K.S.A. Chapter 21 - Article 67
Current through end of 2014 legislative session
21-6701 Classes of felonies and terms of imprisonment; crimes committed prior to July 1, 1993.
21-6702 Authorized dispositions; crimes committed prior to July 1, 1993.
21-6703 Presentence investigation and report.
21-6704 Availability of reports to counsel; exception.
21-6705 Criteria for fixing minimum terms; crimes committed prior to July 1, 1993.
21-6706 Conviction of second and subsequent felonies; exceptions.
21-6707 Mandatory imprisonment for crimes involving firearms; crimes committed prior to July 1, 1993.
21-6708 Presumptive sentence of probation for certain class D or E felons; crimes committed prior to July 1, 1993.
21-6709 Presumptive sentence of assignment to community correctional services program for certain class D or E felons; aggravating circumstances to be considered; crimes committed prior to July 1, 1993.
21-6710 Fines; crimes committed prior to July 1, 1993.
21-6711 Defendants sentenced to custody of secretary of corrections; judgment form and contents; diagnostic reports to accompany defendant; crimes committed prior to July 1, 1993.
21-6712 Same; order transferring custody to corrections.
21-6701. Classes of felonies and terms of imprisonment; crimes committed prior to July 1, 1993.
For the purpose of sentencing, the following classes of felonies and terms of imprisonment authorized for each class are established:
(a) Class A, the sentence for which shall be imprisonment for life.
(b) Class B, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be fixed by the court at not less than five years nor more than 15 years and the maximum of which shall be fixed by the court at not less than 20 years nor more than life.
(c) Class C, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be fixed by the court at not less than three years nor more than five years and the maximum of which shall be fixed by the court at not less than 10 years nor more than 20 years.
(d) Class D, the sentence for which shall be an indeterminate term of imprisonment fixed by the court as follows:
(1) For a crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to such section’s repeal a minimum of not less than two years nor more than three years and a maximum of not less than five years nor more than 10 years; and
(2) for any other crime, a minimum of not less than one year nor more than three years and a maximum of not less than five years nor more than 10 years.
(e) Class E, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be one year and the maximum of which shall be fixed by the court at not less than two years nor more than five years.
(f) Unclassified felonies, which shall include all crimes declared to be felonies without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime. If no sentence is provided in the statute, the offender shall be sentenced as for a class E felony.
(g) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 1969, ch. 180, § 21-4501; L. 1978, ch. 120, § 3; L. 1982, ch. 137, § 1; L. 1984, ch. 119, § 9; L. 1988, ch. 115, § 10; L. 1992, ch. 239, § 231; L. 2010, ch. 136, § 270, July 1, 2011.
21-6702. Authorized dispositions; crimes committed prior to July 1, 1993.
(a) Whenever any person has been found guilty of a crime and the court finds that an adequate presentence investigation can-not be conducted by resources available within the judicial district, including mental health centers and mental health clinics, the court may require that a presentence investigation be conducted by the Topeka correctional facility or by the state security hospital. If the offender is sent to the Topeka correctional facility or the state security hospital for a presentence investigation under this section, the correctional facility or hospital may keep the offender confined for a maximum of 60 days, except that an inmate may be held for a longer period of time on order of the secretary, or until the court calls for the return of the offender. While held at the Topeka correctional facility or the state security hospital the defendant may be treated the same as any person committed to the secretary of corrections or secretary for aging and disability services for purposes of maintaining security and control, discipline, and emergency medical or psychiatric treatment, and general population management except that no such person shall be transferred out of the state or to a federal institution or to any other location unless the transfer is between the correctional facility and the state security hospital. The correctional facility or the state security hospital shall compile a complete mental and physical evaluation of such offender and shall make its findings and recommendations known to the court in the presentence report.
(b) Except as provided in subsection (c), whenever any person has been found guilty of a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of corrections or, if confinement is for a term less than one year, to jail for the term provided by law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of an original probation sentence and up to 60 days in a county jail upon each revocation of the probation sentence;
(4) suspend the imposition of the sentence subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of suspension of sentence;
(5) assign the defendant to a community correctional services program subject to the provisions of K.S.A. 75-5291, and amendments thereto, and such conditions as the court may deem appropriate, including orders requiring full or partial restitution;
(6) assign the defendant to a conservation camp for a period not to exceed six months;
(7) assign the defendant to a house arrest program pursuant to K.S.A. 21-6609, and amendments thereto;
(8) order the defendant to attend and satisfactorily complete an alcohol or drug education or training program as provided by subsection (c) of K.S.A. 21-6602, and amendments thereto;
(9) order the defendant to pay the administrative fee authorized by K.S.A. 22-4529, and amendments thereto, unless waived by the court; or
(10) impose any appropriate combination of subsections (b)(1) through (b)(9).
