CHAPTER 177 HOUSE Substitute for SENATE BILL No. 9 An  Act concerning crimes, criminal procedure and punishment; relating to placement un-
der court services or community corrections of certain offenders; creating the Kansas
council for interstate adult offender supervision; amending K.S.A. 2001 Supp. 22-3716
and 75-5291 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2001 Supp. 22-3716 is hereby amended to read as
follows: 22-3716. (a) At any time during probation, assignment to a com-
munity correctional services program, suspension of sentence or pursuant
to subsection (d) for defendants who committed a crime prior to July 1,
1993, and at any time during which a defendant is serving a nonprison
sanction for a crime committed on or after July 1, 1993, or pursuant to
subsection (d), the court may issue a warrant for the arrest of a defendant
for violation of any of the conditions of release or assignment, a notice to
appear to answer to a charge of violation or a violation of the defendant's
nonprison sanction. The notice shall be personally served upon the de-
fendant. The warrant shall authorize all officers named in the warrant to
return the defendant to the custody of the court or to any certified de-
tention facility designated by the court. Any court services officer or com-
munity correctional services officer may arrest the defendant without a
warrant or may deputize any other officer with power of arrest to do so
by giving the officer a written statement setting forth that the defendant
has, in the judgment of the court services officer or community correc-
tional services officer, violated the conditions of the defendant's release
or a nonprison sanction. The written statement delivered with the de-
fendant by the arresting officer to the official in charge of a county jail or
other place of detention shall be sufficient warrant for the detention of
the defendant. After making an arrest, the court services officer or com-
munity correctional services officer shall present to the detaining author-
ities a similar statement of the circumstances of violation. Provisions re-
garding release on bail of persons charged with a crime shall be applicable
to defendants arrested under these provisions.

      (b) Upon arrest and detention pursuant to subsection (a), the court
services officer or community correctional services officer shall immedi-
ately notify the court and shall submit in writing a report showing in what
manner the defendant has violated the conditions of release or assignment
or a nonprison sanction. Thereupon, or upon an arrest by warrant as
provided in this section, the court shall cause the defendant to be brought
before it without unnecessary delay for a hearing on the violation charged.
The hearing shall be in open court and the state shall have the burden of
establishing the violation. The defendant shall have the right to be rep-
resented by counsel and shall be informed by the judge that, if the de-
fendant is financially unable to obtain counsel, an attorney will be ap-
pointed to represent the defendant. The defendant shall have the right
to present the testimony of witnesses and other evidence on the defend-
ant's behalf. Relevant written statements made under oath may be ad-
mitted and considered by the court along with other evidence presented
at the hearing. Except as otherwise provided, if the violation is estab-
lished, the court may continue or revoke the probation, assignment to a
community correctional services program, suspension of sentence or non-
prison sanction and may require the defendant to serve the sentence
imposed, or any lesser sentence, and, if imposition of sentence was sus-
pended, may impose any sentence which might originally have been im-
posed. Except as otherwise provided, no offender for whom a violation
of conditions of release or assignment or a nonprison sanction has been
established as provided in this section shall be required to serve any time
for the sentence imposed or which might originally have been imposed
in a state facility in the custody of the secretary of corrections for such
violation, unless such person has already at least one prior assignment to
a community correctional services program related to the crime for which
the original sentence was imposed, except these provisions shall not apply
to offenders who violate a condition of release or assignment or a non-
prison sanction by committing a new misdemeanor or felony offense. The
provisions of this subsection shall not apply to adult felony offenders as
described in subsection (a)(3) of K.S.A. 75-5291, and amendments thereto.
The court may require an offender for whom a violation of conditions of
release or assignment or a nonprison sanction has been established as
provided in this section to serve any time for the sentence imposed or
which might originally have been imposed in a state facility in the custody
of the secretary of corrections without a prior assignment to a community
correctional services program if the court finds and sets forth with par-
ticularity the reasons for finding that the safety of the members of the
public will be jeopardized or that the welfare of the inmate will not be
served by such assignment to a community correctional services program.
When a new felony is committed while the offender is on probation or
assignment to a community correctional services program, the new sen-
tence shall be imposed pursuant to the consecutive sentencing require-
ments of K.S.A. 21-4608 and amendments thereto, and the court may
sentence the offender to imprisonment for the new conviction, even when
the new crime of conviction otherwise presumes a nonprison sentence.
In this event, imposition of a prison sentence for the new crime does not
constitute a departure.

      (c) A defendant who is on probation, assigned to a community cor-
rectional services program, under suspension of sentence or serving a
nonprison sanction and for whose return a warrant has been issued by
the court shall be considered a fugitive from justice if it is found that the
warrant cannot be served. If it appears that the defendant has violated
the provisions of the defendant's release or assignment or a nonprison
sanction, the court shall determine whether the time from the issuing of
the warrant to the date of the defendant's arrest, or any part of it, shall
be counted as time served on probation, assignment to a community cor-
rectional services program, suspended sentence or pursuant to a nonpri-
son sanction.

