Session of 1997
HOUSE BILL No. 2274
By Representative Vickrey
9 AN ACT concerning criminal procedure; relating to notice of a parole
10 hearing; amending K.S.A. 1996 Supp. 22-3717 and repealing the ex-
11 isting section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1996 Supp. 22-3717 is hereby amended to read as
15 follows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
16 1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
17 4638 and amendments thereto, an inmate, including an inmate sentenced
18 pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
19 parole after serving the entire minimum sentence imposed by the court,
20 less good time credits.
21 (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
22 amendments thereto, an inmate sentenced to imprisonment for the crime
23 of capital murder, or an inmate sentenced for the crime of murder in the
24 first degree based upon a finding of premeditated murder, committed on
25 or after July 1, 1994, shall be eligible for parole after serving 25 years of
26 confinement, without deduction of any good time credits.
27 (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
28 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
29 and amendments thereto, an inmate sentenced to imprisonment for an
30 off-grid offense committed on or after July 1, 1993, shall be eligible for
31 parole after serving 15 years of confinement, without deduction of any
32 good time credits.
33 (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
34 repeal, an inmate sentenced for a class A felony committed before July
35 1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
36 amendments thereto, shall be eligible for parole after serving 15 years of
37 confinement, without deduction of any good time credits.
38 (4) An inmate sentenced to imprisonment for a violation of subsec-
39 tion (a) of K.S.A. 21-3402 and amendments thereto committed on or after
40 July 1, 1996, shall be eligible for parole after serving 10 years of confine-
41 ment without deduction of any good time credits.
42 (c) Except as provided in subsection (e), if an inmate is sentenced to
43 imprisonment for more than one crime and the sentences run consecu-
1 tively, the inmate shall be eligible for parole after serving the total of:
2 (1) The aggregate minimum sentences, as determined pursuant to
3 K.S.A. 21-4608 and amendments thereto, less good time credits for those
4 crimes which are not class A felonies; and
5 (2) an additional 15 years, without deduction of good time credits,
6 for each crime which is a class A felony.
7 (d) (1) Persons sentenced for crimes, other than off-grid crimes,
8 committed on or after July 1, 1993, will not be eligible for parole, but will
9 be released to a mandatory period of postrelease supervision upon com-
10 pletion of the prison portion of their sentence as follows:
11 (A) Except as provided in subparagraphs (C) and (D), persons sen-
12 tenced for nondrug severity level 1 through 6 crimes and drug severity
13 levels 1 through 3 crimes must serve 36 months, plus the amount of good
14 time earned and retained pursuant to K.S.A. 21-4722 and amendments
15 thereto, on postrelease supervision.
16 (B) Except as provided in subparagraphs (C) and (D), persons sen-
17 tenced for nondrug severity level 7 through 10 crimes and drug severity
18 level 4 crimes must serve 24 months, plus the amount of good time earned
19 and retained pursuant to K.S.A. 21-4722 and amendments thereto, on
20 postrelease supervision.
21 (C) (i) The sentencing judge shall impose the postrelease supervision
22 period provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge
23 finds substantial and compelling reasons to impose a departure based
24 upon a finding that the current crime of conviction was sexually violent
25 or sexually motivated. In that event, departure may be imposed to extend
26 the postrelease supervision to a period of up to 60 months.
27 (ii) If the sentencing judge departs from the presumptive postrelease
28 supervision period, the judge shall state on the record at the time of
29 sentencing the substantial and compelling reasons for the departure. De-
30 partures in this section are subject to appeal pursuant to K.S.A. 21-4721
31 and amendments thereto.
32 (iii) In determining whether substantial and compelling reasons exist,
33 the court shall consider:
34 (a) Written briefs or oral arguments submitted by either the defen-
35 dant or the state;
36 (b) any evidence received during the proceeding;
37 (c) the presentence report, the victim's impact statement and any
38 psychological evaluation as ordered by the court pursuant to subsection
39 (e) of K.S.A. 21-4714 and amendments thereto; and
40 (d) any other evidence the court finds trustworthy and reliable.
