K.S.A. Chapter 22
Article 37 - Release Procedures
Current Through End
of 2008 Legislative Session
22-3701 Pardons
and commutations.
22-3702 Form
of pardon.
22-3703 Report
of pardons to legislature.
22-3704 Reprieves
in capital cases.
22-3705 Reduction
of penalty.
22-3706 Person
acting as agent or representative of individual seeking release; contingent fee
prohibited; statement and affidavit.
22-3707
22-3707a Name
of
22-3708 Compensation;
travel allowances.
22-3709 Officers
of board; panels authorized; vote required to parole certain inmates.
22-3710
22-3711 Certain
records privileged.
22-3712 Placement
in diagnostic or treatment facility as condition of release.
22-3713 Parole
board; hearings; personnel and accounting services.
22-3716 Arrest
for violating condition of probation, assignment to community corrections,
suspension of sentence or nonprison sanction; time limitation on issuing
warrant; limitations on serving sentence in department of corrections' facility
or ser...
22-3717 Parole
or postrelease supervision; eligibility; interviews, notices and hearings;
rules and regulations; conditions of parole or postrelease supervision.
22-3718 Conditional
release; notice.
22-3719 Information
from correctional institution officials.
22-3720 Subpoena
power.
22-3722 Service
on parole, conditional release and postrelease supervision; discharge;
restoration of civil rights.
22-3723 Transfer
of offenders under treaties.
22-3725 Good
time credits, crimes committed prior to
22-3726 Supervised
furlough; crimes committed prior to
22-3727 Secretary
of corrections; prior to release, information to victims.
22-3728 Functional
incapacitation release; procedures; notice; conditions; supervision upon
release.
22-3701.
Pardons and commutations.
(1) The
governor may pardon, or commute the sentence of, any person convicted of a
crime in any court of this state upon such terms and conditions as prescribed
in the order granting the pardon or commutation.
(2) The
Kansas parole board, hereafter referred to as the board, shall adopt rules and
regulations governing the procedure for initiating, processing, and reviewing
applications for pardon, or commutation of sentence filed by and on behalf of
persons convicted of crime.
(3) Except
as otherwise provided, no pardon or commutation of sentence shall be granted
until more than 30 days after written notice of the application therefor has
been given to: (a) The prosecuting attorney and the judge of the court in which
the defendant was convicted; and (b) any victim of the person's crime or the
victim's family, if the person was convicted of a crime specified in article
34, 35 or 36 of chapter 21 of the Kansas statutes annotated. Notice of such
application for pardon or commutation of sentence shall be given by the
secretary of corrections to the victim who is alive and whose address is known
to the secretary of corrections, or if the victim is deceased, to the victim's
family if the family's address is known to the secretary of corrections. Notice
of the receipt of such application shall be given by publication in the
official county paper of the county of conviction. The form of notice shall be
prescribed by the board. If the applicant executes a poverty affidavit, the
cost of one publication of the notice during a twelve-month period shall be
paid by the state. If more than one notice of application is published during
any twelve-month period the additional cost of publication shall be paid by the
applicant. Subject to the provisions of subsection (4), if written notification
is not given to such victim who is alive and whose address is known to the
secretary of corrections or, if the victim is deceased, to the victim's family
if the family's address is known to the secretary of corrections, the governor
shall not grant or deny such application until a time at least 30 days after
notification is given by publication as provided in this section.
(4) All
applications for pardon or commutation of sentence shall be referred to the
board. The board shall examine each case and submit a report, together with
such information as the board may have concerning the applicant, to the
governor within 120 days after referral to the board. The governor shall not
grant or deny any such application until the governor has received the report
of the board or until 120 days after the referral to the board, whichever time
is the shorter and the provisions of subsection (3) have been satisfied.
History: L. 1970, ch.
129, § 22-3701; L. 1972, ch. 317, § 79; L. 1973, ch. 339, § 58; L. 1992, ch.
298, § 94; L. 1997, ch. 23, § 1; Apr. 10.
A pardon
shall be in writing, signed by the governor, attested by the great seal of the
state and shall be authority for the release and discharge of the person named
therein.
History: L. 1970, ch.
129, § 22-3702; July 1.
22-3703.
Report of pardons to legislature.
The
governor at each regular session of the legislature, shall communicate to both
houses of the legislature a list of all persons pardoned by him during the
preceding year, with a statement of the offense of which each was convicted,
the time of imprisonment or amount of fine, and the condition, if any, upon
which such pardon was granted.
History: L. 1970, ch.
129, § 22-3703; July 1.
22-3704.
Reprieves in capital cases.
In cases
where the death penalty has been imposed the governor may order the
postponement of the execution of the sentence for a limited time. At the
expiration of such time the sentence of the court shall be carried out.
History: L. 1970, ch.
129, § 22-3704; July 1.
22-3705.
Reduction of penalty.
The
governor may, when he deems it proper or advisable, commute a sentence in any
criminal case by reducing the penalty as follows:
(a) If the
sentence is death, to imprisonment for life or for any term not less than ten
years;
(b) If the
sentence is to imprisonment, by reducing the duration of such imprisonment;
(c) If the
sentence is a fine, by reducing the amount thereof;
(d) If the
sentence is both imprisonment and fine, by reducing either or both.
History: L. 1970, ch.
129, § 22-3705; July 1.
22-3706.