      (d) The court shall have 30 days following the date probation, assign-
ment to a community correctional service program, suspension of sen-
tence or a nonprison sanction was to end to issue a warrant for the arrest
or notice to appear for the defendant to answer a charge of a violation of
the conditions of probation, assignment to a community correctional serv-
ice program, suspension of sentence or a nonprison sanction.

      (e) Notwithstanding the provisions of any other law to the contrary,
an offender whose nonprison sanction is revoked and a term of impris-
onment imposed pursuant to either the sentencing guidelines grid for
nondrug or drug crimes shall not serve a period of postrelease supervision
upon the completion of the prison portion of that sentence. The provi-
sions of this subsection shall not apply to offenders sentenced to a non-
prison sanction pursuant to a dispositional departure, whose offense falls
within a border box of either the sentencing guidelines grid for nondrug
or drug crimes, offenders sentenced for a ``sexually violent crime'' as de-
fined by K.S.A. 22-3717, and amendments thereto, or whose nonprison
sanction was revoked as a result of a conviction for a new misdemeanor
or felony offense. The provisions of this subsection shall not apply to
offenders who are serving or are to begin serving a sentence for any other
felony offense that is not excluded from postrelease supervision by this
subsection on the effective date of this subsection. The provisions of this
subsection shall be applied retroactively. The department of corrections
shall conduct a review of all persons who are in the custody of the de-
partment as a result of only a revocation of a nonprison sanction. On or
before September 1, 2000, the department shall have discharged from
postrelease supervision those offenders as required by this subsection.

      Sec.  2. K.S.A. 2001 Supp. 75-5291 is hereby amended to read as
follows: 75-5291. (a)  (1) The secretary of corrections may make grants to
counties for the development, implementation, operation and improve-
ment of community correctional services including, but not limited to,
restitution programs, victim services programs, preventive or diversionary
correctional programs, community corrections centers and facilities for
the detention or confinement, care or treatment of offenders as provided
in this section except that no community corrections funds shall be ex-
pended by the secretary for the purpose of establishing or operating a
conservation camp as provided by K.S.A. 75-52,127 and amendments
thereto.

      (2) Except as otherwise provided, placement of offenders in com-
munity correctional services programs by the court shall be limited to
placement of adult offenders, convicted of a felony offense:

      (A) Whose offense is classified in grid blocks 5-H, 5-I or 6-G of the
sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F,
3-G, 3-H, 3-I, 4-E or 4-F of the sentencing guidelines grid for drug
crimes. In addition, the court may place in a community correctional
services program adult offenders, convicted of a felony offense, whose
offense is classified in grid blocks 6-H, 6-I, 7-C, 7-D, 7-E, 7-F, 7-G, 7-H
or 7-I of the sentencing guidelines grid for nondrug crimes;

      (B) whose severity level and criminal history score designate a pre-
sumptive prison sentence on either sentencing guidelines grid but receive
a nonprison sentence as a result of departure;

      (C) all offenders convicted of an offense which satisfies the definition
of offender pursuant to K.S.A. 22-4902, and amendments thereto, and
which is classified as a severity level 7 or higher offense and who receive
a nonprison sentence, regardless of the manner in which the sentence is
imposed;

      (D) any offender for whom a violation of conditions of release or
assignment or a nonprison sanction has been established as provided in
K.S.A. 22-3716, and amendments thereto, prior to revocation resulting
in the offender being required to serve any time for the sentence imposed
or which might originally have been imposed in a state facility in the
custody of the secretary of corrections;

      (E) any offender who is determined to be ``high risk or needs, or
both'' by the use of a statewide, mandatory, standardized risk assessment
tool or instrument validated for community correctional placements; or

      (F) placed in community correctional services programs as a condi-
tion of supervision following the successful completion of a conservation
camp program.

      (3) Notwithstanding any law to the contrary and subject to the avail-
ability of funding therefor, adult offenders sentenced to community su-
pervision in Johnson county for felony crimes that occurred on or after
July 1, 2002, but before July 1, 2004, shall be placed under court services
or community corrections supervision based upon court rules issued by
the chief judge of the 10th judicial district. The provisions contained in
this subsection shall not apply to offenders transferred by the assigned
agency to an agency located outside of Johnson county. The provisions of
this section shall expire on July 1, 2004.

      (4) Nothing in this act shall prohibit a community correctional serv-
ices program from providing services to juvenile offenders upon approval
by the local community corrections advisory board. Grants from com-
munity corrections funds administered by the secretary of corrections
shall not be expended for such services.

