Brief (1)
Sub. for HB 2683 provides for the collection and reporting of data regarding race, ethnicity, age, residency by county and state, and gender for law enforcement activities; would reduce probation periods for certain offenders and prohibit certain probation violators from being incarcerated; combine criminal history categories H and I on both the nondrug and drug grids; and delete any post release supervision for certain probation violators who serve their underlying prisons terms.
The bill also 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.
Racial and Other Profiling. The Governor, with the assistance of the Attorney General and the Kansas Law Enforcement Training Commissioner, will develop a request for a proposal for a system to collect and report statistics on race, ethnicity, age, residency by county and state, and gender of those individuals who come in contact with law enforcement activities. The proposal will contain a system to collect data on a statistical sample of persons who are arrested; are stopped by an officer while operating a motor vehicle; or are walking as a pedestrian and stopped by an officer. The data must contain the race, gender, ethnicity, age, and residency by county and state of the individual. The proposal must contain a schedule and plan of implementation, including training.
The proposal must contain other factors which may be relevant to law enforcement officers in stopping or arresting individuals. The proposal must report civilian complaints alleging bias based on race, ethnicity, age, residency by county and state, or gender. The proposal must contain a survey of policies of law enforcement agencies related to the investigation of complaints based on alleged race, ethnicity, age, residency by county and state, or gender bias.
No information collected may reveal the identity of an individual.
The Governor, with the assistance of the Attorney General, are required to select and implement the most comprehensive proposal, subject to the availability of any available grant(s) from the U.S. Department of Justice or any other governmental or private agency.
The results of such a study will be submitted within 90 days after the conclusion of the study. The Governor would then submit the study to the Legislature with one or more of the following:
Probation. The bill would reduce probation periods for various drug and nondrug felony crimes. 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 months down to a maximum of 12 months. If the court finds that nonprison sanctions for offenders sentenced for the abovementioned crimes would jeopardize public safety or not serve the offender's welfare, the court could impose a longer period of probation.
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 revoking the condition violator to serve the underlying prison sentence. Other nonprison sanctions such as 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 revoked to prison.
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 and would be retroactive.
Criminal History Categories Combined. The bill combines criminal history categories 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. This is effective on or after July 1, 2000.
County Jail Time Extended. 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.
Community Corrections. The bill 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.
Post Release Supervision Reduced. The bill 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. This change is made to be effective retroactively.
Retroactive Application. The bill provides 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.
Conservation Camps and Local Jail Standards. 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 bill is effective upon publication in the Kansas Register.
Background
The Senate Committee on Judiciary added provisions of SB 665 and SB 491 as it passed the Senate, and expanded the scope of the data collection to include age and residency by county and state.
Three legislators appeared in support of the original racial profiling bill. Others who expressed support for the bill, as drafted, include officials with the Kansas Highway Patrol, Justice Campaign of America, the National Association of Human Rights Workers, the Attorney General for the Kickapoo Nation, and an individual citizen.
Opposition to the original bill was expressed on behalf of the League of Kansas Municipalities.
The sentencing changes contained in HB 2683 would result in a bed space savings of 924 beds by the end of FY 2001. 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 and pool of potential release violators.
The Senate Committee amendments to SB 665 also incorporated into HB 2683 would have a further effect of reducing prison bed space by approximately 140 beds for FY 2001.
The fiscal note reported that the Kansas Sentencing Commission estimates 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 SB 491 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. Bed space 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.
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