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AN ACT concerning crimes, punishment and criminal procedure; relating to
     authorized dispositions; probation,
  jail term; presentence investigation report; amending K.S.A. 1996 Supp.
     21-4603d and 21-4714 and repealing
  the existing sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 21-4603d is hereby amended to read as follows:
     21-4603d. (a) Whenever any
person has been found guilty of a crime, the court may adjudge any of the
     following:
  (1)  Commit the defendant to the custody of the secretary of corrections if
     the current crime of conviction
is a felony and the sentence presumes imprisonment, or the sentence imposed is a
     dispositional departure to
imprisonment; or, if confinement is for a misdemeanor, to jail for the term
     provided by law;
  (2)  impose the fine applicable to the offense;
  (3)  release the defendant on probation if the current crime of conviction
     and criminal history fall within a
presumptive nonprison category or through a departure for substantial and
     compelling reasons subject to such
conditions as the court may deem appropriate. In felony cases except for
     violations of K.S.A. 8-1567 and amend-
ments thereto, the court may include confinement in a county jail not to exceed
     30 120 days, which need not
be served consecutively, as a condition of probation or community corrections
     placement;
  (4)  assign the defendant to a community correctional services program in
     presumptive nonprison cases or
through a departure for substantial and compelling reasons subject to such
     conditions as the court may deem
appropriate, including orders requiring full or partial restitution;
  (5)  assign the defendant to a conservation camp for a period not to exceed
     180 days as a condition of
probation followed by a 180-day period of follow-up through adult intensive
     supervision by a community cor-
rectional services program, if the offender successfully completes the
     conservation camp program. If the de-
fendant was classified in grid blocks 3-G, 3-H or 3-I of the sentencing
     guidelines grid for drug crimes, the court
may impose a nonprison sanction on the condition that the offender complete the
     program at the Labette
correctional conservation camp. Such a placement decision shall not be
     considered a departure and shall not
be subject to appeal;
  (6)  assign the defendant to a house arrest program pursuant to K.S.A.
     21-4603b and amendments thereto;
  (7)  order the defendant to attend and satisfactorily complete an alcohol or
     drug education or training pro-
gram as provided by subsection (3) of K.S.A. 21-4502 and amendments thereto;
  (8)  order the defendant to repay the amount of any reward paid by any crime
     stoppers chapter, individual,
corporation or public entity which materially aided in the apprehension or
     conviction of the defendant; or repay
the amount of any public funds utilized by a law enforcement agency to purchase
     controlled substances from
the defendant during the investigation which leads to the defendant's
     conviction. Such repayment of the amount
of any public funds utilized by a law enforcement agency shall be deposited and
     credited to the same fund from
which the public funds were credited to prior to use by the law enforcement
     agency;
  (9)  impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7)
     and (8); or
  (10)  suspend imposition of sentence in misdemeanor cases.
  In addition to or in lieu of any of the above, the court shall order the
     defendant to pay restitution, which
shall include, but not be limited to, damage or loss caused by the defendant's
     crime, unless the court finds
compelling circumstances which would render a plan of restitution unworkable. If
     the court finds a plan of
restitution unworkable, the court shall state on the record in detail the
     reasons therefor.
  If the court orders restitution, the restitution shall be a judgment against
     the defendant which may be col-
lected by the court by garnishment or other execution as on judgments in civil
     cases. If, after 60 days from the
date restitution is ordered by the court, a defendant is found to be in
     noncompliance with the plan established
by the court for payment of restitution, and the victim to whom restitution is
     ordered paid has not initiated
proceedings in accordance with K.S.A. 60-4301 et seq. and amendments thereto,
     the court shall assign an agent
procured by the attorney general pursuant to K.S.A. 1996 Supp. 75-719 and
     amendments thereto to collect the
restitution on behalf of the victim. The administrative judge of each judicial
     district may assign such cases to
an appropriate division of the court for the conduct of civil collection
     proceedings.
  In addition to or in lieu of any of the above, the court shall order the
     defendant to submit to and complete
an alcohol and drug evaluation, and pay a fee therefor, when required by
     subsection (4) of K.S.A. 21-4502 and
amendments thereto.
  In imposing a fine the court may authorize the payment thereof in
     installments. In releasing a defendant on
probation, the court shall direct that the defendant be under the supervision of
     a court services officer. If the
court commits the defendant to the custody of the secretary of corrections or to
     jail, the court may specify in
its order the amount of restitution to be paid and the person to whom it shall
     be paid if restitution is later
ordered as a condition of parole or conditional release.
  When a new felony is committed while the offender is incarcerated and serving
     a sentence for a felony or
while the offender is on probation, assignment to a community correctional
     services program, parole, condi-
tional release, or postrelease supervision for a felony, a new sentence shall be
     imposed pursuant to the consec-
utive 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.
  Prior to imposing a dispositional departure for a defendant whose offense is
     classified in the presumptive
nonprison grid block of either sentencing guideline grid, prior to sentencing a
     defendant to incarceration whose
offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
     guidelines grid for nondrug crimes, or prior
to revocation of a nonprison sanction of a defendant whose offense is classified
     in the presumptive nonprison
grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of
     the sentencing guidelines grid
for nondrug crimes, the court shall consider placement of the defendant in the
     Labette correctional conser-
vation camp. Pursuant to this paragraph the defendant shall not be sentenced to
     imprisonment if space is
available in the conservation camp and the defendant meets all of the
     conservation camp's placement criteria
unless the court states on the record the reasons for not placing the defendant
     in the conservation camp.
