Session of 1998
                   
SENATE BILL No. 519
         
By Committee on Judiciary
         
1-27
            9             AN ACT concerning crimes, criminal procedure and punishment; relating
10             to recovery of costs and expenses in apprehension of escaped defen-
11             dants; rewards for capture of escaped inmates; amending K.S.A. 75-
12             5222 and K.S.A. 1997 Supp. 21-4603d and repealing the existing
13             sections.
14            
15       Be it enacted by the Legislature of the State of Kansas:
16           Section 1. K.S.A. 1997 Supp. 21-4603d is hereby amended to read
17       as follows: 21-4603d. (a) Whenever any person has been found guilty of
18       a crime, the court may adjudge any of the following:
19           (1) Commit the defendant to the custody of the secretary of correc-
20       tions if the current crime of conviction is a felony and the sentence pre-
21       sumes imprisonment, or the sentence imposed is a dispositional departure
22       to imprisonment; or, if confinement is for a misdemeanor, to jail for the
23       term provided by law;
24           (2) impose the fine applicable to the offense;
25           (3) release the defendant on probation if the current crime of con-
26       viction and criminal history fall within a presumptive nonprison category
27       or through a departure for substantial and compelling reasons subject to
28       such conditions as the court may deem appropriate. In felony cases except
29       for violations of K.S.A. 8-1567 and amendments thereto, the court may
30       include confinement in a county jail not to exceed 30 days, which need
31       not be served consecutively, as a condition of probation or community
32       corrections placement;
33           (4) assign the defendant to a community correctional services pro-
34       gram in presumptive nonprison cases or through a departure for substan-
35       tial and compelling reasons subject to such conditions as the court may
36       deem appropriate, including orders requiring full or partial restitution;
37           (5) assign the defendant to a conservation camp for a period not to
38       exceed 180 days as a condition of probation followed by a 180-day period
39       of follow-up through adult intensive supervision by a community correc-
40       tional services program, if the offender successfully completes the con-
41       servation camp program. If the defendant was classified in grid blocks
42       3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the
43       court may impose a nonprison sanction on the condition that the offender

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  1       complete the program at the Labette correctional conservation camp.
  2       Such a placement decision shall not be considered a departure and shall
  3       not be subject to appeal;
  4           (6) assign the defendant to a house arrest program pursuant to K.S.A.
  5       21-4603b and amendments thereto;
  6           (7) order the defendant to attend and satisfactorily complete an al-
  7       cohol or drug education or training program as provided by subsection
  8       (3) of K.S.A. 21-4502 and amendments thereto;
  9           (8) order the defendant to repay the amount of any reward paid by
10       any crime stoppers chapter, individual, corporation or public entity which
11       materially aided in the apprehension or conviction of the defendant; repay
12       the amount of any costs and expenses incurred by any law enforcement
13       agency in the apprehension of the defendant, if one of current crimes of
14       conviction of the defendant includes escape, as defined in K.S.A. 21-3809
15       and amendments thereto or aggravated escape, as defined in K.S.A. 21-
16       3810 and amendments thereto; or repay the amount of any public funds
17       utilized by a law enforcement agency to purchase controlled substances
18       from the defendant during the investigation which leads to the defen-
19       dant's conviction. Such repayment of the amount of any such costs and
20       expenses incurred by a law enforcement agency or any public funds util-
21       ized by a law enforcement agency shall be deposited and credited to the
22       same fund from which the public funds were credited to prior to use by
23       the law enforcement agency;
24           (9) order the defendant to pay the administrative fee authorized by
25       K.S.A. 1997 Supp. 22-4529 and amendments thereto, unless waived by
26       the court;
27           (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
28       (7), (8) and (9); or
29           (11) suspend imposition of sentence in misdemeanor cases.
30           In addition to or in lieu of any of the above, the court shall order the
31       defendant to pay restitution, which shall include, but not be limited to,
32       damage or loss caused by the defendant's crime, unless the court finds
33       compelling circumstances which would render a plan of restitution un-
34       workable. If the court finds a plan of restitution unworkable, the court
35       shall state on the record in detail the reasons therefor.
36           If the court orders restitution, the restitution shall be a judgment
37       against the defendant which may be collected by the court by garnishment
38       or other execution as on judgments in civil cases. If, after 60 days from
39       the date restitution is ordered by the court, a defendant is found to be in
40       noncompliance with the plan established by the court for payment of
41       restitution, and the victim to whom restitution is ordered paid has not
42       initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
43       amendments thereto, the court shall assign an agent procured by the