Person acting as agent or representative of individual seeking release;
contingent fee prohibited; statement and affidavit.
No person
acting as agent or representative for an individual before the board for
pardon, commutation of sentence, parole or revocation of parole, conditional
release or postrelease supervision shall contract for or receive a fee
contingent upon a certain decision by the board. Such agent or representative
shall submit a statement on the applicant's behalf to the Kansas parole board
in writing and shall submit therewith an affidavit stating such agent's
representative's name; place of residence; the name of the applicant being
represented or has been represented; the fee, if any, paid to or to be paid to
such agent or representative by any person for such services; that such fee is
not or was not a contingent fee. If any person representing any applicant for
pardon, commutation of sentence, or parole shall fail to file such affidavit
the application shall not be considered. Any affidavit filed as provided in
this section shall be a public record.
History: L. 1970, ch.
129, § 22-3706; L. 1973, ch. 339, § 59; L. 1992, ch. 239, § 265; July 1, 1993.
22-3707.
Kansas parole board; appointments; terms; vacancies; removal.
(a) Except
as otherwise provided by this section, the Kansas parole board shall consist of
three members appointed by the governor, subject to confirmation by the senate
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 the
office of one of the members of the Kansas parole board whose term expires on
January 15, 2003. No appointment shall
be made to the board that would result in more than two members of the board
being members of the same political party.
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
membership of the board before the expiration of the term of office, a
successor 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
governor may not remove any member of the Kansas parole board except for
disability, inefficiency, neglect of duty or malfeasance 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.
History: L. 1970, ch.
129, § 22-3707; L. 1972, ch. 317, § 80; L. 1973, ch. 339, § 60; L. 1978, ch.
120, § 11; L. 1982, ch. 347, § 14; L. 1984, ch. 129, § 1; L. 1988, ch. 115, §
12; L. 1995, ch. 241, § 3; L. 1997, ch. 23, § 2;L. 2003, ch. 142, § 1 (SB 195);
May 22.
22-3707a. Name of Kansas adult authority changed to
Kansas parole board.
(a) On January 1, 1986, the
Kansas adult authority shall be and is hereby officially designated as the
Kansas parole board.
(b) On and after January 1, 1986, whenever the
Kansas adult authority, or words of like effect, is referred to or designated
by a statute, contract or other document, such reference or designation shall
mean and apply to the Kansas parole board.
(c) Nothing in this section shall be construed as
abolishing the Kansas adult authority or as re-establishing the same.
History: L. 1984, ch. 129, § 2; July 1.
22-3708.
Compensation; travel allowances.
(a) (1) The
annual salary of the chairperson of the Kansas parole board shall be an amount
equal to the annual salary paid by the state to a district judge designated as
chief judge; and
(2) the
annual salary of each other member of the Kansas parole board shall be an
amount which is $2,465 less than the annual salary of the chairperson.
(b) Members
of the Kansas parole board shall be allowed all actual travel and necessary
expenses incurred while in the discharge of official duties.
History: L. 1970, ch.
129, § 22-3708; L. 1972, ch. 317, § 81; L. 1973, ch. 339, § 61; L. 1978, ch.
120, § 12; L. 1979, ch. 98, § 1; L. 1985, ch. 278, § 11; L. 1986, ch. 115, §
68; L. 1999, ch. 57, § 34; July 1.
22-3709.
Officers of board; panels authorized; vote required to parole certain inmates.
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 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 and by a majority
vote of the board..
History: L. 1970, ch.
129, § 22-3709; L. 1972, ch. 317, § 82; L. 1973, ch. 339, § 62; L. 1988, ch.
115, § 13; L. 1992, ch. 239, § 266; L. 1997, ch. 23, § 3; L. 2003, ch. 142, §
2; L. 2004, ch. 66, § 1; July 1.
22-3710.
Kansas parole board; seal, orders, records, reports.
The Kansas
parole board shall adopt an official seal of which the courts shall take
judicial notice. The orders of the parole board shall not be reviewable except
as to compliance with the terms of this act or other applicable laws of this
state. The parole board shall keep a record of its acts and shall notify each
institution and the secretary of corrections of its decisions relating to the
persons who are or have been confined therein. At the close of each fiscal
year, the parole board shall submit to the governor and to the legislature a
report with statistical and other data of its work, including research studies
which it may make of probation, sentencing, parole, postrelease supervision or
related functions, and a compilation and analysis of dispositions of criminal
cases by district courts throughout the state or by executive authority.
History: L. 1970, ch.
129, § 22-3710; L. 1972, ch. 317, § 83; L. 1973, ch. 339, § 63; L. 1990, ch.
309, § 16; L. 1992, ch. 239, § 267; July 1, 1993.
22-3711.
Certain records privileged.
The presentence
report, the preparole report, the pre-postrelease supervision report and the
supervision history, obtained in the discharge of official duty by any member
or employee of the Kansas parole board or any employee of the department of
corrections, shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the parole board, the judge, the attorney
general or others entitled to receive the information, except that the parole
board, secretary of corrections or court may permit the inspection of the
report or parts of it by the defendant, inmate, defendant's or inmate's
attorney or other person having a proper interest in it, whenever the best
interest or welfare of a particular defendant or inmate makes the action
desirable or helpful.
History: L. 1970, ch.
129, § 22-3711; L. 1972, ch. 317, § 84; L. 1973, ch. 339, § 64; L. 1984, ch.
