As Amended by Senate Committee
Session of 1999
SENATE BILL No. 98
By Committee on Judiciary
1-21
10 AN ACT concerning crimes, criminal procedure and punishment; related
11 to sentencing; amending K.S.A. 1998 Supp. 21-4603d and repealing
12 the existing section.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 1998 Supp. 21-4603d is hereby amended to read
16 as follows: 21-4603d. (a) Whenever any person has been found guilty of
17 a crime, the court may adjudge any of the following:
18 (1) Commit the defendant to the custody of the secretary of correc-
19 tions if the current crime of conviction is a felony and the sentence pre-
20 sumes imprisonment, or the sentence imposed is a dispositional departure
21 to imprisonment; or, if confinement is for a misdemeanor, to jail for the
22 term provided by law;
23 (2) impose the fine applicable to the offense;
24 (3) release the defendant on probation if the current crime of con-
25 viction and criminal history fall within a presumptive nonprison category
26 or through a departure for substantial and compelling reasons subject to
27 such conditions as the court may deem appropriate. In felony cases except
28 for violations of K.S.A. 8-1567 and amendments thereto, the court may
29 include confinement in a county jail not to exceed 30 days, which need
30 not be served consecutively, as a condition of probation or community
31 corrections placement;
32 (4) assign the defendant to a community correctional services pro-
33 gram in presumptive nonprison cases or through a departure for substan-
34 tial and compelling reasons subject to such conditions as the court may
35 deem appropriate, including orders requiring full or partial restitution;
36 (5) assign the defendant to a conservation camp for a period not to
37 exceed six months as a condition of probation followed by a six-month
38 period of follow-up through adult intensive supervision by a community
39 correctional services program, if the offender successfully completes the
40 conservation camp program. If the defendant was classified in grid blocks
41 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the
42 court may impose a nonprison sanction on the condition that the offender
43 complete the program at the Labette correctional conservation camp or
44 a conservation camp established by the secretary of corrections pursuant
45 to K.S.A. 75-52,127, and amendments thereto. Such a placement decision
46 shall not be considered a departure and shall not be subject to appeal;
47 (6) assign the defendant to a house arrest program pursuant to K.S.A.
48 21-4603b and amendments thereto;
49 (7) order the defendant to attend and satisfactorily complete an al-
50 cohol or drug education or training program as provided by subsection
51 (3) of K.S.A. 21-4502 and amendments thereto;
52 (8) order the defendant to repay the amount of any reward paid by
53 any crime stoppers chapter, individual, corporation or public entity which
54 materially aided in the apprehension or conviction of the defendant; repay
55 the amount of any costs and expenses incurred by any law enforcement
56 agency in the apprehension of the defendant, if one of the current crimes
57 of conviction of the defendant includes escape, as defined in K.S.A. 21-
58 3809 and amendments thereto or aggravated escape, as defined in K.S.A.
59 21-3810 and amendments thereto; or repay the amount of any public
60 funds utilized by a law enforcement agency to purchase controlled sub-
61 stances from the defendant during the investigation which leads to the
62 defendant's conviction. Such repayment of the amount of any such costs
63 and expenses incurred by a law enforcement agency or any public funds
64 utilized by a law enforcement agency shall be deposited and credited to
65 the same fund from which the public funds were credited to prior to use
66 by the law enforcement agency;
67 (9) order the defendant to pay the administrative fee authorized by
68 K.S.A. 1998 Supp. 22-4529 and amendments thereto, unless waived by
69 the court;
70 (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
71 (7), (8) and (9); or
72 (11) suspend imposition of sentence in misdemeanor cases.
73 In addition to or in lieu of any of the above, the court shall order the
74 defendant to pay restitution, which shall include, but not be limited to,
75 damage or loss caused by the defendant's crime, unless the court finds
76 compelling circumstances which would render a plan of restitution un-
77 workable. If the court finds a plan of restitution unworkable, the court
78 shall state on the record in detail the reasons therefor.
