Session 2000
Effective: July 1, 2000
SENATE BILL No. 488
An Act concerning crimes and punishment; relating to
sentencing in multiple conviction
cases; amending K.S.A. 1999 Supp. 21-4720 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
21-4720 is hereby amended to read as
follows: 21-4720. (a) The provisions of subsections (a), (b), (c),
(d), (e)
and (h) of K.S.A. 21-4608 and amendments thereto regarding
multiple
sentences shall apply to the sentencing of offenders for crimes
committed
on or after July 1, 1993, pursuant to the sentencing guidelines
system as
provided in this act. The mandatory consecutive requirements
contained
in subsections (c), (d) and (e) shall not apply if such application
would
result in a manifest injustice.
(b) The sentencing judge shall otherwise
have discretion to impose
concurrent or consecutive sentences in multiple conviction cases.
The
sentencing judge shall state on the record if the sentence is to be
served
concurrently or consecutively. In cases where consecutive sentences
may
be imposed by the sentencing judge, the following shall apply:
(1) When the sentencing judge imposes
multiple sentences consec-
utively, the consecutive sentences shall consist of an imprisonment
term
which is the sum of the consecutive imprisonment terms, and a
super-
vision term. The postrelease supervision term will be based on the
longest
supervision term imposed for any of the crimes.
(2) The sentencing judge must establish a
base sentence for the pri-
mary crime. The primary crime is the crime with the highest crime
se-
verity ranking. An off-grid crime shall not be used as the primary
crime
in determining the base sentence when imposing multiple sentences.
If
sentences for off-grid and on-grid convictions are ordered to run
consec-
utively, the offender shall not begin to serve the on-grid sentence
until
paroled from the off-grid sentence, and the postrelease supervision
term
will be based on the off-grid crime. If more than one crime of
conviction
is classified in the same crime category, the sentencing judge must
des-
ignate which crime will serve as the primary crime. In the instance
of
sentencing with both the drug grid and the nondrug grid and
simulta-
neously having a presumption of imprisonment and probation, the
sen-
tencing judge will use the crime which presumes imprisonment as
the
primary crime. In the instance of sentencing with both the drug
grid and
the nondrug grid and simultaneously having a presumption of either
both
probation or both imprisonment, the sentencing judge will use the
crime
with the longest sentence term within the grid block range as the
primary
crime.
(3) The base sentence is set using the
total criminal history score
assigned.
(4) The total prison sentence imposed in
a case involving multiple
convictions arising from multiple counts within an information,
complaint
or indictment cannot exceed twice the base sentence. This limit
shall
apply only to the total sentence, and it shall not be necessary to
reduce
the duration of any of the nonbase sentences imposed to be served
con-
secutively to the base sentence. The postrelease supervision term
will
reflect only the longest such term assigned to any of the crimes
for which
consecutive sentences are imposed. Supervision periods will not be
ag-
gregated.
(5) Nonbase sentences will not have
criminal history scores applied,
as calculated in the criminal history I column of the grid, but
base sen-
tences will have the full criminal history score assigned. In
the event a
conviction designated as the primary crime in a multiple
conviction case
is reversed on appeal, the appellate court shall remand the
multiple con-
viction case for resentencing. Upon resentencing, if the case
remains a
multiple conviction case the court shall follow all of the
provisions of this
section concerning the sentencing of multiple conviction
cases.
(6) If the sentence for the primary crime
is a prison term, the entire
imprisonment term of the consecutive sentences will be served in
prison.
(7) If the sentence for the consecutive
sentences is a prison term, the
postrelease supervision term is a term of postrelease supervision
as es-
tablished for the primary crime.
(8) If the sentence for the primary crime
is a nonprison sentence, a
nonprison term will be imposed for each crime conviction, but the
non-
prison terms shall not be aggregated or served consecutively even
though
the underlying prison sentences have been ordered to be served
consec-
utively. Upon revocation of the nonprison sentence, the offender
shall
serve the prison sentences consecutively as provided in this
section.
(c) The following shall apply for a
departure from the presumptive
sentence based on aggravating factors within the context of
consecutive
sentences:
(1) The court may depart from the
presumptive limits for consecutive
sentences only if the judge finds substantial and compelling
reasons to
impose a departure sentence for any of the individual crimes being
sen-
tenced consecutively.
(2) When a departure sentence is imposed
for any of the individual
crimes sentenced consecutively, the imprisonment term of that
departure
sentence shall not exceed twice the maximum presumptive
imprisonment
term that may be imposed for that crime.
(3) The total imprisonment term of the
consecutive sentences, in-
cluding the imprisonment term for the departure crime, shall not
exceed
twice the maximum presumptive imprisonment term of the
departure
sentence following aggravation.
Sec. 2. K.S.A. 1999 Supp. 21-4720 is hereby
repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.