As Amended by Senate Committee          

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Session of 2000
          SENATE BILL No. 665           By Committee on Ways and Means           3-20          

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10             AN  ACT concerning crimes, criminal procedure and punishment; relat-
11             ing to probation; revocation of nonprison sanction for certain offend-
12             ers; criminal history category; application of provisions; amend-
13             ing K.S.A. 21-4709 and 22-3716 and K.S.A. 1999 Supp. 21-4603d,
14             21-4611, 21-4704, 21-4705 and 21-4720 and repealing the existing
15             sections.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. On and after July 1, 2000, K.S.A. 1999 Supp. 21-
19       4603d is hereby amended to read as follows: 21-4603d. (a) When-
20       ever any person has been found guilty of a crime, the court may
21       adjudge any of the following:
22             (1) Commit the defendant to the custody of the secretary of cor-
23       rections if the current crime of conviction is a felony and the sen-
24       tence presumes imprisonment, or the sentence imposed is a dispos-
25       itional departure to imprisonment; or, if confinement is for a
26       misdemeanor, to jail for the term provided by law;
27             (2) impose the fine applicable to the offense;
28             (3) release the defendant on probation if the current crime of
29       conviction and criminal history fall within a presumptive nonprison
30       category or through a departure for substantial and compelling rea-
31       sons subject to such conditions as the court may deem appropriate.
32       In felony cases except for violations of K.S.A. 8-1567 and amend-
33       ments thereto, the court may include confinement in a county jail
34       not to exceed 30 days, which need not be served consecutively, as
35       a condition of probation or community corrections placement;
36             (4) assign the defendant to a community correctional services
37       program in presumptive nonprison cases or through a departure for
38       substantial and compelling reasons subject to such conditions as
39       the court may deem appropriate, including orders requiring full or
40       partial restitution;
41             (5) assign the defendant to a conservation camp for a period not
42       to exceed six months as a condition of probation followed by a six-
43       month period of follow-up through adult intensive supervision by a

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  1       community correctional services program, if the offender success-
  2       fully completes the conservation camp program;
  3             (6) assign the defendant to a house arrest program pursuant to
  4       K.S.A. 21-4603b and amendments thereto;
  5             (7) order the defendant to attend and satisfactorily complete an
  6       alcohol or drug education or training program as provided by sub-
  7       section (3) of K.S.A. 21-4502 and amendments thereto;
  8             (8) order the defendant to repay the amount of any reward paid
  9       by any crime stoppers chapter, individual, corporation or public
10       entity which materially aided in the apprehension or conviction of
11       the defendant; repay the amount of any costs and expenses incurred
12       by any law enforcement agency in the apprehension of the defend-
13       ant, if one of the current crimes of conviction of the defendant in-
14       cludes escape, as defined in K.S.A. 21-3809 and amendments thereto
15       or aggravated escape, as defined in K.S.A. 21-3810 and amendments
16       thereto; or repay the amount of any public funds utilized by a law
17       enforcement agency to purchase controlled substances from the de-
18       fendant during the investigation which leads to the defendant's con-
19       viction. Such repayment of the amount of any such costs and ex-
20       penses incurred by a law enforcement agency or any public funds
21       utilized by a law enforcement agency shall be deposited and cred-
22       ited to the same fund from which the public funds were credited to
23       prior to use by the law enforcement agency;
24             (9) order the defendant to pay the administrative fee authorized
25       by K.S.A. 1999 Supp. 22-4529 and amendments thereto, unless
26       waived by the court;
27             (10) impose any appropriate combination of (1), (2), (3), (4),
28       (5), (6), (7), (8) and (9); or
29             (11) suspend imposition of sentence in misdemeanor cases.
30             In addition to or in lieu of any of the above, the court shall order
31       the defendant to pay restitution, which shall include, but not be
32       limited to, damage or loss caused by the defendant's crime, unless
33       the court finds compelling circumstances which would render a plan
34       of restitution unworkable. If the court finds a plan of restitution
35       unworkable, the court shall state on the record in detail the reasons
36       therefor.
37             If the court orders restitution, the restitution shall be a judgment
38       against the defendant which may be collected by the court by gar-
39       nishment or other execution as on judgments in civil cases. If, after
40       60 days from the date restitution is ordered by the court, a defend-
41       ant is found to be in noncompliance with the plan established by
42       the court for payment of restitution, and the victim to whom resti-
43       tution is ordered paid has not initiated proceedings in accordance