130, § 1; L. 1990, ch. 309, § 17; L. 1992, ch. 239, § 268; July 1, 1993.
22-3712.
Placement in diagnostic or treatment facility as condition of release.
As a
condition of probation, parole or postrelease supervision, a probationer,
parolee or person on postrelease supervision may be placed in a diagnostic, or
treatment facility by order of the court or parole board. Placement in a
diagnostic or treatment facility shall not exceed 90 days or the maximum period
of the prison sentence that could be imposed, but may be renewed for further
ninety-day periods on certificates presented to the court by the director of
such facility.
History: L. 1970, ch. 129,
§ 22-3712; L. 1972, ch. 317, § 85; L. 1990, ch. 309, § 18; L. 1992, ch. 239, §
269; L. 1997, ch. 23, § 4; Apr. 10.
22-3713.
Parole board; hearings; personnel and accounting services.
(a) The
parole board may authorize one or more of its members to conduct hearings on
behalf of the parole board.
(b) The
secretary of corrections shall provide the Kansas parole board with necessary
personnel and accounting services.
History: L. 1970, ch.
129, § 22-3713; L. 1972, ch. 317, § 86; L. 1973, ch. 339, § 65; L. 1990, ch.
309, § 19; L. 1996, ch. 32, § 1; July 1.
22-3716.
Arrest for violating condition of probation, assignment to community
corrections, suspension of sentence or nonprison sanction; time limitation on
issuing warrant; limitations on serving sentence in department of corrections'
facility or serving period of postrelease supervision, exceptions.
(a) At any
time during probation, assignment to a community 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 defendant. The warrant shall authorize all officers named in
the warrant to return the defendant to the custody of the court or to any
certified detention facility designated by the court. Any court services officer or community
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 or verbal statement setting forth that the defendant has, in the
judgment of the court services officer or community correctional services officer,
violated the conditions of the defendant's release or a nonprison sanction. A
written statement delivered 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 community
correctional services officer shall present to the detaining authorities a
similar statement of the circumstances of violation. Provisions regarding
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 immediately 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
represented by counsel and shall be informed by the judge that, if the
defendant is financially unable to obtain counsel, an attorney will be
appointed to represent the defendant.
The defendant shall have the right to present the testimony of witnesses
and other evidence on the defendant's behalf.
Relevant written statements made under oath may be admitted and
considered by the court along with other evidence presented at the
hearing. Except as otherwise provided,
if the violation is established, the court may continue or revoke the
probation, assignment to a community correctional services program, suspension
of sentence or nonprison sanction and may require the defendant to serve the
sentence imposed, or any lesser sentence, and, if imposition of sentence was
suspended, may impose any sentence which might originally have been
imposed. 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 nonprison 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 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.
When a new felony is committed while the offender is on probation or
assignment to a community correctional services program, the new sentence shall
be imposed pursuant to the consecutive sentencing requirements 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 correctional 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 correctional services program, suspended sentence or
pursuant to a nonprison sanction.
(d) The court
shall have 30 days following the date probation, assignment to a community
correctional service program, suspension of sentence 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 service 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 imprisonment 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 provisions of this subsection shall not apply to
offenders sentenced to a nonprison 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" or a "sexually motivated crime" as defined by
K.S.A. 22-3717, and amendments thereto, offenders sentenced pursuant to K.S.A.
21-4704, and amendments thereto, wherein the sentence is presumptive
imprisonment but a nonprison sanction may be imposed without a departure or
offenders 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 department 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.
(f)
Offenders who have been sentenced pursuant to section 1 [of 2003 SB 123], and
amendments thereto, and who subsequently violate a condition of the drug and
alcohol abuse treatment program shall be subject to an additional nonprison sanction
for any such subsequent violation. Such
nonprison sanctions shall include, but not be limited to, up to 60 days in a
county jail, fines, community service, intensified treatment, house arrest and
electronic monitoring.
History: L. 1970, ch.
129, § 22-3716; L. 1972, ch. 317, § 89; L. 1984, ch. 112, § 9; L. 1986, ch.
123, § 24; L. 1990, ch. 112, § 1; L. 1992, ch. 239, § 301; L. 1993, ch. 291, §
198; L. 1994, ch. 291, § 65; L. 2000, ch. 182, § 8; L. 2002, ch. 177, § 1 ; L.
2003, ch. 135, § 6; L. 2008, ch. 175, § 4; L. 2008, ch. 183, § 8; July 1.
22-3717.
Parole or postrelease supervision; eligibility; interviews, notices and
hearings; rules and regulations; conditions of parole or postrelease
supervision.
(a) Except
as otherwise provided by this section; K.S.A. 1993 Supp. 21-4628 prior to its
repeal; K.S.A. 21-4635 through 21- 4638 and amendments thereto; K.S.A. 8-1567,
and amendments thereto, section 1 [of 2006 HB 2576], and amendments thereto;and
K.S.A. 21-4624, and amendments thereto, an inmate, including an inmate
sentenced pursuant to K.S.A. 21- 4618 and amendments thereto, shall be eligible
for parole after serving the entire minimum sentence imposed by the court, less
good time credits.
(b) (1)
Except as provided by K.S.A. 21-4635 through 21-4638 and amendments thereto, an
inmate sentenced to imprisonment for the crime of capital murder, or an inmate
sentenced for the crime of murder in the first degree based upon a finding of
premeditated murder, committed on or after July 1, 1994, shall be eligible for
parole after serving 25 years of confinement, without deduction of any good
time credits.
