Brief (1)
SB 546 requires that whenever the physical custody of an offender sentenced to the Department of Corrections (DOC) is transferred by a sheriff to a jurisdiction other than DOC, the sheriff shall notify both the DOC and the other jurisdiction that a sentence to be executed by DOC has been imposed. Furthermore, the sheriff would be required to notify DOC as to where the offender was taken. Additionally, the bill specifies that offenders sentenced to the Department's custody be transported to a designated correctional facility regardless of whether the prison portion of the sentence has been served. Finally, SB 546 changes the references in current law from the Topeka Correctional Facility to DOC's Reception and Diagnostic Unit.
Background
The bill was supported by the Kansas Department of Corrections. A representative said that it was not uncommon for an offender sentenced to the custody of DOC to also have criminal charges pending in another jurisdiction or be required to be returned to another state pursuant to the Uniform Mandatory Disposition of Detainer Act. In those situations, the sheriff delivers the offender to the other jurisdiction rather than to DOC. SB 546 addresses this situation by requiring the sheriff to notify both DOC and the other jurisdiction that a sentence has been imposed that is to be executed by DOC. This enables DOC to begin monitoring the sentence in order to determine when it will be fully served as well as lodge a detainer with the other jurisdiction. The notification to the other jurisdiction that the offender also has a sentence obligation owed to DOC likewise serves to prevent the offender from improperly being released from that jurisdiction.
SB 546 also provides that offenders sentenced to the custody of DOC are to be brought to DOC's reception unit, irrespective of whether the prison portion of the offender's sentence has been served. Sentences imposed pursuant to the Sentencing Guidelines Act are comprised of a prison portion and a postrelease supervision period. Asserting custody over offenders who have been sentenced to DOC's custody through the intake process employed at DOC's reception unit provides the ability to ensure the proper identification of the offender, implement the execution of the sentence imposed by the court, and establish supervision conditions. These intake procedures are necessary in order for DOC to carry out the execution of the sentence even if only the postrelease supervision obligation remains.
The bill has no fiscal impact on the state. *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