CHAPTER 181 HOUSE BILL No. 2805 An Act concerning crimes, punishment and criminal procedure; relating to theft detection
shielding devices; release from custody; assessments by municipal courts; aggravated
battery against a law enforcement officer; stalking; arson; eavesdropping; parole hearings;
identity theft; conveyance of offenders; aggravating factors in departure sentencing;
amending K.S.A. 21-3415, 21-3438, 21-3718, 21-4001, 21-4717, 50-718, 50-719 and 75-
5220 and K.S.A. 1999 Supp. 12-4117, 21-4018, 21-4716 and 22-3717 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) Unlawful manufacturing or selling of a theft de-
tection shielding device is intentionally manufacturing, selling, offering
for sale or distributing in any way a laminated or coated bag or device
particular to and intentionally marketed for shielding and intended to
shield merchandise from detection by electronic or magnetic theft alarm
sensor.

      (b) Unlawful possession of a theft detection shielding device is inten-
tionally possessing any laminated or coated bag or device particular to
and designed for shielding and intended to shield merchandise from de-
tection by an electronic or magnetic theft alarm sensor, with the intent
to commit theft.

      (c) Unlawful possession of a theft detection device remover is inten-
tionally possessing any tool or device designed to allow the removal of
any theft detection device from any merchandise with the intent to use
such tool to remove any theft detection device from any merchandise
without the permission of the merchant or person owning or holding such
merchandise.

      (d) Unlawful removal of a theft detection device is intentionally re-
moving the device from merchandise prior to purchase.

      (e) Violation of this section is a severity level 9, nonperson felony.

      (f) This section shall be part of and supplemental to the Kansas crim-
inal code.

      New Sec.  2. (a) No person, whether convicted or being held on sus-
picion of charges, who is incarcerated by the state or any political sub-
division thereof shall be released from custody until the custodian of such
person has queried available state and federal criminal databases to de-
termine whether there are any outstanding warrants for such person's
arrest.

      (b) This section shall be part of and supplemental to the Kansas code
of criminal procedure.

      Sec.  3. K.S.A. 1999 Supp. 12-4117 is hereby amended to read as
follows: 12-4117. (a) On and after July 1, 1996, in each case filed in
municipal court charging a criminal or public offense or charging an of-
fense defined to be a moving violation by rules and regulations adopted
pursuant to K.S.A. 8-249 and amendments thereto crime other than a
nonmoving traffic violation, where there is a finding of guilty or a plea of
guilty, a plea of no contest, forfeiture of bond or a diversion, a sum in an
amount of $7 shall be assessed and such assessment shall be credited as
follows:

      (1) During the period commencing July 1, 1996, and ending June 30,
1997, $1 to the local law enforcement training reimbursement fund es-
tablished pursuant to K.S.A. 74-5620 and amendments thereto, $4 to the
law enforcement training center fund established pursuant to K.S.A. 74-
5619 and amendments thereto, $.50 to the protection from abuse fund
established pursuant to K.S.A. 74-7325 and amendments thereto and $.50
to the crime victims assistance fund established pursuant to K.S.A. 74-
7334 and amendments thereto;

      (2) on and after July 1, 1997, $1 to the local law enforcement training
reimbursement fund established pursuant to K.S.A. 74-5620 and amend-
ments thereto, $2 to the law enforcement training center fund established
pursuant to K.S.A. 74-5619 and amendments thereto, $2 to the juvenile
detention facilities fund established pursuant to K.S.A. 79-4803 and
amendments thereto to be expended for operational costs of facilities for
the detention of juveniles, $.50 to the protection from abuse fund estab-
lished pursuant to K.S.A. 74-7325 and amendments thereto and $.50 to
the crime victims assistance fund established pursuant to K.S.A. 74-7334
and amendments thereto; and

      (3) on and after July 1, 1999, $1 to the trauma fund established pur-
suant to K.S.A. 1999 Supp. 75-5670, and amendments thereto.

      (b) The judge or clerk of the municipal court shall remit at least
monthly the appropriate assessments received pursuant to this section to
the state treasurer for deposit in the state treasury to the credit of the
local law enforcement training reimbursement fund, the law enforcement
training center fund, the juvenile detention facilities fund, the crime vic-
tims assistance fund and the trauma fund as provided in this section.

      (c) For the purpose of determining the amount to be assessed ac-
cording to this section, if more than one complaint is filed in the municipal
court against one individual arising out of the same incident, all such
complaints shall be considered as one case.