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  1       with K.S.A. 60-4301 et seq. and amendments thereto, the court shall
  2       assign an agent procured by the attorney general pursuant to K.S.A.
  3       75-719 and amendments thereto to collect the restitution on behalf
  4       of the victim. The administrative judge of each judicial district may
  5       assign such cases to an appropriate division of the court for the
  6       conduct of civil collection proceedings.
  7             In addition to or in lieu of any of the above, the court shall order
  8       the defendant to submit to and complete an alcohol and drug eval-
  9       uation, and pay a fee therefor, when required by subsection (4) of
10       K.S.A. 21-4502 and amendments thereto.
11             In addition to any of the above, the court shall order the defend-
12       ant to reimburse the county general fund for all or a part of the
13       expenditures by the county to provide counsel and other defense
14       services to the defendant. Any such reimbursement to the county
15       shall be paid only after any order for restitution has been paid in
16       full. In determining the amount and method of payment of such sum,
17       the court shall take account of the financial resources of the de-
18       fendant and the nature of the burden that payment of such sum will
19       impose. A defendant who has been required to pay such sum and
20       who is not willfully in default in the payment thereof may at any
21       time petition the court which sentenced the defendant to waive pay-
22       ment of such sum or any unpaid portion thereof. If it appears to the
23       satisfaction of the court that payment of the amount due will impose
24       manifest hardship on the defendant or the defendant's immediate
25       family, the court may waive payment of all or part of the amount
26       due or modify the method of payment.
27             In imposing a fine the court may authorize the payment thereof
28       in installments. In releasing a defendant on probation, the court
29       shall direct that the defendant be under the supervision of a court
30       services officer. If the court commits the defendant to the custody
31       of the secretary of corrections or to jail, the court may specify in
32       its order the amount of restitution to be paid and the person to
33       whom it shall be paid if restitution is later ordered as a condition
34       of parole or conditional release.
35             When a new felony is committed while the offender is incarcer-
36       ated and serving a sentence for a felony or while the offender is on
37       probation, assignment to a community correctional services pro-
38       gram, parole, conditional release, or postrelease supervision for a
39       felony, a new sentence shall be imposed pursuant to the consecutive
40       sentencing requirements of K.S.A. 21-4608, and amendments
41       thereto, and the court may sentence the offender to imprisonment
42       for the new conviction, even when the new crime of conviction oth-
43       erwise presumes a nonprison sentence. In this event, imposition of

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  1       a prison sentence for the new crime does not constitute a departure.
  2       When a new felony is committed while the offender is on release for
  3       a felony pursuant to the provisions of article 28 of chapter 22 of the
  4       Kansas Statutes Annotated, a new sentence may be imposed pur-
  5       suant to the consecutive sentencing requirements of K.S.A. 21-4608
  6       and amendments thereto, and the court may sentence the offender
  7       to imprisonment for the new conviction, even when the new crime
  8       of conviction otherwise presumes a nonprison sentence. In this
  9       event, imposition of a prison sentence for the new crime does not
10       constitute a departure.
11             Prior to imposing a dispositional departure for a defendant whose
12       offense is classified in the presumptive nonprison grid block of ei-
13       ther sentencing guideline grid, prior to sentencing a defendant to
14       incarceration whose offense is classified in grid blocks 5-H, 5-I or
15       6-G of the sentencing guidelines grid for nondrug crimes or in grid
16       blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F of the sentencing guidelines
17       grid for drug crimes, or prior to revocation of a nonprison sanction
18       of a defendant whose offense is classified in the presumptive non-
19       prison grid block of either sentencing guideline grid or grid blocks
20       5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes
21       or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F of the sentencing
22       guidelines grid for drug crimes, the court shall consider placement
23       of the defendant in the Labette correctional conservation camp,
24       conservation camps established by the secretary of corrections pur-
25       suant to K.S.A. 75-52,127, and amendment thereto or a community
26       intermediate sanction center. Pursuant to this paragraph the de-
27       fendant shall not be sentenced to imprisonment if space is available
28       in a conservation camp or a community intermediate sanction cen-
29       ter and the defendant meets all of the conservation camp's or a
30       community intermediate sanction center's placement criteria unless
31       the court states on the record the reasons for not placing the de-
32       fendant in a conservation camp or a community intermediate sanc-
33       tion center.
34             The court in committing a defendant to the custody of the secre-
35       tary of corrections shall fix a term of confinement within the limits
36       provided by law. In those cases where the law does not fix a term
37       of confinement for the crime for which the defendant was convicted,
38       the court shall fix the term of such confinement.
39             In addition to any of the above, the court shall order the defend-
40       ant to reimburse the state general fund for all or a part of the ex-
41       penditures by the state board of indigents' defense services to pro-
42       vide counsel and other defense services to the defendant. In
43       determining the amount and method of payment of such sum, the

5
  1       court shall take account of the financial resources of the defendant
  2       and the nature of the burden that payment of such sum will impose.
  3       A defendant who has been required to pay such sum and who is not
  4       willfully in default in the payment thereof may at any time petition
  5       the court which sentenced the defendant to waive payment of such
  6       sum or any unpaid portion thereof. If it appears to the satisfaction
  7       of the court that payment of the amount due will impose manifest
  8       hardship on the defendant or the defendant's immediate family, the
  9       court may waive payment of all or part of the amount due or modify
10       the method of payment. The amount of attorney fees to be included
11       in the court order for reimbursement shall be the amount claimed
12       by appointed counsel on the payment voucher for indigents' defense
13       services or the amount prescribed by the board of indigents' defense
14       services reimbursement tables as provided in K.S.A. 22-4522, and
15       amendments thereto, whichever is less.
16             (b) Dispositions which do not involve commitment to the cus-
17       tody of the secretary of corrections shall not entail the loss by the
18       defendant of any civil rights. Placement of offenders in a conser-
19       vation camp established by the secretary of corrections pursuant to
20       K.S.A. 75-52,127, and amendments thereto, as a nonimprisonment
21       disposition shall not entail the loss by the defendant of any civil
22       rights.
23             (c) This section shall not deprive the court of any authority con-
24       ferred by any other Kansas statute to decree a forfeiture of prop-
25       erty, suspend or cancel a license, remove a person from office, or
26       impose any other civil penalty as a result of conviction of crime.
27             (d) An application for or acceptance of probation or assignment
28       to a community correctional services program shall not constitute
29       an acquiescence in the judgment for purpose of appeal, and any
30       convicted person may appeal from such conviction, as provided by
31       law, without regard to whether such person has applied for pro-
32       bation, suspended sentence or assignment to a community correc-
33       tional services program.
34             (e) The secretary of corrections is authorized to make direct
35       placement to the Labette correctional conservation camp or a con-
36       servation camp established by the secretary pursuant to K.S.A. 75-
37       52,127, and amendments thereto, of an inmate sentenced to the sec-
38       retary's custody if the inmate: (1) Has been sentenced to the
39       secretary for a probation revocation, as a departure from the pre-
40       sumptive nonimprisonment grid block of either sentencing grid, or
41       for an offense which is classified in grid blocks 5-H, 5-I, or 6-G of
42       the sentencing guidelines grid for nondrug crimes or in grid blocks
43       3-E, 3-F, 3-G, 3-H, 3-I, 4-E, or 4-F of the sentencing guidelines grid