  The court in committing a defendant to the custody of the secretary of
     corrections shall fix a term of con-
finement within the limits provided by law. In those cases where the law does
     not fix a term of confinement for
the crime for which the defendant was convicted, the court shall fix the term of
     such confinement.
  (b)  Dispositions which do not involve commitment to the custody of the
     secretary of corrections shall not
entail the loss by the defendant of any civil rights.
  (c)  This section shall not deprive the court of any authority conferred by
     any other Kansas statute to decree
a forfeiture of property, suspend or cancel a license, remove a person from
     office, or impose any other civil
penalty as a result of conviction of crime.
  (d)  An application for or acceptance of probation or assignment to a
     community correctional services pro-
gram shall not constitute an acquiescence in the judgment for purpose of appeal,
     and any convicted person
may appeal from such conviction, as provided by law, without regard to whether
     such person has applied for
probation, suspended sentence or assignment to a community correctional services
     program.
  (e)  The secretary of corrections is authorized to make direct placement to
     the Labette correctional conser-
vation camp of an inmate sentenced to the secretary's custody if the inmate: (1)
     Has been sentenced to the
secretary for a probation revocation or as a departure from the presumptive
     nonimprisonment grid block of
either sentencing grid; and (2) otherwise meets admission criteria of the camp.
     If the inmate successfully com-
pletes the 180-day conservation camp program, the secretary of corrections shall
     report such completion to the
sentencing court and the county or district attorney. The inmate shall then be
     assigned by the court to 180 days
of follow-up supervision conducted by the appropriate community corrections
     services program. The court may
also order that supervision continue thereafter for the length of time
     authorized by K.S.A. 21-4611 and amend-
ments thereto.
  (f)  When it is provided by law that a person shall be sentenced pursuant to
     K.S.A. 1993 Supp. 21-4628, prior
to its repeal, the provisions of this section shall not apply.
  Sec. 2.  K.S.A. 1996 Supp. 21-4714 is hereby amended to read as follows:
     21-4714. (a) The court shall order
the preparation of the presentence investigation report by the court services
     officer as soon as possible after
conviction of the defendant.
  (b)  Each presentence report prepared for an offender to be sentenced for one
     or more felonies committed
on or after July 1, 1993, shall be limited to the following information:
  (1)  A summary of the factual circumstances of the crime or crimes of
     conviction.
  (2)  If the defendant desires to do so, a summary of the defendant's version
     of the crime.
  (3)  When there is an identifiable victim, a victim report. The person
     preparing the victim report shall submit
the report to the victim and request that the information be returned to be
     submitted as a part of the present-
ence investigation. To the extent possible, the report shall include a complete
     listing of restitution for damages
suffered by the victim.
  (4)  An appropriate classification of each crime of conviction on the crime
     severity scale.
  (5)  A listing of prior adult convictions or juvenile adjudications for
     felony or misdemeanor crimes or viola-
tions of county resolutions or city ordinances comparable to any misdemeanor
     defined by state law. Such listing
shall include an assessment of the appropriate classification of the criminal
     history on the criminal history scale
and the source of information regarding each listed prior conviction and any
     available source of journal entries
or other documents through which the listed convictions may be verified. If any
     such journal entries or other
documents are obtained by the court services officer, they shall be attached to
     the presentence investigation
report. Any prior criminal history worksheets of the defendant shall also be
     attached.
  (6)  A proposed grid block classification for each crime, or crimes of
     conviction and the presumptive sentence
for each crime, or crimes of conviction.
  (7)  If the proposed grid block classification is a grid block which presumes
     imprisonment, the presumptive
prison term range and the presumptive duration of postprison supervision as it
     relates to the crime severity
scale.
  (8)  If the proposed grid block classification does not presume prison, the
     presumptive prison term range
and the presumptive duration of the nonprison sanction as it relates to the
     crime severity scale and the court
services officer's professional assessment as to recommendations for conditions
     to be mandated as part of the
nonprison sanction.
  (9)  If the proposed grid block classification does not presume prison, the
     social history and present condition
of the defendant.
  (c)  The presentence report will become part of the court record and shall be
     accessible to the public, except
that the official version, defendant's version and the victim's statement, any
     psychological reports and drug and
alcohol reports shall be accessible only to the parties, the sentencing judge,
     the department of corrections, and
if requested, the Kansas sentencing commission. If the offender is committed to
     the custody of the secretary of
corrections, the report shall be sent to the secretary and, in accordance with
     K.S.A. 75-5220 and amendments
thereto to the warden of the state correctional institution to which the
     defendant is conveyed.
  (d)  The criminal history worksheet will not substitute as a presentence
     report.
  (e)  The presentence report will not include optional report components,
     which would be subject to the
discretion of the sentencing court in each district except for psychological
     reports and drug and alcohol reports.
  (f)  The court can take judicial notice in a subsequent felony proceeding of
     an earlier presentence report
criminal history worksheet prepared for a prior sentencing of the defendant for
     a felony committed on or after
July 1, 1993.
  (g)  All presentence reports in any case in which the defendant has been
     convicted of a felony shall be on a
form approved by the Kansas sentencing commission.
  Sec. 3.  K.S.A. 1996 Supp. 21-4603d and 21-4714 are hereby repealed.
  Sec. 4.  This act shall take effect and be in force from and after its
     publication in the statute book.