60             1997 Session Laws of Kansas             Ch.23

An Act concerning criminal procedure; relating to parole and the Kansas parole board;
amending K.S.A. 22-3701, 22-3707, 22-3709, 22-3712 and 22-3718 and K.S.A. 1996 Supp. 22-3717 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 22-3701 is hereby amended to read as follows:
22-3701. (1) The governor may pardon, or commute the sentence of, any
person convicted of a crime in any court of this state upon such terms

Ch. 23             1997 Session Laws of Kansas             61

and conditions as prescribed in the order granting the pardon or com-
mutation.

(2) The Kansas parole board, hereafter referred to as the board, shall
adopt rules and regulations governing the procedure for initiating, proc-
essing, and hearing reviewing applications for pardon, or commutation of
sentence filed by and on behalf of persons convicted of crime.

(3) Except as otherwise provided, no pardon or commutation of sen-
tence shall be granted until more than 30 days after written notice of the
application therefor has been given to: (a) The prosecuting attorney and
the judge of the court in which the defendant was convicted; and (b) any
victim of the person's crime or the victims' victim's family, if the person
was convicted of a crime specified in article 34, 35 or 36 of chapter 21 of
the Kansas statutes annotated. Notice of such application for pardon or
commutation of sentence and of the hearing thereon shall be given by
the secretary of corrections to the victim who is alive and whose address
is known to the secretary of corrections, or if the victim is deceased, to
the victims' victim's family if the family's address is known to the secretary
of corrections. Notice of the hearing on receipt of such application shall
be given by publication in the official county paper of the county of con-
viction not more than 30 days nor less than 15 days prior to such hearing.
The form of notice shall be prescribed by the board. If the applicant
executes a poverty affidavit, the cost of one publication of the notice
during a twelve-month period shall be paid by the state. If more than one
notice of application is published during any twelve-month period the
additional cost of publication shall be paid by the applicant. Subject to
the provisions of subsection (4), if written notification is not given to such
victim who is alive and whose address is known to the secretary of cor-
rections or, if the victim is deceased, to the victim's family if the family's
address is known to the secretary of corrections, the governor shall not
grant or deny such application until a time at least 30 days after notifi-
cation is given by publication as provided in this section.

(4) All applications for pardon or commutation of sentence shall be
referred to the board. The board shall examine each case and submit a
report, together with such information as the board may have concerning
the applicant, to the governor within 120 days after referral to the board.
The governor shall not grant or deny any such application until the gov-
ernor has received the report of the board or until 120 days after the
referral to the board, whichever time is the shorter and the provisions of
subsection (3) have been satisfied.

Sec. 2. K.S.A. 22-3707 is hereby amended to read as follows: 22-
3707. (a) On and after July 1, 1997, the Kansas parole board shall consist
of five four members appointed by the governor, subject to confirmation
by the senate as provided in K.S.A. 75-4315b and amendments thereto.
Except as provided by K.S.A. 1995 1996 Supp. 46-2601, and amendments

62             1997 Session Laws of Kansas             Ch. 23

thereto, no person shall exercise any power, duty or function as a member
of the board until confirmed by the senate. No successor shall be ap-
pointed as provided in this section for any member of the Kansas parole
board whose term expires on June 30, 1997. On and after July 1, 1997,
no appointment shall be made that would result in more than three two
members of the board shall be being members of the same political party.
Except as provided by subsection (b), the term of office of the members
of the board shall be four years and until their successors are appointed
and confirmed. If a vacancy occurs in the membership of the board before
the expiration of the term of office, a successor shall be appointed for the
remainder of the unexpired term in the same manner that original ap-
pointments are made. Each member of the board shall devote the mem-
ber's full time to the duties of membership on the board.

(b) The terms of members who are serving on the board on the ef-
fective date of this act shall expire on January 15, of the year in which
such member's term would have expired under the provisions of this
section prior to amendment by this act. Thereafter, members shall be
appointed for terms of four years and until their successors are appointed
and confirmed.

(c) The governor may not remove any member of the Kansas parole
board except for disability, inefficiency, neglect of duty or malfeasance in
office. Before removal, the governor shall give the member a written copy
of the charges against the member and shall fix the time when the mem-
ber can be heard at a public hearing, which shall not be less than 10 days
thereafter. Upon removal, the governor shall file in the office of the sec-
retary of state a complete statement of all charges made against the mem-
ber and the findings thereupon, with a complete record of the proceed-
ings.