In addition to or in lieu of any of the above, the court shall order the defendant to submit to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by subsection (d) of K.S.A. 21-6602, and amendments thereto.
In addition to any of the above, the court shall order the defendant to reimburse the state general fund for all or a part of the expenditures by the state board of indigents’ defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents’ defense services or the amount prescribed by the board of indigents’ defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less.
In imposing a fine the court may authorize the payment thereof in installments. In releasing a defendant on probation, the court shall direct that the defendant be under the supervision of a court services officer. If the court commits the defendant to the custody of the secretary of corrections or to jail, the court may specify in its order the amount of restitution to be paid and the person to whom it shall be paid if restitution is later ordered as a condition of parole or conditional release.
The court in committing a defendant to the custody of the secretary of corrections shall fix a maximum term of confinement within the limits provided by law. In those cases where the law does not fix a maximum term of confinement for the crime for which the defendant was convicted, the court shall fix the maximum term of such confinement. In all cases where the defendant is committed to the custody of the secretary of corrections, the court shall fix the minimum term within the limits provided by law.
(c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior to its repeal, has been found guilty of a class A or B felony, the court shall commit the defendant to the custody of the secretary of corrections and may impose the fine applicable to the offense.
(d) (1) Except when an appeal is taken and determined adversely to the defendant as provided in subsection (d)(2), at any time within 120 days after a sentence is imposed, after probation or assignment to a community correctional services program has been revoked, the court may modify such sentence, revocation of probation or assignment to a community correctional services program by directing that a less severe penalty be imposed in lieu of that originally adjudged within statutory limits and shall modify such sentence if recommended by the Topeka correctional facility unless the court finds and sets forth with particularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the inmate will not be served by such modification.
(2) If an appeal is taken and determined adversely to the defendant, such sentence may be modified within 120 days after the receipt by the clerk of the district court of the mandate from the supreme court or court of appeals.
(e) The court shall modify the sentence at any time before the expiration thereof when such modification is recommended by the secretary of corrections unless the court finds and sets forth with particularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the inmate will not be served by such modification. The court shall have the power to impose a less severe penalty upon the inmate, including the power to reduce the minimum below the statutory limit on the minimum term prescribed for the crime of which the inmate has been convicted. The recommendation of the secretary of corrections, the hearing on the recommendation and the order of modification shall be made in open court. Notice of the recommendation of modification of sentence and the time and place of the hearing thereon shall be given by the inmate, or by the inmate’s legal counsel, at least 21 days prior to the hearing to the county or district attorney of the county where the inmate was convicted. After receipt of such notice and at least 14 days prior to the hearing, the county or district attorney shall give notice of the recommendation of modification of sentence and the time and place of the hearing thereon to any victim of the inmate’s crime who is alive and whose address is known to the county or district attorney or, if the victim is deceased, to the victim’s next of kin if the next of kin’s address is known to the county or district attorney. Proof of service of each notice required to be given by this subsection shall be filed with the court.
(f) After such defendant has been assigned to a conservation camp but prior to the end of 180 days, the chief administrator of such camp shall file a performance report and recommendations with the court. The court shall enter an order based on such report and recommendations modifying the sentence, if appropriate, by sentencing the defendant to any of the authorized dispositions provided in subsection (b), except to reassign such person to a conservation camp as provided in subsection (b)(6).
(g) This section shall not deprive the court of any authority conferred by any other Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty as a result of conviction of crime.
(h) An application for or acceptance of probation, suspended sentence or assignment to a community correctional services program shall not constitute an acquiescence in the judgment for purpose of appeal, and any convicted person may appeal from such conviction, as provided by law, without regard to whether such person has applied for probation, suspended sentence or assignment to a community correctional services program.
(i) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 21-4628, prior to its repeal, the provisions of this section shall not apply.
(j) The provisions of this section shall apply to crimes committed before July 1, 1993.