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  1       attorney general pursuant to K.S.A. 75-719 and amendments thereto to
  2       collect the restitution on behalf of the victim. The administrative judge
  3       of each judicial district may assign such cases to an appropriate division
  4       of the court for the conduct of civil collection proceedings.
  5           In addition to or in lieu of any of the above, the court shall order the
  6       defendant to submit to and complete an alcohol and drug evaluation, and
  7       pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
  8       and amendments thereto.
  9           In addition to any of the above, the court shall order the defendant to
10       reimburse the county general fund for all or a part of the expenditures
11       by the county to provide counsel and other defense services to the de-
12       fendant. Any such reimbursement to the county shall be paid only after
13       any order for restitution has been paid in full. In determining the amount
14       and method of payment of such sum, the court shall take account of the
15       financial resources of the defendant and the nature of the burden that
16       payment of such sum will impose. A defendant who has been required
17       to pay such sum and who is not willfully in default in the payment thereof
18       may at any time petition the court which sentenced the defendant to
19       waive payment of such sum or any unpaid portion thereof. If it appears
20       to the satisfaction of the court that payment of the amount due will im-
21       pose manifest hardship on the defendant or the defendant's immediate
22       family, the court may waive payment of all or part of the amount due or
23       modify the method of payment.
24           In imposing a fine the court may authorize the payment thereof in
25       installments. In releasing a defendant on probation, the court shall direct
26       that the defendant be under the supervision of a court services officer. If
27       the court commits the defendant to the custody of the secretary of cor-
28       rections or to jail, the court may specify in its order the amount of res-
29       titution to be paid and the person to whom it shall be paid if restitution
30       is later ordered as a condition of parole or conditional release.
31           When a new felony is committed while the offender is incarcerated
32       and serving a sentence for a felony or while the offender is on probation,
33       assignment to a community correctional services program, parole, con-
34       ditional release, or postrelease supervision for a felony, a new sentence
35       shall be imposed pursuant to the consecutive sentencing requirements of
36       K.S.A. 21-4608, and amendments thereto, and the court may sentence
37       the offender to imprisonment for the new conviction, even when the new
38       crime of conviction otherwise presumes a nonprison sentence. In this
39       event, imposition of a prison sentence for the new crime does not con-
40       stitute a departure.
41           Prior to imposing a dispositional departure for a defendant whose of-
42       fense is classified in the presumptive nonprison grid block of either sen-
43       tencing guideline grid, prior to sentencing a defendant to incarceration

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  1       whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
  2       guidelines grid for nondrug crimes, or prior to revocation of a nonprison
  3       sanction of a defendant whose offense is classified in the presumptive
  4       nonprison grid block of either sentencing guideline grid or grid blocks
  5       5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes, the
  6       court shall consider placement of the defendant in the Labette correc-
  7       tional conservation camp. Pursuant to this paragraph the defendant shall
  8       not be sentenced to imprisonment if space is available in the conservation
  9       camp and the defendant meets all of the conservation camp's placement
10       criteria unless the court states on the record the reasons for not placing
11       the defendant in the conservation camp.
12           The court in committing a defendant to the custody of the secretary of
13       corrections shall fix a term of confinement within the limits provided by
14       law. In those cases where the law does not fix a term of confinement for
15       the crime for which the defendant was convicted, the court shall fix the
16       term of such confinement.
17           In addition to any of the above, the court shall order the defendant to
18       reimburse the state general fund for all or a part of the expenditures by
19       the state board of indigents' defense services to provide counsel and other
20       defense services to the defendant. In determining the amount and
21       method of payment of such sum, the court shall take account of the
22       financial resources of the defendant and the nature of the burden that
23       payment of such sum will impose. A defendant who has been required
24       to pay such sum and who is not willfully in default in the payment thereof
25       may at any time petition the court which sentenced the defendant to
26       waive payment of such sum or any unpaid portion thereof. If it appears
27       to the satisfaction of the court that payment of the amount due will im-
28       pose manifest hardship on the defendant or the defendant's immediate
29       family, the court may waive payment of all or part of the amount due or
30       modify the method of payment. The amount of attorney fees to be in-
31       cluded in the court order for reimbursement shall be the amount claimed
32       by appointed counsel on the payment voucher for indigents' defense serv-
33       ices or the amount prescribed by the board of indigents' defense services
34       reimbursement tables as provided in K.S.A. 22-4522, and amendments
35       thereto, whichever is less.
36           (b) Dispositions which do not involve commitment to the custody of
37       the secretary of corrections shall not entail the loss by the defendant of
38       any civil rights.
39           (c) This section shall not deprive the court of any authority conferred
40       by any other Kansas statute to decree a forfeiture of property, suspend
41       or cancel a license, remove a person from office, or impose any other civil
42       penalty as a result of conviction of crime.
43           (d) An application for or acceptance of probation or assignment to a

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  1       community correctional services program shall not constitute an acqui-
  2       escence in the judgment for purpose of appeal, and any convicted person
  3       may appeal from such conviction, as provided by law, without regard to
  4       whether such person has applied for probation, suspended sentence or
  5       assignment to a community correctional services program.
  6           (e) The secretary of corrections is authorized to make direct place-
  7       ment to the Labette correctional conservation camp of an inmate sen-
  8       tenced to the secretary's custody if the inmate: (1) Has been sentenced
  9       to the secretary for a probation revocation or as a departure from the
10       presumptive nonimprisonment grid block of either sentencing grid; and
11       (2) otherwise meets admission criteria of the camp. If the inmate suc-
12       cessfully completes the 180-day conservation camp program, the secre-
13       tary of corrections shall report such completion to the sentencing court
14       and the county or district attorney. The inmate shall then be assigned by
15       the court to 180 days of follow-up supervision conducted by the appro-
16       priate community corrections services program. The court may also order
17       that supervision continue thereafter for the length of time authorized by
18       K.S.A. 21-4611 and amendments thereto.
19           (f) When it is provided by law that a person shall be sentenced pur-
20       suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
21       this section shall not apply.
22           Sec. 2. K.S.A. 75-5222 is hereby amended to read as follows: 75-
23       5222. When any an inmate shall escape escapes from a ;§ate correctional
24       institution or the custody of the secretary, ;t shall be the duty of the
25       secretary ;ø shall take all proper measures for the apprehension of said
26       the inmate; and for that purpose he or she. The secretary may offer a
27       reward, not exceeding five hundred dollars ($500) to exceed $5,000, for
28       the apprehension of such inmate.
29           Sec. 3. K.S.A. 75-5222 and K.S.A. 1997 Supp. 21-4603d are hereby
30       repealed.
31           Sec. 4. This act shall take effect and be in force from and after its
32       publication in the statute book.
33