Brief (1)
SB 471 adds a new aggravating factor in the Kansas Sentencing Guidelines Act: the fact that the crime was committed by an offender while incarcerated, and thus allows a judge to impose a longer sentence than called for on the sentencing grid. Aggravating factors may be considered by the sentencing court when imposing a sentence that departs from the presumptive sentence provided for by sentencing guidelines.
Background
The bill was supported by the Kansas Department of Corrections. The proponent said the bill addresses a disparity that exists between the length of time that must be served by an offender who commits an offense while on postrelease supervision and an offender who commits the same offense while incarcerated. Under current law, when an offender commits a new felony while on postrelease supervision, he or she must serve the remaining balance of the postrelease supervision period before the newly imposed sentence begins. Postrelease supervision periods range from 24 months to 60 months.
Sentences imposed for crimes committed while an offender was serving the prison portion of a guidelines sentence, however, commence upon the completion of the prison portion of the original sentence. Thus, offenders who commit a new felony offense while incarcerated do not serve in prison any portion of the original postrelease supervision period. SB 471 addresses this disparity by permitting the sentencing court to impose a departure sentence due to the fact that the crime was committed while the offender was incarcerated. A durational departure may be up to twice the maximum presumptive sentence provided for by the sentencing matrix.
The House Committee amended the bill to reinsert the term incarcerated instead of imprisoned regarding a crime committed by an inmate.
The fiscal note said that it was not possible to quantify the number of beds that would be required. The Department of Corrections said the bill would have a negligible effect on the agency's budget.
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