      Sec.  4. K.S.A. 21-3415 is hereby amended to read as follows: 21-
3415. (a) Aggravated battery against a law enforcement officer is: (1) An
aggravated battery, as defined in subsection (a)(1)(A) of K.S.A. 21-3414
and amendments thereto, committed against a uniformed or properly
identified state, county, or city, law enforcement officer while the officer
is engaged in the performance of the officer's duty; or

      (2) an aggravated battery, as defined in subsection (a)(1)(B) or
(a)(1)(C) of K.S.A. 21-3414 and amendments thereto, committed against
a uniformed or properly identified state, county, or city, law enforcement
officer while the officer is engaged in the performance of the officer's
duty; or

      (3) intentionally causing bodily harm to a uniformed or properly
identified state, county or city law enforcement officer with a motor ve-
hicle, while the officer is engaged in the performance of the officer's duty.

      (b)  (1) Aggravated battery against a law enforcement officer as de-
scribed in subsection (a)(1) or (a)(3) is a severity level 3, person felony.

      (2) Aggravated battery against a law enforcement officer as described
in subsection (a)(2) is a severity level 6, person felony.

      (3) A person convicted of aggravated battery against a law enforce-
ment officer shall be subject to the provisions of subsection (g) of K.S.A.
21-4704 and amendments thereto.

      Sec.  5. K.S.A. 21-3438 is hereby amended to read as follows: 21-
3438. (a) Stalking is an intentional, malicious and repeated following or
harassment of another person and making a credible threat with the intent
to place such person in reasonable fear for such person's safety.

      Stalking is a severity level 10, person felony.

      (b) Any person who violates subsection (a) when there is a temporary
restraining order or an injunction, or both, in effect prohibiting the be-
havior described in subsection (a) against the same person, is guilty of a
severity level 9, person felony.

      (c) Any person who has a second or subsequent conviction occurring
against such person, within seven years of a prior conviction under sub-
section (a) involving the same victim, is guilty of a severity level 8, person
felony.

      (d) For the purposes of this section: (1) ``Course of conduct'' means
a pattern of conduct composed of a series of acts over a period of time,
however short, evidencing a continuity of purpose and which would cause
a reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the person. Constitution-
ally protected activity is not included within the meaning of ``course of
conduct.''

      (2) ``Harassment'' means a knowing and intentional course of conduct
directed at a specific person that seriously alarms, annoys, torments or
terrorizes the person, and that serves no legitimate purpose.

      (3) ``Credible threat'' means a verbal or written threat, including that
which is communicated via electronic means, or a threat implied by a
pattern of conduct or a combination of verbal or written statements and
conduct made with the intent and the apparent ability to carry out the
threat so as to cause the person who is the target of the threat to reason-
ably fear for such person's safety. The present incarceration of a person
making the threat shall not be a bar to prosecution under this section.

      (4) ``Electronic means'' includes, but is not limited to, telephones, cel-
lular phones, computers, video recorders, fax machines, pagers and com-
puter networks.

      Sec.  6. K.S.A. 21-3718 is hereby amended to read as follows: 21-
3718. (a) Arson is knowingly, by means of fire or explosive:

      (1) Damaging any building or property which is a dwelling in which
another person has any interest without the consent of such other person;
or

      (2) damaging any building or property which is a dwelling with intent
to injure or defraud an insurer or lienholder.;

      (3) damaging any building or property which is not a dwelling in
which another person has any interest without the consent of such other
person; or

      (4) damaging any building or property which is not a dwelling with
intent to injure or defraud an insurer or lienholder.

      (b)  (1) Arson, as described in subsections (a)(1) or (2), is a severity
level 5 6, nonperson person felony if the property is damaged to the extent
of $50,000 or more.

      (2) Arson, as described in subsections (a)(3) or (4), is a severity level
6 7, nonperson felony if the property is damaged to the extent of at least
$25,000 but less than $50,000.

      (3) Arson is a severity level 7, nonperson felony if the property is
damaged to the extent of less than $25,000.

      Sec.  7. K.S.A. 21-4001 is hereby amended to read as follows: 21-
4001. (a) Eavesdropping is knowingly and without lawful authority:

      (1) Entering into a private place with intent to listen surreptitiously
to private conversations or to observe the personal conduct of any other
person or persons therein;

      (2) Installing or using outside a private place any device for hearing,
recording, amplifying or broadcasting sounds originating in such place,
which sounds would not ordinarily be audible or comprehensible outside,
without the consent of the person or persons entitled to privacy therein;
or

      (3) Installing or using any device or equipment for the interception
of any telephone, telegraph or other wire communication without the
consent of the person in possession or control of the facilities for such
wire communication.; or

      (4) installing or using a concealed camcorder, motion picture camera
or photographic camera of any type, to secretly videotape, film, photo-
graph or record by electronic means, another, identifiable person under
or through the clothing being worn by that other person or another, iden-
tifiable person who is nude or in a state of undress, for the purpose of
viewing the body of, or the undergarments worn by, that other person,
without the consent or knowledge of that other person, with the intent to
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.