History: L. 1969, ch. 180, § 21-4603; L. 1970, ch. 124, § 11; L. 1971, ch. 113, § 1; L. 1972, ch. 317, § 97; L. 1973, ch. 339, § 69; L. 1974, ch. 147, § 1; L. 1976, ch. 156, § 3; L. 1978, ch. 120, § 5; L. 1980, ch. 104, § 1; L. 1981, ch. 146, § 1; L. 1984, ch. 112, § 4; L. 1984, ch. 124, § 1; L. 1986, ch. 128, § 1; L. 1986, ch. 123, § 6; L. 1986, ch. 136, § 1; L. 1988, ch. 115, § 8; L. 1989, ch. 92, § 2; L. 1990, ch. 99, § 12; L. 1990, ch. 309, § 13; L. 1990, ch. 149, § 1; L. 1991, ch. 88, § 2; L. 1991, ch. 89, § 4; L. 1992, ch. 298, § 92; L. 1993, ch. 291, § 182; L. 1997, ch. 181, § 17; L. 1998, ch. 186, § 1; L. 2000, ch. 182, § 2; L. 2002, ch. 19, § 1; L. 2010, ch. 136, § 271, L. 2011, ch. 30, § 76, L. 2014, ch. 115, § 24; July 1.
21-6703. Presentence investigation and report.
(a) Whenever a defendant is convicted of a misdemeanor, the court before which the conviction is had may request a presentence investigation by a court services officer. Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court services officer or in accordance with K.S.A. 21-6702, and amendments thereto, unless the court finds that adequate and current information is available in a previous presentence investigation report or from other sources.
(b) Whenever a presentence report is requested, the court services officer, with the assistance of the county or district attorney, shall secure, except for good cause shown, information concerning:
(1) The circumstances of the offense and any mitigating or aggravating factors involved in the defendant’s behavior;
(2) the attitude of the complainant or victim and, if possible in homicide cases, the victim’s immediate family;
(3) the criminal record, social history and present condition of the defendant; and
(4) any other facts or circumstances that may aid the court in sentencing, which may include, but is not limited to, the financial, social, psychological, physical or other harm or loss suffered by victims of the offense and the restitution needs of such victims. Except where specifically prohibited by law, all local governmental and state agencies shall furnish to the officer conducting the presentence investigation any records requested by the officer. If ordered by the court, the presentence investigation shall include a physical and mental examination of the defendant.
(c) Presentence investigation reports shall be in the form and contain the information prescribed by rule of the supreme court, and shall contain any other information prescribed by the district court.
(d) The judicial administrator of the courts shall confer and consult with the secretary of corrections when considering changes or revisions in the form and content of presentence investigation reports so that the reports will be in such form and contain such information as will be of assistance to the secretary in exercising or performing the secretary’s functions, powers and duties.
(e) The provisions of this section shall not apply to felony crimes committed on or after July 1, 1993.
History: L. 1969, ch. 180, § 21-4604; L. 1970, ch. 124, § 12; L. 1978, ch. 120, § 6; L. 1980, ch. 101, § 1; L. 1984, ch. 112, § 5; L. 1985, ch. 110, § 1; L. 1991, ch. 90, § 1; L. 1992, ch. 239, § 239; L. 1993, ch. 291, § 184; L. 1994, ch. 291, § 45; L. 2010, ch. 136, § 272, July 1, 2011.
21-6704. Availability of reports to counsel; exception.
(a) (1) The judge shall make available to the attorney for the state or counsel for the defendant the presentence report, any report that may be received from the Topeka correctional facility or the state security hospital and other diagnostic reports and shall allow the attorney or counsel a reasonable time to review the report before sentencing the defendant.
(2) The court shall permit the attorney for the state or the counsel for the defendant to copy and retain any of the reports under subsection (a)(1). Any reports copied and retained shall be kept in the records of the attorney for the state or the counsel for the defendant. All costs of copying such reports shall be paid by the office of the attorney for the state or the counsel for the defendant making the request.
(b) The presentence report shall become part of the court record and shall be accessible to the public, except that the official version, the defendant’s version, the victim’s statement, any psychological reports and any drug and alcohol reports shall be accessible only to the attorney for the state and the counsel for the defendant, the sentencing judge, the department of corrections and if requested, the Kansas sentencing commission. If the offender is committed to the custody of the secretary of corrections, the report shall be sent to the secretary and, in accordance with K.S.A. 75-5220, and amendments thereto, to the warden of the state correctional institution to which the defendant is conveyed.
(c) For felony crimes committed on or after July 1, 1993, the provisions of this section are not applicable to the presentence investigation report.
