Session of 2000
HOUSE BILL No. 2820
By Committee on Judiciary
2-2
9 AN ACT
concerning crimes and punishment; relating to violations of
10 conditions of release;
amending K.S.A. 1999 Supp. 75-5217 and re-
11 pealing the existing
section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 75-5217 is hereby amended to read as
15 follows: 75-5217. (a) At any time during
release on parole, conditional
16 release or postrelease supervision, the
secretary of corrections may issue
17 a warrant for the arrest of a released
inmate for violation of any of the
18 conditions of release, or a notice to
appear to answer to a charge of vio-
19 lation. Such notice shall be served
personally upon the released inmate.
20 The warrant shall authorize any law
enforcement officer to arrest and
21 deliver the released inmate to a place as
provided by subsection (f). Any
22 parole officer may arrest such released
inmate without a warrant, or may
23 deputize any other officer with power of
arrest to do so by giving such
24 officer a written arrest and detain order
setting forth that the released
25 inmate, in the judgment of the parole
officer, has violated the conditions
26 of the inmate's release. The written arrest
and detain order delivered
27 with the released inmate by the arresting
officer to the official in charge
28 of the institution or place to which the
released inmate is brought for
29 detention shall be sufficient warrant for
detaining the inmate. After mak-
30 ing an arrest the parole officer shall
present to the detaining authorities
31 a similar arrest and detain order and
statement of the circumstances of
32 violation. Pending a hearing, as provided
in this section, upon any charge
33 of violation the released inmate shall
remain incarcerated in the institu-
34 tion or place to which the inmate is taken
for detention.
35 (b) Upon such
arrest and detention, the parole officer shall notify the
36 secretary of corrections, or the
secretary's designee, within five days and
37 shall submit in writing a report showing in
what manner the released
38 inmate had violated the conditions of
release. After such notification is
39 given to the secretary of corrections, or
upon an arrest by warrant as
40 herein provided, and the finding of
probable cause pursuant to proce-
41 dures established by the secretary of a
violation of the released inmate's
42 conditions of release, the secretary shall
cause the released inmate to be
43 brought before the Kansas parole board, its
designee or designees, for a
2
1 hearing on the violation charged,
under such rules and regulations as the
2 board may adopt. It is within the
discretion of the Kansas parole board
3 whether such hearing requires the
released inmate to appear personally
4 before the board when such inmate's
violation results from a conviction
5 for a new felony or misdemeanor. An
offender under determinant sen-
6 tencing whose violation does not
result from a conviction of a new felony
7 or misdemeanor may waive the right to
a final revocation hearing before
8 the Kansas parole board under such
conditions and terms as may be
9 prescribed by rules and regulations
promulgated by the Kansas parole
10 board. Relevant written statements made
under oath shall be admitted
11 and considered by the Kansas parole board,
its designee or designees,
12 along with other evidence presented at the
hearing. If the violation is
13 established to the satisfaction of the
Kansas parole board, the board may
14 continue or revoke the parole or
conditional release, or enter such other
15 order as the board may see fit. The
revocation of release of inmates who
16 are on a specified period of postrelease
supervision shall be for a six-
17 month period of confinement from the date
of the revocation hearing
18 before the board or the effective date of
waiver of such hearing by the
19 offender pursuant to rules and regulations
promulgated by the Kansas
20 parole board, if the violation does not
result from a conviction for a new
21 felony or misdemeanor. Such period of
confinement may be reduced by
22 not more than three months based on the
inmate's conduct, work and
23 program participating during the
incarceration period. The reduction in
24 the incarceration period shall be on an
earned basis pursuant to rules and
25 regulations adopted by the secretary of
corrections.
26 (c) If the
violation does result from a conviction for a new felony
or
27 misdemeanor, upon revocation the inmate
shall serve the entire remain-
28 ing balance of the period of postrelease
supervision even if the new con-
29 viction did not result in the imposition of
a new term of imprisonment.