(2) Except
as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior to
its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an
inmate sentenced to imprisonment for an off-grid offense committed on or after
July 1, 1993, but prior to July 1, 1999, shall be eligible for parole after
serving 15 years of confinement, without deduction of any good time credits and
an inmate sentenced to imprisonment for an off-grid offense committed on or
after July 1, 1999, shall be eligible for parole after serving 20 years of
confinement without
deduction of any good time credits.
(3) Except
as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate
sentenced for a class A felony committed before July 1, 1993, including an
inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be
eligible for parole after serving 15 years of confinement, without deduction of
any good time credits.
(4) An
inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A.
21-3402 and amendments thereto committed on or after July 1, 1996, but prior to
July 1, 1999, shall be eligible for parole after serving 10 years of confinement
without deduction of any good time credits.
(5) An
inmate sentenced to imprisonment pursuant to section 2 [of 2006 HB 2576] and
amendments thereto, committed on or after July 1, 2006, shall be eligible for
parole after serving the mandatory term of imprisonment without deduction of
any good time credits.
(c) (1)
Except as provided in subsection (e), if an inmate is sentenced to imprisonment
for more than one crime and the sentences run consecutively, the inmate shall
be eligible for parole after serving the total of:
(A) The
aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and
amendments thereto, less good time credits for those crimes which are not class
A felonies; and
(B) an
additional 15 years, without deduction of good time credits, for each crime
which is a class A felony.
(2) If an
inmate is sentenced to imprisonment pursuant to section 2 [of 2006 HB 2576] ,
and amendments thereto, for crimes committed on or after July 1, 2006, the
inmate shall be eligible for parole after serving the mandatory term of
imprisonment.
(d) (1)
Persons sentenced for crimes, other than off-grid crimes, committed on or after
July 1, 1993, or persons subject to subparagraph (G), will not be eligible for
parole, but will be released to a mandatory period of postrelease supervision
upon completion of the prison portion of their sentence as follows:
(A) Except
as provided in subparagraphs (D) and (E), persons sentenced for nondrug
severity level 1 through 4 crimes and drug severity levels 1 and 2 crimes must
serve 36 months, plus the amount of good time and program credit earned and
retained pursuant to K.S.A. 21-4722 and amendments thereto, on postrelease
supervision.
(B) Except
as provided in subparagraphs (D) and (E), persons sentenced for nondrug
severity levels 5 and 6 crimes and drug severity level 3 crimes must serve 24
months, plus the amount of good time and program credit earned and retained
pursuant to K.S.A. 21-4722, and amendments thereto, on postrelease supervision.
(C) Except
as provided in subparagraphs (D) and (E), persons sentenced for nondrug
severity level 7 through 10 crimes and drug severity level 4 crimes must serve
12 months, plus the amount of good time and program credit earned and retained
pursuant to K.S.A. 21-4722 and amendments thereto, on postrelease supervision.
(D) (i) The
sentencing judge shall impose the postrelease supervision period provided in
subparagraph (d)(1)(A), (d)(1)(B) or (d)(1)(C), unless the judge finds
substantial and compelling reasons to impose a departure based upon a finding
that the current crime of conviction was
sexually motivated. In that event, departure may be imposed
to extend the postrelease supervision to a period of up to 60 months.
(ii) If the
sentencing judge departs from the presumptive postrelease supervision period,
the judge shall state on the record at the time of sentencing the substantial
and compelling reasons for the departure.
Departures in this section are subject to appeal pursuant to K.S.A.
21-4721 and amendments thereto.
(iii) In
determining whether substantial and compelling reasons exist, the court shall
consider:
(a) Written
briefs or oral arguments submitted by either the defendant or the state;
(b) any
evidence received during the proceeding;
(c) the
presentence report, the victim’s impact statement and any psychological
evaluation as ordered by the court pursuant to subsection
(e) of
K.S.A. 21-4714 and amendments thereto; and
(d) any
other evidence the court finds trustworthy and reliable.
(iv) The
sentencing judge may order that a psychological evaluation be prepared and the
recommended programming be completed by the offender. The department of corrections or the parole
board shall ensure that court ordered sex offender treatment be carried out.
(v) In
carrying out the provisions of subparagraph (d)(1)(D), the court shall refer to
K.S.A. 21-4718 and amendments thereto.
(vi) Upon
petition, the parole board may provide for early discharge from the postrelease
supervision period upon completion of court ordered programs and completion of
the presumptive postrelease supervision period, as determined by the crime of
conviction, pursuant to subparagraph (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from postrelease supervision
is at the discretion of the parole board.
(vii)
Persons convicted of crimes deemed sexually violent or sexually motivated,
shall be registered according to the offender registration act, K.S.A. 22-4901
through 22-4910 and amendments thereto.
(viii)
Persons convicted of K.S.A. 21-3510 or 21-3511, and amendments thereto, shall
be required to participate in a treatment program for sex offenders during the
postrelease supervision period.
(E) The
period of postrelease supervision provided in subparagraphs (A) and (B) may be
reduced by up to 12 months and the period of postrelease supervision provided
in subparagraph (C) may be reduced by up to six months based on the offender’s
compliance with conditions of supervision and overall performance while on
postrelease supervision. The reduction
in the supervision period shall be on an earned basis pursuant to rules and
regulations adopted by the secretary of corrections.