      (4) (5) The court may require an offender for whom a violation of
conditions of release or assignment or a nonprison sanction has been
established, as provided in K.S.A. 22-3716, and amendments thereto, to
serve any time for the sentence imposed or which might originally have
been imposed in a state facility in the custody of the secretary of correc-
tions without a prior assignment to a community correctional services
program if the court finds and sets forth with particularity the reasons for
finding that the safety of the members of the public will be jeopardized
or that the welfare of the inmate will not be served by such assignment
to a community correctional services program.

      (b)  (1) In order to establish a mechanism for community correctional
services to participate in the department of corrections annual budget
planning process, the secretary of corrections shall establish a community
corrections advisory committee to identify new or enhanced correctional
or treatment interventions designed to divert offenders from prison.

      (2) The secretary shall appoint one member from the southeast com-
munity corrections association region, one member from the northeast
community corrections association region, one member from the central
community corrections association region and one member from the
western community corrections association region. The deputy secretary
of community corrections and field services shall designate two members
from the state at large. The secretary shall have final appointment ap-
proval of the members designated by the deputy secretary. The commit-
tee shall reflect the diversity of community correctional services with re-
spect to geographical location and average daily population of offenders
under supervision.

      (3) Each member shall be appointed for a term of three years, except
of the initial appointments, such terms shall be staggered as determined
by the secretary. Members shall be eligible for reappointment.

      (4) The committee, in collaboration with the deputy secretary of com-
munity corrections and field services or the deputy secretary's designee,
shall routinely examine and report to the secretary on the following issues:

      (A) Efficiencies in the delivery of field supervision services;

      (B) effectiveness and enhancement of existing interventions; and

      (C) identification of new interventions.

      (5) The committee's report concerning enhanced or new interven-
tions shall address:

      (A) measurable goals and objectives;

      (B) projected costs;

      (C) the impact on public safety; and

      (D) the evaluation process.

      (6) The committee shall submit its report to the secretary annually
on or before July 15 in order for the enhanced or new interventions to
be considered for inclusion within the department of corrections budget
request for community correctional services or in the department's en-
hanced services budget request for the subsequent fiscal year.

      Sec.  3. (a) The Kansas council for interstate adult offender supervi-
sion shall consist of the following members:

      (1) The governor or the governor's designee;

      (2) the chief justice of the supreme court or the chief justice's des-
ignee;

      (3) the attorney general or the attorney general's designee;

      (4) a person representing crime victims groups appointed by the at-
torney general;

      (5) one county attorney or district attorney appointed by the gover-
nor;

      (6) one private defense counsel appointed by the governor;

      (7) the chairperson of the Kansas parole board or such chairperson's
designee;

      (8) the secretary of corrections or the secretary's designee;

      (9) two senators, one shall be appointed by the president of the senate
and one shall be appointed by the minority leader of the senate; and

      (10) two representatives, one shall be appointed by the speaker of
the house of representatives and one shall be appointed by the minority
leader of the house of representatives.

      (b) The appointments shall be made within 30 days after the effective
date of this act. The initial meeting of the council shall be convened within
60 days after the effective date of this act by the secretary of corrections
at a time and place designated by the secretary of corrections. The council
shall elect a chairperson and may elect any additional officers from among
its members necessary to discharge its duties.

      (c) Meetings of the council subsequent to its initial meeting shall be
held and conducted in accordance with policies and procedures estab-
lished by the council.

      (d) The council shall meet upon call of its chairperson as necessary
to carry out its duties under this act.

      (e) Each member of the council appointed by the governor or the
attorney general shall be appointed for a term of four years. All other
members shall be appointed for a term of two years and shall continue
to serve during that time as long as the member occupies the position
which made the member eligible for the appointment. Each member
shall continue in office until a successor is appointed and qualifies. Mem-
bers shall be eligible for reappointment, and appointment may be made
to fill an unexpired term.

      (f) The council shall oversee and administer the state's participation
in the interstate compact for adult offenders supervision, 2002 Senate Bill
No. 95, and amendments thereto, and shall develop policies concerning
the operations and procedures of the compact within the state. The coun-
cil shall appoint the compact administrator.

      (g) Each member of the council shall receive compensation, subsis-
tence allowances, mileage and other expenses as provided for in K.S.A.
75-3223, and amendments thereto, for each day or part thereof actually
spent on council activities.

      (h) The provisions of this section shall take effect and be in force
from and after the later of July 1, 2002, or upon enactment into law by
the 35th jurisdiction of the interstate compact for adult offenders super-
vision.

      Sec.  4. K.S.A. 2001 Supp. 22-3716 and 75-5291 are hereby repealed.

      Sec.  5. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 29, 2002.
 Published in the Kansas Register June 6, 2002.
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