J o u r n a l   o f   t h e   S e n a t e


                               SIXTY-SEVENTH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                                Monday, May 5, 1997--1:00 p.m.

  The Senate was called to order by President Dick Bond.
  The roll was called with forty senators present.
  Invocation by Chaplain Fred S. Hollomon:
     Heavenly Father,
     The morning newspaper says our legislature is at a stalemate.
     On June 28, 1787, when the Constitutional Convention was on the verge of
   break ing up, 81 year old Benjamin Franklin rose and addressed the chair
   with these words:
     ``In this situation of this assembly, groping, as it were, in the dark
   to find political truth, and scarce able to distinguish it when presented
   to us, how has it happened, Sir, that we have not hitherto once thought of
   humbly applying to the Father of Lights to illuminate our understandings?
     ``I have lived, Sir, a long time; and the longer I live, the more
   convincing proofs I see of this truth, that God governs in the affairs of
   men. And if a sparrow cannot fall to the ground without his notice, is it
   probable that an empire can rise without his aid?.........
     ``I therefore beg leave to move that, henceforth, prayers imploring the
   assistance of heaven and its blessings on our deliberations be held in
   this assembly every morn ing before we proceed to business, and that one
   or more clergy of this city be re quested to officiate in that service.''
     Over two centuries later we stand to beseech the same God Who answered
   the prayers of our Founding Fathers to enlighten us concerning what is
   pleasing to You and help us bring the 1997 session to a fruitful and
   harmonious conclusion.
               I Pray in Jesus' Name,
               AMEN

CHANGE OF REFERENCE

  The President withdrew SB 250 from the calendar under the heading of
General Orders, and rereferred the bill to the Committee on Assessment and
Taxation.
  The President withdrew HB 2289 from the calendar under the heading of
General Or ders, and rereferred the bill to the Committee on Agriculture.
  On motion of Senator Emert, the Senate recessed until 5:00 p.m.
   The Senate met pursuant to recess with President Bond in the chair.
  Senator Emert in compliance with Joint Rule 3(f), moved the Senate dispense
with the distribution of copies of the Conference Committee Report on S.
Sub. for HB 2576.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on Senate amend
ments to HB 2576, submits the following report:

786                          JOURNAL OF THE SENATE

  The House accedes to all Senate amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed as Amended by Senate
on Final Action, as follows:
  On page 2, in line 16, by striking ``$28,866,728'' and inserting in lieu
thereof ``$28,864,978''; by striking all in lines 41 through 43;
  On page 3, by striking all in line 1; in line 2, by striking ``(c)'' and
inserting in lieu thereof ``(b)''; in line 19, by striking ``$22,000'' and
inserting in lieu thereof ``$26,675'';
  On page 4, in line 3, before the period, by inserting ``: Provided
further, That such report shall be submitted by the director of the Kansas
water office on or before January 23, 1998, to the chairperson of the house
committee on appropriations, the chairperson of the senate committee on ways
and means, the chairperson of the house committee on environment and the
chairperson of the senate committee on energy and natural resources''; by
striking all in lines 10 through 20 and inserting in lieu thereof the
following:
  ``(b)  On the effective date of this act, the expenditure limitation
established by section 23(b) of 1997 Senate Substitute for House Bill No. 2272
on the expenditures for the one stop career center system from the one stop
career center system fund is hereby increased from $70,000 to $250,000:
Provided, That the above agency shall collaborate with the state library
to develop a plan to place one stop career center systems in libraries
throughout the state and that the department of human resources and the state
library shall jointly select libraries for placement of one stop career center
systems with priority given to those libraries which do not offer computer
internet access for patrons: Provided further, That the plan shall be
reviewed by the joint committee on computers and telecommunications.'';
  Also on page 4, in line 26, by striking ``$0'' and inserting in lieu thereof
``$250,000''; by striking all in lines 27 through 40 and inserting in lieu
thereof the following:
  ``(d)  On July 15, 1997, or as soon thereafter as moneys are available, the
director of accounts and reports shall transfer $50,000 from the Kansas
economic development endow ment account of the state economic development
initiatives fund of the department of commerce and housing to the one stop
career center system fund of the department of human resources.
  (e)  On July 1, 1997, the expenditure limitation established by section 56(b)
of 1997 Senate Substitute for House Bill No. 2160 on the one stop career center
system fund is hereby decreased from No limit to $50,000: Provided, That
the above agency shall collab orate with the state library to develop a plan to
place one stop career center systems in libraries throughout the state:
Provided further, That such plan shall be reviewed by the joint committee
on computers and telecommunications.'';
  And by relettering subsections accordingly;
  On page 6, by striking all in lines 11 through 23 and inserting in lieu
thereof the following:
  ``(a)  In addition to the other purposes for which expenditures may be made
by the above agency from the older Americans act--federal fund for the fiscal
year ending June 30, 1998, as authorized by section 59(b) of 1997 Senate
Substitute for House Bill No. 2160 or this or other appropriation act of the
1997 regular session of the legislature, and notwithstanding any provisions in
K.S.A. 1996 Supp. 75-5917 and amendments thereto and related statutes,
expenditures may be made by the above agency from the older Americans
act--federal fund for fiscal year 1998 pursuant to or for the purposes of any
agreement or contract, subject to appropriations therefor, entered into by the
secretary of aging with the department of administration or a private
not-for-profit organization to administer the office of the state long-term
care ombudsman and to carry out the state long-term care ombudsman program:
Provided, That no such agreement or contract shall be entered into by the
secretary of aging with a private not-for-profit organization to administer the
office of the state long-term care ombudsman program and no expenditures shall
be made from the older Americans act-federal fund pursuant to such agreement or
contract except upon approval by the state finance council acting on this
matter which is hereby characterized as a matter of legislative delegation and
subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto.'';
  Also on page 6, after line 27, by inserting the following:
  ``(c)  The secretary of aging and the secretary of social and rehabilitation
services are hereby directed to collaborate in the review and, if deemed
necessary, the promulgation of

