Session Law

Identifying Information:L. 2002 ch. 057
Other Identifying Information:2002 Substitute for Senate Bill 339*
Tax Type:Other
Brief Description:An Act concerning crimes, criminal procedure and punishment; relating to persons in the custody of the secretary of corrections; early release of the functionally incapacitated.



Substitute for SENATE BILL No. 339*

An Act concerning crimes, criminal procedure and punishment; relating to persons in the

custody of the secretary of corrections; early release of the functionally incapacitated.

Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) (1) Upon application of the secretary of corrections,

the Kansas parole board may grant release to any person deemed to be

functionally incapacitated, upon such terms and conditions as prescribed

in the order granting such release.

(2) The Kansas parole board shall adopt rules and regulations gov-

erning the procedure for initiating, processing, reviewing and establishing

criteria for review of applications filed on behalf of persons deemed to

be functionally incapacitated. Such rules and regulations shall include

criteria and guidelines for determining whether the functional incapaci-

tation precludes the person from posing a threat to the public.

(3) Subject to the provisions of subsections (a)(4) and (a)(5), a func-

tional incapacitation release shall not be granted until at least 30 days

after written notice of the application has been given to: (A) The prose-

cuting attorney and the judge of the court in which the person was con-

victed; and (B) any victim of the person's crime or the victim's family.

Notice of such application shall be given by the secretary of corrections

to the victim who is alive and whose address is known to the secretary,

or if the victim is deceased, to the victim's family if the family's address

is known to the secretary. Subject to the provisions of subsection (a)(4),

if there is no known address for the victim, if alive, or the victim's family,

if deceased, the board shall not grant or deny such application until at

least 30 days after notification is given by publication in the county of

conviction. Publication costs shall be paid by the department of correc-


(4) All applications for functional incapacitation release shall be re-

ferred to the board. The board shall examine each case and may approve

such application and grant a release. An application for release shall not

be approved unless the board determines that the person is functionally

incapacitated and does not represent a future risk to public safety. The

board shall determine whether a hearing is necessary on the application.

The board may request additional information or evidence it deems nec-

essary from a medical or mental health practitioner.

(5) The board shall establish any conditions related to the release of

the person. The release shall be conditional, and be subject to revocation

pursuant to K.S.A. 75-5217, and amendments thereto, if the person's

functional incapacity significantly diminishes, if the person fails to comply

with any condition of release, or if the board otherwise concludes that

the person presents a threat or risk to public safety. The person shall

remain on release supervision until the release is revoked, expiration of

the maximum sentence, or discharged by the board. Subject to the pro-

visions of subsection (f) of K.S.A. 75-5217, and amendments thereto, the

person shall receive credit for the time during which the person is on

functional incapacitation release supervision towards service of the prison

and postrelease supervision obligations of determinate sentences or in-

determinate and off-grid sentences.

(6) The secretary of corrections shall cause the person to be super-

vised upon release, and shall have the authority to initiate revocation of

the person at any time for the reasons indicated in subsection (a)(5).

(7) The decision of the board on the application or any revocation

shall be final and not subject to review by any administrative agency or


(8) In determining whether a person is functionally incapacitated, the

board shall consider the following: (A) The person's current condition as

confirmed by medical or mental health care providers, including whether

the condition is terminal;

(B) the person's age and personal history;

(C) the person's criminal history;

(D) the person's length of sentence and time the person has served;

(E) the nature and circumstances of the current offense;

(F) the risk or threat to the community if released;

(G) whether an appropriate release plan has been established; and

(H) any other factors deemed relevant by the board.

(b) Nothing in this section shall be construed to limit or preclude

submission of an application for pardon or commutation of sentence pur-

suant to K.S.A. 22-3701, and amendments thereto.

Sec. 2. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 9, 2002.


Date Composed: 10/10/2002 Date Modified: 10/10/2002