Session 2000
Effective: May 25, 2000
HOUSE Substitute for SENATE BILL No. 323
An Act concerning crimes, criminal procedure and punishment; relating to probation and
      suspension of sentence, jail confinement; community corrections; conditional violators,
      dispositions; postrelease supervision; placement of inmates and offenders; revocation of
      nonprison sanction for certain offenders; making and concerning appropriations for the
      fiscal years ending June 30, 2001, and June 30, 2002, for the department of corrections;
      amending K.S.A. 21-4602, 21-4606b, 22-3431, 22-3716 and 75-52,129 and K.S.A. 1999
      Supp. 21-4603, 21-4603d, 21-4610, 21-4611, 22-3717 and 75-5291 and repealing the
      existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section 1. K.S.A. 21-4602 is hereby amended to read as follows: 21-
4602. As used in K.S.A. 21-4601 through 21-4621, and amendments
thereto:

      (a) "Court" means any court having jurisdiction and power to sentence
offenders for violations of the laws of this state.

      (b) "Suspension of sentence" means a procedure under which a de-
fendant, found guilty of a crime, upon verdict or plea, is released by the
court without imposition of sentence. The release may be with or without
supervision in the discretion of the court. In felony cases, the court may
include confinement in a county jail not to exceed 30 60 days, which need
not be served consecutively, as a condition of suspension of sentence
pursuant to subsection (b)(4) of K.S.A. 21-4603 and amendments thereto.

      (c) "Probation" means a procedure under which a defendant, found
guilty of a crime upon verdict or plea, is released by the court after im-
position of sentence, without imprisonment except as provided in felony
cases, subject to conditions imposed by the court and subject to the su-
pervision of the probation service of the court or community corrections.
In felony cases, the court may include confinement in a county jail not
to exceed 30 60 days, which need not be served consecutively, as a con-
dition of an original probation sentence and up to 60 days in a county jail
upon each revocation of the probation sentence pursuant to subsection
(b)(3) of K.S.A. 21-4603 and amendments thereto.

      (d) "Parole" means the release of a prisoner to the community by the
Kansas parole board prior to the expiration of such prisoner's term, sub-
ject to conditions imposed by the board and to the secretary of correc-
tion's supervision. Parole also means the release by a court of competent
jurisdiction of a person confined in the county jail or other local place of
detention after conviction and prior to expiration of such person's term,
subject to conditions imposed by the court and its supervision. Where a
court or other authority has filed a warrant against the prisoner, the Kan-
sas parole board or paroling court may release the prisoner on parole to
answer the warrant of such court or authority.

      (e) "Correctional institution" means the Lansing correctional facility,
Hutchinson correctional facility, Topeka correctional facility, Norton cor-
rectional facility, Ellsworth correctional facility, Winfield correctional fa-
cility, Osawatomie correctional facility, Larned correctional mental health
facility, Toronto correctional work facility, Stockton correctional facility,
Wichita work release facility, El Dorado correctional facility, and any
other correctional institution established by the state for the confinement
of offenders, and under control of the secretary of corrections.

      (f) "Community correctional services program" means a program
which operates under the community corrections act and to which a de-
fendant is assigned for supervision, confinement, detention, care or treat-
ment, subject to conditions imposed by the court. A defendant assigned
to a community correctional services program shall be subject to the con-
tinuing jurisdiction of the court and in no event shall be considered to be
in the custody of or under the supervision of the secretary of corrections.

      (g) "Postrelease supervision," for crimes committed on or after July 1,
1993, means the same as provided in K.S.A. 21-4703 and amendments
thereto.

      Sec. 2. K.S.A. 1999 Supp. 21-4603 is hereby amended to read as fol-
lows: 21-4603. (a) Whenever any person has been found guilty of a crime
and the court finds that an adequate presentence investigation cannot be
conducted by resources available within the judicial district, including
mental health centers and mental health clinics, the court may require
that a presentence investigation be conducted by the Topeka correctional
facility or by the state security hospital. If the offender is sent to the
Topeka correctional facility or the state security hospital for a presentence
investigation under this section, the correctional facility or hospital may
keep the offender confined for a maximum of 60 days, except that an
inmate may be held for a longer period of time on order of the secretary,
or until the court calls for the return of the offender. While held at the
Topeka correctional facility or the state security hospital the defendant
may be treated the same as any person committed to the secretary of
corrections or secretary of social and rehabilitation services for purposes
of maintaining security and control, discipline, and emergency medical
or psychiatric treatment, and general population management except that
no such person shall be transferred out of the state or to a federal insti-
tution or to any other location unless the transfer is between the correc-
tional facility and the state security hospital. The correctional facility or
the state security hospital shall compile a complete mental and physical
evaluation of such offender and shall make its findings and recommen-
dations known to the court in the presentence report.

      (b) Except as provided in subsection (c), whenever any person has been
found guilty of a crime, the court may adjudge any of the following:

      (1) Commit the defendant to the custody of the secretary of corrections
or, if confinement is for a term less than one year, to jail for the term
provided by law;

      (2) impose the fine applicable to the offense;

      (3) release the defendant on probation subject to such conditions as
the court may deem appropriate, including orders requiring full or partial
restitution. In felony cases, the court may include confinement in a county
jail not to exceed 30 60 days, which need not be served consecutively, as
a condition of an original probation sentence and up to 60 days in a county
jail upon each revocation of the probation sentence;

      (4) suspend the imposition of the sentence subject to such conditions
as the court may deem appropriate, including orders requiring full or
partial restitution. In felony cases, the court may include confinement in
a county jail not to exceed 30 60 days, which need not be served consec-
utively, as a condition of suspension of sentence;

      (5) assign the defendant to a community correctional services program
subject to the provisions of K.S.A. 75-5291, and amendments thereto, and
such conditions as the court may deem appropriate, including orders re-
quiring full or partial restitution;

      (6) assign the defendant to a conservation camp for a period not to
exceed six months;

      (7) assign the defendant to a house arrest program pursuant to K.S.A.
21-4603b and amendments thereto;

      (8) order the defendant to attend and satisfactorily complete an alcohol
or drug education or training program as provided by subsection (3) of
K.S.A. 21-4502 and amendments thereto;

      (9) order the defendant to pay the administrative fee authorized by
K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived by
the court; or

      (10) impose any appropriate combination of subsections (b)(1) through
(b)(9).

      In addition to or in lieu of any of the above, the court shall order the
defendant to submit to and complete an alcohol and drug evaluation, and
pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
and amendments thereto.

      In addition to any of the above, the court shall order the defendant to
reimburse the state general fund for all or a part of the expenditures by
the state board of indigents' defense services to provide counsel and other
defense services to the defendant. In determining the amount and
method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment. The amount of attorney fees to be in-
cluded in the court order for reimbursement shall be the amount claimed
by appointed counsel on the payment voucher for indigents' defense serv-
ices or the amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less.

      In imposing a fine the court may authorize the payment thereof in
installments. In releasing a defendant on probation, the court shall direct
that the defendant be under the supervision of a court services officer. If
the court commits the defendant to the custody of the secretary of cor-
rections or to jail, the court may specify in its order the amount of res-
titution to be paid and the person to whom it shall be paid if restitution
is later ordered as a condition of parole or conditional release.

      The court in committing a defendant to the custody of the secretary of
corrections shall fix a maximum term of confinement within the limits
provided by law. In those cases where the law does not fix a maximum
term of confinement for the crime for which the defendant was convicted,
the court shall fix the maximum term of such confinement. In all cases
where the defendant is committed to the custody of the secretary of
corrections, the court shall fix the minimum term within the limits pro-
vided by law.

      (c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior
to its repeal, has been found guilty of a class A or B felony, the court shall
commit the defendant to the custody of the secretary of corrections and
may impose the fine applicable to the offense.

      (d) (1) Except when an appeal is taken and determined adversely to
the defendant as provided in subsection (d)(2), at any time within 120
days after a sentence is imposed, after probation or assignment to a com-
munity correctional services program has been revoked, the court may
modify such sentence, revocation of probation or assignment to a com-
munity correctional services program by directing that a less severe pen-
alty be imposed in lieu of that originally adjudged within statutory limits
and shall modify such sentence if recommended by the Topeka correc-
tional facility unless the court finds and sets forth with particularity the
reasons for finding that the safety of members of the public will be jeop-
ardized or that the welfare of the inmate will not be served by such
modification.

      (2) If an appeal is taken and determined adversely to the defendant,
such sentence may be modified within 120 days after the receipt by the
clerk of the district court of the mandate from the supreme court or court
of appeals.