Sec. 3. K.S.A. 22-3709 is hereby amended to read as follows: 22-
3709. (a) The chairperson and vice-chairperson of the Kansas parole
board shall be designated by the governor. The chairperson of the board
shall have the authority to organize and administer the activities of the
board. The chairperson of the board may designate panels, consisting of
three members of the board, which shall have the full authority and power
of the board to order the denial, grant or revocation of an inmate's parole
or conditional release, or for crimes committed on or after July 1, 1993,
grant parole for off-grid crimes or revocation of postrelease supervision
or to order the revocation of an inmate's conditional release, upon hearing
by one or more members of the panel. The director of the board shall
act as secretary to the board.

(b) Any decision of the Kansas parole board granting original parole
to an inmate sentenced for a class A or class B felony or for off-grid crimes
committed on or after July 1, 1993, shall be by unanimous vote of all
members of the three-member panel acting on such parole except that,

Ch. 23             1997 Session Laws of Kansas             63

if two members of such panel vote to parole the inmate, the full mem-
bership of the board shall review the decision of the panel and may parole
such inmate upon the vote of four three members of the board.

Sec. 4. K.S.A. 22-3712 is hereby amended to read as follows: 22-
3712. The Kansas parole board may establish and maintain residence
facilities for the housing of probationers, parolees or persons on post-
release supervision, or may contract for such housing in facilities approved
by it; it may establish and maintain diagnostic and treatment facilities for
persons referred during presentence investigation or on probation, parole
or postrelease supervision, or may contract for such facilities. As a con-
dition of probation, parole or postrelease supervision, a probationer, pa-
rolee or person on postrelease supervision may be placed in such resi-
dence, a diagnostic, or treatment facility by order of the court or parole
board. Placement in a diagnostic or treatment facility shall not exceed 90
days or the maximum period of the prison sentence that could be im-
posed, but may be renewed for further ninety-day periods on certificates
presented to the court by the director of such facility.

Sec. 5. K.S.A. 1996 Supp. 22-3717 is hereby amended to read as
follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
4638 and amendments thereto, an inmate, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court,
less good time credits.

(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
amendments thereto, an inmate sentenced to imprisonment for the crime
of capital murder, or an inmate sentenced for the crime of murder in the
first degree based upon a finding of premeditated murder, committed on
or after July 1, 1994, shall be eligible for parole after serving 25 years of
confinement, without deduction of any good time credits.

(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
and amendments thereto, an inmate sentenced to imprisonment for an
off-grid offense committed on or after July 1, 1993, shall be eligible for
parole after serving 15 years of confinement, without deduction of any
good time credits.

(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
repeal, an inmate sentenced for a class A felony committed before July
1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
amendments thereto, shall be eligible for parole after serving 15 years of
confinement, without deduction of any good time credits.

(4) An inmate sentenced to imprisonment for a violation of subsec-
tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after

64             1997 Session Laws of Kansas             Ch. 23

July 1, 1996, shall be eligible for parole after serving 10 years of confine-
ment without deduction of any good time credits.

(c) Except as provided in subsection (e), if an inmate is sentenced to
imprisonment for more than one crime and the sentences run consecu-
tively, the inmate shall be eligible for parole after serving the total of:

(1) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608 and amendments thereto, less good time credits for those
crimes which are not class A felonies; and

(2) an additional 15 years, without deduction of good time credits,
for each crime which is a class A felony.

(d) (1) Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, will not be eligible for parole, but will
be released to a mandatory period of postrelease supervision upon com-
pletion of the prison portion of their sentence as follows:

(A) Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 1 through 6 crimes and drug severity
levels 1 through 3 crimes must serve 36 months, plus the amount of good
time earned and retained pursuant to K.S.A. 21-4722 and amendments
thereto, on postrelease supervision.

(B) Except as provided in subparagraphs (C) and (D), persons sen-
tenced for nondrug severity level 7 through 10 crimes and drug severity
level 4 crimes must serve 24 months, plus the amount of good time earned
and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
postrelease supervision.

(C) (i) The sentencing judge shall impose the postrelease supervision
period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
finds substantial and compelling reasons to impose a departure based
upon a finding that the current crime of conviction was sexually violent
or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.

(ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure. De-
partures in this section are subject to appeal pursuant to K.S.A. 21-4721
and amendments thereto.

(iii) In determining whether substantial and compelling reasons exist,
the court shall consider:

(a) Written briefs or oral arguments submitted by either the defen-
dant or the state;

(b) any evidence received during the proceeding;

(c) the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to subsection
(e) of K.S.A. 21-4714 and amendments thereto; and

(d) any other evidence the court finds trustworthy and reliable.

(iv) The sentencing judge may order that a psychological evaluation

Ch. 23             1997 Session Laws of Kansas             65

be prepared and the recommended programming be completed by the
offender. The department of corrections or the parole board shall ensure
that court ordered sex offender treatment be carried out.

(v) In carrying out the provisions of subparagraph (d)(1)(C), the court
shall refer to K.S.A. 21-4718 and amendments thereto.

(vi) Upon petition, the parole board may provide for early discharge
from the postrelease supervision period upon completion of court or-
dered programs and completion of the presumptive postrelease super-
vision period, as determined by the crime of conviction, pursuant to sub-
paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
is at the discretion of the parole board.

(vii) Persons convicted of crimes deemed sexually violent or sexually
motivated, shall be registered according to the habitual sex offender reg-
istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.

(D) The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months based on the offender's
compliance with conditions of supervision and overall performance while
on postrelease supervision. The reduction in the supervision period shall
be on an earned basis pursuant to rules and regulations adopted by the
secretary of corrections.

(E) In cases where sentences for crimes from more than one severity
level have been imposed, the highest severity level offense will dictate
the period of postrelease supervision. Supervision periods will not aggre-
gate.

(2) As used in this section, ``sexually violent crime'' means:

(A) Rape, K.S.A. 21-3502, and amendments thereto;

(B) indecent liberties with a child, K.S.A. 21-3503, and amendments
thereto;

(C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
amendments thereto;

(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
and amendments thereto;

(E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
thereto;

(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
thereto;

(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
amendments thereto;

(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
thereto;

(I) aggravated sexual battery, K.S.A. 21-3518, and amendments
thereto;

(J) any conviction for a felony offense in effect at any time prior to
the effective date of this act, that is comparable to a sexually violent crime
as defined in subparagraphs (A) through (I), or any federal or other state

66             1997 Session Laws of Kansas             Ch. 23

conviction for a felony offense that under the laws of this state would be
a sexually violent crime as defined in this section;

(K) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
violent crime as defined in this section; or

(L) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ``sexually motivated'' means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant's sexual gratification.

(e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the Kansas parole board
may postpone the inmate's parole eligibility date by assessing a penalty
not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.

(f) If a person is sentenced to prison for a crime committed on or
after July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, the new sentence shall not be aggregated
with the old sentence, but shall begin when the person is paroled or
reaches the conditional release date on the old sentence. If the offender
was past the offender's conditional release date at the time the new of-
fense was committed, the new sentence shall not be aggregated with the
old sentence but shall begin when the person is ordered released by the
Kansas parole board or reaches the maximum sentence expiration date
on the old sentence, whichever is earlier. The new sentence shall then
be served as otherwise provided by law. The period of postrelease su-
pervision shall be based on the new sentence, except that those offenders
whose old sentence is a term of imprisonment for life, imposed pursuant
to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
sentence with a maximum term of life imprisonment, for which there is
no conditional release or maximum sentence expiration date, shall remain
on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.

(g) Subject to the provisions of this section, the Kansas parole board
may release on parole those persons confined in institutions who are el-
igible for parole when: (1) The board believes that the inmate should be
released for hospitalization, for deportation or to answer the warrant or
other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the com-
munity or to the inmate; or (2) the secretary of corrections has reported

Ch. 23             1997 Session Laws of Kansas             67

to the board in writing that the inmate has satisfactorily completed the
programs required by any agreement entered under K.S.A. 75-5210a and
amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a
law abiding citizen and is of the opinion that there is reasonable proba-
bility that the inmate can be released without detriment to the community
or to the inmate. Parole shall not be granted as an award of clemency and
shall not be considered a reduction of sentence or a pardon.