      (b) A ``private place'' within the meaning of this section is a place
where one may reasonably expect to be safe from uninvited intrusion or
surveillance, but does not include a place to which the public has lawful
access.

      (c) It shall not be unlawful for an operator of a switchboard, or any
officer, employee, or agent of any public utility providing telephone com-
munications service, whose facilities are used in the transmission of a
communication, to intercept, disclose or use that communication in the
normal course of employment while engaged in any activity which is in-
cident to the rendition of public utility service or to the protection of the
rights of property of such public utility.

      (d) Eavesdropping is a class A nonperson misdemeanor.

      Sec.  8. K.S.A. 1999 Supp. 21-4018 is hereby amended to read as
follows: 21-4018. (a) Identity theft is knowingly and with intent to defraud
for economic benefit, obtaining, possessing, transferring, using or at-
tempting to obtain, possess, transfer or use, one or more identification
documents or personal identification number of another person other
than that issued lawfully for the use of the possessor.

      (b) ``Identification documents'' means the definition as provided in
K.S.A. 21-3830, and amendments thereto.

      (c) Identity theft is a class A person misdemeanor severity level 7,
person felony.

      (d) This section shall be part of and supplemental to the Kansas crim-
inal code.

      Sec.  9. K.S.A. 1999 Supp. 21-4716 is hereby amended to read as
follows: 21-4716. (a) The sentencing judge shall impose the presumptive
sentence provided by the sentencing guidelines for crimes committed on
or after July 1, 1993, unless the judge finds substantial and compelling
reasons to impose a departure. If the sentencing judge departs from the
presumptive sentence, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure.

      (b)  (1) Subject to the provisions of subsection (b)(3), the following
nonexclusive list of mitigating factors may be considered in determining
whether substantial and compelling reasons for a departure exist:

      (A) The victim was an aggressor or participant in the criminal conduct
associated with the crime of conviction.

      (B) The offender played a minor or passive role in the crime or par-
ticipated under circumstances of duress or compulsion. This factor is not
sufficient as a complete defense.

      (C) The offender, because of physical or mental impairment, lacked
substantial capacity for judgment when the offense was committed. The
voluntary use of intoxicants, drugs or alcohol does not fall within the
purview of this factor.

      (D) The defendant, or the defendant's children, suffered a continuing
pattern of physical or sexual abuse by the victim of the offense and the
offense is a response to that abuse.

      (E) The degree of harm or loss attributed to the current crime of
conviction was significantly less than typical for such an offense.

      (2) Subject to the provisions of subsection (b)(3), the following no-
nexclusive list of aggravating factors may be considered in determining
whether substantial and compelling reasons for departure exist:

      (A) The victim was particularly vulnerable due to age, infirmity, or
reduced physical or mental capacity which was known or should have
been known to the offender.

      (B) The defendant's conduct during the commission of the current
offense manifested excessive brutality to the victim in a manner not nor-
mally present in that offense.

      (C) The offense was motivated entirely or in part by the race, color,
religion, ethnicity, national origin or sexual orientation of the victim.

      (D) The offense involved a fiduciary relationship which existed be-
tween the defendant and the victim.

      (E) The defendant, 18 or more years of age, employed, hired, used,
persuaded, induced, enticed or coerced any individual under 16 years of
age to commit or assist in avoiding detection or apprehension for com-
mission of any person felony or any attempt, conspiracy or solicitation as
defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto
to commit any person felony regardless of whether the defendant knew
the age of the individual under 16 years of age.

      (F) The defendant's current crime of conviction is a crime of extreme
sexual violence and the defendant is a predatory sex offender. As used in
this subsection:

      (i) ``Crime of extreme sexual violence'' is a felony limited to the fol-
lowing:

      (a) A crime involving a nonconsensual act of sexual intercourse or
sodomy with any person;

      (b) a crime involving an act of sexual intercourse, sodomy or lewd
fondling and touching with any child who is 14 or more years of age but
less than 16 years of age and with whom a relationship has been estab-
lished or promoted for the primary purpose of victimization; or

      (c) a crime involving an act of sexual intercourse, sodomy or lewd
fondling and touching with any child who is less than 14 years of age.