      (e) The court shall modify the sentence at any time before the expi-
ration thereof when such modification is recommended by the secretary
of corrections unless the court finds and sets forth with particularity the
reasons for finding that the safety of members of the public will be jeop-
ardized or that the welfare of the inmate will not be served by such
modification. The court shall have the power to impose a less severe
penalty upon the inmate, including the power to reduce the minimum
below the statutory limit on the minimum term prescribed for the crime
of which the inmate has been convicted. The recommendation of the
secretary of corrections, the hearing on the recommendation and the
order of modification shall be made in open court. Notice of the rec-
ommendation of modification of sentence and the time and place of the
hearing thereon shall be given by the inmate, or by the inmate's legal
counsel, at least 21 days prior to the hearing to the county or district
attorney of the county where the inmate was convicted. After receipt of
such notice and at least 14 days prior to the hearing, the county or district
attorney shall give notice of the recommendation of modification of sen-
tence and the time and place of the hearing thereon to any victim of the
inmate's crime who is alive and whose address is known to the county or
district attorney or, if the victim is deceased, to the victim's next of kin if
the next of kin's address is known to the county or district attorney. Proof
of service of each notice required to be given by this subsection shall be
filed with the court.

      (f) After such defendant has been assigned to a conservation camp but
prior to the end of 180 days, the chief administrator of such camp shall
file a performance report and recommendations with the court. The court
shall enter an order based on such report and recommendations modi-
fying the sentence, if appropriate, by sentencing the defendant to any of
the authorized dispositions provided in subsection (b), except to reassign
such person to a conservation camp as provided in subsection (b)(6).

      (g) Dispositions which do not involve commitment to the custody of
the secretary of corrections and commitments which are revoked within
120 days shall not entail the loss by the defendant of any civil rights.
Placement of offenders pursuant to subsection (b)(6) in a conservation
camp established by the secretary of corrections shall not entail the loss
by the defendant of any civil rights.

      (h) This section shall not deprive the court of any authority conferred
by any other Kansas statute to decree a forfeiture of property, suspend
or cancel a license, remove a person from office, or impose any other civil
penalty as a result of conviction of crime.

      (i) An application for or acceptance of probation, suspended sentence
or assignment to a community correctional services program shall not
constitute an acquiescence in the judgment for purpose of appeal, and
any convicted person may appeal from such conviction, as provided by
law, without regard to whether such person has applied for probation,
suspended sentence or assignment to a community correctional services
program.

      (j) When it is provided by law that a person shall be sentenced pursuant
to K.S.A. 21-4628, and amendments thereto, the provisions of this section
shall not apply.

      (k) The provisions of this section shall apply to crimes committed be-
fore July 1, 1993.

      Sec. 3. K.S.A. 1999 Supp. 21-4603d is hereby amended to read as
follows: 21-4603d. (a) Whenever any person has been found guilty of a
crime, the court may adjudge any of the following:

      (1) Commit the defendant to the custody of the secretary of corrections
if the current crime of conviction is a felony and the sentence presumes
imprisonment, or the sentence imposed is a dispositional departure to
imprisonment; or, if confinement is for a misdemeanor, to jail for the
term provided by law;

      (2) impose the fine applicable to the offense;

      (3) release the defendant on probation if the current crime of convic-
tion and criminal history fall within a presumptive nonprison category or
through a departure for substantial and compelling reasons subject to
such conditions as the court may deem appropriate. In felony cases except
for violations of K.S.A. 8-1567 and amendments thereto, the court may
include confinement in a county jail not to exceed 30 60 days, which need
not be served consecutively, as a condition of an original probation sen-
tence and up to 60 days in a county jail upon each revocation of the
probation sentence, or community corrections placement;

      (4) assign the defendant to a community correctional services program
in presumptive nonprison cases as provided in K.S.A. 75-5291, and
amendments thereto, or through a departure for substantial and compel-
ling reasons subject to such conditions as the court may deem appropriate,
including orders requiring full or partial restitution;

      (5) assign the defendant to a conservation camp for a period not to
exceed six months as a condition of probation followed by a six-month
period of follow-up through adult intensive supervision by a community
correctional services program, if the offender successfully completes the
conservation camp program;

      (6) assign the defendant to a house arrest program pursuant to K.S.A.
21-4603b and amendments thereto;

      (7) order the defendant to attend and satisfactorily complete an alcohol
or drug education or training program as provided by subsection (3) of
K.S.A. 21-4502 and amendments thereto;

      (8) order the defendant to repay the amount of any reward paid by any
crime stoppers chapter, individual, corporation or public entity which
materially aided in the apprehension or conviction of the defendant; repay
the amount of any costs and expenses incurred by any law enforcement
agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape, as defined in K.S.A. 21-
3809 and amendments thereto or aggravated escape, as defined in K.S.A.
21-3810 and amendments thereto; or repay the amount of any public
funds utilized by a law enforcement agency to purchase controlled sub-
stances from the defendant during the investigation which leads to the
defendant's conviction. Such repayment of the amount of any such costs
and expenses incurred by a law enforcement agency or any public funds
utilized by a law enforcement agency shall be deposited and credited to
the same fund from which the public funds were credited to prior to use
by the law enforcement agency;

      (9) order the defendant to pay the administrative fee authorized by
K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived by
the court;

      (10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
(7), (8) and (9); or

      (11) suspend imposition of sentence in misdemeanor cases.

      In addition to or in lieu of any of the above, the court shall order the
defendant to pay restitution, which shall include, but not be limited to,
damage or loss caused by the defendant's crime, unless the court finds
compelling circumstances which would render a plan of restitution un-
workable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.

      If the court orders restitution, the restitution shall be a judgment
against the defendant which may be collected by the court by garnishment
or other execution as on judgments in civil cases. If, after 60 days from
the date restitution is ordered by the court, a defendant is found to be in
noncompliance with the plan established by the court for payment of
restitution, and the victim to whom restitution is ordered paid has not
initiated proceedings in accordance with K.S.A. 60-4301 et seq. and
amendments thereto, the court shall assign an agent procured by the
attorney general pursuant to K.S.A. 75-719 and amendments thereto to
collect the restitution on behalf of the victim. The administrative judge
of each judicial district may assign such cases to an appropriate division
of the court for the conduct of civil collection proceedings.

      In addition to or in lieu of any of the above, the court shall order the
defendant to submit to and complete an alcohol and drug evaluation, and
pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
and amendments thereto.

      In addition to any of the above, the court shall order the defendant to
reimburse the county general fund for all or a part of the expenditures
by the county to provide counsel and other defense services to the de-
fendant. Any such reimbursement to the county shall be paid only after
any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment.

      In imposing a fine the court may authorize the payment thereof in
installments. In releasing a defendant on probation, the court shall direct
that the defendant be under the supervision of a court services officer. If
the court commits the defendant to the custody of the secretary of cor-
rections or to jail, the court may specify in its order the amount of res-
titution to be paid and the person to whom it shall be paid if restitution
is later ordered as a condition of parole or conditional release.

      When a new felony is committed while the offender is incarcerated
and serving a sentence for a felony or while the offender is on probation,
assignment to a community correctional services program, parole, con-
ditional release, or postrelease supervision for a felony, a new sentence
shall be imposed pursuant to the consecutive sentencing requirements of
K.S.A. 21-4608, and amendments thereto, and the court may sentence
the offender to imprisonment for the new conviction, even when the new
crime of conviction otherwise presumes a nonprison sentence. In this
event, imposition of a prison sentence for the new crime does not con-
stitute a departure. When a new felony is committed while the offender
is on release for a felony pursuant to the provisions of article 28 of chapter
22 of the Kansas Statutes Annotated, a new sentence may be imposed
pursuant to the consecutive sentencing requirements of K.S.A. 21-4608
and amendments thereto, and the court may sentence the offender to
imprisonment for the new conviction, even when the new crime of con-
viction otherwise presumes a nonprison sentence. In this event, imposi-
tion of a prison sentence for the new crime does not constitute a depar-
ture.