41 (iv) The sentencing judge may order that a psychological evaluation
42 be prepared and the recommended programming be completed by the
43 offender. The department of corrections or the parole board shall ensure
1 that court ordered sex offender treatment be carried out.
2 (v) In carrying out the provisions of subparagraph (d)(1)(C), the court
3 shall refer to K.S.A. 21-4718 and amendments thereto.
4 (vi) Upon petition, the parole board may provide for early discharge
5 from the postrelease supervision period upon completion of court or-
6 dered programs and completion of the presumptive postrelease super-
7 vision period, as determined by the crime of conviction, pursuant to sub-
8 paragraph (d)(1)(A) or (B). Early discharge from postrelease supervision
9 is at the discretion of the parole board.
10 (vii) Persons convicted of crimes deemed sexually violent or sexually
11 motivated, shall be registered according to the habitual sex offender reg-
12 istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
13 (D) The period of postrelease supervision provided in subparagraphs
14 (A) and (B) may be reduced by up to 12 months based on the offender's
15 compliance with conditions of supervision and overall performance while
16 on postrelease supervision. The reduction in the supervision period shall
17 be on an earned basis pursuant to rules and regulations adopted by the
18 secretary of corrections.
19 (E) In cases where sentences for crimes from more than one severity
20 level have been imposed, the highest severity level offense will dictate
21 the period of postrelease supervision. Supervision periods will not aggre-
23 (2) As used in this section, ``sexually violent crime'' means:
24 (A) Rape, K.S.A. 21-3502, and amendments thereto;
25 (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
27 (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
28 amendments thereto;
29 (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
30 and amendments thereto;
31 (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
33 (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
35 (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
36 amendments thereto;
37 (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
39 (I) aggravated sexual battery, K.S.A. 21-3518, and amendments
41 (J) any conviction for a felony offense in effect at any time prior to
42 the effective date of this act, that is comparable to a sexually violent crime
43 as defined in subparagraphs (A) through (I), or any federal or other state
1 conviction for a felony offense that under the laws of this state would be
2 a sexually violent crime as defined in this section;
3 (K) an attempt, conspiracy or criminal solicitation, as defined in
4 K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually
5 violent crime as defined in this section; or
6 (L) any act which at the time of sentencing for the offense has been
7 determined beyond a reasonable doubt to have been sexually motivated.
8 As used in this subparagraph, ``sexually motivated'' means that one of the
9 purposes for which the defendant committed the crime was for the pur-
10 pose of the defendant's sexual gratification.
11 (e) If an inmate is sentenced to imprisonment for a crime committed
12 while on parole or conditional release, the inmate shall be eligible for
13 parole as provided by subsection (c), except that the Kansas parole board
14 may postpone the inmate's parole eligibility date by assessing a penalty
15 not exceeding the period of time which could have been assessed if the
16 inmate's parole or conditional release had been violated for reasons other
17 than conviction of a crime.
18 (f) If a person is sentenced to prison for a crime committed on or
19 after July 1, 1993, while on probation, parole, conditional release or in a
20 community corrections program, for a crime committed prior to July 1,
21 1993, and the person is not eligible for retroactive application of the
22 sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
23 4724 and amendments thereto, the new sentence shall not be aggregated
24 with the old sentence, but shall begin when the person is paroled or
25 reaches the conditional release date on the old sentence. If the offender
26 was past the offender's conditional release date at the time the new of-
27 fense was committed, the new sentence shall not be aggregated with the
28 old sentence but shall begin when the person is ordered released by the
29 Kansas parole board or reaches the maximum sentence expiration date
30 on the old sentence, whichever is earlier. The new sentence shall then
31 be served as otherwise provided by law. The period of postrelease su-
32 pervision shall be based on the new sentence, except that those offenders
33 whose old sentence is a term of imprisonment for life, imposed pursuant
34 to K.S.A. 1993 Supp. 21-4628 prior to its repeal, or an indeterminate
35 sentence with a maximum term of life imprisonment, for which there is
36 no conditional release or maximum sentence expiration date, shall remain
37 on postrelease supervision for life or until discharged from supervision
38 by the Kansas parole board.