(F) In
cases where sentences for crimes from more than one severity level have been
imposed, the offender shall serve the longest period of postrelease supervision
as provided by this section available for any crime upon which sentence was
imposed irrespective of the severity level of the crime. Supervision periods will not aggregate.
(G) Except
as provided in subsection (u), persons convicted of a sexually violent crime
committed on or after July 1, 2006, and who are released from prison, shall be
released to a mandatory period of postrelease supervision for the duration of
the person’s natural life.
(2) As used
in this section, ‘‘sexually violent crime’’ means:
(A) Rape,
K.S.A. 21-3502, and amendments thereto;
(B)
indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C)
aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;
(D)
criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;
(E)
aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
(F)
indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated
indecent solicitation of a child, K.S.A. 21-3511, and amendments thereto;
(H) sexual
exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I)
aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J)
aggravated incest, K.S.A. 21-3603, and amendments thereto; or
(K) an
attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301,
21-3302 or 21-3303, and amendments thereto, of a sexually violent crime as
defined in this section. Sexually
motivated’’ means that one of the purposes for which the defendant committed
the crime was for the purpose of the defendant’s sexual gratification.
(e) If an
inmate is sentenced to imprisonment for a crime committed while on parole or
conditional release, the inmate shall be eligible for parole as provided by
subsection (c), except that the Kansas parole board may postpone the inmate’s
parole eligibility date by assessing a penalty not exceeding the period of time
which could have been assessed if the inmate’s parole or conditional release
had been violated for reasons other than conviction of a crime.
(f) If a
person is sentenced to prison for a crime committed on or after July 1, 1993,
while on probation, parole, conditional release or in a community corrections
program, for a crime committed prior to July 1, 1993, and the person is not
eligible for retroactive application of the sentencing guidelines and
amendments thereto pursuant to K.S.A. 21- 4724 and amendments thereto, the new
sentence shall not be aggregated with the old sentence, but shall begin when
the person is paroled or reaches the conditional release date on the old
sentence. If the offender was past the
offender’s conditional release date at the time the new offense was committed,
the new sentence shall not be aggregated with the old sentence but shall begin
when the person is ordered released by the Kansas parole board or reaches the
maximum sentence expiration date on the old sentence, whichever is
earlier. The new sentence shall then be
served as otherwise provided by law. The
period of postrelease supervision shall be based on the new sentence, except
that those offenders whose old sentence is a term of imprisonment for life,
imposed pursuant to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
sentence with a maximum term of life imprisonment, for which there is no
conditional release or maximum sentence expiration date, shall remain on
postrelease supervision for life or until discharged from supervision by the
Kansas parole board.
(g) Subject
to the provisions of this section, the Kansas parole board may release on
parole those persons confined in institutions who are eligible for parole when:
(1) The board believes that the inmate should be released for hospitalization,
for deportation or to answer the warrant or other process of a court and is of
the opinion that there is reasonable probability that the inmate can be
released without detriment to the community or to the inmate; or (2) the
secretary of corrections has reported to the board in writing that the inmate
has satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a and amendments thereto, or any revision of such
agreement, and the board believes that the inmate is able and willing to fulfill
the obligations of a law abiding citizen and is of the opinion that there is
reasonable probability that the inmate can be released without detriment to the
community
or to the inmate.
Parole shall not be granted as an award of clemency and shall not be
considered a reduction of sentence or a pardon.
(h) The
Kansas parole board shall hold a parole hearing at least the month prior to the
month an inmate will be eligible for parole under subsections (a), (b) and
(c). At least the month preceding the parole
hearing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public comment
sessions for the inmate 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 family if the family’s address is known to the county
or district attorney. Except as
otherwise provided, failure to notify pursuant to this section shall not be a
reason to postpone a parole hearing. In
the case of any inmate convicted of an off-grid felony or a class A felony the
secretary of corrections shall give written notice of the time and place of the
public comment session for such inmate at least one month preceding the public
comment session to any victim of such inmate’s crime or the victim’s family
pursuant to K.S.A. 74-7338 and amendments thereto. If notification is not given to such victim
or such victim’s family in the case of any inmate convicted of an off-grid
felony or a class A felony, the board shall postpone a decision on parole of
the inmate to a time at least 30 days after notification is given as provided
in this section. Nothing in this section
shall create a cause of action against the state or an employee of the state
acting within the scope of the employee’s employment as a result of the failure
to notify pursuant to this section. If
granted parole, the inmate may be released on parole on the date specified by
the board, but not earlier than the date the inmate is eligible for parole
under subsections (a), (b) and (c). At
each parole hearing and, if parole is not granted, at such intervals thereafter
as it determines appropriate, the Kansas parole board shall consider: (1)
Whether the inmate has satisfactorily completed the programs required by any
agreement entered under K.S.A. 75-5210a and amendments thereto, or any revision
of such agreement; and (2) all pertinent information regarding such inmate,
including, but not limited to, the circumstances of the offense of the inmate;
the presentence report; the previous social history and criminal record of the
inmate; the conduct, employment, and attitude of the inmate in prison; the
reports of such physical and mental examinations including, but not limited to,
risk factors revealed by any risk assessment of the inmate; as have been made;
comments of the victim and the victim’s family including in person comments,
contemporaneous comments and prerecorded comments made by any technological
means; comments of the public; official comments; any recommendation by the
staff of the facility where the inmate is incarcerated; proportionality of the
time the inmate has served to the sentence a person would receive under the
Kansas sentencing guidelines for the conduct that resulted in the inmate’s
incarceration; and capacity of state correctional institutions.
