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.