Session Law

Identifying Information:L. 2003 ch. 142
Other Identifying Information:2003 Senate Bill 195
Tax Type:Other
Brief Description:An Act concerning criminal procedure; relating to the Kansas parole board; amending K.S.A. 2002 Supp. 22-3707 and 22-3709 and repealing the existing sections.
Keywords:


Body:

CHAPTER 142

SENATE BILL No. 195


An Act concerning criminal procedure; relating to the Kansas parole board; amending

K.S.A. 2002 Supp. 22-3707 and 22-3709 and repealing the existing sections.

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

Section 1. K.S.A. 2002 Supp. 22-3707 is hereby amended to read as

follows: 22-3707. (a) On and after July 1, 1997 Except as otherwise pro-

vided by this section, the Kansas parole board shall consist of four three

members appointed by the governor, subject to confirmation by the sen-

ate as provided in K.S.A. 75-4315b and amendments thereto. Except as

provided by K.S.A. 46-2601, and amendments thereto, no person shall

exercise any power, duty or function as a member of the board until

confirmed by the senate. No successor shall be appointed as provided in

this section for any member the office of one of the members of the Kansas

parole board whose term expires on June 30, 1997 January 15, 2003. On

and after July 1, 1997, No appointment to the board shall be made that

would result in more than two members of the board being members of

the same political party. Except as provided by subsection (b), The term

of office of the members of the board shall be four years and until their

successors are appointed and confirmed. If a vacancy occurs in the mem-

bership of the board before the expiration of the term of office, a suc-

cessor shall be appointed for the remainder of the unexpired term in the

same manner that original appointments are made. Each member of the

board shall devote the member's full time to the duties of membership

on the board.

(b) The terms of members who are serving on the board on the ef-

fective date of this act shall expire on January 15, of the year in which

such member's term would have expired under the provisions of this

section prior to amendment by this act. Thereafter, members shall be

appointed for terms of four years and until their successors are appointed

and confirmed.

(c) (b) The governor may not remove any member of the Kansas

parole board except for disability, inefficiency, neglect of duty or malfea-

sance in office. Before removal, the governor shall give the member a

written copy of the charges against the member and shall fix the time

when the member can be heard at a public hearing, which shall not be

less than 10 days thereafter. Upon removal, the governor shall file in the

office of the secretary of state a complete statement of all charges made

against the member and the findings thereupon, with a complete record

of the proceedings.

Sec. 2. K.S.A. 2002 Supp. 22-3709 is hereby amended to read as

follows: 22-3709. (a) The chairperson and vice-chairperson of the Kansas

parole board shall be designated by the governor. The chairperson of the

board shall have the authority to organize and administer the activities of

the board. The chairperson of the board may designate panels, consisting

of three two members of the board, which shall have the full authority

and power of the board to order the denial, grant or revocation of an

inmate's parole or conditional release, or for crimes committed on or after

July 1, 1993, grant parole for off-grid crimes or revocation of postrelease

supervision or to order the revocation of an inmate's conditional release,

upon hearing by one or more members of the panel.

(b) Any decision of the Kansas parole board granting original parole

to an inmate sentenced for a class A or class B felony or for off-grid crimes

committed on or after July 1, 1993, shall be by unanimous vote of all

members of the three-member panel acting on such parole except that,

if two members of such panel vote to parole the inmate, the full mem-

bership of the board shall review the decision of the panel and may parole

such inmate upon the vote of three members of the board.

Sec. 3. K.S.A. 2002 Supp. 22-3707 and 22-3709 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 15, 2002.

Published in the Kansas Register May 22, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003