      Prior to imposing a dispositional departure for a defendant whose of-
fense is classified in the presumptive nonprison grid block of either sen-
tencing guideline grid, prior to sentencing a defendant to incarceration
whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H,
3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes, or prior
to revocation of a nonprison sanction of a defendant whose offense is
classified in the presumptive nonprison grid block of either sentencing
guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or
4-F of the sentencing guidelines grid for drug crimes, the court shall
consider placement of the defendant in the Labette correctional conser-
vation camp, conservation camps established by the secretary of correc-
tions pursuant to K.S.A. 75-52,127, and amendment thereto or a com-
munity intermediate sanction center. Pursuant to this paragraph the
defendant shall not be sentenced to imprisonment if space is available in
a conservation camp or a community intermediate sanction center and
the defendant meets all of the conservation camp's or a community in-
termediate sanction center's placement criteria unless the court states on
the record the reasons for not placing the defendant in a conservation
camp or a community intermediate sanction center.

      The court in committing a defendant to the custody of the secretary of
corrections shall fix a term of confinement within the limits provided by
law. In those cases where the law does not fix a term of confinement for
the crime for which the defendant was convicted, the court shall fix the
term of such confinement.

      In addition to any of the above, the court shall order the defendant to
reimburse the state general fund for all or a part of the expenditures by
the state board of indigents' defense services to provide counsel and other
defense services to the defendant. In determining the amount and
method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment. The amount of attorney fees to be in-
cluded in the court order for reimbursement shall be the amount claimed
by appointed counsel on the payment voucher for indigents' defense serv-
ices or the amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less.

      (b) Dispositions which do not involve commitment to the custody of
the secretary of corrections shall not entail the loss by the defendant of
any civil rights. Placement of offenders in a conservation camp established
by the secretary of corrections pursuant to K.S.A. 75-52,127, and amend-
ments thereto, as a nonimprisonment disposition shall not entail the loss
by the defendant of any civil rights.

      (c) This section shall not deprive the court of any authority conferred
by any other Kansas statute to decree a forfeiture of property, suspend
or cancel a license, remove a person from office, or impose any other civil
penalty as a result of conviction of crime.

      (d) An application for or acceptance of probation or assignment to a
community correctional services program shall not constitute an acqui-
escence in the judgment for purpose of appeal, and any convicted person
may appeal from such conviction, as provided by law, without regard to
whether such person has applied for probation, suspended sentence or
assignment to a community correctional services program.

      (e) The secretary of corrections is authorized to make direct placement
to the Labette correctional conservation camp or a conservation camp
established by the secretary pursuant to K.S.A. 75-52,127, and amend-
ments thereto, of an inmate sentenced to the secretary's custody if the
inmate: (1) Has been sentenced to the secretary for a probation revoca-
tion, as a departure from the presumptive nonimprisonment grid block
of either sentencing grid, or for an offense which is classified in grid blocks
5-H, 5-I, or 6-G of the sentencing guidelines grid for nondrug crimes or
in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of the sentencing
guidelines grid for drug crimes; and (2) otherwise meets admission cri-
teria of the camp. If the inmate successfully completes the six-month a
conservation camp program, the secretary of corrections shall report such
completion to the sentencing court and the county or district attorney.
The inmate shall then be assigned by the court to six months of follow-
up supervision conducted by the appropriate community corrections serv-
ices program. The court may also order that supervision continue there-
after for the length of time authorized by K.S.A. 21-4611 and
amendments thereto.

      (f) When it is provided by law that a person shall be sentenced pursuant
to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of this
section shall not apply.

      Sec. 4. K.S.A. 21-4606b is hereby amended to read as follows: 21-
4606b. (a) If probation is not granted pursuant to K.S.A. 21-4606a, and
amendments thereto, subject to the provisions of K.S.A. 75-5291, and
amendments thereto, the presumptive sentence for a person convicted of
a class D or E felony shall be assignment to a community correctional
services program on terms the court determines.

      (b) In determining whether to impose the presumptive sentence pro-
vided by this section, the court shall consider whether any of the following
aggravating circumstances existed:

      (1) Whether the crime is a felony violation of the uniform controlled
substances act or an attempt to commit such an offense;

      (2) whether the crime is a crime specified in article 34, 35 or 36 of
chapter 21 of the Kansas Statutes Annotated or an attempt to commit
such an offense; or

      (3) any prior record of the person's having been convicted of a felony
or having been adjudicated to have committed, while a juvenile, an of-
fense which would constitute a felony if committed by an adult.

      (c) The provisions of this section shall not apply to crimes committed
on or after July 1, 1993.

      Sec. 5. K.S.A. 1999 Supp. 21-4610 is hereby amended to read as fol-
lows: 21-4610. (a) Except as required by this subsection and subsection
(d), nothing in this section shall be construed to limit the authority of the
court to impose or modify any general or specific conditions of probation,
suspension of sentence or assignment to a community correctional serv-
ices program, except that the court shall condition any order granting
probation, suspension of sentence or assignment to a community correc-
tional services program on the defendant's obedience of the laws of the
United States, the state of Kansas and any other jurisdiction to the laws
of which the defendant may be subject. The provisions of K.S.A. 75-5291,
and amendments thereto, shall be applicable to any assignment to a com-
munity correctional services program pursuant to this section.

      (b) The court services officer or community correctional services officer
may recommend, and the court may order, the imposition of any condi-
tions of probation, suspension of sentence or assignment to a community
correctional services program. For crimes committed on or after July 1,
1993, in presumptive nonprison cases, the court services officer or com-
munity correctional services officer may recommend, and the court may
order, the imposition of any conditions of probation or assignment to a
community correctional services program. The court may at any time
order the modification of such conditions, after notice to the court serv-
ices officer or community correctional services officer and an opportunity
for such officer to be heard thereon. The court shall cause a copy of any
such order to be delivered to the court services officer and the proba-
tioner or to the community correctional services officer and the com-
munity corrections participant, as the case may be. The provisions of
K.S.A. 75-5291, and amendments thereto, shall be applicable to any as-
signment to a community correctional services program pursuant to this
section.

      (c) The court may impose any conditions of probation, suspension of
sentence or assignment to a community correctional services program
that the court deems proper, including but not limited to requiring that
the defendant:

      (1) Avoid such injurious or vicious habits, as directed by the court, court
services officer or community correctional services officer;

      (2) avoid such persons or places of disreputable or harmful character,
as directed by the court, court services officer or community correctional
services officer;

      (3) report to the court services officer or community correctional serv-
ices officer as directed;

      (4) permit the court services officer or community correctional services
officer to visit the defendant at home or elsewhere;

      (5) work faithfully at suitable employment insofar as possible;

      (6) remain within the state unless the court grants permission to leave;

      (7) pay a fine or costs, applicable to the offense, in one or several sums
and in the manner as directed by the court;

      (8) support the defendant's dependents;

      (9) reside in a residential facility located in the community and partic-
ipate in educational, counseling, work and other correctional or rehabil-
itative programs;

      (10) perform community or public service work for local governmental
agencies, private corporations organized not for profit, or charitable or
social service organizations performing services for the community;

      (11) perform services under a system of day fines whereby the defend-
ant is required to satisfy fines, costs or reparation or restitution obligations
by performing services for a period of days determined by the court on
the basis of ability to pay, standard of living, support obligations and other
factors;

      (12) participate in a house arrest program pursuant to K.S.A. 21-4603b,
and amendments thereto;

      (13) order the defendant to pay the administrative fee authorized by
K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless waived by
the court; or

      (14) in felony cases, except for violations of K.S.A. 8-1567 and amend-
ments thereto, be confined in a county jail not to exceed 30 60 days,
which need not be served consecutively.

      (d) In addition to any other conditions of probation, suspension of
sentence or assignment to a community correctional services program,
the court shall order the defendant to comply with each of the following
conditions:

      (1) Make reparation or restitution to the aggrieved party for the damage
or loss caused by the defendant's crime, in an amount and manner de-
termined by the court and to the person specified by the court, unless
the court finds compelling circumstances which would render a plan of
restitution unworkable. If the court finds a plan of restitution unworkable,
the court shall state on the record in detail the reasons therefor;

      (2) pay the probation or community correctional services fee pursuant
to K.S.A. 21-4610a, and amendments thereto; and

      (3) reimburse the state general fund for all or a part of the expenditures
by the state board of indigents' defense services to provide counsel and
other defense services to the defendant. In determining the amount and
method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or of any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose manifest hardship on the defendant or the defendant's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment. The amount of attorney fees to be in-
cluded in the court order for reimbursement shall be the amount claimed
by appointed counsel on the payment voucher for indigents' defense serv-
ices or the amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less.