                                  May 5, 1997                               787

appropriate administrative rules and regulations to facilitate the proper
administration of home and community based medicaid service programs.
  (d)  In addition to the other purposes for which expenditures may be made by
the above agency from the conferences and workshops attendance and publications
fees fund for the fiscal year ending June 30, 1998, as authorized by section
59(b) of 1997 Senate Substitute for House Bill No. 2160, expenditures may be
made by the above agency from the confer ences and workshops attendance and
publications fees fund for fiscal year 1998 for costs of creating, publishing,
copying, packaging, mailing and delivering publications.'';
  Also on page 6, in line 33, by striking ``$168,894'' and inserting in lieu
thereof ``$182,592''; in line 36, by striking ``27.5'' and inserting in lieu
thereof ``27.0'';
  On page 9, in line 9, by striking ``$40,541'' and inserting in lieu thereof
``$35,541''; after line 9, by inserting the following:
ural restoration  For the fiscal year ending June 30, 1998 - $385,000'';
  On page 15, by striking all in lines 14 through 21 and inserting in lieu
thereof the following:
  ``(a)  In addition to the other purposes for which expenditures may be made
by the above agency from moneys appropriated from the wildlife fee fund for the
fiscal year ending June 30, 1998, as authorized by section 103(b) of 1997
Senate Substitute for House Bill No. 2160, section 24(h) or section 24(i) of
1997 Senate Substitute for House Bill No. 2166, or by this or other
appropriation act of the 1997 regular session of the legislature, expenditures
may be made by the above agency from the following account or accounts of the
wildlife fee fund for fiscal year 1998, subject to the expenditure limitations
prescribed therefor:
                       Implementation of 1997 House Bill No. 2361 - $25,000
Provided, That all expenditures from the implementation of 1997 House
Bill No. 2361 account shall be in addition to any expenditure limitation
imposed on the wildlife fee fund for fiscal year 1998: Provided further,
That the secretary of wildlife and parks shall submit a report to the 1998
legislature specifying the expenditures made from this ac count, or any other
moneys available therefor, to implement 1997 House Bill No. 2361 and specifying
the recovery plans for threatened and endangered species developed during
fiscal year 1998.'';
  Also on page 15, after line 37, by inserting the following:
  ``(e)  In addition to the other purposes for which expenditures may be made
by the above agency from the moneys appropriated from the state general fund or
in one or more special revenue funds for the fiscal year ending June 30, 1998,
as authorized by this or other appropriation act of the 1997 regular session of
the legislature, expenditures may be made by the above agency from such
appropriations for fiscal year 1998 for operating expenditures for the issuance
of licenses for controlled shooting areas for up to 160 acres in Haskell county
licensed as one or more controlled shooting areas in addition to the acreage
equal to 2% of the total acreage of the county, which licenses for controlled
shooting areas located in Haskell county are hereby authorized notwithstanding
the provisions of K.S.A. 32-944 and 32-945 and amendments thereto.'';
  On page 16, after line 19, by inserting the following:
                       ``For the fiscal year ending June 30, 1998 - $32,267
  (b)  On July 1, 1997, the position limitation established by section 95 of
1997 Senate Substitute for House Bill No. 2160 for the above agency is hereby
increased from 6.0 to 7.0.'';
  On page 19, in line 14, by striking ``$340,648'' and inserting in lieu
thereof ``$315,804''; in line 19, by striking ``$53,637'' and inserting in lieu
thereof ``$57,583'';
  On page 20, in line 8, by striking ``4,283.3'' and inserting in lieu thereof
``4,286.8''; in line 12, by striking ``$236,808,537'' and inserting in lieu
thereof ``$237,262,031''; in line 25, by striking ``$126,961'' and inserting in
lieu thereof ``$122,961''; in line 30, by striking ``$126,961'' and inserting
in lieu thereof ``$122,961'';
  Also on page 20, after line 34, by inserting the following:

788                          JOURNAL OF THE SENATE

40 implementation  For the fiscal year ending June 30, 1998 - $3,819,106
Provided, That no expenditures shall be made from the SB 140
implementation account unless 1997 House Substitute for Senate Bill No. 140 is
enacted into law: Provided, however, That the moneys in this account
shall not be subject to transfers to any other state general fund account as
authorized in section 61(e) of 1997 Senate Substitute for House Bill No. 2160
or to pursuant to K.S.A. 75-3726a and amendments thereto: Provided
further, That, if 1997 House Substitute for Senate Bill No. 140 is enacted
into law, then the above agency may make expenditures from this account for the
purposes of implementing the provisions of 1997 House Substitute for Senate
Bill No. 140 and financing the operations and programs of the above agency for
or related to implementing the provisions of such enactment.
utions operations  For the fiscal year ending June 30, 1998 - $45,961'';
  On page 21, by striking all in lines 17 through 21;
  And by relettering subsections accordingly;
  Also on page 21, after line 37, by inserting the following:
  ``(n)  In addition to the other purposes for which expenditures may be made
by the above agency from the mental health and retardation services aid and
assistance and state institutions operations account of the state general fund
for the fiscal year ending June 30, 1998, as authorized by section 61(a) of
1997 Senate Substitute for House Bill No. 2160, expenditures shall be made by
the above agency from the mental health and retardation services aid and
assistance and state institutions operations account of the state general fund
for fiscal year 1998 in accordance with an allocation adopted for expenditures
during the fiscal year ending June 30, 1998, which allocation is hereby
authorized and directed to be made by the above agency for fiscal year 1998,
which allocation shall be of an amount of not less than $1,500,000 of the
moneys appropriated in such account, and which allocation shall be an
allocation among community developmental disability organizations and pro
portionately based in accordance with the following:  The funding shall be
distributed among community developmental disability organizations
proportionately by multiplying the amount to be allocated by the result
obtained by dividing (1) the aggregate of the number of clients served by the
community developmental disability organization, as identified in the
consolidated grant agreement between the community developmental disability
organ ization and the department of social and rehabilitation services, and the
number of clients served by the community developmental disability organization
with funding through the home and community services waiver program for the
developmentally disabled, by (2) the aggregate of the number of clients served
by all community developmental disability organ izations, as identified in the
consolidated grant agreement between the community devel opmental disability
organizations and the department of social and rehabilitation services, and the
number of clients served by all community developmental disability
organizations with funding through the home and community services for the
mentally retarded (HCBS/ MR) medicaid waiver program: Provided, That in
addition to other purposes for which such funding may be expended by the
community developmental disability organizations, such funding may be expended
by the community developmental disability organizations for costs incurred by
such organizations as a result of the implementation of the provisions of the
developmental disabilities reform act: Provided further, That a
contingency reserve shall be established by the secretary of social and
rehabilitation services of not more than $600,000 from all funds for fiscal
year 1998, including not more than $250,000 in the mental health and
retardation services aid and assistance and state institutions operations
account of the state general fund, and shall be used at the discretion of the
secretary of social and reha bilitation services, in consultation with the
community developmental disability organiza tions, on an as-needed basis to
assist in the financing of the HCBS/MR medicaid waiver program (1) when
caseloads exceed consensus estimates, or (2) when individuals require services
in excess of that level of services which can be reasonably financed within the
existing HCBS/MR medicaid waiver program tier-based rates and individualized
special care rates are required: Provided further, That the department of
social and rehabilitation serv

