CHAPTER 35 SENATE BILL No. 472 An Act concerning crimes and punishment; relating to violations of condition of release by
conviction of new misdemeanor; amending K.S.A. 1999 Supp. 75-5217 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 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) (g).
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 re-
leased 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 making an arrest the parole officer shall present to the detaining
authorities a similar arrest and detain order and statement of the circum-
stances of violation. Pending a hearing, as provided in this section, upon
any charge of violation the released inmate shall remain incarcerated in
the institution 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. An offender under determinant sen-
tencing whose violation does not result from a conviction of a new felony
or misdemeanor may waive the right to a final revocation hearing before
the Kansas parole board under such conditions and terms as may be
prescribed by rules and regulations promulgated by the Kansas parole
board. Relevant written statements made under 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. The revocation of release of inmates who
are on a specified period of postrelease supervision shall be for a six-
month period of confinement from the date of the revocation hearing
before the board or the effective date of waiver of such hearing by the
offender pursuant to rules and regulations promulgated by the Kansas
parole board, if the violation does not result from a conviction for a new
felony or misdemeanor. Such period of confinement may be reduced by
not more than three months based on the inmate's conduct, work and
program participating during the incarceration 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 results from a conviction for a new
felony or misdemeanor, upon revocation, the inmate shall serve the entire
remaining balance of the period of postrelease supervision even if the
new conviction did not result in the imposition of a new term of impris-
onment.

      (d) If the violation results from a conviction for a new misdemeanor,
upon revocation, the inmate shall serve a period of confinement, to be
determined by the Kansas parole board, which shall not exceed the re-
maining balance of the period of postrelease supervision.

      (e) 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) (f) 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) (g) Law enforcement officers shall execute warrants issued by the
secretary of corrections pursuant to subsection (a) or (d) (e), 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 war-
rant.

      (g) (h) For the purposes of this section, an inmate or released inmate
is an individual under the supervision of the secretary of corrections,
including, but not limited to, an individual on parole, conditional release,
postrelease supervision, probation granted by another state or an individ-
ual supervised under any interstate compact in accordance with the pro-
visions of the uniform act for out-of-state parolee supervision, K.S.A. 22-
4101 et seq. and amendments thereto.

 Sec.  2. K.S.A. 1999 Supp. 75-5217 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 29, 2000.
 Published in the Kansas Register April 6, 2000.
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