      (ii) ``Predatory sex offender'' is an offender who has been convicted
of a crime of extreme sexual violence as the current crime of conviction
and who:

      (a) Has one or more prior convictions of any crimes of extreme sexual
violence. Any prior conviction used to establish the defendant as a pred-
atory sex offender pursuant to this subsection shall also be counted in
determining the criminal history category; or

      (b) suffers from a mental condition or personality disorder which
makes the offender likely to engage in additional acts constituting crimes
of extreme sexual violence.

      (iii) ``Mental condition or personality disorder'' means an emotional,
mental or physical illness, disease, abnormality, disorder, pathology or
condition which motivates the person, affects the predisposition or desires
of the person, or interferes with the capacity of the person to control
impulses to commit crimes of extreme sexual violence.

      (G) The defendant was incarcerated during the commission of the
offense.

      In determining whether aggravating factors exist as provided in this
section, the court shall review the victim impact statement.

      (3) If a factual aspect of a crime is a statutory element of the crime
or is used to subclassify the crime on the crime severity scale, that aspect
of the current crime of conviction may be used as an aggravating or mit-
igating factor only if the criminal conduct constituting that aspect of the
current crime of conviction is significantly different from the usual crim-
inal conduct captured by the aspect of the crime.

      (c) In determining aggravating or mitigating circumstances, the court
shall consider:

      (1) Any evidence received during the proceeding;

      (2) the presentence report;

      (3) written briefs and oral arguments of either the state or counsel
for the defendant; and

      (4) any other evidence relevant to such aggravating or mitigating cir-
cumstances that the court finds trustworthy and reliable.

      Sec.  10. K.S.A. 21-4717 is hereby amended to read as follows: 21-
4717. (a) The following aggravating factors, which apply to drug crimes
committed on or after July 1, 1993, under the sentencing guidelines sys-
tem, may be considered in determining whether substantial and compel-
ling reasons for departure exist:

      (1) The crime was committed as part of a major organized drug man-
ufacture, production, cultivation or delivery activity. Two or more of the
following nonexclusive factors constitute evidence of major organized
drug manufacture, production, cultivation or delivery activity:

      (A) The offender derived a substantial amount of money or asset
ownership from the illegal drug sale activity.

      (B) The presence of a substantial quantity or variety of weapons or
explosives at the scene of arrest or associated with the illegal drug activity.

      (C) The presence of drug transaction records or customer lists that
indicate a drug sale activity of major size.

      (D) The presence of manufacturing or distribution materials such as,
but not limited to, drug recipes, precursor chemicals, laboratory equip-
ment, lighting, irrigation systems, ventilation, power-generation, scales or
packaging material.

      (E) Building acquisitions or building modifications including but not
limited to painting, wiring, plumbing or lighting which advanced or fa-
cilitated the commission of the offense.

      (F) Possession of large amounts of illegal drugs or substantial quan-
tities of controlled substances.

      (G) A showing that the offender has engaged in repeated criminal
acts associated with the manufacture, production, cultivation or delivery
of controlled substances.

      (2) The offender possessed illegal drugs:

      (A) With intent to sell, which were sold or were offered for sale to a
person under 18 years of age; or

      (B) with the intent to sell, deliver or distribute or which were sold or
offered for sale in the immediate presence of a person under 18 years of
age.

      (3) The offender, 18 or more years of age, employs, hires, uses, per-
suades, induces, entices or coerces any individual under 16 years of age
to violate or assist in avoiding detection or apprehension for violation of
any provision of the uniform controlled substances act, K.S.A. 65-4101 et
seq. and amendments thereto or any attempt, conspiracy or solicitation
as defined in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments
thereto to commit a violation of any provision of the uniform controlled
substances act regardless of whether the offender knew the age of the
individual under 16 years of age.

      (4) The offender was incarcerated during the commission of the of-
fense.

      (b) In determining whether aggravating factors exist as provided in
this section, the court shall review the victim impact statement.

      Sec.  11. K.S.A. 1999 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, but prior to July 1,
1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to
imprisonment for an off-grid offense committed on or after July 1, 1999,
shall be eligible for parole after serving 20 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
July 1, 1996, but prior to July 1, 1999, shall be eligible for parole after
serving 10 years of confinement without deduction of any good time cred-
its.

      (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 defend-
ant 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
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 offender shall serve the longest period of
postrelease supervision as provided by this section available for any crime
upon which sentence was imposed irrespective of the severity level of the
crime. Supervision periods will not aggregate.

      (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
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
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 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 hear-
ing, 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 including in person comments, contempo-
raneous comments and prerecorded comments made by any technological
means; comments of the public; official comments; and capacity of state
correctional institutions.

