Brief (1)
SB 665 reduces probation periods for various drug and nondrug felony crimes. The bill provides condition violators under nondrug severity levels 9 and 10 cannot be sent to prison. Criminal history categories H and I on both the nondrug and drug grids are consolidated into one category with the sentence being the same as current category I. Finally, probation violators who are reduced to prison would serve their underlying prison sentence but would not be subject to any post release supervision.
The periods of probation for nondrug severity level 8 crimes and drug severity level 3 crimes would be reduced from 24 and 36 months, respectively, to a maximum of 18 months. For nondrug severity level 9 and 10 crimes and drug severity level 4 crimes, the periods of probation would be reduced from 24 and 36 months down to a maximum of 12 months. If the court finds that nonprison sanctions for offenders sentenced for the above-mentioned crimes would jeopardize public safety or not serve the offender's welfare, the court could impose a longer period of probation. This change is to be applied retroactively on or by September 1, 2000.
In addition, when an offender, sentenced under a nondrug severity level 9 or 10 crime, violates a condition of probation, the court would be prohibited from sending the condition violator to serve the underlying prison sentence, but other appropriate sanctions including community corrections could be imposed. However, if the offender violated probation by committing a new misdemeanor or felony while on probation, the offender could be sent to prison. This change is to be applied retroactively on or by September 1, 2000.
The Senate Committee amended the bill to combine criminal history categories H and I on both the nondrug and drug sentencing grids together, creating a new category H that would contain "prior misdemeanor or no record." The length of sentences in the new category H would be the same length of sentences in the current category I. Thus, the current category I would be eliminated from both sentencing grids.
The Committee also amended the bill to provide that condition probation violators who are revoked to prison would serve their designated underlying prison sentence but would not be subject to a period of post-release supervision. This would not include offenders who receive a probation sentence as the result of a dispositional departure or offenders on probation for a sex offense. This change would be effective for probation condition violators would be retroactive.
Background
The fiscal note reported that the Kansas Sentencing Commission indicated that SB 665, as introduced, would decrease prison admissions and reduce demand for prison beds. Representatives of the Kansas Sentencing Commission said the changes in SB 665 would not impact public safety but would help alleviate prison bed space problems. SB 665 could reduce prison admissions by 769 to 910 offenders, thus saving between 342 and 400 prison beds. The graduated probation periods in the bill would impact the number of prison admissions by shortening the opportunity for an offender to violate probation which results in the offender serving the underlying prison sentence. Prison admissions would also be impacted by the bill's prohibition against sending condition violators to prison to serve the underlying prison sentences of nondrug severity level 9 and 10 crimes. This provision ultimately removes these offenders from the pool of condition violators who are subsequently sent to prison to serve the underlying prison sentence.
The Senate Committee amendments would have a further effect of reducing prison bed space by approximately 140 beds for FY 2001.
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