History: L. 1969, ch. 180, § 21-4605; L. 1972, ch. 317, § 98; L. 1973, ch. 339, § 70; L. 1978, ch. 120, § 7; L. 1982, ch. 138, § 1; L. 1990, ch. 115, § 1; L. 1990, ch. 309, § 14; L. 1991, ch. 260, § 4; L. 1991, ch. 89, § 5; L. 1994, ch. 291, § 46; L. 1999, ch. 164, § 14; L. 2010, ch. 136, § 273, July 1, 2011.
21-6705. Criteria for fixing minimum terms; crimes committed prior to July 1, 1993.
(a) In sentencing a person to prison, the court, having regard to the nature and circumstances of the crime and the history, character and condition of the defendant, shall fix the lowest minimum term which, in the opinion of such court, is consistent with the public safety, the needs of the defendant, and the seriousness of the defendant’s crime.
(b) The following factors, while not controlling, shall be considered by the court in fixing the minimum term of imprisonment:
(1) The defendant’s history of prior criminal activity;
(2) the extent of the harm caused by the defendant’s criminal conduct;
(3) whether the defendant intended that the defendant’s criminal conduct would cause or threaten serious harm;
(4) the degree of the defendant’s provocation;
(5) whether there were substantial grounds tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense;
(6) whether the victim of the defendant’s criminal conduct induced or facilitated its commission; and
(7) whether the defendant has compensated or will compensate the victim of the defendant’s criminal conduct for the damage or injury that the victim sustained.
(c) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 1969, ch. 180, § 21-4606; L. 1992, ch. 239, § 240; L. 2010, ch. 136, § 274, July 1, 2011.
21-6706. Conviction of second and subsequent felonies; exceptions.
(a) If a defendant is convicted of a felony specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated prior to their repeal, the punishment for which is confinement in the custody of the secretary of corrections after having previously been convicted of any such felony or comparable felony under the laws of another state, the federal government or a foreign government, the trial judge may sentence the defendant as follows, upon motion of the prosecutor:
(1) The court may fix a minimum sentence of not less than the least nor more than twice the greatest minimum sentence authorized by K.S.A. 21-6701, and amendments thereto, for the crime for which the defendant is convicted; and
(2) the court may fix a maximum sentence of not less than the least nor more than twice the greatest maximum sentence provided for the crime by K.S.A. 21-6701, and amendments thereto.
(b) If a defendant is convicted of a felony specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated prior to their repeal, having been convicted at least twice before for any such felony offenses or comparable felony offenses under the laws of another state, the federal government or a foreign government, the trial judge shall sentence the defendant as follows, upon motion of the prosecutor:
(1) The court shall fix a minimum sentence of not less than the greatest nor more than three times the greatest minimum sentence authorized for the crime for which the defendant is convicted by K.S.A. 21-6701, and amendments thereto; and
(2) the court may fix a maximum sentence of not less than the least nor more than three times the greatest maximum sentence provided for the crime by K.S.A. 21-6701, and amendments thereto.
(c) If a defendant is convicted of a felony other than a felony specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated prior to their repeal, having been convicted at least twice before for any such felony offenses or comparable felony offenses under the laws of another state, the federal government or a foreign government, the trial judge shall sentence the defendant as follows, upon motion of the prosecutor:
(1) The court shall fix a minimum sentence of not less than the greatest nor more than two times the greatest minimum sentence authorized for the crime for which the defendant is convicted by K.S.A. 21-6701, and amendments thereto; and
(2) the court may fix a maximum sentence of not less than the least nor more than two times the greatest maximum sentence provided for the crime by K.S.A. 21-6701, and amendments thereto.
(d) If any portion of a sentence imposed under K.S.A. 21-107a, prior to their repeal, or under this section, is determined to be invalid by any court because a prior felony conviction is itself invalid, upon resentencing the court may consider evidence of any other prior felony conviction that could have been utilized under K.S.A. 21-107a, prior to their repeal, or under this section, at the time the original sentence was imposed, whether or not it was introduced at that time, except that if the defendant was originally sentenced as a second offender, the defendant shall not be resentenced as a third offender.
(e) The provisions of this section shall not be applicable to:
(1) Any person convicted of a felony of which a prior conviction of a felony is a necessary element;
(2) any person convicted of a felony for which a prior conviction of such felony is considered in establishing the class of felony for which the person may be sentenced; or
(3) any felony committed on or after July 1, 1993.