                                  May 5, 1997                               789

ices shall not require that community developmental disability organizations
providing serv ices under the HCBS/MR medicaid waiver program make expenditures
of moneys of the community developmental disability organizations derived from
other than federal or state sources for support of the HCBS/MR medicaid waiver
program: And provided further, That all expenditures by the department of
social and rehabilitation services from the mental health and retardation
services aid and assistance and state institutions operations account of the
state general fund for fiscal year 1998 for the provision of services for
developmentally disabled persons by community developmental disability
organizations under the HCBS/ MR medicaid waiver program shall be in accordance
with the current caseload consensus estimates adopted by the caseload
estimating group, which shall include staff members of the division of the
budget of the department of administration, staff members of the de partment of
social and rehabilitation services and staff members of the legislative
research department: And provided further, That the secretary of social
and rehabilitation services, in consultation with the community developmental
disability organizations, shall develop amendments to the existing HCBS/MR
medicaid waiver program and apply for additional federal medicaid waivers to
maximize federal participation in the HCBS/MR medicaid waiver program.'';
  On page 22, in line 16, by striking ``$117,053,568'' and inserting in lieu
thereof ``$117,628,568''; by striking all in lines 42 and 43;
  On page 23, by striking all in lines 1 through 3 and inserting in lieu
thereof the following:
ice transition fund  For the fiscal year ending June 30, 1998 - No limit
Provided, That expenditures from this fund shall be in addition to the
expenditure limitation on the state operations account of the social services
clearing fund.
ren investment fund  For the fiscal year ending June 30, 1998 - No limit
Provided, That portion of all moneys transferred from the state general
fund to the family and children investment fund pursuant to subsection (e) of
K.S.A. 38-1808 and amendments thereto that are attributable to moneys credited
to the family and children trust account of the family and children investment
fund shall be credited to the family and children trust account--family and
children investment fund.'';
  Also on page 23, after line 10, by inserting the following:
  ``(u)  In addition to the other purposes for which expenditures may be made
by the above agency from moneys appropriated from the state general fund or
from special revenue funds for the fiscal year ending June 30, 1998, as
authorized by section 61 of 1997 Senate Substitute for House Bill No. 2160 or
this or other appropriation act of the 1997 regular session of the legislature,
expenditures may be made by the above agency from moneys appropriated from the
state general fund or from special revenue funds for fiscal year 1998 to
develop and implement a plan to expand health care coverage for children:
Provided, That such plan may include provision for financial
participation on a sliding fee basis in the health care coverage plan by plan
participants: Provided further, That the above agency shall not implement
a plan to expand health care coverage for children until such plan has been
reviewed with the SRS transition oversight committee.'';
  Also on page 23, in line 27, by striking ``$14,220,475'' and inserting in
lieu thereof ``$14,440,475''; in line 38, by striking ``$450,000'' and
inserting in lieu thereof ``$400,000'';
  On page 24, after line 4, by inserting the following:
tion picture and television  production sales tax reimbursements - $220,000
Provided, That all expenditures from the motion picture and television
production sales tax reimbursements account shall be made to reimburse sales
and use taxes paid on sales of tangible personal property purchases by or on
behalf of a motion picture or television pro duction company to be used or
consumed in association with an eligible production in accordance with
administrative policies and procedures adopted by the secretary of com merce
and housing, including any necessary forms: Provided, however, That all
reimburse ments from this account shall be based on valid receipts for taxes
paid for taxable transactions occurring on or after July 1, 1997: Provided
further, That, as used in this proviso, eligible