(i) In
those cases involving inmates sentenced for a crime committed after July 1,
1993, the parole board will review the inmates proposed release plan. The board may schedule a hearing if they
desire. The board may impose any
condition they deem necessary to insure public safety, aid in the reintegration
of the inmate into the community, or items not completed under the agreement
entered into under K.S.A. 75-5210a and amendments thereto. The board may not advance or delay an
inmate’s release date. Every inmate
while on postrelease supervision shall remain in the legal custody of the
secretary of corrections and is subject to the orders of the secretary.
(j) Before
ordering the parole of any inmate, the Kansas parole board shall have the
inmate appear before either in person or via a video conferencing format and
shall interview the inmate unless impractical because of the inmate’s physical
or mental condition or absence from the institution. Every inmate while on parole shall remain in
the legal custody of the secretary of corrections and is subject to the orders
of the secretary. Whenever the Kansas
parole board formally considers placing an inmate on parole and no agreement
has been entered into with the inmate under K.S.A. 75-5210a and amendments
thereto, the board shall notify the inmate in writing of the reasons for not
granting parole. If an agreement has
been entered under K.S.A. 75-5210a and amendments thereto and the inmate has
not satisfactorily completed the programs specified in the agreement, or any
revision of such agreement, the board shall notify the inmate in writing of the
specific programs the inmate must satisfactorily complete before parole will be
granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board shall
grant parole upon the secretary’s certification that the inmate has successfully
completed such programs. If an agreement
has been entered under K.S.A. 75-5210a and amendments thereto and the secretary
of corrections has reported to the board in writing that the inmate has
satisfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program
participation. However, if the board
determines that other pertinent information regarding the inmate warrants the
inmate’s not being released on parole, the board shall state in writing the
reasons for not granting the parole.
If parole is denied for an inmate
sentenced for a crime other than a class A or class B felony or an off-grid
felony, the board shall hold another parole hearing for the inmate not later
than one year after the denial unless the parole board finds that it is not
reasonable to expect that parole would be granted at a hearing if held in the
next three years or during the interim period of a deferral. In such case, the parole board may defer
subsequent parole hearings for up to three years but any such deferral by the
board shall require the board to state the basis for its findings. If parole is denied for an inmate sentenced
for a class A or class B felony or an off-grid felony, the board shall hold another
parole hearing for the inmate not later than three years after the denial
unless the parole board finds that it is not reasonable to expect that parole
would be granted at a hearing if held in the next 10 years or during the
interim period of a deferral. In such
case, the parole board may defer subsequent parole hearings for up to 10 years
but any such deferral shall require the board to state the basis for its
findings.
(k)
Parolees and persons on postrelease supervision shall be assigned, upon
release, to the appropriate level of supervision pursuant to the criteria
established by the secretary of corrections.
(l) The
Kansas parole board shall adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amendments thereto, not inconsistent with the law and as it
may deem proper or necessary, with respect to the conduct of parole hearings,
postrelease supervision reviews, revocation hearings, orders of restitution,
reimbursement of expenditures by the state board of indigents’ defense services
and other conditions to be imposed upon parolees or releasees. Whenever an order for parole or postrelease
supervision is issued it shall recite the conditions thereof.
(m)
Whenever the Kansas parole board orders the parole of an inmate or establishes
conditions for an inmate placed on postrelease supervision, the board:
(1) Unless
it finds compelling circumstances which would render a plan of payment
unworkable, shall order as a condition of parole or postrelease supervision
that the parolee or the person on postrelease supervision pay any
transportation expenses resulting from returning the parolee or the person on
postrelease supervision to this state to answer criminal charges or a warrant
for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease
supervision;
(2) to the
extent practicable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision make
progress towards or successfully complete the equivalent of a secondary
education if the inmate has not previously completed such educational
equivalent and is capable of doing so;
(3) may
order that the parolee or person on postrelease supervision perform community
or public service work for local governmental agencies, private corporations
organized not-for-profit or charitable or social service organizations
performing services for the community;
(4) may
order the parolee or person on postrelease supervision to pay the
administrative fee imposed pursuant to K.S.A. 2001 Supp. 22-4529, and
amendments thereto, unless the board finds compelling circumstances which would
render payment unworkable; and
(5) unless
it finds compelling circumstances which would render a plan of payment unworkable,
shall order that the parolee or person on postrelease supervision reimburse the
state for all or part of the expenditures by the state board of indigents’
defense services to provide counsel and other defense services to the person. In determining the amount and method of
payment of such sum, the parole board shall take account of the financial
resources of the person and the nature of the burden that the payment of such
sum will impose. Such amount shall not
exceed 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, minus any previous payments for such
services.
(n) If the
court which sentenced an inmate specified at the time of sentencing the amount
and the recipient of any restitution ordered as a condition of parole or
postrelease supervision, the Kansas parole board shall order as a condition of
parole or postrelease supervision that the inmate pay restitution in the amount
and manner provided in the journal entry unless the board finds compelling
circumstances which would render a plan of restitution unworkable.