(f) A judgment may be rendered pursuant to this section only after the court finds from competent evidence the fact of former convictions for a felony committed by the prisoner, in or out of the state.
History: L. 1969, ch. 180, § 21-4504; L. 1970, ch. 124, § 10; L. 1973, ch. 141, § 1; L. 1978, ch. 120, § 4; L. 1982, ch. 137, § 2; L. 1989, ch. 92, § 23; L. 1990, ch. 100, § 4; L. 1992, ch. 239, § 235; L. 1993, ch. 291, § 180; L. 2010, ch. 136, § 275, July 1, 2011.
21-6707. Mandatory imprisonment for crimes involving firearms; crimes committed prior to July 1, 1993.
(a) Except as provided in subsection (c), probation, assignment to a community correctional services program or suspension of sentence shall not be granted to any defendant who is convicted of the commission of the crime of rape, the crime of aggravated sodomy or any crime set out in article 34 of chapter 21 of the Kansas Statutes Annotated prior to their repeal, in which the defendant used any firearm in the commission thereof and such defendant shall be sentenced to not less than the minimum sentence of imprisonment authorized by law for that crime. This section shall not apply to any crime committed by a person under 18 years of age.
(b) When a court has sentenced a defendant as provided above, the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced pursuant to this section based on a finding by the court that a firearm was so used.
(c) The provisions of this section shall not apply to any crime committed by a person where such application would result in a manifest injustice.
(d) The provisions of this section shall not apply to any crime committed on or after July 1, 1993.
History: L. 1976, ch. 168, § 1; L. 1979, ch. 94, § 1; L. 1979, ch. 90, § 6; L. 1980, ch. 104, § 3; L. 1986, ch. 123, § 15; L. 1989, ch. 92, § 26; L. 1992, ch. 239, § 246; L. 2010, ch. 136, § 276, July 1, 2011.
21-6708. Presumptive sentence of probation for certain class D or E felons; crimes committed prior to July 1, 1993.
The presumptive sentence for a person who has never before been convicted of a felony, but has now been convicted of a class D or E felony or convicted of an attempt to commit a class D felony shall be probation, unless the conviction is of a crime or of an attempt to commit a crime specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated prior to their repeal or in the uniform controlled substances act or the person convicted is a juvenile offender in the custody of the Kansas department for children and families. In determining whether to impose the presumptive sentence, the court shall consider any prior record of the person’s having been convicted or having been adjudicated to have committed, while a juvenile, an offense which would constitute a felony if committed by an adult. If the presumptive sentence provided by this section is not imposed, the provisions of K.S.A. 21-6709, and amendments thereto, shall apply. The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 1984, ch. 119, § 1; L. 1986, ch. 123, § 7; L. 1989, ch. 92, § 3; L. 1990, ch. 100, § 5; L. 1992, ch. 239, § 241; L. 2010, ch. 136, § 277, L. 2014, ch. 115, § 25; July 1.
21-6709. Presumptive sentence of assignment to community correctional services program for certain class D or E felons; aggravating circumstances to be considered; crimes committed prior to July 1, 1993.
(a) If probation is not granted pursuant to K.S.A. 21-6708, and amendments thereto, subject to the provisions of K.S.A. 75-5291, and amendments thereto, the presumptive sentence for a person convicted of a class D or E felony shall be assignment to a community correctional services program on terms the court determines.
(b) In determining whether to impose the presumptive sentence provided by this section, the court shall consider whether any of the following aggravating circumstances existed:
(1) Whether the crime is a felony violation of the uniform controlled substances act or an attempt to commit such an offense;
(2) whether the crime is a crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated prior to their repeal or an attempt to commit such an offense; or
(3) any prior record of the person’s having been convicted of a felony or having been adjudicated to have committed, while a juvenile, an offense which would constitute a felony if committed by an adult.
(c) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 1989, ch. 92, § 13; L. 1990, ch. 100, § 6; L. 1992, ch. 239, § 242; July 1, 1993; L. 2000, ch. 182, § 4; L. 2010, ch. 136, § 278, July 1, 2011.
21-6710. Fines; crimes committed prior to July 1, 1993.
(a) Except as provided in subsection (b), a person who has been convicted of a felony may, in addition to or instead of the imprisonment authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class B or C felony, a sum not exceeding $15,000.
(2) For a class D or E felony, a sum not exceeding $10,000.