79 If the court orders restitution, the restitution shall be a judgment
80 against the defendant which may be collected by the court by garnishment
81 or other execution as on judgments in civil cases. If, after 60 days from
82 the date restitution is ordered by the court, a defendant is found to be in
83 noncompliance with the plan established by the court for payment of
84 restitution, and the victim to whom restitution is ordered paid has not
85 initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
86 amendments thereto, the court shall assign an agent procured by the
87 attorney general pursuant to K.S.A. 75-719 and amendments thereto to
88 collect the restitution on behalf of the victim. The administrative judge
89 of each judicial district may assign such cases to an appropriate division
90 of the court for the conduct of civil collection proceedings.
91 In addition to or in lieu of any of the above, the court shall order the
92 defendant to submit to and complete an alcohol and drug evaluation, and
93 pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
94 and amendments thereto.
95 In addition to any of the above, the court shall order the defendant to
96 reimburse the county general fund for all or a part of the expenditures
97 by the county to provide counsel and other defense services to the de-
98 fendant. Any such reimbursement to the county shall be paid only after
99 any order for restitution has been paid in full. In determining the amount
100 and method of payment of such sum, the court shall take account of the
101 financial resources of the defendant and the nature of the burden that
102 payment of such sum will impose. A defendant who has been required
103 to pay such sum and who is not willfully in default in the payment thereof
104 may at any time petition the court which sentenced the defendant to
105 waive payment of such sum or any unpaid portion thereof. If it appears
106 to the satisfaction of the court that payment of the amount due will im-
107 pose manifest hardship on the defendant or the defendant's immediate
108 family, the court may waive payment of all or part of the amount due or
109 modify the method of payment.
110 In imposing a fine the court may authorize the payment thereof in
111 installments. In releasing a defendant on probation, the court shall direct
112 that the defendant be under the supervision of a court services officer. If
113 the court commits the defendant to the custody of the secretary of cor-
114 rections or to jail, the court may specify in its order the amount of res-
115 titution to be paid and the person to whom it shall be paid if restitution
116 is later ordered as a condition of parole or conditional release.
117 When a new felony is committed while the offender is incarcerated
118 and serving a sentence for a felony or while the offender is on probation,
119 assignment to a community correctional services program, parole, con-
120 ditional release, or postrelease supervision for a felony, a new sentence
121 shall be imposed pursuant to the consecutive sentencing requirements of
122 K.S.A. 21-4608, and amendments thereto, and the court may sentence
123 the offender to imprisonment for the new conviction, even when the new
124 crime of conviction otherwise presumes a nonprison sentence. When a
125 new felony is committed while the offender is on release for a felony
126 pursuant to the provisions of article 28 of chapter 22 of the Kansas Stat-
127 utes Annotated, a new sentence may be imposed pursuant to the consec-
128 utive sentencing requirements of K.S.A. 21-4608 and amendments thereto.
129 In this either this event, imposition of a prison sentence for the new crime
130 does not constitute a departure. When a new felony is committed while
131 the offender is on release for a felony pursuant to the provisions of
132 article 28 of chapter 22 of the Kansas Statutes Annotated, a new
133 sentence may be imposed pursuant to the consecutive sentencing
134 requirements of K.S.A. 21-4608 and amendments thereto, and the
135 court may sentence the offender to imprisonment for the new con-
136 viction, even when the new crime of conviction otherwise presumes
137 a nonprison sentence. In this event, imposition of a prison sentence
138 for the new crime does not constitute a departure.
139 Prior to imposing a dispositional departure for a defendant whose of-
140 fense is classified in the presumptive nonprison grid block of either sen-
141 tencing guideline grid, prior to sentencing a defendant to incarceration
142 whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
143 guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H,
144 3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes, or prior
145 to revocation of a nonprison sanction of a defendant whose offense is
146 classified in the presumptive nonprison grid block of either sentencing
147 guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
148 grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
149 4-F of the sentencing guidelines grid for drug crimes, the court shall
150 consider placement of the defendant in the Labette correctional conser-
151 vation camp, conservation camps established by the secretary of correc-
152 tions pursuant to K.S.A. 75-52,127, and amendment thereto or a com-
153 munity intermediate sanction center. Pursuant to this paragraph the
154 defendant shall not be sentenced to imprisonment if space is available in
155 a conservation camp or a community intermediate sanction center and
156 the defendant meets all of the conservation camp's or a community in-
157 termediate sanction center's placement criteria unless the court states on
158 the record the reasons for not placing the defendant in a conservation
159 camp or a community intermediate sanction center.
