Session of 1998
SENATE BILL No. 639
By Senator Gooch
2-11
9
AN ACT concerning crimes and punishment;
relating to certain drug
10 offenses; modification
of sentence.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. (a) Any
person who was convicted of a violation of the
14 controlled substances act, K.S.A. 65-4101
et seq. and amendments
15 thereto, in which the substance involved
was marijuana or tetrahydrocan-
16 nibinol as designated in subsection (d) of
K.S.A. 65-4105 and amend-
17 ments thereto and such substance was not
possessed with intent to sell,
18 sold or offered for sale or manufactured or
distributed by such person,
19 shall be eligible to have such person's
sentence modified as provided in
20 this section.
21 (b) The department of
corrections shall conduct a review of all per-
22 sons who committed crimes and were
sentenced prior to the effective
23 date of this act and are imprisoned in the
custody of the secretary of
24 corrections on the effective date of this
act to identify all persons whose
25 primary crime was for a violation of law as
provided in subsection (a).
26 (c) The department shall
issue a report on each such eligible person
27 as described in subsection (a) which
compares the person's actual sen-
28 tence imposed with the sentence that the
person would have received
29 had such person been sentenced on July 1,
1998. Such person's sentence
30 shall then be converted to the sentence
that such person would have
31 received had such person been sentenced on
July 1, 1998, except that a
32 person's sentence shall not be increased in
length through a sentence
33 conversion as provided in this section.
34 (d) Any person whose
sentence is modified as provided in this section
35 and who has already served such sentence
shall be released and subject
36 to postrelease supervision as provided in
K.S.A. 22-3717 and amendments
37 thereto.
38 Sec. 2. This act
shall take effect and be in force from and after its
39 publication in the statute book.
40