(b) A person who has been convicted of a felony violation of or any attempt or conspiracy to commit a felony violation of any provision of the uniform controlled substances act may, in addition to or instead of the imprisonment authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class A felony, a sum not exceeding $500,000.
(2) For a class B or C felony, a sum not exceeding $300,000.
(3) For a class D or E felony, a sum not exceeding $100,000.
(c) A person who has been convicted of a misdemeanor may, in addition to or instead of the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class A misdemeanor, a sum not exceeding $2,500.
(2) For a class B misdemeanor, a sum not exceeding $1,000.
(3) For a class C misdemeanor, a sum not exceeding $500.
(4) For an unclassified misdemeanor, any sum authorized by the statute that defines the crime; if no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C misdemeanor.
(d) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.
(e) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which shall be fixed by the court not exceeding $500.
(f) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 1969, ch. 180, § 21-4503; L. 1979, ch. 90, § 5; L. 1983, ch. 135, § 3; L. 1984, ch. 39, § 34; L. 1990, ch. 100, § 3; L. 1992, ch. 239, § 233; L. 2010, ch. 136, § 279, July 1, 2011.
21-6711. Defendants sentenced to custody of secretary of corrections; judgment form and contents; diagnostic reports to accompany defendant; crimes committed prior to July 1, 1993.
(a) If the defendant is to be sentenced to the custody of the secretary of corrections, the court may prepare a judgment form which shall be signed by the court and filed with the clerk. If prepared, the judgment form shall reflect the conviction, the sentence and the commitment, and shall contain the following:
(1) The pronouncement of guilt including:
(A) The title of the crime;
(B) the statute violated; and
(C) the date the offense occurred.
(2) The sentence imposed including:
(A) The terms as required by subsection (b) of K.S.A. 21-6702, and amendments thereto;
(B) if applicable, a description of any increase in sentence because of previous felony conviction pursuant to K.S.A. 21-6706, and amendments thereto;
(C) if applicable, a statement that this defendant has been convicted of a class A, B or C felony by reason of aiding, abetting, advising, or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, prior to its repeal;
(D) if applicable, a statement that this defendant, age 18 or over, has been mandatorily sentenced pursuant to K.S.A. 21-6707, and amendments thereto, for use of a firearm in a crime under article 34 of chapter 21, prior to its repeal or the crime of rape or aggravated sodomy; and
(E) a statement of the effective date of the sentence indicating whether it is the date of imposition or some date earlier to give credit for time confined pending disposition of the case pursuant to K.S.A. 21-6615, and amendments thereto, or credit for time on probation or assignment to community corrections pursuant to K.S.A. 21-6615, and amendments thereto.
(3) The order of commitment to the custody of the secretary, if not issued as a separate order.
(b) The court may attach to or include in the judgment form any of the following:
(1) A statement of reasons for imposing the sentence as ordered other than those reasons required above to be stated;
(2) a description of aggravating or mitigating circumstances the court took into consideration when ordering the commitment;
(3) recommendations on a program of rehabilitation for the offender, based on presentence investigation reports and any other information available. Such recommendations may include desirable treatment for corrections of physical deformities or disfigurement that may, if possible, be corrected by medical or surgical procedures or by prosthesis;
(4) a recommendation for further evaluation at the Topeka correctional facility, even though the defendant was committed for presentence investigation;
(5) the copy of the evidence from trial or part thereof transmitted pursuant to K.S.A. 75-5219, and amendments thereto.
(c) The court shall forward a copy of all presentence investigation reports and other diagnostic reports on the offender received by the district court, including any reports received from the Topeka correctional facility or the state security hospital, to the officer having the offender in custody for delivery with the offender to the correctional institution.
(d) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.
History: L. 1980, ch. 104, § 4; L. 1988, ch. 115, § 5; L. 1990, ch. 309, § 15; L. 1991, ch. 260, § 5; L. 1992, ch. 239, § 248; L. 2010, ch. 136, § 280, July 1, 2011.
21-6712. Same; order transferring custody to corrections.
If the defendant is to be sentenced to the secretary of corrections, the court shall issue an order of commitment to cause the transfer of custody of the defendant over to the secretary. Such order may be made part of the sentencing document whether that be the judgment form or the journal entry. The commitment order shall be supported by the record of judgment of conviction and sentence, whether by judgment form or by journal entry, and delivered with the defendant to the correctional institution.
History: L. 1980, ch. 104, § 5; L. 2010, ch. 136, § 281, July 1, 2011.