Session Law

Identifying Information:L. 2002 ch. 177
Other Identifying Information:2002 House Substitute for Senate Bill 9
Tax Type:Other
Brief Description:An Act concerning crimes, criminal procedure and punishment; relating to placement under court services or community corrections of certain offenders; creating the Kansas council for interstate adult offender supervision; amending K.S.A. 2001 Supp. 22-3716 and 75-5291 and repealing the existing sections.
Keywords:


Body:

CHAPTER 177

HOUSE Substitute for SENATE BILL No. 9


An Act concerning crimes, criminal procedure and punishment; relating to placement un-

der court services or community corrections of certain offenders; creating the Kansas

council for interstate adult offender supervision; amending K.S.A. 2001 Supp. 22-3716


and 75-5291 and repealing the existing sections.


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

Section 1. K.S.A. 2001 Supp. 22-3716 is hereby amended to read as

follows: 22-3716. (a) At any time during probation, assignment to a com-

munity correctional services program, suspension of sentence or pursuant

to subsection (d) for defendants who committed a crime prior to July 1,

1993, and at any time during which a defendant is serving a nonprison

sanction for a crime committed on or after July 1, 1993, or pursuant to

subsection (d), the court may issue a warrant for the arrest of a defendant

for violation of any of the conditions of release or assignment, a notice to

appear to answer to a charge of violation or a violation of the defendant's

nonprison sanction. The notice shall be personally served upon the de-

fendant. The warrant shall authorize all officers named in the warrant to

return the defendant to the custody of the court or to any certified de-

tention facility designated by the court. Any court services officer or com-

munity correctional services officer may arrest the defendant without a

warrant or may deputize any other officer with power of arrest to do so

by giving the officer a written statement setting forth that the defendant

has, in the judgment of the court services officer or community correc-

tional services officer, violated the conditions of the defendant's release

or a nonprison sanction. The written statement delivered with the de-

fendant by the arresting officer to the official in charge of a county jail or

other place of detention shall be sufficient warrant for the detention of

the defendant. After making an arrest, the court services officer or com-

munity correctional services officer shall present to the detaining author-

ities a similar statement of the circumstances of violation. Provisions re-

garding release on bail of persons charged with a crime shall be applicable

to defendants arrested under these provisions.

(b) Upon arrest and detention pursuant to subsection (a), the court

services officer or community correctional services officer shall immedi-

ately notify the court and shall submit in writing a report showing in what

manner the defendant has violated the conditions of release or assignment

or a nonprison sanction. Thereupon, or upon an arrest by warrant as

provided in this section, the court shall cause the defendant to be brought

before it without unnecessary delay for a hearing on the violation charged.

The hearing shall be in open court and the state shall have the burden of

establishing the violation. The defendant shall have the right to be rep-

resented by counsel and shall be informed by the judge that, if the de-

fendant is financially unable to obtain counsel, an attorney will be ap-

pointed to represent the defendant. The defendant shall have the right

to present the testimony of witnesses and other evidence on the defend-

ant's behalf. Relevant written statements made under oath may be ad-

mitted and considered by the court along with other evidence presented

at the hearing. Except as otherwise provided, if the violation is estab-

lished, the court may continue or revoke the probation, assignment to a

community correctional services program, suspension of sentence or non-

prison sanction and may require the defendant to serve the sentence

imposed, or any lesser sentence, and, if imposition of sentence was sus-

pended, may impose any sentence which might originally have been im-

posed. Except as otherwise provided, no offender for whom a violation

of conditions of release or assignment or a nonprison sanction has been

established as provided in this section shall be required to serve any time

for the sentence imposed or which might originally have been imposed

in a state facility in the custody of the secretary of corrections for such

violation, unless such person has already at least one prior assignment to

a community correctional services program related to the crime for which

the original sentence was imposed, except these provisions shall not apply

to offenders who violate a condition of release or assignment or a non-

prison sanction by committing a new misdemeanor or felony offense. The

provisions of this subsection shall not apply to adult felony offenders as

described in subsection (a)(3) of K.S.A. 75-5291, and amendments thereto.

The court may require an offender for whom a violation of conditions of

release or assignment or a nonprison sanction has been established as

provided in this section to serve any time for the sentence imposed or

which might originally have been imposed in a state facility in the custody

of the secretary of corrections without a prior assignment to a community

correctional services program if the court finds and sets forth with par-

ticularity the reasons for finding that the safety of the members of the

public will be jeopardized or that the welfare of the inmate will not be

served by such assignment to a community correctional services program.

When a new felony is committed while the offender is on probation or

assignment to a community correctional services program, the new sen-

tence shall be imposed pursuant to the consecutive sentencing require-

ments of K.S.A. 21-4608 and amendments thereto, and the court may

sentence the offender to imprisonment for the new conviction, even when

the new crime of conviction otherwise presumes a nonprison sentence.