6
  1       for drug crimes; and (2) otherwise meets admission criteria of the
  2       camp. If the inmate successfully completes the six-month conser-
  3       vation camp program, the secretary of corrections shall report such
  4       completion to the sentencing court and the county or district attor-
  5       ney. The inmate shall then be assigned by the court to six months
  6       of follow-up supervision conducted by the appropriate community
  7       corrections services program. The court may also order that super-
  8       vision continue thereafter for the length of time authorized by
  9       K.S.A. 21-4611 and amendments thereto.
10             (f) When it is provided by law that a person shall be sentenced
11       pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the pro-
12       visions of this section shall not apply.
13             Sec. 2. K.S.A. 1999 Supp. 21-4611 is hereby amended to read as fol-
14       lows: 21-4611. (a) The period of suspension of sentence, probation or
15       assignment to community corrections fixed by the court shall not exceed
16       five years in felony cases involving crimes committed prior to July 1, 1993,
17       or two years in misdemeanor cases, subject to renewal and extension for
18       additional fixed periods not exceeding five years in such felony cases, nor
19       two years in misdemeanor cases. In no event shall the total period of
20       probation, suspension of sentence or assignment to community correc-
21       tions for a felony committed prior to July 1, 1993, exceed the greatest
22       maximum term provided by law for the crime, except that where the
23       defendant is convicted of nonsupport of a child, the period may be con-
24       tinued as long as the responsibility for support continues. Probation, sus-
25       pension of sentence or assignment to community corrections may be ter-
26       minated by the court at any time and upon such termination or upon
27       termination by expiration of the term of probation, suspension of sentence
28       or assignment to community corrections, an order to this effect shall be
29       entered by the court.
30             (b) The district court having jurisdiction of the offender may parole
31       any misdemeanant sentenced to confinement in the county jail. The pe-
32       riod of such parole shall be fixed by the court and shall not exceed two
33       years and shall be terminated in the manner provided for termination of
34       suspended sentence and probation.
35             (c) For all crimes committed on or after July 1, 1993, the recom-
36       mended duration of probation in all felony cases sentenced for the follow-
37       ing severity levels on the sentencing guidelines grid for nondrug crimes
38       and the sentencing guidelines grid for drug crimes is as follows:
39             (1) For nondrug crimes the recommended duration of probations is:
40             (A) Thirty-six months for crimes in crime severity levels 1 through 5;
41       and
42             (B) 24 months for crimes in crime severity levels 6 through 10 and
43       7; and.

7
  1             (2) For drug crimes:
  2        (A) Thirty-six the recommended duration of probation is 36 months
  3       for crimes in crime severity levels 1 through 3 and 2; and.
  4             (B) 24 months for crimes in crime severity level 4.
  5             (3) In felony cases sentenced at severity levels 9 and 10 on the sen-
  6       tencing guidelines grid for nondrug crimes and severity level 4 on the
  7       sentencing guidelines grid for drug crimes, if a nonprison sanction is
  8       imposed, the court shall order the defendant to serve a period of pro-
  9       bation, or assignment to a community correctional services program as
10       provided under K.S.A. 75-5291 et seq., and amendments thereto, of up to
11       12 months in length.
12             (4) In felony cases sentenced at severity level 8 on the sentencing
13       guidelines grid for nondrug crimes and severity level 3 on the sentencing
14       guidelines grid for drug crimes, if a nonprison sanction is imposed, the
15       court shall order the defendant to serve a period of probation, or assign-
16       ment to a community correctional services program, as provided under
17       K.S.A. 75-5291 et seq., and amendments thereto, of up to 18 months in
18       length.
19             (5) If the court finds and sets forth with particularity the reasons for
20       finding that the safety of the members of the public will be jeopardized
21       or that the welfare of the inmate will not be served by the length of the
22       probation terms provided in subsections (c)(3) and (c)(4), the court may
23       impose a longer period of probation. Such an increase shall not be con-
24       sidered a departure and shall not be subject to appeal.
25             (6) Except as provided in subsections (c)(4) and (c)(5) (c)(7) and
26       (c)(8), the total period in all cases shall not exceed 60 months, or the
27       maximum period of the prison sentence that could be imposed whichever
28       is longer. Nonprison sentences may be terminated by the court at any
29       time.
30             (4) (7) If the defendant is convicted of nonsupport of a child, the
31       period may be continued as long as the responsibility for support contin-
32       ues. If the defendant is ordered to pay full or partial restitution, the period
33       may be continued as long as the amount of restitution ordered has not
34       been paid.
35             (5) (8) The court may modify or extend the offender's period of su-
36       pervision, pursuant to a modification hearing and a judicial finding of
37       necessity. Such extensions may be made for a maximum period of five
38       years or the maximum period of the prison sentence that could be im-
39       posed, whichever is longer, inclusive of the original supervision term.
40        (d) The provisions of subsection (c), as amended by this act,
41       shall be applied retroactively. The sentencing court shall direct that
42       a review of all persons serving a nonprison sanction for a crime in
43       severity levels 8, 9 or 10 of the sentencing guidelines grid for non-