39 (g) Subject to the provisions of this section, the Kansas parole board
40 may release on parole those persons confined in institutions who are el-
41 igible for parole when: (1) The board believes that the inmate should be
42 released for hospitalization, for deportation or to answer the warrant or
43 other process of a court and is of the opinion that there is reasonable
1 probability that the inmate can be released without detriment to the com-
2 munity or to the inmate; or (2) the secretary of corrections has reported
3 to the board in writing that the inmate has satisfactorily completed the
4 programs required by any agreement entered under K.S.A. 75-5210a and
5 amendments thereto, or any revision of such agreement, and the board
6 believes that the inmate is able and willing to fulfill the obligations of a
7 law abiding citizen and is of the opinion that there is reasonable proba-
8 bility that the inmate can be released without detriment to the community
9 or to the inmate. Parole shall not be granted as an award of clemency and
10 shall not be considered a reduction of sentence or a pardon.
11 (h) (1) The Kansas parole board shall hold a parole hearing during
12 the month prior to the month an inmate will be eligible for parole under
13 subsections (a), (b) and (c).
14 (2) At least the month preceding the parole hearing, the county or
15 district attorney of the county where the inmate was convicted shall give
16 written notice of the time and place of the public comment sessions for
17 the inmate to any victim of the inmate's crime who is alive and whose
18 address is known to the county or district attorney or, if the victim is
19 deceased, to the victim's family if the family's address is known to the
20 county or district attorney. Except as otherwise provided, failure to notify
21 pursuant to this section shall not be a reason to postpone a parole hearing.
22 (3) In the case of any inmate convicted of a class A felony or an
23 attempt, as defined in K.S.A. 21-3301, and amendments thereto, to commit
24 capital murder, as defined in K.S.A. 21-3439, and amendments thereto;
25 murder in the first degree, as defined in K.S.A. 21-3401, and amendments
26 thereto; murder in the second degree, as defined in subsection (a) of K.S.A.
27 21-3402, and amendments thereto; any crime committed prior to July 1,
28 1993, which if committed after such date would constitute a severity level
29 1, 2, 3 or 4 felony on the sentencing guidelines grid for nondrug crimes;
30 or any crime committed prior to July 1, 1993, which if committed after
31 such date would constitute a severity level 5 felony on the sentencing
32 guidelines grid for nondrug crimes if the department of corrections has
33 reviewed such crime and determined the sentence is not eligible for con-
34 version, the secretary of corrections shall give written notice of the time
35 and place of the public comment session for such inmate at least one
36 month preceding the public comment session to any victim of such in-
37 mate's crime or the victim's family pursuant to K.S.A. 74-7338 and
38 amendments thereto. If notification is not given to such victim or such
39 victim's family in the case of any inmate convicted of
a class A felony an
40 offense listed in this paragraph, the board shall postpone a decision on
41 parole of the inmate to a time at least 30 days after notification is given
42 as provided in this section.
43 (4) Nothing in this section shall create a cause of action against the
1 state or an employee of the state acting within the scope of the employee's
2 employment as a result of the failure to notify pursuant to this section.
3 (5) If granted parole, the inmate may be released on parole on the
4 date specified by the board, but not earlier than the date the inmate is
5 eligible for parole under subsections (a), (b) and (c).
