CHAPTER 54 HOUSE BILL No. 2137 (Amended by Chapter 164) An  Act relating to the secretary of corrections; warrant for arrest of released inmate for
certain violations; amending K.S.A. 1998 Supp. 75-5217 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 75-5217 is hereby amended to read as
follows: 75-5217. (a) At any time during release on parole, conditional
release or postrelease supervision, the secretary of corrections may issue
a warrant for the arrest of a released inmate for violation of any of the
conditions of release, or a notice to appear to answer to a charge of vio-
lation. Such notice shall be served personally upon the released inmate.
The warrant shall authorize any law enforcement officer to arrest and
deliver the released inmate to a place as provided by subsection (f). Any
parole officer may arrest such released inmate without a warrant, or may
deputize any other officer with power of arrest to do so by giving such
officer a written arrest and detain order setting forth that the released
inmate, in the judgment of the parole officer, has violated the conditions
of the inmate's release. The written arrest and detain order delivered
with the released inmate by the arresting officer to the official in charge
of the institution or place to which the released inmate is brought for
detention shall be sufficient warrant for detaining the inmate. After mak-
ing an arrest the parole officer shall present to the detaining authorities
a similar arrest and detain order and statement of the circumstances of
violation. Pending a hearing, as provided in this section, upon any charge
of violation the released inmate shall remain incarcerated in the institu-
tion or place to which the inmate is taken for detention.

      (b) Upon such arrest and detention, the parole officer shall notify the
secretary of corrections, or the secretary's designee, within five days and
shall submit in writing a report showing in what manner the released
inmate had violated the conditions of release. After such notification is
given to the secretary of corrections, or upon an arrest by warrant as
herein provided, and the finding of probable cause pursuant to proce-
dures established by the secretary of a violation of the released inmate's
conditions of release, the secretary shall cause the released inmate to be
brought before the Kansas parole board, its designee or designees, for a
hearing on the violation charged, under such rules and regulations as the
board may adopt. It is within the discretion of the Kansas parole board
whether such hearing requires the released inmate to appear personally
before the board when such inmate's violation results from a conviction
for a new felony or misdemeanor. Relevant written statements made un-
der oath shall be admitted and considered by the Kansas parole board,
its designee or designees, along with other evidence presented at the
hearing. If the violation is established to the satisfaction of the Kansas
parole board, the board may continue or revoke the parole or conditional
release, or enter such other order as the board may see fit. Revocations
of release of inmates who are on a specified period of postrelease super-
vision shall be for a six-month period of confinement from the date of
the revocation hearing before the board, if the violation does not result
from a conviction for a new felony or misdemeanor. Such period of con-
finement may be reduced by not more than 3 three months based on the
inmate's conduct, work and program participating during the incarcera-
tion period. The reduction in the incarceration period shall be on an
earned basis pursuant to rules and regulations adopted by the secretary
of corrections.

      (c) If the violation does result from a conviction for a new felony or
misdemeanor, upon revocation the inmate shall serve the entire remain-
ing balance of the period of postrelease supervision even if the new con-
viction did not result in the imposition of a new term of imprisonment.

      (d) In the event the released inmate reaches conditional release date
as provided by K.S.A. 22-3718 and amendments thereto after a finding
of probable cause, pursuant to procedures established by the secretary of
corrections of a violation of the released inmate's conditions of release,
but prior to a hearing before the Kansas parole board, the secretary of
corrections shall be authorized to detain the inmate until the hearing by
the Kansas parole board. The secretary shall then enforce the order issued
by the Kansas parole board.

      (e) If the secretary of corrections issues a warrant for the arrest of a
released inmate for violation of any of the conditions of release and the
released inmate is subsequently arrested in the state of Kansas, either
pursuant to the warrant issued by the secretary of corrections or for any
other reason, the released inmate's sentence shall not be credited with
the period of time from the date of the issuance of the secretary's warrant
to the date of the released inmate's arrest.

      If a released inmate for whom a warrant has been issued by the sec-
retary of corrections for violation of the conditions of release is subse-
quently arrested in another state, and the released inmate has been au-
thorized as a condition of such inmate's release to reside in or travel to
the state in which the released inmate was arrested, and the released
inmate has not absconded from supervision, the released inmate's sen-
tence shall not be credited with the period of time from the date of the
issuance of the warrant to the date of the released inmate's arrest. If the
released inmate for whom a warrant has been issued by the secretary of
corrections for violation of the conditions of release is subsequently ar-
rested in another state for reasons other than the secretary's warrant and
the released inmate does not have authorization to be in the other state
or if authorized to be in the other state has been charged by the secretary
with having absconded from supervision, the released inmate's sentence
shall not be credited with the period of time from the date of the issuance
of the warrant by the secretary to the date the released inmate is first
available to be returned to the state of Kansas. If the released inmate for
whom a warrant has been issued by the secretary of corrections for vio-
lation of a condition of release is subsequently arrested in another state
pursuant only to the secretary's warrant, the released inmate's sentence
shall not be credited with the period of time from the date of the issuance
of the secretary's warrant to the date of the released inmate's arrest,
regardless of whether the released inmate's presence in the other state
was authorized or the released inmate had absconded from supervision.

      The secretary may issue a warrant for the arrest of a released inmate
for violation of any of the conditions of release and may direct that all
reasonable means to serve the warrant and detain such released inmate
be employed including but not limited to notifying the federal bureau of
investigation of such violation and issuance of warrant and requesting
from the federal bureau of investigation any pertinent information it may
possess concerning the whereabouts of the released inmate.

      (f) Law enforcement officers shall execute warrants issued by the
secretary of corrections pursuant to subsection (a) or (d), and shall deliver
the inmate named in the warrant to the jail used by the county where the
inmate is arrested unless some other place is designated by the secretary,
in the same manner as for the execution of any arrest warrant.

      (g) For the purposes of this section, an inmate or released inmate is
an individual under the supervision of the secretary of corrections, in-
cluding, but not limited to, an individual on parole, conditional release,
postrelease supervision, probation granted by another state or an indi-
vidual supervised under any interstate compact in accordance with the
provisions of the uniform act for out-of-state parolee supervision, K.S.A.
22-4101 et seq. 
Sec.  2. K.S.A. 1998 Supp. 75-5217 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 3, 1999.
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