30 (d) In the event
the released inmate reaches conditional release date
31 as provided by K.S.A. 22-3718 and
amendments thereto after a finding
32 of probable cause, pursuant to procedures
established by the secretary of
33 corrections of a violation of the released
inmate's conditions of release,
34 but prior to a hearing before the Kansas
parole board, the secretary of
35 corrections shall be authorized to detain
the inmate until the hearing by
36 the Kansas parole board. The secretary
shall then enforce the order issued
37 by the Kansas parole board.
38 (e) If the
secretary of corrections issues a warrant for the arrest of a
39 released inmate for violation of any of the
conditions of release and the
40 released inmate is subsequently arrested in
the state of Kansas, either
41 pursuant to the warrant issued by the
secretary of corrections or for any
42 other reason, the released inmate's
sentence shall not be credited with
43 the period of time from the date of the
issuance of the secretary's warrant
3
1 to the date of the released inmate's
arrest.
2 If a released
inmate for whom a warrant has been issued by the sec-
3 retary of corrections for violation
of the conditions of release is subse-
4 quently arrested in another state,
and the released inmate has been au-
5 thorized as a condition of such
inmate's release to reside in or travel to
6 the state in which the released
inmate was arrested, and the released
7 inmate has not absconded from
supervision, the released inmate's sen-
8 tence shall not be credited with the
period of time from the date of the
9 issuance of the warrant to the date
of the released inmate's arrest. If the
10 released inmate for whom a warrant has been
issued by the secretary of
11 corrections for violation of the conditions
of release is subsequently ar-
12 rested in another state for reasons other
than the secretary's warrant and
13 the released inmate does not have
authorization to be in the other state
14 or if authorized to be in the other state
has been charged by the secretary
15 with having absconded from supervision, the
released inmate's sentence
16 shall not be credited with the period of
time from the date of the issuance
17 of the warrant by the secretary to the date
the released inmate is first
18 available to be returned to the state of
Kansas. If the released inmate for
19 whom a warrant has been issued by the
secretary of corrections for vio-
20 lation of a condition of release is
subsequently arrested in another state
21 pursuant only to the secretary's warrant,
the released inmate's sentence
22 shall not be credited with the period of
time from the date of the issuance
23 of the secretary's warrant to the date of
the released inmate's arrest,
24 regardless of whether the released inmate's
presence in the other state
25 was authorized or the released inmate had
absconded from supervision.
26 The secretary may
issue a warrant for the arrest of a released inmate
27 for violation of any of the conditions of
release and may direct that all
28 reasonable means to serve the warrant and
detain such released inmate
29 be employed including but not limited to
notifying the federal bureau of
30 investigation of such violation and
issuance of warrant and requesting
31 from the federal bureau of investigation
any pertinent information it may
32 possess concerning the whereabouts of the
released inmate.
33 (f) Law
enforcement officers shall execute warrants issued by the
34 secretary of corrections pursuant to
subsection (a) or (d), and shall deliver
35 the inmate named in the warrant to the jail
used by the county where the
36 inmate is arrested unless some other place
is designated by the secretary,
37 in the same manner as for the execution of
any arrest warrant.
38 (g) For the
purposes of this section, an inmate or released inmate is
39 an individual under the supervision of the
secretary of corrections, in-
40 cluding, but not limited to, an individual
on parole, conditional release,
41 postrelease supervision, probation granted
by another state or an individ-
42 ual supervised under any interstate compact
in accordance with the pro-
43 visions of the uniform act for out-of-state
parolee supervision, K.S.A. 22-
4
1 4101 et seq. and amendments
thereto.
2 (h) If
the violation does result from a conviction for violating
K.S.A.
3 8-1567, and amendments thereto, or
any felony, such conditional release
4 shall be revoked and such offender
shall return to the correctional insti-
5 tution to serve at least six
months in the correctional institution, notwith-
6 standing any term of imprisonment
the offender may receive for the new
7 conviction or even if the new
conviction did not result in the imposition
8 of a new term of
imprisonment.
9 Sec. 2. K.S.A. 1999 Supp.
75-5217 is hereby repealed.
10 Sec. 3. This act shall
take effect and be in force from and after its
11 publication in the statute book.