6 (6) At each parole hearing and, if parole is not granted, at such in-
7 tervals thereafter as it determines appropriate, the Kansas parole board
8 shall consider:
(1) (i) Whether the inmate has satisfactorily completed the programs
10 required by any agreement entered under K.S.A. 75-5210a and amend-
11 ments thereto, or any revision of such agreement; and
12 (2) (ii) all pertinent information regarding such inmate, including, but
13 not limited to, the circumstances of the offense of the inmate; the pre-
14 sentence report; the previous social history and criminal record of the
15 inmate; the conduct, employment, and attitude of the inmate in prison;
16 the reports of such physical and mental examinations as have been made;
17 comments of the victim and the victim's family; comments of the public;
18 official comments; and capacity of state correctional institutions.
19 (i) In those cases involving inmates sentenced for a crime committed
20 after July 1, 1993, the parole board will review the inmates proposed
21 release plan. The board may schedule a hearing if they desire. The board
22 may impose any condition they deem necessary to insure public safety,
23 aid in the reintegration of the inmate into the community, or items not
24 completed under the agreement entered into under K.S.A. 75-5210a and
25 amendments thereto. The board may not advance or delay an inmate's
26 release date. Every inmate while on postrelease supervision shall remain
27 in the legal custody of the secretary of corrections and is subject to the
28 orders of the secretary.
29 (j) Within a reasonable time after an inmate is committed to the cus-
30 tody of the secretary of corrections, a member of the Kansas parole board,
31 or a designee of the board, shall hold an initial informational hearing with
32 such inmate and other inmates.
33 (k) Before ordering the parole of any inmate, the Kansas parole board
34 shall have the inmate appear before it and shall interview the inmate
35 unless impractical because of the inmate's physical or mental condition
36 or absence from the institution. Every inmate while on parole shall remain
37 in the legal custody of the secretary of corrections and is subject to the
38 orders of the secretary. Whenever the Kansas parole board formally con-
39 siders placing an inmate on parole and no agreement has been entered
40 into with the inmate under K.S.A. 75-5210a and amendments thereto,
41 the board shall notify the inmate in writing of the reasons for not granting
42 parole. If an agreement has been entered under K.S.A. 75-5210a and
43 amendments thereto and the inmate has not satisfactorily completed the
1 programs specified in the agreement, or any revision of such agreement,
2 the board shall notify the inmate in writing of the specific programs the
3 inmate must satisfactorily complete before parole will be granted. If pa-
4 role is not granted only because of a failure to satisfactorily complete such
5 programs, the board shall grant parole upon the secretary's certification
6 that the inmate has successfully completed such programs. If an agree-
7 ment has been entered under K.S.A. 75-5210a and amendments thereto
8 and the secretary of corrections has reported to the board in writing that
9 the inmate has satisfactorily completed the programs required by such
10 agreement, or any revision thereof, the board shall not require further
11 program participation. However, if the board determines that other per-
12 tinent information regarding the inmate warrants the inmate's not being
13 released on parole, the board shall state in writing the reasons for not
14 granting the parole. If parole is denied for an inmate sentenced for a
15 crime other than a class A or class B felony or an off-grid felony, the
16 board shall hold another parole hearing for the inmate not later than one
17 year after the denial unless the parole board finds that it is not reasonable
18 to expect that parole would be granted at a hearing if held in the next
19 three years or during the interim period of a deferral. In such case, the
20 parole board may defer subsequent parole hearings for up to three years
21 but any such deferral by the board shall require the board to state the
22 basis for its findings. If parole is denied for an inmate sentenced for a
23 class A or class B felony or an off-grid felony, the board shall hold another
24 parole hearing for the inmate not later than three years after the denial
25 unless the parole board finds that it is not reasonable to expect that parole
26 would be granted at a hearing if held in the next 10 years or during the
27 interim period of a deferral. In such case, the parole board may defer
28 subsequent parole hearings for up to 10 years but any such deferral shall
29 require the board to state the basis for its findings.
30 (l) Parolees and persons on postrelease supervision shall be assigned,
31 upon release, to the appropriate level of supervision pursuant to the cri-
32 teria established by the secretary of corrections.
