Brief (1)
SB 491 increases the length of time an offender can be confined in a county jail from 30 days to 120 days as a condition of probation; requires the use of community corrections as an intermediate sanction for probation violations; and reduces the length of time certain offenders must remain under postrelease supervision.
The extended length of time that an offender may be confined in a county jail as a condition of probation or a suspended sentence provides sentencing courts with an option when initially sentencing an offender or imposing a sanction due to an offender having violated a condition of probation.
For each day the county jail confinement exceeds 30 days, the Secretary of Corrections will reimburse the county at the rate of $45 per day.
SB 491 also diverts offenders from the Department of Corrections' custody by mandating the use of community corrections for certain offenders who violate conditions of their probation, suspended sentence, or other nonprison sentence. Offenders who have not previously been assigned to community corrections supervision for the current offense are to be placed into community corrections for probation or other nonprison supervision violations unless the violation was for the commission of a new misdemeanor or felony offense; or the court finds that the public safety would be jeopardized or the welfare of the offender would not be served by assignment to a community correctional services program.
SB 491 also reduces the length of the postrelease supervision period for certain crime severity levels. Persons sentenced for nondrug severity level 5 and 6 offenses and severity level 3 drug offenses will have a 24-month period of postrelease supervision rather than 36 months. The postrelease supervision periods for nondrug severity levels 7 through 10 offenses and severity level 4 drug offenses are reduced from 24 to 12 months. Good-time credits may reduce 36- and 24-month periods of postrelease supervision by up to 12 months. A 12-month period of postrelease supervision may be reduced by up to six months. Offenders convicted of nondrug severity level 1 through 4 offenses, drug severity level 1 and 2 offenses or sex offenses for which a 60-month period of postrelease supervision has been imposed will not be affected by SB 491.
The Senate Committee amended the bill to provide for the retroactive application of the postrelease supervision periods established in the bill. Further the bill provides a phased implementation schedule as follows: for levels 9 and 10 of the nondrug grid and level 4 of the drug grid on or before September 1, 2000; for levels 7 and 8 nondrug grid, on or before November 1, 2000; and for levels 5 and 6 nondrug grid and level 3 drug grid, on or before January 1, 2001.
The Committee also deleted a requirement that conservation camps be for a period of six months and amended a statute authorizing the Secretary of the Department of Corrections to enter into contracts for jail space with Kansas cities and counties to prohibit such contracts unless the local jails maintain appropriate and recognized safety, health, and security standards.
The Committee also made the bill effective upon publication in the Kansas Register.
Background
The bill was proposed by the Kansas Sentencing Commission and supported by the Kansas Department of Corrections. A district judge expressed concerns with the bill.
The fiscal note states that the Kansas Sentencing Commission estimates that SB 491 would reduce prison admissions by between 1,584 to 1,631 over a ten-year period. Specifically, if time in the county jail were increased to 120 days, prison admissions would decrease by between 450 to 514 over ten years. Mandatory placement of probation violators in community corrections could also decrease prison admissions by between 291 to 384 over ten years. The Commission indicated that a reduction in periods of postrelease supervision would also decrease prison admissions by between 750 and 826 violators over a ten-year period.
In addition, the Commission indicates that the bill would reduce the Department of Corrections' future capacity expansion requirements and decrease the number of prison beds needed by between a total of 450 to 459 beds over a ten-year period. A decrease in prison admissions would likely result in prison bed savings. Although there would be a significant decrease in prison admissions, the corresponding prison bed savings would not be as large. The average length of stay of probation violators is 2.8 months, when jail credits are applied. Consequently, one bed can house several offenders in a single year. Bedspace savings would be between 61 to 67 beds over a ten-year period. Mandatory placement of probation violators in community corrections would save between 145 and 180 beds. Modified postrelease supervision periods would save between 218 and 238 beds.
The House Committee amendments were technical in nature.
The House Committee of the Whole inserted the $45 per day reimbursement for each day exceeding 30 days in the county jail provision. *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