      Sec. 6. K.S.A. 1999 Supp. 21-4611 is hereby amended to read as fol-
lows: 21-4611. (a) The period of suspension of sentence, probation or
assignment to community corrections fixed by the court shall not exceed
five years in felony cases involving crimes committed prior to July 1, 1993,
or two years in misdemeanor cases, subject to renewal and extension for
additional fixed periods not exceeding five years in such felony cases, nor
two years in misdemeanor cases. In no event shall the total period of
probation, suspension of sentence or assignment to community correc-
tions for a felony committed prior to July 1, 1993, exceed the greatest
maximum term provided by law for the crime, except that where the
defendant is convicted of nonsupport of a child, the period may be con-
tinued as long as the responsibility for support continues. Probation, sus-
pension of sentence or assignment to community corrections may be ter-
minated by the court at any time and upon such termination or upon
termination by expiration of the term of probation, suspension of sentence
or assignment to community corrections, an order to this effect shall be
entered by the court. The provisions of K.S.A. 75-5291, and amendments
thereto, shall be applicable to any assignment to a community correctional
services program pursuant to this section.

      (b) The district court having jurisdiction of the offender may parole
any misdemeanant sentenced to confinement in the county jail. The pe-
riod of such parole shall be fixed by the court and shall not exceed two
years and shall be terminated in the manner provided for termination of
suspended sentence and probation.

      (c) For all crimes committed on or after July 1, 1993, the recommended
duration of probation in all felony cases sentenced for the following se-
verity levels on the sentencing guidelines grid for nondrug crimes and the
sentencing guidelines grid for drug crimes is as follows:

      (1) For nondrug crimes the recommended duration of probations is:

      (A) Thirty-six months for crimes in crime severity levels 1 through 5;
and

      (B) 24 months for crimes in crime severity levels 6 through 10 and 7;
and.

      (2) For drug crimes:

      (A) Thirty-six the recommended duration of probation is 36 months for
crimes in crime severity levels 1 through 3 and 2; and.

      (B) 24 months for crimes in crime severity level 4.

      (3) In felony cases sentenced at severity levels 9 and 10 on the sen-
tencing guidelines grid for nondrug crimes and severity level 4 on the
sentencing guidelines grid for drug crimes, if a nonprison sanction is im-
posed, the court shall order the defendant to serve a period of probation,
or assignment to a community correctional services program as provided
under K.S.A. 75-5291 et seq., and amendments thereto, of up to 12 months
in length.

      (4) In felony cases sentenced at severity level 8 on the sentencing guide-
lines grid for nondrug crimes and severity level 3 on the sentencing guide-
lines grid for drug crimes, if a nonprison sanction is imposed, the court
shall order the defendant to serve a period of probation, or assignment to
a community correctional services program, as provided under K.S.A. 75-
5291 et seq., and amendments thereto, of up to 18 months in length.

      (5) If the court finds and sets forth with particularity the reasons for
finding that the safety of the members of the public will be jeopardized
or that the welfare of the inmate will not be served by the length of the
probation terms provided in subsections (c)(3) and (c)(4), the court may
impose a longer period of probation. Such an increase shall not be con-
sidered a departure and shall not be subject to appeal.

      (6) Except as provided in subsections (c)(4) and (c)(5) (c)(7) and (c)(8),
the total period in all cases shall not exceed 60 months, or the maximum
period of the prison sentence that could be imposed whichever is longer.
Nonprison sentences may be terminated by the court at any time.

 (4) (7) If the defendant is convicted of nonsupport of a child, the period
may be continued as long as the responsibility for support continues. If
the defendant is ordered to pay full or partial restitution, the period may
be continued as long as the amount of restitution ordered has not been
paid.

 (5) (8) The court may modify or extend the offender's period of su-
pervision, pursuant to a modification hearing and a judicial finding of
necessity. Such extensions may be made for a maximum period of five
years or the maximum period of the prison sentence that could be im-
posed, whichever is longer, inclusive of the original supervision term.

      (d) The provisions of subsection (c), as amended by this act, shall be
applied retroactively. The sentencing court shall direct that a review of
all persons serving a nonprison sanction for a crime in severity levels 8,
9 or 10 of the sentencing guidelines grid for nondrug crimes or a crime
in severity levels 3 or 4 of the sentencing guidelines grid for drug crimes
be conducted. On or before September 1, 2000, the duration of such per-
son's probation shall be modified in conformity with the provisions of
subsection (c).

      Sec. 7. K.S.A. 22-3431 is hereby amended to read as follows: 22-3431.
(a) Whenever it appears to the chief medical officer of the institution to
which a defendant has been committed under K.S.A. 22-3430 and amend-
ments thereto, that the defendant will not be improved by further deten-
tion in such institution, the chief medical officer shall give written notice
thereof to the district court where the defendant was convicted. Such
notice shall include, but not be limited to: (1) Identification of the patient;
(2) the course of treatment; (3) a current assessment of the defendant's
psychiatric condition; (4) recommendations for future treatment, if any;
and (5) recommendations regarding discharge, if any.

      (b) Upon receiving such notice, the district court shall order that a
hearing be held. The court shall give notice of the hearing to: (1) The
state hospital or state security hospital where the defendant is under com-
mitment; (2) the district or county attorney of the county from which the
defendant was originally committed; (3) the defendant; and (4) the de-
fendant's attorney. The court shall inform the defendant that such de-
fendant is entitled to counsel and that counsel will be appointed to rep-
resent the defendant if the defendant is not financially able to employ an
attorney as provided in K.S.A. 22-4503 et seq. and amendments thereto.
The hearing shall be held within 30 days after the receipt by the court of
the chief medical officer's notice.

      (c) At the hearing, the defendant shall be sentenced, committed,
granted probation, assigned to a community correctional services pro-
gram, as provided by K.S.A. 75-5291 and amendments thereto, or dis-
charged as the court deems best under the circumstance. The time spent
in a state or local institution pursuant to a commitment under K.S.A. 22-
3430 and amendments thereto shall be credited against any sentence,
confinement or imprisonment imposed on the defendant.

      Sec. 8. K.S.A. 22-3716 is hereby amended to read as follows: 22-3716.
(a) At any time during probation, assignment to a community correctional
services program, suspension of sentence or pursuant to subsection (d)
for defendants who committed a crime prior to July 1, 1993, and at any
time during which a defendant is serving a nonprison sanction for a crime
committed on or after July 1, 1993, or pursuant to subsection (d), the
court may issue a warrant for the arrest of a defendant for violation of
any of the conditions of release or assignment, a notice to appear to an-
swer to a charge of violation or a violation of the defendant's nonprison
sanction. The notice shall be personally served upon the defendant. The
warrant shall authorize all officers named in the warrant to return the
defendant to the custody of the court or to any certified detention facility
designated by the court. Any court services officer or community correc-
tional services officer may arrest the defendant without a warrant or may
deputize any other officer with power of arrest to do so by giving the
officer a written statement setting forth that the defendant has, in the
judgment of the court services officer or community correctional services
officer, violated the conditions of the defendant's release or a nonprison
sanction. The written statement delivered with the defendant by the ar-
resting officer to the official in charge of a county jail or other place of
detention shall be sufficient warrant for the detention of the defendant.
After making an arrest, the court services officer or community correc-
tional services officer shall present to the detaining authorities a similar
statement of the circumstances of violation. Provisions regarding release
on bail of persons charged with a crime shall be applicable to defendants
arrested under these provisions.

      (b) Upon arrest and detention pursuant to subsection (a), the court
services officer or community correctional services officer shall immedi-
ately notify the court and shall submit in writing a report showing in what
manner the defendant has violated the conditions of release or assignment
or a nonprison sanction. Thereupon, or upon an arrest by warrant as
provided in this section, the court shall cause the defendant to be brought
before it without unnecessary delay for a hearing on the violation charged.
The hearing shall be in open court and the state shall have the burden of
establishing the violation. The defendant shall have the right to be rep-
resented by counsel and shall be informed by the judge that, if the de-
fendant is financially unable to obtain counsel, an attorney will be ap-
pointed to represent the defendant. The defendant shall have the right
to present the testimony of witnesses and other evidence on the defend-
ant's behalf. Relevant written statements made under oath may be ad-
mitted and considered by the court along with other evidence presented
at the hearing. Except as otherwise provided, if the violation is established,
the court may continue or revoke the probation, assignment to a com-
munity correctional services program, suspension of sentence or nonpri-
son sanction and may require the defendant to serve the sentence im-
posed, or any lesser sentence, and, if imposition of sentence was
suspended, may impose any sentence which might originally have been
imposed. Except as otherwise provided, no offender for whom a violation
of conditions of release or assignment or a nonprison sanction has been
established as provided in this section shall be required to serve any time
for the sentence imposed or which might originally have been imposed in
a state facility in the custody of the secretary of corrections for such
violation, unless such person has already at least one prior assignment to
a community correctional services program related to the crime for which
the original sentence was imposed, except these provisions shall not apply
to offenders who violate a condition of release or assignment or a non-
prison sanction by committing a new misdemeanor or felony offense. The
court may require an offender for whom a violation of conditions of re-
lease or assignment or a nonprison sanction has been established as pro-
vided in this section to serve any time for the sentence imposed or which
might originally have been imposed in a state facility in the custody of
the secretary of corrections without a prior assignment to a community
correctional services program if the court finds and sets forth with par-
ticularity the reasons for finding that the safety of the members of the
public will be jeopardized or that the welfare of the inmate will not be
served by such assignment to a community correctional services program.
When a new felony is committed while the offender is on probation or
assignment to a community correctional services program, the new sen-
tence shall be imposed pursuant to the consecutive sentencing require-
ments of K.S.A. 21-4608 and amendments thereto, and the court may
sentence the offender to imprisonment for the new conviction, even when
the new crime of conviction otherwise presumes a nonprison sentence.
In this event, imposition of a prison sentence for the new crime does not
constitute a departure.