      (i) In those cases involving inmates sentenced for a crime committed
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) Before ordering the parole of any inmate, the Kansas parole board
shall have the inmate appear before either in person or via a video con-
ferencing format and shall interview the inmate unless impractical be-
cause 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
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.

      (k) Parolees and persons on postrelease supervision shall be assigned,
upon release, to the appropriate level of supervision pursuant to the cri-
teria established by the secretary of corrections.

      (l) The Kansas parole board shall adopt rules and regulations in ac-
cordance 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, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to
be imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.

      (m) Whenever the Kansas parole board orders the parole of an in-
mate 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;

      (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;

      (4) may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to K.S.A. 1999 Supp. 22-4529
unless the board finds compelling circumstances which would render pay-
ment unworkable; and

      (5) unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order that the parolee or person on
postrelease supervision reimburse the state for all or part of the expend-
itures by the state board of indigents' defense services to provide counsel
and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of
the financial resources of the person and the nature of the burden that
the payment of such sum will impose. Such amount shall not exceed the
amount claimed by appointed counsel on the payment voucher for indi-
gents' defense services or the amount prescribed by the board of indi-
gents' defense services reimbursement tables as provided in K.S.A. 22-
4522 and amendments thereto, whichever is less, minus any previous
payments for such services.

      (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-
der a plan of restitution unworkable.

      (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.

      (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.

      (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.

      (r) An inmate who is allocated regular good time credits as provided
in K.S.A. 22-3725 and amendments thereto may receive meritorious good
time credits in increments of not more than 90 days per meritorious 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, preventing
injury or death to a person, preventing the destruction of property or
taking actions which result in a financial savings to the state.

      Sec.  12. K.S.A. 50-718 is hereby amended to read as follows: 50-718.
Any person who knowingly and willfully obtains information on a con-
sumer from a consumer reporting agency under false pretenses shall be
deemed is guilty of a class A misdemeanor severity level 7, person felony
and upon conviction thereof shall be punished in the manner provided
by law.

      Sec.  13. K.S.A. 50-719 is hereby amended to read as follows: 50-719.
Any officer or employee of a consumer reporting agency who knowingly
and willfully provides information concerning an individual from the
agency's files to a person not authorized to receive that information shall
be deemed is guilty of a class A misdemeanor severity level 7, person
felony and upon conviction thereof shall be punished in the manner pro-
vided by law.

      Sec.  14. K.S.A. 75-5220 is hereby amended to read as follows: 75-
5220. (a) Except as provided in subsection (d), within three days of receipt
of the notice provided for in K.S.A. 75-5218 and amendments thereto,
the secretary of corrections shall notify the sheriff having such offender
in custody to convey such offender immediately to the Topeka correc-
tional facility department of corrections reception and diagnostic unit or
if space is not available at such facility, then to some other state correc-
tional institution until space at the facility is available, except that, in the
case of first offenders who are conveyed to a state correctional institution
other than the Topeka correctional facility reception and diagnostic unit,
such offenders shall be segregated from the inmates of such correctional
institution who are not being held in custody at such institution pending
transfer to the Topeka correctional facility reception and diagnostic unit
when space is available therein. The expenses of any such conveyance
shall be charged against and paid out of the general fund of the county
whose sheriff conveys the offender to the institution as provided in this
subsection.

      (b) Any female offender sentenced according to the provisions of
K.S.A. 75-5229 and amendments thereto shall be conveyed by the sheriff
having such offender in custody directly to a correctional institution des-
ignated by the secretary of corrections, subject to the provisions of K.S.A.
75-52,134 and amendments thereto. The expenses of such conveyance to
the designated institution shall be charged against and paid out of the
general fund of the county whose sheriff conveys such female offender
to such institution.

      (c) Each offender conveyed to a state correctional institution pursu-
ant to this section shall be accompanied by the record of the offender's
trial and conviction as prepared by the clerk of the district court in ac-
cordance with K.S.A. 75-5218 and amendments thereto.

      (d) If the offender in the custody of the secretary is a juvenile, as
described in K.S.A. 38-16,111, and amendments thereto, such juvenile
shall not be transferred to the state reception and diagnostic center until
such time as such juvenile is to be transferred from a juvenile correctional
facility to a department of corrections institution or facility.

      Sec.  15. K.S.A. 21-3415, 21-3438, 21-3718, 21-4001, 21-4717, 50-
718, 50-719 and 75-5220 and K.S.A. 1999 Supp. 12-4117, 21-4018, 21-
4716 and 22-3717 are hereby repealed.

      Sec.  16. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 16, 2000.
__________