(o)
Whenever the Kansas parole board grants the parole of an inmate, the board,
within 10 days of the date of the decision to grant parole, shall give written
notice of the decision to the county or district attorney of the county where
the inmate was sentenced.
(p) When an
inmate is to be released on postrelease supervision, the secretary, within 30
days prior to release, shall provide the county or district attorney of the
county where the inmate was sentenced written notice of the release date.
(q) Inmates
shall be released on postrelease supervision upon the termination of the prison
portion of their sentence. Time served
while on postrelease supervision will vest.
(r) An
inmate who is allocated regular good time credits as provided in K.S.A. 22-3725
and amendments thereto may receive meritorious good time credits in increments
of not more than 90 days per meritorious act.
These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the assistance
of another person in a life threatening situation, preventing injury or death
to a person, preventing the destruction of property or taking actions which
result in a financial savings to the state.
(s) The
provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and (d)(1)(E) shall
be applied retroactively as provided in subsection (t).
(t) For
offenders sentenced prior to the effective date of this act who are eligible
for modification of their postrelease supervision obligation, the department of
corrections shall modify the period of postrelease supervision as provided for
by this section for offenders convicted of severity level 9 and 10 crimes on
the sentencing guidelines grid for nondrug crimes and severity level 4 crimes
on the sentencing guidelines grid for drug crimes on or before September 1,
2000; for offenders convicted of severity level 7 and 8 crimes on the
sentencing guidelines grid for nondrug crimes on or before November 1, 2000;
and for offenders convicted of severity level 5 and 6 crimes on the sentencing
guidelines grid for nondrug crimes and severity level 3 crimes on the
sentencing guidelines grid for drug crimes on or before January 1, 2001.
(u) An
inmate sentenced to imprisonment pursuant to section 2 [of 2006 HB 2576], and
amendments thereto, for crimes committed on or after July 1, 2006, shall be
placed on parole for life and shall not be discharged from supervision by the
Kansas parole board. When the board
orders the parole of an inmate pursuant to this subsection, the board shall
order as a condition of parole that the inmate be electronically monitored for
the duration of the inmate’s natural life.
(v)
Whenever the Kansas parole board or the court orders a person to be
electronically monitored, the board or court shall order the person to
reimburse the state for all or part of the cost of such monitoring. In determining the amount and method of
payment of such sum, the board or court shall take account of the financial
resources of the person and the nature of the burden that the payment of such
sum will impose.
History: L. 1970, ch.
129, § 22-3717; L. 1972, ch. 317, § 90; L. 1973, ch. 339, § 88; L. 1974, ch.
403, § 10; L. 1975, ch. 203, § 1; L. 1976, ch. 168, § 2; L. 1978, ch. 120, §
13; L. 1979, ch. 94, § 2; L. 1981, ch. 156, § 1; L. 1982, ch. 137, § 3; L.
1982, ch. 150, § 2; L. 1983, ch. 116, § 1; L. 1984, ch. 131, § 1; L. 1985, ch.
111, § 2; L. 1986, ch. 128, § 3; L. 1986, ch. 123, § 25; L. 1986, ch. 136, § 3;
L. 1987, ch. 118, § 1; L. 1988, ch. 115, § 1; L. 1989, ch. 103, § 1; L. 1990,
ch. 99, § 13; L. 1990, ch. 113, § 2; L. 1991, ch. 94, § 1; L. 1992, ch. 239, §
270; L. 1993, ch. 253, § 11; L. 1993, ch. 291, § 281; L. 1994, ch. 21, § 1; L.
1994, ch. 341, § 13; L. 1995, ch. 121, § 4; L. 1996, ch. 158, § 8; L. 1996, ch.
267, § 15; L. 1997, ch. 23, § 5; L. 1997, ch. 181, § 20; L. 1998, ch. 186, § 3;
L. 1999, ch. 164, § 20; L. 2000, ch. 182, § 9; L. 2001, ch. 200, § 15; L. 2002,
ch. 163, § 5; L. 2004, ch. 102, § 5; L. 2006, ch. 212, § 19; L. 2007, ch. 197,
§ 4; L. 2008, ch. 116, § 1; July 1.
22-3718.
Conditional release; notice.
Upon
release, an inmate who has served the inmate's maximum term or terms, less such
work and good behavior credits as have been earned, shall be subject to such
written rules and conditions as the Kansas parole board may impose, until the
expiration of the maximum term or terms for which the inmate was sentenced or
until the inmate is otherwise discharged. If the court which sentenced an
inmate specified at the time of sentencing the amount and the recipient of any
restitution ordered as a condition of release pursuant to this section, the
parole board may set aside restitution as a condition of release payment of
restitution, if the board finds compelling circumstances which would render a
plan of restitution unworkable. If the court which sentenced an inmate
specified reimbursement of all or part of the expenditures by the state board
of indigents' defense services as a condition of release, the parole board may
set aside such reimbursement, if the board finds compelling circumstances which
would render a plan of reimbursement unworkable. Prior to the release of any
inmate on parole, conditional release or expiration of sentence, if an inmate
is released into the community under a program under the supervision of the
secretary of corrections, the secretary shall give written notice of such
release to any victim or victim's family as provided in K.S.A. 22-3727, and
amendments thereto.
History: L. 1970, ch.