8
  1       drug crimes or a crime in severity levels 3 or 4 of the sentencing
  2       guidelines grid for drug crimes be conducted. On or before Septem-
  3       ber 1, 2000, the duration of such person's probation shall be mod-
  4       ified in conformity with the provisions of subsection (c).
  5             Sec.  3. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4704
  6       is hereby amended to read as follows: 21-4704. (a) For purposes of
  7       sentencing, the following sentencing guidelines grid for nondrug
  8       crimes shall be applied in felony cases for crimes committed on or
  9       after July 1, 1993:

9

10
  1             (b) The provisions of this section shall be applicable to the sen-
  2       tencing guidelines grid for nondrug crimes. Sentences expressed in
  3       such grid represent months of imprisonment.
  4             (c) The sentencing guidelines grid is a two-dimensional crime
  5       severity and criminal history classification tool. The grid's vertical
  6       axis is the crime severity scale which classifies current crimes of
  7       conviction. The grid's horizontal axis is the criminal history scale
  8       which classifies criminal histories.
  9             (d) The sentencing guidelines grid for nondrug crimes as pro-
10       vided in this section defines presumptive punishments for felony
11       convictions, subject to judicial discretion to deviate for substantial
12       and compelling reasons and impose a different sentence in recog-
13       nition of aggravating and mitigating factors as provided in this act.
14       The appropriate punishment for a felony conviction should depend
15       on the severity of the crime of conviction when compared to all other
16       crimes and the offender's criminal history.
17             (e)  (1) The sentencing court has discretion to sentence at any
18       place within the sentencing range. The sentencing judge shall select
19       the center of the range in the usual case and reserve the upper and
20       lower limits for aggravating and mitigating factors insufficient to
21       warrant a departure.
22             (2) In presumptive imprisonment cases, the sentencing court
23       shall pronounce the complete sentence which shall include the
24       prison sentence, the maximum potential reduction to such sentence
25       as a result of good time and the period of postrelease supervision at
26       the sentencing hearing. Failure to pronounce the period of post-
27       release supervision shall not negate the existence of such period of
28       postrelease supervision.
29             (3) In presumptive nonprison cases, the sentencing court shall
30       pronounce the prison sentence as well as the duration of the non-
31       prison sanction at the sentencing hearing.
32             (f) Each grid block states the presumptive sentencing range for
33       an offender whose crime of conviction and criminal history place
34       such offender in that grid block. If an offense is classified in a grid
35       block below the dispositional line, the presumptive disposition shall
36       be nonimprisonment. If an offense is classified in a grid block above
37       the dispositional line, the presumptive disposition shall be impris-
38       onment. If an offense is classified in grid blocks 5-H, 5-I or 6-G, the
39       court may impose an optional nonprison sentence upon making the
40       following findings on the record:
41             (1) An appropriate treatment program exists which is likely to
42       be more effective than the presumptive prison term in reducing the
43       risk of offender recidivism; and

11
  1             (2) the recommended treatment program is available and the
  2       offender can be admitted to such program within a reasonable pe-
  3       riod of time; or
  4             (3) the nonprison sanction will serve community safety interests
  5       by promoting offender reformation.
  6             Any decision made by the court regarding the imposition of an
  7       optional nonprison sentence if the offense is classified in grid blocks
  8       5-H, 5-I or 6-G shall not be considered a departure and shall not be
  9       subject to appeal.
10             (g) The sentence for the violation of K.S.A. 21-3411, aggravated
11       assault against a law enforcement officer or K.S.A. 21-3415, aggra-
12       vated battery against a law enforcement officer and amendments
13       thereto which places the defendant's sentence in grid block 6-H or
14       6-I shall be presumed imprisonment. The court may impose an op-
15       tional nonprison sentence upon making a finding on the record that
16       the nonprison sanction will serve community safety interests by pro-
17       moting offender reformation. Any decision made by the court re-
18       garding the imposition of the optional nonprison sentence, if the
19       offense is classified in grid block 6-H or 6-I, shall not be considered
20       departure and shall not be subject to appeal.
21             (h) When a firearm is used to commit any person felony, the
22       offender's sentence shall be presumed imprisonment. The court may
23       impose an optional nonprison sentence upon making a finding on
24       the record that the nonprison sanction will serve community safety
25       interests by promoting offender reformation. Any decision made by
26       the court regarding the imposition of the optional nonprison sen-
27       tence shall not be considered a departure and shall not be subject
28       to appeal.
29             (i) The sentence for the violation of the felony provision of
30       K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and amend-
31       ments thereto shall be as provided by the specific mandatory sen-
32       tencing requirements of that section and shall not be subject to the
33       provisions of this section or K.S.A. 21-4707 and amendments
34       thereto. Notwithstanding the provisions of any other section, the
35       term of imprisonment imposed for the violation of the felony pro-
36       vision of K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and
37       amendments thereto shall not be served in a state facility in the
38       custody of the secretary of corrections.
39             (j) The sentence for any persistent sex offender whose current
40       convicted crime carries a presumptive term of imprisonment shall
41       be double the maximum duration of the presumptive imprisonment
42       term. The sentence for any persistent sex offender whose current
43       conviction carries a presumptive nonprison term shall be presumed

