HB 2049--Am.
As Amended by House Committee
Session of 1997
By Committee on Judiciary

10 AN ACT concerning crimes and punishment; relating to authorized dis- 11 positions; concerning county defense costs; amending K.S.A. 1996 12 Supp. 21-4603d and repealing the existing section. 13 14 Be it enacted by the Legislature of the State of Kansas: 15 Section 1. K.S.A. 1996 Supp. 21-4603d is hereby amended to read 16 as follows: 21-4603d. (a) Whenever any person has been found guilty of 17 a crime, the court may adjudge any of the following: 18 (1) Commit the defendant to the custody of the secretary of correc- 19 tions if the current crime of conviction is a felony and the sentence pre- 20 sumes imprisonment, or the sentence imposed is a dispositional departure 21 to imprisonment; or, if confinement is for a misdemeanor, to jail for the 22 term provided by law; 23 (2) impose the fine applicable to the offense; 24 (3) release the defendant on probation if the current crime of con- 25 viction and criminal history fall within a presumptive nonprison category 26 or through a departure for substantial and compelling reasons subject to 27 such conditions as the court may deem appropriate. In felony cases except 28 for violations of K.S.A. 8-1567 and amendments thereto, the court may 29 include confinement in a county jail not to exceed 30 days, which need 30 not be served consecutively, as a condition of probation or community 31 corrections placement; 32 (4) assign the defendant to a community correctional services pro- 33 gram in presumptive nonprison cases or through a departure for substan- 34 tial and compelling reasons subject to such conditions as the court may 35 deem appropriate, including orders requiring full or partial restitution; 36 (5) assign the defendant to a conservation camp for a period not to 37 exceed 180 days as a condition of probation followed by a 180-day period 38 of follow-up through adult intensive supervision by a community correc- 39 tional services program, if the offender successfully completes the con- 40 servation camp program. If the defendant was classified in grid blocks 3- 41 G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court 42 may impose a nonprison sanction on the condition that the offender com- 43 plete the program at the Labette correctional conservation camp. Such a HB 2049--Am.

 1  placement decision shall not be considered a departure and shall not be
 2  subject to appeal;
 3    (6)  assign the defendant to a house arrest program pursuant to K.S.A.
 4  21-4603b and amendments thereto;
 5    (7)  order the defendant to attend and satisfactorily complete an al-
 6  cohol or drug education or training program as provided by subsection
 7    (3) of K.S.A. 21-4502 and amendments thereto;
 8    (8)  order the defendant to repay the amount of any reward paid by
 9  any crime stoppers chapter, individual, corporation or public entity which
10  materially aided in the apprehension or conviction of the defendant; or
11  repay the amount of any public funds utilized by a law enforcement
12  agency to purchase controlled substances from the defendant during the
13  investigation which leads to the defendant's conviction. Such repayment
14  of the amount of any public funds utilized by a law enforcement agency
15  shall be deposited and credited to the same fund from which the public
16  funds were credited to prior to use by the law enforcement agency;
17    (9)  impose any appropriate combination of (1), (2), (3), (4), (5), (6),
18    (7) and (8); or
19    (10)  suspend imposition of sentence in misdemeanor cases.
20    In addition to or in lieu of any of the above, the court shall order the
21  defendant to pay restitution, which shall include, but not be limited to,
22  damage or loss caused by the defendant's crime, unless the court finds
23  compelling circumstances which would render a plan of restitution un-
24  workable. If the court finds a plan of restitution unworkable, the court
25  shall state on the record in detail the reasons therefor.
26    If the court orders restitution, the restitution shall be a judgment
27  against the defendant which may be collected by the court by garnishment
28  or other execution as on judgments in civil cases. If, after 60 days from
29  the date restitution is ordered by the court, a defendant is found to be in
30  noncompliance with the plan established by the court for payment of
31  restitution, and the victim to whom restitution is ordered paid has not
32  initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
33  amendments thereto, the court shall assign an agent procured by the
34  attorney general pursuant to K.S.A. 1996 Supp. 75-719 and amendments
35  thereto to collect the restitution on behalf of the victim. The administra-
36  tive judge of each judicial district may assign such cases to an appropriate
37  division of the court for the conduct of civil collection proceedings.
38    In addition to or in lieu of any of the above, the court shall order the
39  defendant to submit to and complete an alcohol and drug evaluation, and
40  pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
41  and amendments thereto.
42    In addition to any of the above, the court shall order the defendant to
43  reimburse the county general fund for all or a part of the expenditures by
HB 2049--Am.

