Brief(1)
S.B. 98 would amend criminal procedure regarding sentencing to provide that when a new felony is committed while an offender is on release or bond or prior to sentencing for a felony, a new sentence may be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4609, 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.
The Senate Committee amendment was technical.
Background
The Kansas District Judges' Association and the Kansas County and District Attorneys Association supported the bill.
K.S.A. 21-4603d provides for the sentencing options and defines when sentences may or shall be imposed for consecutive or concurrent terms when multiple crimes are involved. When sentencing guidelines were enacted, K.S.A. 21-4603d included a sentence which allowed the court to sentence an offender to prison for consecutive sentences even if the new crime was presumptive probation if the new crime was committed while the offender was on probation, assignment to a community correctional services program, parole, conditional release, or postrelease supervision for a felony. Some trial courts interpreted "conditional release" to mean while released on bond conditions. In State v. Arculeo, 261 Kan. 286 (1997), the Supreme Court held that conditional release did not include release on bond pending sentencing.
The bill has no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.