
The secretary of corrections is hereby authorized to disburse money
from the inmate's account to pay the costs as determined by the
court. If the inmate has a zero balance in such inmate's account,
the secretary shall debit such account in the amount of $3 per
docket filing fee as established by the
court until money is credited to the account to pay such docket
fee. Any initial filing fees assessed pursuant to this
subsection shall not prevent the court, pursuant to subsection (d),
from taxing that individual for the remainder of the amount
required under subsection (a) or this subsection.
(2) Form of affidavit. The affidavit provided for in this subsection shall be in the following form and attached to the petition: State of Kansas, ____________ County.
In the district court of the county: I do solemnly swear that the claim set forth in the petition herein is just, and I do further swear that, by reason of my poverty, I am unable to pay a docket fee.
(c) Disposition of docket fee. The docket fee shall be the only costs assessed in each case for services of the clerk of the district court and the sheriff. The docket fee shall be disbursed in accordance with K.S.A. 20- 362 and amendments thereto.
(d) Additional court costs. Other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute. Other fees shall include, but not be limited to, witness fees, appraiser fees, fees for service of process outside the state, fees for depositions, alternative dispute resolution fees, transcripts and publica- tion, attorney fees, court costs from other courts and any other fees and expenses required by statute. All additional court costs shall be taxed and billed against the parties as directed by the court. No sheriff in this state shall charge any district court in this state a fee or mileage for serving any paper or process.
Sec. 6. K.S.A. 21-4722, 22-3725, 60-1501 and 60-1502 and K.S.A. 1995 Supp. 60-2001 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.
Approved April 10, 1996.