(h) The Kansas parole board shall hold a parole hearing during at
least the month prior to the month an inmate will be eligible for parole
under subsections (a), (b) and (c). At least the month preceding the parole
hearing, the county or district attorney of the county where the inmate
was convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or,
if the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone
a parole hearing. In the case of any inmate convicted of a class A felony
the secretary of corrections shall give written notice of the time and place
of the public comment session for such inmate at least one month pre-
ceding the public comment session to any victim of such inmate's crime
or the victim's family pursuant to K.S.A. 74-7338 and amendments
thereto. If notification is not given to such victim or such victim's family
in the case of any inmate convicted of a class A felony, the board shall
postpone a decision on parole of the inmate to a time at least 30 days
after notification is given as provided in this section. Nothing in this sec-
tion shall create a cause of action against the state or an employee of the
state acting within the scope of the employee's employment as a result
of the failure to notify pursuant to this section. If granted parole, the
inmate may be released on parole on the date specified by the board, but
not earlier than the date the inmate is eligible for parole under subsec-
tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
at such intervals thereafter as it determines appropriate, the Kansas parole
board shall consider: (1) Whether the inmate has satisfactorily completed
the programs required by any agreement entered under K.S.A. 75-5210a
and amendments thereto, or any revision of such agreement; and (2) all
pertinent information regarding such inmate, including, but not limited
to, the circumstances of the offense of the inmate; the presentence report;
the previous social history and criminal record of the inmate; the conduct,
employment, and attitude of the inmate in prison; the reports of such
physical and mental examinations as have been made; comments of the
victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.

(i) In those cases involving inmates sentenced for a crime committed

68             1997 Session Laws of Kansas             Ch. 23

after July 1, 1993, the parole board will review the inmates proposed
release plan. The board may schedule a hearing if they desire. The board
may impose any condition they deem necessary to insure public safety,
aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and
amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain
in the legal custody of the secretary of corrections and is subject to the
orders of the secretary.

(j) Within a reasonable time after an inmate is committed to the cus-
tody of the secretary of corrections, a member of the Kansas parole board,
or a designee of the board, shall hold an initial informational hearing with
such inmate and other inmates.

(k) Before ordering the parole of any inmate, the Kansas parole board
shall have the inmate appear before it either in person or via a video
conferencing format and shall interview the inmate unless impractical
because of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary.
Whenever the Kansas parole board formally considers placing an inmate
on parole and no agreement has been entered into with the inmate under
K.S.A. 75-5210a and amendments thereto, the board shall notify the in-
mate in writing of the reasons for not granting parole. If an agreement
has been entered under K.S.A. 75-5210a and amendments thereto and
the inmate has not satisfactorily completed the programs specified in the
agreement, or any revision of such agreement, the board shall notify the
inmate in writing of the specific programs the inmate must satisfactorily
complete before parole will be granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board
shall grant parole upon the secretary's certification that the inmate has
successfully completed such programs. If an agreement has been entered
under K.S.A. 75-5210a and amendments thereto and the secretary of
corrections has reported to the board in writing that the inmate has sat-
isfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program participa-
tion. However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A
or class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
parole board finds that it is not reasonable to expect that parole would
be granted at a hearing if held in the next three years or during the interim
period of a deferral. In such case, the parole board may defer subsequent
parole hearings for up to three years but any such deferral by the board

Ch. 23             1997 Session Laws of Kansas             69

shall require the board to state the basis for its findings. If parole is denied
for an inmate sentenced for a class A or class B felony or an off-grid
felony, the board shall hold another parole hearing for the inmate not
later than three years after the denial unless the parole board finds that
it is not reasonable to expect that parole would be granted at a hearing if
held in the next 10 years or during the interim period of a deferral. In
such case, the parole board may defer subsequent parole hearings for up
to 10 years but any such deferral shall require the board to state the basis
for its findings.

(l) (k) Parolees and persons on postrelease supervision shall be as-
signed, upon release, to the appropriate level of supervision pursuant to
the criteria established by the secretary of corrections.

(m) (l) The Kansas parole board shall adopt rules and regulations in
accordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
consistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution and other conditions to be im-
posed upon parolees or releasees. Whenever an order for parole or post-
release supervision is issued it shall recite the conditions thereof.