160 The court in committing a defendant to the custody of the secretary of
161 corrections shall fix a term of confinement within the limits provided by
162 law. In those cases where the law does not fix a term of confinement for
163 the crime for which the defendant was convicted, the court shall fix the
164 term of such confinement.
165 In addition to any of the above, the court shall order the defendant to
166 reimburse the state general fund for all or a part of the expenditures by
167 the state board of indigents' defense services to provide counsel and other
168 defense services to the defendant. In determining the amount and
169 method of payment of such sum, the court shall take account of the
170 financial resources of the defendant and the nature of the burden that
171 payment of such sum will impose. A defendant who has been required
172 to pay such sum and who is not willfully in default in the payment thereof
173 may at any time petition the court which sentenced the defendant to
174 waive payment of such sum or any unpaid portion thereof. If it appears
175 to the satisfaction of the court that payment of the amount due will im-
176 pose manifest hardship on the defendant or the defendant's immediate
177 family, the court may waive payment of all or part of the amount due or
178 modify the method of payment. The amount of attorney fees to be in-
179 cluded in the court order for reimbursement shall be the amount claimed
180 by appointed counsel on the payment voucher for indigents' defense serv-
181 ices or the amount prescribed by the board of indigents' defense services
182 reimbursement tables as provided in K.S.A. 22-4522, and amendments
183 thereto, whichever is less.
184 (b) Dispositions which do not involve commitment to the custody of
185 the secretary of corrections shall not entail the loss by the defendant of
186 any civil rights. Placement of offenders in a conservation camp established
187 by the secretary of corrections pursuant to K.S.A. 75-52,127, and amend-
188 ments thereto, as a nonimprisonment disposition shall not entail the loss
189 by the defendant of any civil rights.
190 (c) This section shall not deprive the court of any authority conferred
191 by any other Kansas statute to decree a forfeiture of property, suspend
192 or cancel a license, remove a person from office, or impose any other civil
193 penalty as a result of conviction of crime.
194 (d) An application for or acceptance of probation or assignment to a
195 community correctional services program shall not constitute an acqui-
196 escence in the judgment for purpose of appeal, and any convicted person
197 may appeal from such conviction, as provided by law, without regard to
198 whether such person has applied for probation, suspended sentence or
199 assignment to a community correctional services program.
200 (e) The secretary of corrections is authorized to make direct place-
201 ment to the Labette correctional conservation camp or a conservation
202 camp established by the secretary pursuant to K.S.A. 75-52,127, and
203 amendments thereto, of an inmate sentenced to the secretary's custody
204 if the inmate: (1) Has been sentenced to the secretary for a probation
205 revocation or as a departure from the presumptive nonimprisonment grid
206 block of either sentencing grid; and (2) otherwise meets admission criteria
207 of the camp. If the inmate successfully completes the six-month conser-
208 vation camp program, the secretary of corrections shall report such com-
209 pletion to the sentencing court and the county or district attorney. The
210 inmate shall then be assigned by the court to six months of follow-up
211 supervision conducted by the appropriate community corrections services
212 program. The court may also order that supervision continue thereafter
213 for the length of time authorized by K.S.A. 21-4611 and amendments
214 thereto.
215 (f) When it is provided by law that a person shall be sentenced pur-
216 suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
217 this section shall not apply.
218 Sec. 2. K.S.A. 1998 Supp. 21-4603d is hereby repealed.
219 Sec. 3. This act shall take effect and be in force from and after its
220 publication in the statute book.