33 (m) The Kansas parole board shall adopt rules and regulations in
34 accordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
35 consistent with the law and as it may deem proper or necessary, with
36 respect to the conduct of parole hearings, postrelease supervision reviews,
37 revocation hearings, orders of restitution and other conditions to be im-
38 posed upon parolees or releasees. Whenever an order for parole or post-
39 release supervision is issued it shall recite the conditions thereof.
40 (n) Whenever the Kansas parole board orders the parole of an inmate
41 or establishes conditions for an inmate placed on postrelease supervision,
42 the board:
43 (1) Unless it finds compelling circumstances which would render a
1 plan of payment unworkable, shall order as a condition of parole or post-
2 release supervision that the parolee or the person on postrelease super-
3 vision pay any transportation expenses resulting from returning the pa-
4 rolee or the person on postrelease supervision to this state to answer
5 criminal charges or a warrant for a violation of a condition of probation,
6 assignment to a community correctional services program, parole, con-
7 ditional release or postrelease supervision;
8 (2) to the extent practicable, shall order as a condition of parole or
9 postrelease supervision that the parolee or the person on postrelease su-
10 pervision make progress towards or successfully complete the equivalent
11 of a secondary education if the inmate has not previously completed such
12 educational equivalent and is capable of doing so; and
13 (3) may order that the parolee or person on postrelease supervision
14 perform community or public service work for local governmental agen-
15 cies, private corporations organized not-for-profit or charitable or social
16 service organizations performing services for the community.
17 (o) If the court which sentenced an inmate specified at the time of
18 sentencing the amount and the recipient of any restitution ordered as a
19 condition of parole or postrelease supervision, the Kansas parole board
20 shall order as a condition of parole or postrelease supervision that the
21 inmate pay restitution in the amount and manner provided in the journal
22 entry unless the board finds compelling circumstances which would ren-
23 der a plan of restitution unworkable. If the parolee was sentenced before
24 July 1, 1986, and the court did not specify at the time of sentencing the
25 amount and the recipient of any restitution ordered as a condition of
26 parole, the parole board shall order as a condition of parole that the
27 parolee make restitution for the damage or loss caused by the parolee's
28 crime in an amount and manner determined by the board unless the
29 board finds compelling circumstances which would render a plan of res-
30 titution unworkable. If the parolee was sentenced on or after July 1, 1986,
31 and the court did not specify at the time of sentencing the amount and
32 the recipient of any restitution ordered as a condition of parole or post-
33 release supervision, the parole board shall not order restitution as a con-
34 dition of parole or postrelease supervision unless the board finds com-
35 pelling circumstances which justify such an order.
36 (p) Whenever the Kansas parole board grants the parole of an inmate,
37 the board, within 10 days of the date of the decision to grant parole, shall
38 give written notice of the decision to the county or district attorney of the
39 county where the inmate was sentenced.
40 (q) When an inmate is to be released on postrelease supervision, the
41 secretary, within 30 days prior to release, shall provide the county or
42 district attorney of the county where the inmate was sentenced written
43 notice of the release date.
1 (r) Inmates shall be released on postrelease supervision upon the ter-
2 mination of the prison portion of their sentence. Time served while on
3 postrelease supervision will vest.
4 (s) An inmate who is allocated regular good time credits as provided
5 in K.S.A. 22-3725 and amendments thereto may receive meritorious good
6 time credits in increments of not more than 90 days per meritorious act.
7 These credits may be awarded by the secretary of corrections when an
8 inmate has acted in a heroic or outstanding manner in coming to the
9 assistance of another person in a life threatening situation, preventing
10 injury or death to a person, preventing the destruction of property or
11 taking actions which result in a financial savings to the state.
12 Sec. 2. K.S.A. 1996 Supp. 22-3717 is hereby repealed.
13 Sec. 3. This act shall take effect and be in force from and after its
14 publication in the statute book.