      (c) A defendant who is on probation, assigned to a community correc-
tional services program, under suspension of sentence or serving a non-
prison sanction and for whose return a warrant has been issued by the
court shall be considered a fugitive from justice if it is found that the
warrant cannot be served. If it appears that the defendant has violated
the provisions of the defendant's release or assignment or a nonprison
sanction, the court shall determine whether the time from the issuing of
the warrant to the date of the defendant's arrest, or any part of it, shall
be counted as time served on probation, assignment to a community cor-
rectional services program, suspended sentence or pursuant to a nonpri-
son sanction.

      (d) The court shall have 30 days following the date probation, assign-
ment to a community correctional service program, suspension of sen-
tence or a nonprison sanction was to end to issue a warrant for the arrest
or notice to appear for the defendant to answer a charge of a violation of
the conditions of probation, assignment to a community correctional serv-
ice program, suspension of sentence or a nonprison sanction.

      (e) Notwithstanding the provisions of any other law to the contrary, an
offender whose nonprison sanction is revoked and a term of imprisonment
imposed pursuant to either the sentencing guidelines grid for nondrug or
drug crimes shall not serve a period of postrelease supervision upon the
completion of the prison portion of that sentence. The provisions of this
subsection shall not apply to offenders sentenced to a nonprison sanction
pursuant to a dispositional departure, whose offense falls within a border
box of either the sentencing guidelines grid for nondrug or drug crimes,
offenders sentenced for a "sexually violent crime" as defined by K.S.A. 22-
3717, and amendments thereto, or whose nonprison sanction was revoked
as a result of a conviction for a new misdemeanor or felony offense. The
provisions of this subsection shall not apply to offenders who are serving
or are to begin serving a sentence for any other felony offense that is not
excluded from postrelease supervision by this subsection on the effective
date of this subsection. The provisions of this subsection shall be applied
retroactively. The department of corrections shall conduct a review of all
persons who are in the custody of the department as a result of only a
revocation of a nonprison sanction. On or before September 1, 2000, the
department shall have discharged from postrelease supervision those of-
fenders as required by this subsection.

      Sec. 9. K.S.A. 1999 Supp. 22-3717 is hereby amended to read as fol-
lows: 22-3717. (a) Except as otherwise provided by this section, K.S.A.
1993 Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-
4638 and amendments thereto, an inmate, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court,
less good time credits.

      (b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
amendments thereto, an inmate sentenced to imprisonment for the crime
of capital murder, or an inmate sentenced for the crime of murder in the
first degree based upon a finding of premeditated murder, committed on
or after July 1, 1994, shall be eligible for parole after serving 25 years of
confinement, without deduction of any good time credits.

      (2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp.
21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638, and
amendments thereto, an inmate sentenced to imprisonment for an off-
grid offense committed on or after July 1, 1993, but prior to July 1, 1999,
shall be eligible for parole after serving 15 years of confinement, without
deduction of any good time credits and an inmate sentenced to impris-
onment for an off-grid offense committed on or after July 1, 1999, shall
be eligible for parole after serving 20 years of confinement without de-
duction of any good time credits.

      (3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal,
an inmate sentenced for a class A felony committed before July 1, 1993,
including an inmate sentenced pursuant to K.S.A. 21-4618 and amend-
ments thereto, shall be eligible for parole after serving 15 years of con-
finement, without deduction of any good time credits.

      (4) An inmate sentenced to imprisonment for a violation of subsection
(a) of K.S.A. 21-3402 and amendments thereto committed on or after
July 1, 1996, but prior to July 1, 1999, shall be eligible for parole after
serving 10 years of confinement without deduction of any good time cred-
its.

      (c) Except as provided in subsection (e), if an inmate is sentenced to
imprisonment for more than one crime and the sentences run consecu-
tively, the inmate shall be eligible for parole after serving the total of:

      (1) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608 and amendments thereto, less good time credits for those
crimes which are not class A felonies; and

      (2) an additional 15 years, without deduction of good time credits, for
each crime which is a class A felony.

      (d) (1) Persons sentenced for crimes, other than off-grid crimes, com-
mitted on or after July 1, 1993, will not be eligible for parole, but will be
released to a mandatory period of postrelease supervision upon comple-
tion of the prison portion of their sentence as follows:

      (A) Except as provided in subparagraphs (C) and (D) and (E), persons
sentenced for nondrug severity level 1 through 6 4 crimes and drug se-
verity levels 1 through 3 and 2 crimes must serve 36 months, plus the
amount of good time earned and retained pursuant to K.S.A. 21-4722
and amendments thereto, on postrelease supervision.

      (B) Except as provided in subparagraphs (D) and (E), persons sen-
tenced for nondrug severity levels 5 and 6 crimes and drug severity level
3 crimes must serve 24 months, plus the amount of good time earned and
retained pursuant to K.S.A. 21-4722, and amendments thereto, on post-
release supervision.

      (C) Except as provided in subparagraphs (C) and (D) and (E), persons
sentenced for nondrug severity level 7 through 10 crimes and drug se-
verity level 4 crimes must serve 24 12 months, plus the amount of good
time earned and retained pursuant to K.S.A. 21-4722 and amendments
thereto, on postrelease supervision.

      (C) (D) (i) The sentencing judge shall impose the postrelease super-
vision period provided in subparagraph (d)(1)(A) or, (d)(1)(B) or
(d)(1)(C), unless the judge finds substantial and compelling reasons to
impose a departure based upon a finding that the current crime of con-
viction was sexually violent or sexually motivated. In that event, departure
may be imposed to extend the postrelease supervision to a period of up
to 60 months.

      (ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure. De-
partures in this section are subject to appeal pursuant to K.S.A. 21-4721
and amendments thereto.

      (iii) In determining whether substantial and compelling reasons exist,
the court shall consider:

      (a) Written briefs or oral arguments submitted by either the defendant
or the state;

      (b) any evidence received during the proceeding;

      (c) the presentence report, the victim's impact statement and any psy-
chological evaluation as ordered by the court pursuant to subsection (e)
of K.S.A. 21-4714 and amendments thereto; and

      (d) any other evidence the court finds trustworthy and reliable.

      (iv) The sentencing judge may order that a psychological evaluation be
prepared and the recommended programming be completed by the of-
fender. The department of corrections or the parole board shall ensure
that court ordered sex offender treatment be carried out.

      (v) In carrying out the provisions of subparagraph (d)(1)(C) (d)(1)(D),
the court shall refer to K.S.A. 21-4718 and amendments thereto.

      (vi) Upon petition, the parole board may provide for early discharge
from the postrelease supervision period upon completion of court or-
dered programs and completion of the presumptive postrelease super-
vision period, as determined by the crime of conviction, pursuant to sub-
paragraph (d)(1)(A) or (B), (d)(1)(B) or (d)(1)(C). Early discharge from
postrelease supervision is at the discretion of the parole board.

      (vii) Persons convicted of crimes deemed sexually violent or sexually
motivated, shall be registered according to the habitual sex offender reg-
istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.

      (D) (E) The period of postrelease supervision provided in subpara-
graphs (A) and (B) may be reduced by up to 12 months and the period
of postrelease supervision provided in subparagraph (C) may be reduced
by up to six months based on the offender's compliance with conditions
of supervision and overall performance while on postrelease supervision.
The reduction in the supervision period shall be on an earned basis pur-
suant to rules and regulations adopted by the secretary of corrections.