12
  1       imprisonment and shall be double the maximum duration of the
  2       presumptive imprisonment term. Except as otherwise provided in
  3       this subsection, as used in this subsection, ``persistent sex offender''
  4       means a person who: (1) Has been convicted in this state of a sex-
  5       ually violent crime, as defined in K.S.A. 22-3717 and amendments
  6       thereto; and (2) at the time of the conviction under subsection (1)
  7       has at least one conviction for a sexually violent crime, as defined
  8       in K.S.A. 22-3717 and amendments thereto in this state or compa-
  9       rable felony under the laws of another state, the federal government
10       or a foreign government. The provisions of this subsection shall not
11       apply to any person whose current convicted crime is a severity
12       level 1 or 2 felony.
13             (k) If it is shown at sentencing that the offender committed any
14       felony violation for the benefit of, at the direction of, or in associ-
15       ation with any criminal street gang, with the specific intent to pro-
16       mote, further or assist in any criminal conduct by gang members,
17       the offender's sentence shall be presumed imprisonment. Any deci-
18       sion made by the court regarding the imposition of the optional
19       nonprison sentence shall not be considered a departure and shall
20       not be subject to appeal. As used in this subsection, ``criminal street
21       gang'' means any organization, association or group of three or
22       more persons, whether formal or informal, having as one of its pri-
23       mary activities the commission of one or more person felonies or
24       felony violations of the uniform controlled substances act, K.S.A.
25       65-4101 et seq., and amendments thereto, which has a common name
26       or common identifying sign or symbol, whose members, individu-
27       ally or collectively engage in or have engaged in the commission,
28       attempted commission, conspiracy to commit or solicitation of two
29       or more person felonies or felony violations of the uniform con-
30       trolled substances act, K.S.A. 65-4101 et seq., and amendments
31       thereto, or any substantially similar offense from another
32       jurisdiction.
33             (l) The sentence for a violation of subsection (a) of K.S.A. 21-
34       3715 and amendments thereto when such person being sentenced
35       has a prior conviction for a violation of subsection (a) or (b) of
36       K.S.A. 21-3715 or 21-3716 and amendments thereto shall be pre-
37       sumed imprisonment.
38             Sec.  4. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4705
39       is hereby amended to read as follows: 21-4705. (a) For the purpose
40       of sentencing, the following sentencing guidelines grid for drug
41       crimes shall be applied in felony cases under the uniform controlled
42       substances act for crimes committed on or after July 1, 1993:

13
  1      

14
  1             (b) The provisions of subsection (a) will apply for the purpose
  2       of sentencing violations of the uniform controlled substances act
  3       except as otherwise provided by law. Sentences expressed in the
  4       sentencing guidelines grid for drug crimes in subsection (a) repre-
  5       sent months of imprisonment.
  6             (c)  (1) The sentencing court has discretion to sentence at any
  7       place within the sentencing range. The sentencing judge shall select
  8       the center of the range in the usual case and reserve the upper and
  9       lower limits for aggravating and mitigating factors insufficient to
10       warrant a departure. The sentencing court shall not distinguish be-
11       tween the controlled substances cocaine base (9041L000) and co-
12       caine hydrochloride (9041L005) when sentencing within the sen-
13       tencing range of the grid block.
14             (2) In presumptive imprisonment cases, the sentencing court
15       shall pronounce the complete sentence which shall include the
16       prison sentence, the maximum potential reduction to such sentence
17       as a result of good time and the period of postrelease supervision at
18       the sentencing hearing. Failure to pronounce the period of post-
19       release supervision shall not negate the existence of such period of
20       postrelease supervision.
21             (3) In presumptive nonprison cases, the sentencing court shall
22       pronounce the prison sentence as well as the duration of the non-
23       prison sanction at the sentencing hearing.
24             (d) Each grid block states the presumptive sentencing range for
25       an offender whose crime of conviction and criminal history place
26       such offender in that grid block. If an offense is classified in a grid
27       block below the dispositional line, the presumptive disposition shall
28       be nonimprisonment. If an offense is classified in a grid block above
29       the dispositional line, the presumptive disposition shall be impris-
30       onment. If an offense is classified in grid blocks 3-E, 3-F, 3-G, 3-H,
31       3-I, 4-E or 4-F, the court may impose an optional nonprison sentence
32       upon making the following findings on the record:
33             (1) An appropriate treatment program exists which is likely to
34       be more effective than the presumptive prison term in reducing the
35       risk of offender recidivism; and
36             (2) the recommended treatment program is available and the
37       offender can be admitted to such program within a reasonable pe-
38       riod of time; or
39             (3) the nonprison sanction will serve community safety interests
40       by promoting offender reformation.
41             Any decision made by the court regarding the imposition of an
42       optional nonprison sentence if the offense is classified in grid blocks
43       3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F shall not be considered a depar-