In this event, imposition of a prison sentence for the new crime does not

constitute a departure.

(c) A defendant who is on probation, assigned to a community cor-

rectional services program, under suspension of sentence or serving a

nonprison sanction and for whose return a warrant has been issued by

the court shall be considered a fugitive from justice if it is found that the

warrant cannot be served. If it appears that the defendant has violated

the provisions of the defendant's release or assignment or a nonprison

sanction, the court shall determine whether the time from the issuing of

the warrant to the date of the defendant's arrest, or any part of it, shall

be counted as time served on probation, assignment to a community cor-

rectional services program, suspended sentence or pursuant to a nonpri-

son sanction.

(d) The court shall have 30 days following the date probation, assign-

ment to a community correctional service program, suspension of sen-

tence or a nonprison sanction was to end to issue a warrant for the arrest

or notice to appear for the defendant to answer a charge of a violation of

the conditions of probation, assignment to a community correctional serv-

ice program, suspension of sentence or a nonprison sanction.

(e) Notwithstanding the provisions of any other law to the contrary,

an offender whose nonprison sanction is revoked and a term of impris-

onment imposed pursuant to either the sentencing guidelines grid for

nondrug or drug crimes shall not serve a period of postrelease supervision

upon the completion of the prison portion of that sentence. The provi-

sions of this subsection shall not apply to offenders sentenced to a non-

prison sanction pursuant to a dispositional departure, whose offense falls

within a border box of either the sentencing guidelines grid for nondrug

or drug crimes, offenders sentenced for a ``sexually violent crime'' as de-

fined by K.S.A. 22-3717, and amendments thereto, or whose nonprison

sanction was revoked as a result of a conviction for a new misdemeanor

or felony offense. The provisions of this subsection shall not apply to

offenders who are serving or are to begin serving a sentence for any other

felony offense that is not excluded from postrelease supervision by this

subsection on the effective date of this subsection. The provisions of this

subsection shall be applied retroactively. The department of corrections

shall conduct a review of all persons who are in the custody of the de-

partment as a result of only a revocation of a nonprison sanction. On or

before September 1, 2000, the department shall have discharged from

postrelease supervision those offenders as required by this subsection.

Sec. 2. K.S.A. 2001 Supp. 75-5291 is hereby amended to read as

follows: 75-5291. (a) (1) The secretary of corrections may make grants to

counties for the development, implementation, operation and improve-

ment of community correctional services including, but not limited to,

restitution programs, victim services programs, preventive or diversionary

correctional programs, community corrections centers and facilities for

the detention or confinement, care or treatment of offenders as provided

in this section except that no community corrections funds shall be ex-

pended by the secretary for the purpose of establishing or operating a

conservation camp as provided by K.S.A. 75-52,127 and amendments

thereto.

(2) Except as otherwise provided, placement of offenders in com-

munity correctional services programs by the court shall be limited to

placement of adult offenders, convicted of a felony offense:

(A) Whose offense is classified in grid blocks 5-H, 5-I or 6-G of the

sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F,

3-G, 3-H, 3-I, 4-E or 4-F of the sentencing guidelines grid for drug

crimes. In addition, the court may place in a community correctional

services program adult offenders, convicted of a felony offense, whose

offense is classified in grid blocks 6-H, 6-I, 7-C, 7-D, 7-E, 7-F, 7-G, 7-H

or 7-I of the sentencing guidelines grid for nondrug crimes;

(B) whose severity level and criminal history score designate a pre-

sumptive prison sentence on either sentencing guidelines grid but receive

a nonprison sentence as a result of departure;

(C) all offenders convicted of an offense which satisfies the definition

of offender pursuant to K.S.A. 22-4902, and amendments thereto, and

which is classified as a severity level 7 or higher offense and who receive

a nonprison sentence, regardless of the manner in which the sentence is

imposed;

(D) any offender for whom a violation of conditions of release or

assignment or a nonprison sanction has been established as provided in

K.S.A. 22-3716, and amendments thereto, prior to revocation resulting

in the offender being required to serve any time for the sentence imposed

or which might originally have been imposed in a state facility in the

custody of the secretary of corrections;

(E) any offender who is determined to be ``high risk or needs, or

both'' by the use of a statewide, mandatory, standardized risk assessment

tool or instrument validated for community correctional placements; or

(F) placed in community correctional services programs as a condi-

tion of supervision following the successful completion of a conservation

camp program.

(3) Notwithstanding any law to the contrary and subject to the avail-

ability of funding therefor, adult offenders sentenced to community su-

pervision in Johnson county for felony crimes that occurred on or after

July 1, 2002, but before July 1, 2004, shall be placed under court services

or community corrections supervision based upon court rules issued by

the chief judge of the 10th judicial district. The provisions contained in

this subsection shall not apply to offenders transferred by the assigned

agency to an agency located outside of Johnson county. The provisions of

this section shall expire on July 1, 2004.