      (E) (F) In cases where sentences for crimes from more than one se-
verity level have been imposed, the offender shall serve the longest period
of postrelease supervision as provided by this section available for any
crime upon which sentence was imposed irrespective of the severity level
of the crime. Supervision periods will not aggregate.

      (2) As used in this section, "sexually violent crime" means:

      (A) Rape, K.S.A. 21-3502, and amendments thereto;

      (B) indecent liberties with a child, K.S.A. 21-3503, and amendments
thereto;

      (C) aggravated indecent liberties with a child, K.S.A. 21-3504, and
amendments thereto;

      (D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
and amendments thereto;

      (E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments
thereto;

      (F) indecent solicitation of a child, K.S.A. 21-3510, and amendments
thereto;

      (G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and
amendments thereto;

      (H) sexual exploitation of a child, K.S.A. 21-3516, and amendments
thereto;

      (I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;

      (J) any conviction for a felony offense in effect at any time prior to the
effective date of this act, that is comparable to a sexually violent crime as
defined in subparagraphs (A) through (I), or any federal or other state
conviction for a felony offense that under the laws of this state would be
a sexually violent crime as defined in this section;

      (K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
21-3301, 21-3302, 21-3303, and amendments thereto, of a sexually violent
crime as defined in this section; or

      (L) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, "sexually motivated" means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant's sexual gratification.

      (e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the Kansas parole board
may postpone the inmate's parole eligibility date by assessing a penalty
not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.

      (f) If a person is sentenced to prison for a crime committed on or after
July 1, 1993, while on probation, parole, conditional release or in a com-
munity corrections program, for a crime committed prior to July 1, 1993,
and the person is not eligible for retroactive application of the sentencing
guidelines and amendments thereto pursuant to K.S.A. 21-4724 and
amendments thereto, the new sentence shall not be aggregated with the
old sentence, but shall begin when the person is paroled or reaches the
conditional release date on the old sentence. If the offender was past the
offender's conditional release date at the time the new offense was com-
mitted, the new sentence shall not be aggregated with the old sentence
but shall begin when the person is ordered released by the Kansas parole
board or reaches the maximum sentence expiration date on the old sen-
tence, whichever is earlier. The new sentence shall then be served as
otherwise provided by law. The period of postrelease supervision shall be
based on the new sentence, except that those offenders whose old sen-
tence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993
Supp. 21-4628 prior to its repeal, or an indeterminate sentence with a
maximum term of life imprisonment, for which there is no conditional
release or maximum sentence expiration date, shall remain on postrelease
supervision for life or until discharged from supervision by the Kansas
parole board.

      (g) Subject to the provisions of this section, the Kansas parole board
may release on parole those persons confined in institutions who are el-
igible for parole when: (1) The board believes that the inmate should be
released for hospitalization, for deportation or to answer the warrant or
other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the com-
munity or to the inmate; or (2) the secretary of corrections has reported
to the board in writing that the inmate has satisfactorily completed the
programs required by any agreement entered under K.S.A. 75-5210a and
amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a
law abiding citizen and is of the opinion that there is reasonable proba-
bility that the inmate can be released without detriment to the community
or to the inmate. Parole shall not be granted as an award of clemency and
shall not be considered a reduction of sentence or a pardon.

      (h) The Kansas parole board shall hold a parole hearing at least the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least the month preceding the parole hear-
ing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or,
if the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone
a parole hearing. In the case of any inmate convicted of a class A felony
the secretary of corrections shall give written notice of the time and place
of the public comment session for such inmate at least one month pre-
ceding the public comment session to any victim of such inmate's crime
or the victim's family pursuant to K.S.A. 74-7338 and amendments
thereto. If notification is not given to such victim or such victim's family
in the case of any inmate convicted of a class A felony, the board shall
postpone a decision on parole of the inmate to a time at least 30 days
after notification is given as provided in this section. Nothing in this sec-
tion shall create a cause of action against the state or an employee of the
state acting within the scope of the employee's employment as a result
of the failure to notify pursuant to this section. If granted parole, the
inmate may be released on parole on the date specified by the board, but
not earlier than the date the inmate is eligible for parole under subsec-
tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
at such intervals thereafter as it determines appropriate, the Kansas parole
board shall consider: (1) Whether the inmate has satisfactorily completed
the programs required by any agreement entered under K.S.A. 75-5210a
and amendments thereto, or any revision of such agreement; and (2) all
pertinent information regarding such inmate, including, but not limited
to, the circumstances of the offense of the inmate; the presentence report;
the previous social history and criminal record of the inmate; the conduct,
employment, and attitude of the inmate in prison; the reports of such
physical and mental examinations as have been made; comments of the
victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.

      (i) In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the parole board will review the inmates proposed
release plan. The board may schedule a hearing if they desire. The board
may impose any condition they deem necessary to insure public safety,
aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and
amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain
in the legal custody of the secretary of corrections and is subject to the
orders of the secretary.

      (j) Before ordering the parole of any inmate, the Kansas parole board
shall have the inmate appear before either in person or via a video con-
ferencing format and shall interview the inmate unless impractical be-
cause of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary.
Whenever the Kansas parole board formally considers placing an inmate
on parole and no agreement has been entered into with the inmate under
K.S.A. 75-5210a and amendments thereto, the board shall notify the in-
mate in writing of the reasons for not granting parole. If an agreement
has been entered under K.S.A. 75-5210a and amendments thereto and
the inmate has not satisfactorily completed the programs specified in the
agreement, or any revision of such agreement, the board shall notify the
inmate in writing of the specific programs the inmate must satisfactorily
complete before parole will be granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board
shall grant parole upon the secretary's certification that the inmate has
successfully completed such programs. If an agreement has been entered
under K.S.A. 75-5210a and amendments thereto and the secretary of
corrections has reported to the board in writing that the inmate has sat-
isfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program participa-
tion. However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A
or class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
parole board finds that it is not reasonable to expect that parole would
be granted at a hearing if held in the next three years or during the interim
period of a deferral. In such case, the parole board may defer subsequent
parole hearings for up to three years but any such deferral by the board
shall require the board to state the basis for its findings. If parole is denied
for an inmate sentenced for a class A or class B felony or an off-grid
felony, the board shall hold another parole hearing for the inmate not
later than three years after the denial unless the parole board finds that
it is not reasonable to expect that parole would be granted at a hearing if
held in the next 10 years or during the interim period of a deferral. In
such case, the parole board may defer subsequent parole hearings for up
to 10 years but any such deferral shall require the board to state the basis
for its findings.

      (k) Parolees and persons on postrelease supervision shall be assigned,
upon release, to the appropriate level of supervision pursuant to the cri-
teria established by the secretary of corrections.

      (l) The Kansas parole board shall adopt rules and regulations in ac-
cordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
consistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to
be imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.

      (m) Whenever the Kansas parole board orders the parole of an inmate
or establishes conditions for an inmate placed on postrelease supervision,
the board:

      (1) Unless it finds compelling circumstances which would render a plan
of payment unworkable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision pay
any transportation expenses resulting from returning the parolee or the
person on postrelease supervision to this state to answer criminal charges
or a warrant for a violation of a condition of probation, assignment to a
community correctional services program, parole, conditional release or
postrelease supervision;

      (2) to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease su-
pervision make progress towards or successfully complete the equivalent
of a secondary education if the inmate has not previously completed such
educational equivalent and is capable of doing so;

      (3) may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental agen-
cies, private corporations organized not-for-profit or charitable or social
service organizations performing services for the community;

      (4) may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to K.S.A. 1999 Supp. 22-4529
unless the board finds compelling circumstances which would render pay-
ment unworkable; and

      (5) unless it finds compelling circumstances which would render a plan
of payment unworkable, shall order that the parolee or person on post-
release supervision reimburse the state for all or part of the expenditures
by the state board of indigents' defense services to provide counsel and
other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of
the financial resources of the person and the nature of the burden that
the payment of such sum will impose. Such amount shall not exceed the
amount claimed by appointed counsel on the payment voucher for indi-
gents' defense services or the amount prescribed by the board of indi-
gents' defense services reimbursement tables as provided in K.S.A. 22-
4522 and amendments thereto, whichever is less, minus any previous
payments for such services.

      (n) If the court which sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the Kansas parole board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would ren-
der a plan of restitution unworkable.

      (o) Whenever the Kansas parole board grants the parole of an inmate,
the board, within 10 days of the date of the decision to grant parole, shall
give written notice of the decision to the county or district attorney of the
county where the inmate was sentenced.