(n) (m) Whenever the Kansas parole board orders the parole of an
inmate or establishes conditions for an inmate placed on postrelease su-
pervision, the board:

(1) Unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order as a condition of parole or post-
release supervision that the parolee or the person on postrelease super-
vision pay any transportation expenses resulting from returning the pa-
rolee or the person on postrelease supervision to this state to answer
criminal charges or a warrant for a violation of a condition of probation,
assignment to a community correctional services program, parole, con-
ditional release or postrelease supervision;

(2) to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease su-
pervision make progress towards or successfully complete the equivalent
of a secondary education if the inmate has not previously completed such
educational equivalent and is capable of doing so; and

(3) may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental agen-
cies, private corporations organized not-for-profit or charitable or social
service organizations performing services for the community.

(o) (n) If the court which sentenced an inmate specified at the time
of sentencing the amount and the recipient of any restitution ordered as
a condition of parole or postrelease supervision, the Kansas parole board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would ren-

70             1997 Session Laws of Kansas             Ch. 23

der a plan of restitution unworkable. If the parolee was sentenced before
July 1, 1986, and the court did not specify at the time of sentencing the
amount and the recipient of any restitution ordered as a condition of
parole, the parole board shall order as a condition of parole that the
parolee make restitution for the damage or loss caused by the parolee's
crime in an amount and manner determined by the board unless the
board finds compelling circumstances which would render a plan of res-
titution unworkable. If the parolee was sentenced on or after July 1, 1986,
and the court did not specify at the time of sentencing the amount and
the recipient of any restitution ordered as a condition of parole or post-
release supervision, the parole board shall not order restitution as a con-
dition of parole or postrelease supervision unless the board finds com-
pelling circumstances which justify such an order.

(p) (o) Whenever the Kansas parole board grants the parole of an
inmate, the board, within 10 days of the date of the decision to grant
parole, shall give written notice of the decision to the county or district
attorney of the county where the inmate was sentenced.

(q) (p) When an inmate is to be released on postrelease supervision,
the secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.

(r) (q) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while
on postrelease supervision will vest.

(s) (r) An inmate who is allocated regular good time credits as pro-
vided in K.S.A. 22-3725 and amendments thereto may receive meritori-
ous good time credits in increments of not more than 90 days per meri-
torious act. These credits may be awarded by the secretary of corrections
when an inmate has acted in a heroic or outstanding manner in coming
to the assistance of another person in a life threatening situation, pre-
venting injury or death to a person, preventing the destruction of property
or taking actions which result in a financial savings to the state.

Sec. 6. K.S.A. 22-3718 is hereby amended to read as follows: 22-
3718. Upon release, an inmate who has served the inmate's maximum
term or terms, less such work and good behavior credits as have been
earned, shall, upon release, shall be subject to such written rules and
conditions as the Kansas parole board may impose, until the expiration
of the maximum term or terms for which the inmate was sentenced or
until the inmate is otherwise discharged. If the court which sentenced an
inmate specified at the time of sentencing the amount and the recipient
of any restitution ordered as a condition of release pursuant to this sec-
tion, the parole board may set aside restitution as a condition of release
payment of restitution, if the board finds compelling circumstances which
would render a plan of restitution unworkable. If the inmate was sen-

Ch. 23             1997 Session Laws of Kansas             71

tenced before July 1, 1986, and the court did not specify at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of release, the parole board shall order as a condition of release
that the inmate make restitution for the damage or loss caused by the
inmate's crime in an amount and manner determined by the board unless
the board finds compelling circumstances which would render a plan of
restitution unworkable. If the inmate was sentenced on or after July 1,
1986, and the court did not specify at the time of sentencing the amount
and the recipient of any restitution ordered as a condition of release
pursuant to this section, the parole board shall not order restitution as a
condition of release unless the board finds compelling circumstances
which justify such an order. Prior to the release of any inmate on parole,
conditional release or expiration of sentence, if an inmate is released into
the community under a program under the supervision of the secretary
of corrections, the secretary shall give written notice of such release to
any victim or victim's family as provided in K.S.A. 22-3727, and amend-
ments thereto.

Sec. 7. K.S.A. 22-3701, 22-3707, 22-3709, 22-3712 and 22-3718 and
K.S.A. 1996 Supp. 22-3717 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 31, 1997.

Published in the Kansas Register: April 10, 1997.