CHAPTER 142
SENATE BILL No. 195
An Act concerning criminal procedure; relating to the Kansas parole
board; amending
K.S.A. 2002 Supp. 22-3707 and 22-3709 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2002 Supp.
22-3707 is hereby amended to read as
follows: 22-3707. (a) On and after July 1, 1997
Except as otherwise pro-
vided by this section, the Kansas parole board shall consist
of four three
members appointed by the governor, subject to confirmation by the
sen-
ate as provided in K.S.A. 75-4315b and amendments thereto. Except
as
provided by K.S.A. 46-2601, and amendments 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 appointed as
provided in
this section for any member the office of one
of the members of the Kansas
parole board whose term expires on June 30, 1997
January 15, 2003. On
and after July 1, 1997, No appointment to the
board shall be made that
would result in more than two members of the board 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
mem-
bership of the board before the expiration of the term of office, a
suc-
cessor shall be appointed for the remainder of the unexpired term
in the
same manner that original appointments are made. Each member of
the
board shall devote the member'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) (b) The
governor may not remove any member of the Kansas
parole board except for disability, inefficiency, neglect of duty
or malfea-
sance 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 member 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 secretary of state a complete statement of all
charges made
against the member and the findings thereupon, with a complete
record
of the proceedings.
Sec. 2. K.S.A. 2002 Supp. 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 two 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.
(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,
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 three members of the
board.
Sec. 3. K.S.A. 2002 Supp. 22-3707
and 22-3709 are hereby repealed.
Sec. 4. This act shall take effect
and be in force from and after its
publication in the Kansas register.
Approved May 15, 2003.
Published in the Kansas Register May 22, 2003.
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