      (p) When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.

      (q) Inmates shall be released on postrelease supervision upon the ter-
mination of the prison portion of their sentence. Time served while on
postrelease supervision will vest.

      (r) An inmate who is allocated regular good time credits as provided in
K.S.A. 22-3725 and amendments thereto may receive meritorious good
time credits in increments of not more than 90 days per meritorious act.
These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing
injury or death to a person, preventing the destruction of property or
taking actions which result in a financial savings to the state.

      (s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and
(d)(1)(E) shall be applied retroactively as provided in subsection (t).

      (t) For offenders sentenced prior to the effective date of this act who
are eligible for modification of their postrelease supervision obligation,
the department of corrections shall modify the period of postrelease su-
pervision as provided for by this section for offenders convicted of severity
level 9 and 10 crimes on the sentencing guidelines grid for nondrug crimes
and severity level 4 crimes on the sentencing guidelines grid for drug
crimes on or before September 1, 2000; for offenders convicted of severity
level 7 and 8 crimes on the sentencing guidelines grid for nondrug crimes
on or before November 1, 2000; and for offenders convicted of severity
level 5 and 6 crimes on the sentencing guidelines grid for nondrug crimes
and severity level 3 crimes on the sentencing guidelines grid for drug
crimes on or before January 1, 2001.

      Sec. 10. K.S.A. 75-52,129 is hereby amended to read as follows: 75-
52,129. (a) The secretary of corrections is hereby authorized to negotiate
and enter into contracts with Kansas cities and counties for the placement
of inmates, who are classified as medium custody or any higher custody
or security classification, in facilities owned and operated by the cities
and counties. If the secretary of corrections proposes to place any inmates
classified as medium custody or any higher custody classification for con-
finement in facilities other than correctional or other institutions or fa-
cilities owned and operated by the department of corrections or any other
state agency, the secretary of corrections shall give first consideration to
entering into contracts with Kansas cities and counties under this section
before attempting to place any such inmate for confinement at any lo-
cation outside the state of Kansas if the facilities to be provided under
such contracts are substantially equal to facilities at locations outside the
state of Kansas and if arrangements can be made in a timely manner.
Except as provided in subsection (b), the provisions of this section and
any contract or preliminary letter of commitment entered into pursuant
to this section shall not apply to any minimum custody or community
custody status inmates, or any other custody or security classification
lower than medium custody, or to any inmate who may be placed in a
work release or prerelease program, center or facility by the secretary of
corrections, who is eligible for parole or who is placed pursuant to the
interstate corrections compact. Contracts entered into pursuant to this
section shall not be subject to competitive bid requirements under K.S.A.
75-3739 and amendments thereto.

      (b) The secretary shall not enter into any contract as provided in sub-
section (a) with any city or county of this state for the placement of in-
mates that does not provide that such city or county shall provide and
maintain appropriate and recognized standards of safety, health and se-
curity.

      Sec. 11. K.S.A. 1999 Supp. 75-5291 is hereby amended to read as fol-
lows: 75-5291. (a) (1) The secretary of corrections may make grants to
counties for the development, implementation, operation and improve-
ment of community correctional services including, but not limited to,
restitution programs, victim services programs, preventive or diversionary
correctional programs, community corrections centers and facilities for
the detention or confinement, care or treatment of adults charged with
or convicted of crime offenders as provided in this section except that no
community corrections funds shall be expended by the secretary for the
purpose of establishing or operating a conservation camp as provided by
K.S.A. 75-52,127 and amendments thereto.

      (2) Placement of offenders in community correctional services programs
by the court shall be limited to placement of adult offenders, convicted of
a felony offense:

      (A) Whose offense is classified in grid blocks 5-H, 5-I or 6-G of the
sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F,
3-G, 3-H, 3-I, 4-E or 4-F of the sentencing guidelines grid for drug crimes.
In addition, the court may place in a community correctional services
program adult offenders, convicted of a felony offense, whose offense is
classified in grid blocks 6-H, 6-I, 7-C, 7-D, 7-E, 7-F, 7-G, 7-H or 7-I of
the sentencing guidelines grid for nondrug crimes;

      (B) whose severity level and criminal history score designate a pre-
sumptive prison sentence on either sentencing guidelines grid but receive
a nonprison sentence as a result of departure;

      (C) all offenders convicted of an offense which satisfies the definition
of offender pursuant to K.S.A. 22-4902, and amendments thereto, and
which is classified as a severity level 7 or higher offense and who receive
a nonprison sentence, regardless of the manner in which the sentence is
imposed;

      (D) any offender for whom a violation of conditions of release or as-
signment or a nonprison sanction has been established as provided in
K.S.A. 22-3716, and amendments thereto, prior to revocation resulting in
the offender being required to serve any time for the sentence imposed or
which might originally have been imposed in a state facility in the custody
of the secretary of corrections;

      (E) any offender who is determined to be "high risk or needs, or both"
by the use of a statewide, mandatory, standardized risk assessment tool
or instrument validated for community correctional placements; or

      (F) placed in community correctional services programs as a condition
of supervision following the successful completion of a conservation camp
program.

      (3) Nothing in this act shall prohibit a community correctional services
program from providing services to juvenile offenders upon approval by
the local community corrections advisory board. Grants from community
corrections funds administered by the secretary of corrections shall not
be expended for such services.

      (4) The court may require an offender for whom a violation of condi-
tions of release or assignment or a nonprison sanction has been estab-
lished, as provided in K.S.A. 22-3716, and amendments thereto, to serve
any time for the sentence imposed or which might originally have been
imposed in a state facility in the custody of the secretary of corrections
without a prior assignment to a community correctional services program
if the court finds and sets forth with particularity the reasons for finding
that the safety of the members of the public will be jeopardized or that
the welfare of the inmate will not be served by such assignment to a
community correctional services program.

      (b) (1) In order to establish a mechanism for community correctional
services to participate in the department of corrections annual budget
planning process, the secretary of corrections shall establish a community
corrections advisory committee to identify new or enhanced correctional
or treatment interventions designed to divert offenders from prison.

      (2) The secretary shall appoint one member from the southeast com-
munity corrections association region, one member from the northeast
community corrections association region, one member from the central
community corrections association region and one member from the
western community corrections association region. The deputy secretary
of community corrections and field services shall designate two members
from the state at large. The secretary shall have final appointment ap-
proval of the members designated by the deputy secretary. The commit-
tee shall reflect the diversity of community correctional services with re-
spect to geographical location and average daily population of offenders
under supervision.

      (3) Each member shall be appointed for a term of three years, except
of the initial appointments, such terms shall be staggered as determined
by the secretary. Members shall be eligible for reappointment.

      (4) The committee, in collaboration with the deputy secretary of com-
munity corrections and field services or the deputy secretary's designee,
shall routinely examine and report to the secretary on the following issues:

      (A) Efficiencies in the delivery of field supervision services;

      (B) offender assignment decisions;

      (C) effectiveness and enhancement of existing interventions; and

      (D) (C) identification of new interventions.

      (5) The committee's report concerning enhanced or new interventions
shall address:

      (A) A target population;

      (B) measurable goals and objectives;

      (C) (B) projected costs;

      (D) (C) the impact on public safety; and

      (E) (D) the evaluation process.

      (6) The committee shall submit its report to the secretary annually on
or before July 15 in order for the enhanced or new interventions to be
considered for inclusion within the department of corrections budget re-
quest for community correctional services or in the department's en-
hanced services budget request for the subsequent fiscal year.

      Sec. 12. (a) For the fiscal years ending June 30, 2001, and June 30,
2002, appropriations are hereby made, restrictions and limitations are
hereby imposed, and transfers, capital improvement projects, fees, re-
ceipts, disbursements and acts incidental to the foregoing are hereby di-
rected or authorized as provided in this act.

      (b) The agencies named in this act are hereby authorized to initiate
and complete the capital improvement projects specified and authorized
by this act or for which appropriations are made by this act, subject to
the restrictions and limitations imposed by this act.

      (c) The appropriations made by this act shall not be subject to the
provisions of K.S.A. 46-155 and amendments thereto.

      Sec. 13.