790                          JOURNAL OF THE SENATE

production includes feature-length motion pictures intended for theatrical
release or for exhibition on national television by a network or through
national syndication, television projects for broadcast on a network or through
national syndication, direct video and com pact disc projects and television
commercials.'';
  Also on page 24, in line 29, by striking ``$1,833,062'' and inserting in lieu
thereof ``$1,742,378''; after line 39, by inserting the following:
  ``(c)  In addition to the other purposes for which expenditures may be made
by the office of the securities commissioner of Kansas from moneys appropriated
from the state general fund or from any special revenue fund for the fiscal
year ending June 30, 1998, and from which expenditures may be made for salaries
and wages, as authorized by section 19 of 1997 Senate Substitute for House Bill
No. 2160 or by this or other appropriation act of the 1997 regular session of
the legislature, expenditures may be made by the office of the securities
commissioner of Kansas from such moneys appropriated from the state general
fund or from any special revenue fund for fiscal year 1998 for director
positions in the unclassified service under the Kansas civil service act as
necessary to effectively carry out the mission of the office of securities
commissioner: Provided, That all such additional full-time equiv alent
positions in the unclassified service under the Kansas civil service act shall
be in addition to other positions within the office of the securities
commissioner of Kansas in the unclassified service as prescribed by law:
Provided further, That such director positions shall not be subject to
the position limitation established for the office of the securities commis
sioner of Kansas on the number of full-time and regular part-time positions
equated to fulltime, excluding seasonal and temporary positions, paid from
appropriations for fiscal year 1998: And provided further, That such
directors shall serve at the pleasure of the securities commissioner and shall
receive such compensation as may be fixed by the securities com missioner and
approved by the governor: Provided, however, That the authority to
establish such additional positions in the unclassified service shall not
affect the classified service status of any person who is an employee of the
office of the securities commissioner of Kansas in the classified service under
the Kansas civil service act on the day immediately preceding the effective
date of this act.'';
  And by relettering subsections accordingly;
  Also on page 24, in line 43, by striking ``$1,787,440'' and inserting in lieu
thereof ``$1,745,254'';
  On page 25, in line 4, by striking ``28.0'' and inserting in lieu thereof
``27.0''; in line 8, by striking ``28.0'' and inserting in lieu thereof
``27.0''; in line 25, by striking ``$459,920'' and inserting in lieu thereof
``$460,145''; in line 29, by striking ``$446,303'' and inserting in lieu
thereof ``$464,303'';
  On page 26, in line 5, by striking ``$1,644,000'' and inserting in lieu
thereof ``$2,844,000''; in line 7, by striking ``$7,228,000'' and inserting in
lieu thereof ``$6,628,000''; by striking all in lines 8 through 13; by striking
all in lines 33 through 43;
  On page 27, by striking all in lines 1 through 10; after line 16, by
inserting the following:
ing expenditures  For the fiscal year ending June 30, 1998 - $200,000'';
  On page 28, after line 43, by inserting the following:
  ``(p)  On July 1, 1997, the appropriation made by section 58(c) of 1997
Senate Substitute for House Bill No. 2160 from the water plan special revenue
fund in the saline study-Ogallala aquifer account of the water plan special
revenue fund is hereby lapsed. On July 1, 1997, the expenditure limitation
established by section 58(b) of 1997 Senate Substitute for House Bill No. 2160
on the water plan special revenue fund is hereby decreased from $4,053,398 to
$4,003,398. On July 1, 1997, the amount of $3,708,562 authorized by section
58(d) of 1997 Senate Substitute for House Bill No. 2160 to be transferred by
the director of accounts and reports from the state water plan fund of the
Kansas water office to the water plan special revenue fund of the department of
health and environment is hereby decreased to $3,658,562.
  (q)  In addition to the other purposes for which expenditures may be made by
the de partment of health and environment from moneys appropriated from the
state general fund or from any special revenue fund for the fiscal year ending
June 30, 1998, and from which