(4) Nothing in this act shall prohibit a community correctional serv-

ices program from providing services to juvenile offenders upon approval

by the local community corrections advisory board. Grants from com-

munity corrections funds administered by the secretary of corrections

shall not be expended for such services.

(4) (5) The court may require an offender for whom a violation of

conditions of release or assignment or a nonprison sanction has been

established, as provided in K.S.A. 22-3716, and amendments thereto, to

serve any time for the sentence imposed or which might originally have

been imposed in a state facility in the custody of the secretary of correc-

tions without a prior assignment to a community correctional services

program if the court finds and sets forth with particularity the reasons for

finding that the safety of the members of the public will be jeopardized

or that the welfare of the inmate will not be served by such assignment

to a community correctional services program.

(b) (1) In order to establish a mechanism for community correctional

services to participate in the department of corrections annual budget

planning process, the secretary of corrections shall establish a community

corrections advisory committee to identify new or enhanced correctional

or treatment interventions designed to divert offenders from prison.

(2) The secretary shall appoint one member from the southeast com-

munity corrections association region, one member from the northeast

community corrections association region, one member from the central

community corrections association region and one member from the

western community corrections association region. The deputy secretary

of community corrections and field services shall designate two members

from the state at large. The secretary shall have final appointment ap-

proval of the members designated by the deputy secretary. The commit-

tee shall reflect the diversity of community correctional services with re-

spect to geographical location and average daily population of offenders

under supervision.

(3) Each member shall be appointed for a term of three years, except

of the initial appointments, such terms shall be staggered as determined

by the secretary. Members shall be eligible for reappointment.

(4) The committee, in collaboration with the deputy secretary of com-

munity corrections and field services or the deputy secretary's designee,

shall routinely examine and report to the secretary on the following issues:

(A) Efficiencies in the delivery of field supervision services;

(B) effectiveness and enhancement of existing interventions; and

(C) identification of new interventions.

(5) The committee's report concerning enhanced or new interven-

tions shall address:

(A) measurable goals and objectives;

(B) projected costs;

(C) the impact on public safety; and

(D) the evaluation process.

(6) The committee shall submit its report to the secretary annually

on or before July 15 in order for the enhanced or new interventions to

be considered for inclusion within the department of corrections budget

request for community correctional services or in the department's en-

hanced services budget request for the subsequent fiscal year.

Sec. 3. (a) The Kansas council for interstate adult offender supervi-

sion shall consist of the following members:

(1) The governor or the governor's designee;

(2) the chief justice of the supreme court or the chief justice's des-

ignee;

(3) the attorney general or the attorney general's designee;

(4) a person representing crime victims groups appointed by the at-

torney general;

(5) one county attorney or district attorney appointed by the gover-

nor;

(6) one private defense counsel appointed by the governor;

(7) the chairperson of the Kansas parole board or such chairperson's

designee;

(8) the secretary of corrections or the secretary's designee;

(9) two senators, one shall be appointed by the president of the senate

and one shall be appointed by the minority leader of the senate; and

(10) two representatives, one shall be appointed by the speaker of

the house of representatives and one shall be appointed by the minority

leader of the house of representatives.

(b) The appointments shall be made within 30 days after the effective

date of this act. The initial meeting of the council shall be convened within

60 days after the effective date of this act by the secretary of corrections

at a time and place designated by the secretary of corrections. The council

shall elect a chairperson and may elect any additional officers from among

its members necessary to discharge its duties.

(c) Meetings of the council subsequent to its initial meeting shall be

held and conducted in accordance with policies and procedures estab-

lished by the council.

(d) The council shall meet upon call of its chairperson as necessary

to carry out its duties under this act.

(e) Each member of the council appointed by the governor or the

attorney general shall be appointed for a term of four years. All other

members shall be appointed for a term of two years and shall continue

to serve during that time as long as the member occupies the position

which made the member eligible for the appointment. Each member

shall continue in office until a successor is appointed and qualifies. Mem-

bers shall be eligible for reappointment, and appointment may be made

to fill an unexpired term.

(f) The council shall oversee and administer the state's participation

in the interstate compact for adult offenders supervision, 2002 Senate Bill

No. 95, and amendments thereto, and shall develop policies concerning

the operations and procedures of the compact within the state. The coun-

cil shall appoint the compact administrator.

(g) Each member of the council shall receive compensation, subsis-

tence allowances, mileage and other expenses as provided for in K.S.A.

75-3223, and amendments thereto, for each day or part thereof actually

spent on council activities.

(h) The provisions of this section shall take effect and be in force

from and after the later of July 1, 2002, or upon enactment into law by

the 35th jurisdiction of the interstate compact for adult offenders super-

vision.

Sec. 4. K.S.A. 2001 Supp. 22-3716 and 75-5291 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 29, 2002.

Published in the Kansas Register June 6, 2002.


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