DEPARTMENT OF CORRECTIONS       (a) There is appropriated for the above agency from the state general
fund for the fiscal year ending June 30, 2001, the following:

Day reporting center state match

$190,000

Provided, That all expenditures from the day reporting center state match
account shall be made for the purpose of providing the required state
match for receipt of federal funds for day reporting centers: Provided
further, That such expenditures shall be for operation of day reporting
centers for one-half of fiscal year 2001: And provided further, That all
expenditures from the day reporting center state match account shall be
made pursuant to a contract which is hereby authorized to be entered
into by the secretary of corrections with a private entity for operation of
such day reporting centers: And provided further, That such contract shall
be designed to use day reporting centers to divert offenders who would
otherwise occupy prison space making additional prison space available
for violent offenders.

Community corrections

$879,484

Provided, That, notwithstanding the provisions of K.S.A. 75-52,103, and
amendments thereto, and in addition to the other purposes for which
expenditures may be made by the above agency from the community
corrections account of the state general fund from moneys appropriated
by this or other appropriation act of the 2000 regular session of the leg-
islature for fiscal year 2001, expenditures shall be made by the depart-
ment of corrections from the community corrections account for fiscal
year 2001 to distribute all moneys appropriated in such account to com-
munity corrections service providers to ensure all funds appropriated for
such purpose for fiscal year 2001 are expended to support community
corrections programs as authorized by law: Provided, however, That the
department of corrections shall not reclaim any unexpended community
corrections grant funds that are distributed for fiscal year 2001, but shall
expend all community corrections grant funds to maximize the use of
adult intensive supervised probation for offenders diverted from prison.

Construction of Ellsworth correctional facility housing unit       training center and warehouse	$617,752
El Dorado correctional facility--RDU housing	$253,086

Provided, That no expenditures shall be made from the El Dorado cor-
rectional facility--RDU housing account for the fiscal year ending June
30, 2001, without specific authorization by the director of the budget.

      (b) In addition to the other purposes for which expenditures may be
made by the department of corrections from the violent offender incar-
ceration and truth in sentencing incentive grants--federal fund for fiscal
year 2001 as authorized by section 81(c) of 2000 House Substitute for
Senate Bill No. 326 or by other appropriation act of the 2000 regular
session of the legislature, expenditures may be made by the department
of corrections from the violent offender incarceration and truth in sen-
tencing incentive grants--federal fund for fiscal year 2001 for the follow-
ing capital improvement project or projects, subject to the expenditure
limitation prescribed therefor:

Construction of Ellsworth correctional facility housing unit       training center and warehouse

$5,559,765

      (c) There is appropriated for the above agency from the following spe-
cial revenue fund or funds for the fiscal year ending June 30, 2001, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Lansing and Topeka correctional facilities capital improve-       ments revenue fund

No limit

Provided, That the department of corrections may make expenditures
from the Lansing and Topeka correctional facilities capital improvements
revenue fund for the capital improvement projects to (1) renovate and
equip J cellhouse at the Topeka correctional facility; (2) construct and
equip a laundry building and a training building at the Topeka correc-
tional facility; and (3) reconstruct and equip the vocational education,
maintenance and correctional industry space damaged in the fire of No-
vember, 1999: Provided further, That expenditures for Lansing fire dam-
age repair shall not exceed $1,100,000: And provided further, That such
capital improvement projects are hereby approved for the department of
corrections for the purposes of subsection (b) of K.S.A. 74-8905 and
amendments thereto and the authorization of the issuance of bonds by
the Kansas development finance authority in accordance with that statute:
Provided, however, That expenditures from this fund for such capital
improvement projects shall not exceed $4,400,000, plus all amounts re-
quired for cost of bond issuance, cost of interest on the bonds during the
projects and required reserves for the payment of principal and interest
on the bonds: And provided further, That all moneys received from the
issuance of any such bonds shall be deposited in the state treasury to the
credit of this fund.

      (d) There is appropriated for the above agency from the following spe-
cial revenue fund or funds for the fiscal year ending June 30, 2002, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Violent offender incarceration and truth in sentencing in-       centive grants--federal fund

No limit

Provided, That the department of corrections shall make expenditures
from the violent offender incarceration and truth in sentencing incentive
grants--federal fund for state fiscal year 2002 for operation of day re-
porting centers: Provided further, That all such expenditures for state
fiscal year 2002 shall be made pursuant to a contract which is hereby
authorized to be entered into by the secretary of corrections with a private
entity for operation of such day reporting centers: And provided further,
That such contract shall be designed to use day reporting centers to divert
offenders who would otherwise occupy prison space making additional
prison space available for violent offenders: And provided further, That
the approved budget for state fiscal year 2002 for this fund, except as
provided for operating expenditures for such day reporting centers, shall
include the total amount of all violent offender incarceration and truth in
sentencing incentive grant awards received by the above agency during
the federal fiscal year 2000: Provided, however, That expenditures from
the violent offenders incarceration and truth in sentencing incentive
grants--federal fund for state fiscal year 2002 for operating expenditures
for such day reporting centers shall not exceed $3,800,000.

      (e) There is appropriated for the above agency from the correctional
institutions building fund for the fiscal year ending June 30, 2001, for the
capital improvement project or projects specified as follows:

Chemical dependency unit renovation or new       construction

$300,000

Provided, That the secretary of corrections is hereby authorized to trans-
fer moneys during fiscal year 2001 from the capital improvements--re-
habilitation, remodeling, renovation and repair of correctional institutions
account of the correctional institutions building fund to an account or
accounts of the correctional institutions building fund of any institution
or facility under the jurisdiction of the secretary of corrections to be
expended during fiscal year 2001 by the institution or facility for capital
improvement projects, including security improvement projects and haz-
ardous waste cleanup at Lansing correctional facility, approved by the
secretary of corrections.

      (f) In addition to the other purposes for which expenditures may be
made by the department of corrections from the violent offender incar-
ceration and truth in sentencing incentive grants--federal fund for fiscal
year 2001 as authorized by this or any other appropriation act of the 2000
regular session of the legislature, expenditures may be made by the above
agency from the violent offender incarceration and the truth in sentencing
incentive grants--federal fund for operation of day reporting centers for
one-half of fiscal year 2001: Provided further, That all such expenditures
shall be made pursuant to a contract which is hereby authorized to be
entered into by the secretary of corrections with a private entity for op-
eration of such day reporting centers: And provided further, That such
contract shall be designed to use day reporting centers to divert offenders
who would otherwise occupy prison space making additional prison space
available for violent offenders: And provided further, That expenditures
from the violent offenders incarceration and truth in sentencing incentive
grants--federal fund for fiscal year 2001 for operation of such day re-
porting centers shall not exceed $1,710,000.

      (g) Notwithstanding the provisions of K.S.A. 75-5282, and amendments
thereto, and in addition to the other purposes for which expenditures may
be made by the above agency from the correctional industries fund as
authorized by this or other appropriation act of the 2000 regular session
of the legislature, expenditures may be made by the department of cor-
rections from the correctional industries fund for fiscal year 2001 for
community corrections conditional violator grants designed to divert pro-
bation violators from occupying prison bed space reducing the prison
population: Provided, That expenditures for such purpose from the cor-
rectional industries fund for fiscal year 2001 shall not exceed $750,000.

      (h) On July 1, 2000, the position limitation established by section 69(a)
of the 2000 House Substitute for Senate Bill No. 326 for the department
of corrections is hereby increased from 3,063.0 to 3,123.5.

      Sec. 14. (a) During the fiscal years ending June 30, 2000, and June 30,
2001, notwithstanding the provisions of K.S.A. 74-8905 and amendments
thereto, no bonds shall be issued by the Kansas development finance
authority for any capital improvement project for the construction or ex-
pansion of any prison or any other correctional facility for the department
of corrections unless such capital improvement project has been specifi-
cally approved by act of the legislature for the department of corrections
for the purposes of subsection (b) of K.S.A. 74-8905 and amendments
thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute for such
capital improvement project.

      (b) During the fiscal years ending June 30, 2000, and June 30, 2001,
notwithstanding the provisions of K.S.A. 74-8905 and amendments
thereto, the state finance council shall not approve any capital improve-
ment project for the construction or expansion of any prison or any other
correctional facility for the department of corrections for the purposes of
subsection (b) of K.S.A. 74-8905 and amendments thereto and the au-
thorization of the issuance of bonds by the Kansas development finance
authority in accordance with that statute for any such capital improvement
project.

      Sec. 15. K.S.A. 21-4602, 21-4606b, 22-3431, 22-3716 and 75-52,129
and K.S.A. 1999 Supp. 21-4603, 21-4603d, 21-4610, 21-4611, 22-3717
and 75-5291 are hereby repealed.

      Sec. 16. This act shall take effect and be in force from and after its
publication in the Kansas register.