15
  1       ture and shall not be subject to appeal.
  2             (e) The sentence for a second or subsequent conviction of K.S.A.
  3       65-4159 and amendments thereto, manufacture of any controlled
  4       substance or controlled substance analog shall be a presumptive
  5       term of imprisonment of two times the maximum duration of the
  6       presumptive term of imprisonment. The court may impose an op-
  7       tional reduction in such sentence of not to exceed 50% of the man-
  8       datory increase provided by this subsection upon making a finding
  9       on the record that one or more of the mitigating factors as specified
10       in K.S.A. 21-4716 and amendments thereto justify such a reduction
11       in sentence. Any decision made by the court regarding the reduction
12       in such sentence shall not be considered a departure and shall not
13       be subject to appeal.
14             Sec.  5. On and after July 1, 2000, K.S.A. 21-4709 is hereby
15       amended to read as follows: 21-4709. The criminal history scale is
16       represented in abbreviated form on the horizontal axis of the sen-
17       tencing guidelines grid for nondrug crimes and the sentencing
18       guidelines grid for drug crimes. The relative severity of each crim-
19       inal history category decreases from left to right on such grids.
20       Criminal history category A is the most serious classification. Crim-
21       inal history category I H is the least serious classification. The crim-
22       inal history categories in the criminal history scale are:
23       Criminal
24       History
25       Category               Descriptive Criminal History

26	A	The offender's criminal history includes three or more adultconvictions or juvenile adjudications, in any combination,for person felonies.
27	B	The offender's criminal history includes two adult convictionsor juvenile adjudications, in any combination, for personfelonies.
28	C	The offender's criminal history includes one adult convictionor juvenile adjudication for a person felony, and one ormore adult conviction or juvenile adjudication for a non-person felony.
29	D	The offender's criminal history includes one adult convictionor juvenile adjudication for a person felony, but no adultconviction or juvenile adjudications for a nonperson felony.
30	E	The offender's criminal history includes three or more adultconvictions or juvenile adjudications for nonperson felo-nies, but no adult conviction or juvenile adjudication for aperson felony.

16

1	F	The offender's criminal history includes two adult convictionsor juvenile adjudications for nonperson felonies, but noadult conviction or juvenile adjudication for a personfelony.
2	G	The offender's criminal history includes one adult convictionor juvenile adjudication for a nonperson felony, but noadult conviction or juvenile adjudication for a personfelony.
3	H	The offender's criminal history includes two or more adult aconviction or convictions or juvenile adjudications for non-person and/or or select misdemeanors, and no more than twoadult, or both, or a conviction or convictions or juvenile ad-judications for person misdemeanors, but no adult convic-tion or juvenile adjudication for either a person or nonper-son felony or the offender's criminal history includes no priorrecord.
4	I	the offender's criminal history includes no prior record; or, oneadult conviction or juvenile adjudication for a person, nonperson,or select misdemeanor, but no adult conviction or juvenile ad-judication for either a person or nonperson felony.

  5             Sec.  6. On and after July 1, 2000, K.S.A. 1999 Supp. 21-4720
  6       is hereby amended to read as follows: 21-4720. (a) The provisions
  7       of subsections (a), (b), (c), (d), (e) and (h) of K.S.A. 21-4608 and
  8       amendments thereto regarding multiple sentences shall apply to the
  9       sentencing of offenders for crimes committed on or after July 1,
10       1993, pursuant to the sentencing guidelines system as provided in
11       this act. The mandatory consecutive requirements contained in sub-
12       sections (c), (d) and (e) shall not apply if such application would
13       result in a manifest injustice.
14             (b) The sentencing judge shall otherwise have discretion to im-
15       pose concurrent or consecutive sentences in multiple conviction
16       cases. The sentencing judge shall state on the record if the sentence
17       is to be served concurrently or consecutively. In cases where con-
18       secutive sentences may be imposed by the sentencing judge, the fol-
19       lowing shall apply:
20             (1) When the sentencing judge imposes multiple sentences con-
21       secutively, the consecutive sentences shall consist of an imprison-
22       ment term which is the sum of the consecutive imprisonment terms,
23       and a supervision term. The postrelease supervision term will be
24       based on the longest supervision term imposed for any of the crimes.
25             (2) The sentencing judge must establish a base sentence for the
26       primary crime. The primary crime is the crime with the highest
27       crime severity ranking. An off-grid crime shall not be used as the