129, § 22-3718; L. 1972, ch. 317, § 91; L. 1986, ch. 128, § 4; L. 1989, ch.
103, § 2; L. 1993, ch. 166, § 8; L. 1995, ch. 257, § 4; L. 1997, ch. 23, § 6;
L. 1997, ch. 181, § 21; July 1.
22-3719.
Information from correctional institution officials.
It shall be
the duty of all correctional institution officials to grant to the members of
the Kansas parole board, or its properly accredited representatives, access at
all reasonable times to any inmate, to provide for the parole board or such
representative facilities for communicating with and observing such inmate, and
to furnish to the parole board such reports as the parole board shall require
concerning the conduct and character of any inmate in their custody and any
other facts deemed by the parole board to be pertinent in determining any issue
before the parole board.
History: L. 1970, ch.
129, § 22-3719; L. 1972, ch. 317, § 92; L. 1973, ch. 339, § 66; L. 1990, ch.
309, § 20; May 24.
The Kansas
parole board shall have power to issue subpoenas requiring the attendance of
any witnesses and the production of any records, books, papers and documents
that it considers necessary for the investigation of the issues before it.
Subpoenas may be signed and oaths administered by any member of the parole
board. Subpoenas so issued may be served by any law enforcement officer, in the
same manner as similar process in the district court. Any person who testifies
falsely, fails to appear when subpoenaed or fails or refuses to produce
material pursuant to the subpoena shall be subject to the same orders and
penalties to which a person before a court is subject. Any district court of
this state, upon application of the parole board, may in its discretion compel
the attendance of witnesses, the production of material and the giving of
testimony before the parole board, by an attachment for contempt or otherwise
in the same manner as production of evidence may be compelled before the
district court.
History: L. 1970, ch.
129, § 22-3720; L. 1972, ch. 317, § 93; L. 1973, ch. 339, § 67; L. 1984, ch.
112, § 10; L. 1990, ch. 309, § 21; May 24.
22-3722.
Service on parole, conditional release and postrelease supervision; discharge;
restoration of civil rights.
The period
served on parole or conditional release shall be deemed service of the term of
confinement, and, subject to the provisions contained in K.S.A. 75-5217 and
amendments thereto relating to an inmate who is a fugitive from or has fled
from justice, the total time served may not exceed the maximum term or
sentence. The period served on postrelease supervision shall vest in and be
subject to the provisions contained in K.S.A. 75-5217 and amendments thereto
relating to an inmate who is a fugitive from or has fled from justice. The
total time served shall not exceed the postrelease supervision period established
at sentencing.
When an
inmate on parole or conditional release has performed the obligations of the
release for such time as shall satisfy the Kansas parole board that final
release is not incompatible with the best interest of society and the welfare
of the individual, the parole board may make a final order of discharge and
issue a certificate of discharge to the inmate but no such order of discharge
shall be made in any case within a period of less than one year after the date
of release except where the sentence expires earlier thereto. When an inmate
has reached the end of the postrelease supervision period, the parole board
shall issue a certificate of discharge to the releasee. Such discharge, and the
discharge of an inmate who has served the inmate's term of imprisonment, shall
have the effect of restoring all civil rights lost by operation of law upon
commitment, and the certification of discharge shall so state. Nothing herein
contained shall be held to impair the power of the governor to grant a pardon
or commutation of sentence in any case.
History: L. 1970, ch.
129, § 22-3722; L. 1972, ch. 317, § 95; L. 1973, ch. 339, § 68; L. 1990, ch.
309, § 22; L. 1992, ch. 239, § 271; July 1, 1993.
22-3723.
Transfer of offenders under treaties.
Whenever a
treaty is in force between the United States and a foreign country providing
for the transfer of offenders between the United States and such foreign
country, the governor is authorized to give the approval of the state of Kansas
to a transfer as provided in the treaty, upon the application of a person under
the jurisdiction of the secretary of corrections or the secretary of social and
rehabilitation services.
History: L. 1980, ch.
258, § 1; July 1.
22-3725.
Good time credits, crimes committed prior to July 1, 1993.
(a) Except
as otherwise provided for crimes committed by inmates on or after July 1, 1993,
for the purpose of determining an inmate's eligibility for parole or
conditional release, regardless of when the inmate was sentenced or committed
the crime for which sentenced, good time credits shall be allocated as follows:
GOOD TIME TABLE (Assumed 360-Day Years, 30-Day Months)
|
SENTENCE Minimum (or) Maximum |
GOOD TIME EARNED |
|
MUST SERVE |
|
|
|
|
|
|
|
|
|
Years |
Months |
Years |
Months |
|
1 |
0 |
4 |
0 |
8 |
|
2 |
1 |
0 |
1 |
0 |
|
3 |
1 |
6 |
1 |
6 |
|
4 |
2 |
0 |
2 |
0 |
|
5 |
2 |
6 |
2 |
6 |
|
6 |
3 |
0 |
3 |
0 |
|
7 |
3 |
6 |
3 |
6 |
|
8 |
4 |
0 |
4 |
0 |
|
9 |
4 |
6 |
4 |
6 |
|
10 |
5 |
0 |
5 |
0 |
|
11 |
5 |
6 |
5 |
6 |
|
12 |
6 |
0 |
6 |
0 |
|
13 |
6 |
6 |
6 |
6 |
|
14 |
7 |
0 |
7 |
0 |
|
15 |
7 |