 1  the county to provide counsel and other defense services to the defendant.
 2  Any such reimbursement to the county shall be paid only after any
 3  order for restitution has been paid in full. In determining the amount
 4  and method of payment of such sum, the court shall take account of the
 5  financial resources of the defendant and the nature of the burden that
 6  payment of such sum will impose. A defendant who has been required to
 7  pay such sum and who is not willfully in default in the payment thereof
 8  may at any time petition the court which sentenced the defendant to waive
 9  payment of such sum or any unpaid portion thereof. If it appears to the
10  satisfaction of the court that payment of the amount due will impose
11  manifest hardship on the defendant or the defendant's immediate family,
12  the court may waive payment of all or part of the amount due or modify
13  the method of payment.
14    In imposing a fine the court may authorize the payment thereof in
15  installments. In releasing a defendant on probation, the court shall direct
16  that the defendant be under the supervision of a court services officer. If
17  the court commits the defendant to the custody of the secretary of cor-
18  rections or to jail, the court may specify in its order the amount of res-
19  titution to be paid and the person to whom it shall be paid if restitution
20  is later ordered as a condition of parole or conditional release.
21    When a new felony is committed while the offender is incarcerated
22  and serving a sentence for a felony or while the offender is on probation,
23  assignment to a community correctional services program, parole, con-
24  ditional release, or postrelease supervision for a felony, a new sentence
25  shall be imposed pursuant to the consecutive sentencing requirements of
26  K.S.A. 21-4608, and amendments thereto, and the court may sentence
27  the offender to imprisonment for the new conviction, even when the new
28  crime of conviction otherwise presumes a nonprison sentence. In this
29  event, imposition of a prison sentence for the new crime does not con-
30  stitute a departure.
31    Prior to imposing a dispositional departure for a defendant whose of-
32  fense is classified in the presumptive nonprison grid block of either sen-
33  tencing guideline grid, prior to sentencing a defendant to incarceration
34  whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
35  guidelines grid for nondrug crimes, or prior to revocation of a nonprison
36  sanction of a defendant whose offense is classified in the presumptive
37  nonprison grid block of either sentencing guideline grid or grid blocks 5-
38  H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the
39  court shall consider placement of the defendant in the Labette correc-
40  tional conservation camp. Pursuant to this paragraph the defendant shall
41  not be sentenced to imprisonment if space is available in the conservation
42  camp and the defendant meets all of the conservation camp's placement
43  criteria unless the court states on the record the reasons for not placing
HB 2049--Am.

 1  the defendant in the conservation camp.
 2    The court in committing a defendant to the custody of the secretary of
 3  corrections shall fix a term of confinement within the limits provided by
 4  law. In those cases where the law does not fix a term of confinement for
 5  the crime for which the defendant was convicted, the court shall fix the
 6  term of such confinement.
 7    (b)  Dispositions which do not involve commitment to the custody of
 8  the secretary of corrections shall not entail the loss by the defendant of
 9  any civil rights.
10    (c)  This section shall not deprive the court of any authority conferred
11  by any other Kansas statute to decree a forfeiture of property, suspend
12  or cancel a license, remove a person from office, or impose any other civil
13  penalty as a result of conviction of crime.
14    (d)  An application for or acceptance of probation or assignment to a
15  community correctional services program shall not constitute an acqui-
16  escence in the judgment for purpose of appeal, and any convicted person
17  may appeal from such conviction, as provided by law, without regard to
18  whether such person has applied for probation, suspended sentence or
19  assignment to a community correctional services program.
20    (e)  The secretary of corrections is authorized to make direct place-
21  ment to the Labette correctional conservation camp of an inmate sen-
22  tenced to the secretary's custody if the inmate: (1) Has been sentenced
23  to the secretary for a probation revocation or as a departure from the
24  presumptive nonimprisonment grid block of either sentencing grid; and
25    (2) otherwise meets admission criteria of the camp. If the inmate suc-
26  cessfully completes the 180-day conservation camp program, the secre-
27  tary of corrections shall report such completion to the sentencing court
28  and the county or district attorney. The inmate shall then be assigned by
29  the court to 180 days of follow-up supervision conducted by the appro-
30  priate community corrections services program. The court may also order
31  that supervision continue thereafter for the length of time authorized by
32  K.S.A. 21-4611 and amendments thereto.
33    (f)  When it is provided by law that a person shall be sentenced pur-
34  suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
35  this section shall not apply.
36    Sec. 2.  K.S.A. 1996 Supp. 21-4603d is hereby repealed.
37    Sec. 3.  This act shall take effect and be in force from and after its
38  publication in the statute book.