17
  1       primary crime in determining the base sentence when imposing mul-
  2       tiple sentences. If sentences for off-grid and on-grid convictions are
  3       ordered to run consecutively, the offender shall not begin to serve
  4       the on-grid sentence until paroled from the off-grid sentence, and
  5       the postrelease supervision term will be based on the off-grid crime.
  6       If more than one crime of conviction is classified in the same crime
  7       category, the sentencing judge must designate which crime will
  8       serve as the primary crime. In the instance of sentencing with both
  9       the drug grid and the nondrug grid and simultaneously having a
10       presumption of imprisonment and probation, the sentencing judge
11       will use the crime which presumes imprisonment as the primary
12       crime. In the instance of sentencing with both the drug grid and the
13       nondrug grid and simultaneously having a presumption of either
14       both probation or both imprisonment, the sentencing judge will use
15       the crime with the longest sentence term within the grid block range
16       as the primary crime.
17             (3) The base sentence is set using the total criminal history score
18       assigned.
19             (4) The total prison sentence imposed in a case involving mul-
20       tiple convictions arising from multiple counts within an informa-
21       tion, complaint or indictment cannot exceed twice the base sentence.
22       This limit shall apply only to the total sentence, and it shall not be
23       necessary to reduce the duration of any of the nonbase sentences
24       imposed to be served consecutively to the base sentence. The post-
25       release supervision term will reflect only the longest such term as-
26       signed to any of the crimes for which consecutive sentences are im-
27       posed. Supervision periods will not be aggregated.
28             (5) Nonbase sentences will not have criminal history scores ap-
29       plied, as calculated in the criminal history I H column of the grid,
30       but base sentences will have the full criminal history score assigned.
31             (6) If the sentence for the primary crime is a prison term, the
32       entire imprisonment term of the consecutive sentences will be
33       served in prison.
34             (7) If the sentence for the consecutive sentences is a prison term,
35       the postrelease supervision term is a term of postrelease supervision
36       as established for the primary crime.
37             (8) If the sentence for the primary crime is a nonprison sen-
38       tence, a nonprison term will be imposed for each crime conviction,
39       but the nonprison terms shall not be aggregated or served consec-
40       utively even though the underlying prison sentences have been or-
41       dered to be served consecutively. Upon revocation of the nonprison
42       sentence, the offender shall serve the prison sentences consecutively
43       as provided in this section.

18
  1             (c) The following shall apply for a departure from the presump-
  2       tive sentence based on aggravating factors within the context of con-
  3       secutive sentences:
  4             (1) The court may depart from the presumptive limits for con-
  5       secutive sentences only if the judge finds substantial and compelling
  6       reasons to impose a departure sentence for any of the individual
  7       crimes being sentenced consecutively.
  8             (2) When a departure sentence is imposed for any of the indi-
  9       vidual crimes sentenced consecutively, the imprisonment term of
10       that departure sentence shall not exceed twice the maximum pre-
11       sumptive imprisonment term that may be imposed for that crime.
12             (3) The total imprisonment term of the consecutive sentences,
13       including the imprisonment term for the departure crime, shall not
14       exceed twice the maximum presumptive imprisonment term of the
15       departure sentence following aggravation.
16             Sec.  2. 7. K.S.A. 22-3716 is hereby amended to read as follows: 22-
17       3716. (a) At any time during probation, assignment to a community cor-
18       rectional services program, suspension of sentence or pursuant to sub-
19       section (d) for defendants who committed a crime prior to July 1, 1993,
20       and at any time during which a defendant is serving a nonprison sanction
21       for a crime committed on or after July 1, 1993, or pursuant to subsection
22       (d), the court may issue a warrant for the arrest of a defendant for violation
23       of any of the conditions of release or assignment, a notice to appear to
24       answer to a charge of violation or a violation of the defendant's nonprison
25       sanction. The notice shall be personally served upon the defendant. The
26       warrant shall authorize all officers named in the warrant to return the
27       defendant to the custody of the court or to any certified detention facility
28       designated by the court. Any court services officer or community correc-
29       tional services officer may arrest the defendant without a warrant or may
30       deputize any other officer with power of arrest to do so by giving the
31       officer a written statement setting forth that the defendant has, in the
32       judgment of the court services officer or community correctional services
33       officer, violated the conditions of the defendant's release or a nonprison
34       sanction. The written statement delivered with the defendant by the ar-
35       resting officer to the official in charge of a county jail or other place of
36       detention shall be sufficient warrant for the detention of the defendant.
37       After making an arrest, the court services officer or community correc-
38       tional services officer shall present to the detaining authorities a similar
39       statement of the circumstances of violation. Provisions regarding release
40       on bail of persons charged with a crime shall be applicable to defendants
41       arrested under these provisions.
42             (b) Upon arrest and detention pursuant to subsection (a), the court
43       services officer or community correctional services officer shall immedi-

