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AN ACT concerning crimes and punishment; relating to sentencing;
  amending K.S.A. 1996 Supp. 21-4705 and repealing the existing
  section.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 21-4705 is hereby amended to read as
follows: 21-4705. (a) For the purpose of sentencing, the following sen-
tencing guidelines grid for drug crimes shall be applied in felony cases
under the uniform controlled substances act for crimes committed on or
after July 1, 1993:
HB 2409
                                     

HB 2409
                                     

 1    (b)  The provisions of subsection (a) will apply for the purpose of
 2  sentencing violations of the uniform controlled substances act except as
 3  otherwise provided by law. Sentences expressed in the sentencing guide-
 4  lines grid for drug crimes in subsection (a) represent months of impris-
 5  onment.
 6    (c) (1)  The sentencing court has discretion to sentence at any place
 7  within the sentencing range. The sentencing judge shall select the center
 8  of the range in the usual case and reserve the upper and lower limits for
 9  aggravating and mitigating factors insufficient to warrant a departure. The
10  sentencing court shall not distinguish between the controlled substances
11  cocaine base (9041L000) and cocaine hydrochloride (9041L005) when
12  sentencing within the sentencing range of the grid block.
13    (2)  In presumptive imprisonment cases, the sentencing court shall
14  pronounce the complete sentence which shall include the prison sen-
15  tence, the maximum potential reduction to such sentence as a result of
16  good time and the period of postrelease supervision at the sentencing
17  hearing. Failure to pronounce the period of postrelease supervision shall
18  not negate the existence of such period of postrelease supervision.
19    (3)  In presumptive nonprison cases, the sentencing court shall pro-
20  nounce the prison sentence as well as the duration of the nonprison sanc-
21  tion at the sentencing hearing.
22    (d)  Each grid block states the presumptive sentencing range for an
23  offender whose crime of conviction and criminal history place such of-
24  fender in that grid block. If an offense is classified in a grid block below
25  the dispositional line, the presumptive disposition shall be nonimprison-
26  ment. If an offense is classified in a grid block above the dispositional
27  line, the presumptive disposition shall be imprisonment. If an offense is
28  classified in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F, the court
29  may impose an optional nonprison sentence upon making the following
30  findings on the record:
31    (1)  An appropriate treatment program exists which is likely to be
32  more effective than the presumptive prison term in reducing the risk of
33  offender recidivism; and
34    (2)  the recommended treatment program is available and the of-
35  fender can be admitted to such program within a reasonable period of
36  time; or
37    (3)  the nonprison sanction will serve community safety interests by
38  promoting offender reformation.
39    Any decision made by the court regarding the imposition of an optional
40  nonprison sentence if the offense is classified in grid blocks 3-E, 3-F, 3-
41  G, 3-H, 3-I, 4-E or 4-F shall not be considered a departure and shall not
42  be subject to appeal.
43    Sec. 2.  K.S.A. 1996 Supp. 21-4705 is hereby repealed.
HB 2409
                                     

 1    Sec. 3.  This act shall take effect and be in force from and after its
 2  publication in the statute book.