19
  1       ately notify the court and shall submit in writing a report showing in what
  2       manner the defendant has violated the conditions of release or assignment
  3       or a nonprison sanction. Thereupon, or upon an arrest by warrant as
  4       provided in this section, the court shall cause the defendant to be brought
  5       before it without unnecessary delay for a hearing on the violation charged.
  6       The hearing shall be in open court and the state shall have the burden of
  7       establishing the violation. The defendant shall have the right to be rep-
  8       resented by counsel and shall be informed by the judge that, if the de-
  9       fendant is financially unable to obtain counsel, an attorney will be ap-
10       pointed to represent the defendant. The defendant shall have the right
11       to present the testimony of witnesses and other evidence on the defend-
12       ant's behalf. Relevant written statements made under oath may be ad-
13       mitted and considered by the court along with other evidence presented
14       at the hearing. If the violation is established, the court may continue or
15       revoke the probation, assignment to a community correctional services
16       program, suspension of sentence or nonprison sanction and may require
17       the defendant to serve the sentence imposed, or any lesser sentence, and,
18       if imposition of sentence was suspended, may impose any sentence which
19       might originally have been imposed. Notwithstanding the provisions of
20       any other law to the contrary, a term of imprisonment imposed upon
21       revocation of a nonprison sanction of any offender sentenced for a crime
22       in severity level 9 or severity level 10 of the sentencing guidelines grid for
23       nondrug crimes, due to a violation of a condition of release or assignment
24       of the nonprison sanction shall not be served in a state facility in the
25       custody of the secretary of corrections, except that these provisions shall
26       not apply to offenders who violate a condition of release or assignment or
27       a nonprison sanction by committing a new misdemeanor or felony offense.
28       When a new felony is committed while the offender is on probation or
29       assignment to a community correctional services program, the new sen-
30       tence shall be imposed pursuant to the consecutive sentencing require-
31       ments of K.S.A. 21-4608 and amendments thereto, and the court may
32       sentence the offender to imprisonment for the new conviction, even when
33       the new crime of conviction otherwise presumes a nonprison sentence.
34       In this event, imposition of a prison sentence for the new crime does not
35       constitute a departure.
36             (c) A defendant who is on probation, assigned to a community cor-
37       rectional services program, under suspension of sentence or serving a
38       nonprison sanction and for whose return a warrant has been issued by
39       the court shall be considered a fugitive from justice if it is found that the
40       warrant cannot be served. If it appears that the defendant has violated
41       the provisions of the defendant's release or assignment or a nonprison
42       sanction, the court shall determine whether the time from the issuing of
43       the warrant to the date of the defendant's arrest, or any part of it, shall

20
  1       be counted as time served on probation, assignment to a community cor-
  2       rectional services program, suspended sentence or pursuant to a nonpri-
  3       son sanction.
  4             (d) The court shall have 30 days following the date probation, assign-
  5       ment to a community correctional service program, suspension of sen-
  6       tence or a nonprison sanction was to end to issue a warrant for the arrest
  7       or notice to appear for the defendant to answer a charge of a violation of
  8       the conditions of probation, assignment to a community correctional serv-
  9       ice program, suspension of sentence or a nonprison sanction.
10        (e) Notwithstanding the provisions of any other law to the con-
11       trary, a term of imprisonment may not be imposed upon revocation
12       of a nonprison sanction of any offender sentenced for a crime in
13       severity level 9 or severity level 10 on the sentencing guidelines grid
14       for nondrug crimes, due to a violation of a condition of release or
15       assignment of the nonprison sanction, except that these provisions
16       shall not apply to offenders whose revocation of release or assign-
17       ment of the nonprison sanction results from a conviction for a new
18       misdemeanor or felony offense or who are incarcerated or on post-
19       release supervision and are serving or are to begin serving any other
20       felony sentence that is not excluded from imprisonment by this sub-
21       section on the effective date of this subsection. The provisions of
22       this subsection shall be applied retroactively to offenders convicted
23       of a crime in severity level 9 and 10 on the sentencing guidelines
24       grid for nondrug crimes. The department of corrections shall con-
25       duct a review of all persons who are in the custody of the depart-
26       ment as a result of only a revocation of a nonprison sanction for a
27       crime in severity level 9 or 10 on the sentencing guidelines grid for
28       nondrug crimes which did not result from a conviction for a new
29       misdemeanor or felony crime. On or before September 1, 2000, the
30       department shall release from imprisonment or postrelease super-
31       vision those offenders as required by this subsection. The depart-
32       ment shall notify the sentencing court of the date upon which the
33       offender is to be discharged from the department's custody pursuant
34       to this subsection at least 14 days prior to the date of discharge.
35       The sentencing court may impose upon such offender any nonprison
36       sanction or condition authorized by law.
37             (f) Notwithstanding the provisions of any other law to the con-
38       trary, an offender whose nonprison sanction is revoked and a term
39       of imprisonment imposed pursuant to either the sentencing guide-
40       lines grid for nondrug or drug crimes shall not serve a period of
41       postrelease supervision upon the completion of the prison portion
42       of that sentence. The provisions of this subsection shall not apply
43       to offenders sentenced to a nonprison sanction pursuant to a dis-

21
  1       positional departure, whose offense falls within a border box of ei-
  2       ther the sentencing guidelines grid for nondrug or drug crimes, of-
  3       fenders sentenced for a ``sexually violent crime'' as defined by K.S.A.
  4       22-3717, and amendments thereto, or whose nonprison sanction was
  5       revoked as a result of a conviction for a new misdemeanor or felony
  6       offense. The provisions of this subsection shall not apply to offend-
  7       ers who are serving or are to begin serving a sentence for any other
  8       felony offense that is not excluded from postrelease supervision by
  9       this subsection on the effective date of this subsection. The provi-
10       sions of this subsection shall be applied retroactively. The depart-
11       ment of corrections shall conduct a review of all persons who are
12       in the custody of the department as a result of only a revocation of
13       a nonprison sanction. On or before September 1, 2000, the depart-
14       ment shall have discharged from postrelease supervision those of-
15       fenders as required by this subsection.
16        Sec.  3. 8. K.S.A. 22-3716 and K.S.A. 1999 Supp. 21-4611 are hereby
17       repealed.
18        Sec.  9. On and after July 1, 2000, K.S.A. 21-4709 and K.S.A.
19       1999 Supp. 21-4603d, 21-4704, 21-4705 and 21-4720 are hereby
20       repealed.
21        Sec.  4. 10. This act shall take effect and be in force from and after
22       its publication in the statute book Kansas register.