                                  May 5, 1997                               791

expenditures may be made for salaries and wages, as authorized by section 58 of
1997 Senate Substitute for House Bill No. 2160 or by this or other
appropriation act of the 1997 regular session of the legislature, expenditures
may be made by the department of health and environment from such moneys
appropriated from the state general fund or from any special revenue fund for
fiscal year 1998 for up to four full-time equivalent positions in the un
classified service under the Kansas civil service act: Provided, That all
such additional fulltime equivalent positions in the unclassified service under
the Kansas civil service act shall be in addition to other positions within the
department of health and environment in the unclassified service as prescribed
by law and shall be established by the secretary of health and environment
within the position limitation established for the department of health and
environment on the number of full-time and regular part-time positions equated
to fulltime, excluding seasonal and temporary positions, paid from
appropriations for fiscal year 1998 made by section 58 of 1997 Senate
Substitute for House Bill No. 2160 or by this or other appropriation act of the
1997 regular session of the legislature or any appropriation act of the 1998
regular session of the legislature: Provided, however, That the authority
to establish such additional positions in the unclassified service shall not
affect the classified service status of any person who is an employee of the
department of health and environment in the classified service under the Kansas
civil service act on the day immediately preceding the effective date of this
act.'';
  On page 29, by striking all in lines 8 through 10;
  On page 30, in line 2, by striking ``$18,992,412'' and inserting in lieu
thereof ``$19,575,290''; after line 15, by inserting the following:
ity initiatives  ``For the fiscal year ending June 30, 1998 - $2,500,000
Provided, That expenditures shall be made from the community initiatives
account for com munity-based initiatives designed to relieve the demands upon
juvenile correctional facilities and to provide a community-centered,
prevention-focused juvenile justice system which includes diversion, a
continuum of community sanctions and post-release, aftercare services:
Provided further, That all expenditures made from this account shall be
based upon the proportionate needs of the 31 judicial districts in juvenile
justice matters: And provided further, That no expenditures shall be made
from this account except upon approval of the state finance council acting on
this matter which is hereby characterized as a matter of legislative delegation
and subject to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c
and amendments thereto and acting after the commissioner of juvenile justice
has submitted a plan for the expenditure of the moneys appropriated in this
account to the joint committee on corrections and juvenile justice oversight
which describes how such expend itures will satisfy the above-stated
objectives: And provided further, That the commissioner of juvenile
justice shall report on a regular basis to the joint committee on corrections
and juvenile justice oversight regarding the expenditures from this account.'';
  On page 31, in line 9, by striking all after ``the''; in line 10, by striking
``account'' and inserting in lieu thereof ``Byrne grant--federal fund'';
  On page 32, in line 36, before the colon, by inserting ``, including a review
of privatization options'';
  On page 33, in line 34, by striking ``or'' and inserting in lieu thereof
``of'';
  On page 34, in line 11, by striking ``Upon'' and inserting ``On or after July
1, 1997, during fiscal year 1998, upon'';
  On page 37, by striking all in lines 6 through 8;
  And by relettering subsections accordingly;
  Also on page 37, in line 24, by striking ``fund''; in line 25, by striking
``$676,956'' and inserting in lieu thereof ``$776,956''; in line 26, by
striking ``no expenditures may be made from the above account'' and inserting
in lieu thereof ``expenditures may be made from the capacity expansion planning
account for planning for new construction at Norton correc tional facility:
Provided, however, That the aggregate of expenditures from the capacity
expansion planning account for fiscal year 1997 and fiscal year 1998 shall not
exceed $364,586''; in line 29, by striking all after ``thereto''; by striking
all in lines 30 through 34; in line 35, by striking all before the colon and
inserting the following: ``and acting after the

792                          JOURNAL OF THE SENATE

above agency has issued requests for proposals for two 200-bed correctional
facilities during fiscal year 1998''; by striking all in lines 37 and 38; in
line 40, by striking ``$297,500'' and inserting in lieu thereof ``$262,500'';
by striking all in lines 41 through 43;
  On page 38, by striking all in lines 1 through 4 and inserting in lieu
thereof the following:
mmunity corrections  For the fiscal year ending June 30, 1998 - $700,000
Provided, That no expenditure shall be made of the $700,000 appropriated
from the state general fund by this section in the community corrections
account except upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject
to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c and
amendments thereto after the review of the agency's project or projects rec
ommendation by the joint committee on corrections and juvenile justice:
Provided further, That the above agency's project or projects shall
target probation violators to reduce prison population.
  (b)  On July 1, 1997, of the $120,111,310 appropriated for the above agency
for the fiscal year ending June 30, 1998, by section 81(a) of 1997 Senate
Substitute for House Bill No. 2160 from the state general fund in the
facilities operations account, the sum of $295,652 is hereby lapsed.'';
  Also on page 38, by striking all in lines 12 through 15 and inserting in lieu
thereof the following:
cility 200-bed unit  For the fiscal year ending June 30, 1998 - $780,712
Provided, That no expenditures may be made from the partial construction
of Norton cor rectional facility 200-bed unit account except upon approval of
the state finance council acting on this matter which is hereby characterized
as a matter of legislative delegation and subject to the guidelines prescribed
by subsection (c) of K.S.A. 75-3711c and amendments thereto after the review of
the recommendation by the joint committee on corrections and juvenile justice.
facility south unit  For the fiscal year ending June 30, 1998 - $227,497
Provided, That no expenditures may be made from the construction of
32-bed unit at Hutch inson correctional facility south unit account except upon
approval of the state finance council acting on this matter which is hereby
characterized as a matter of legislative dele gation and subject to the
guidelines prescribed by subsection (c) of K.S.A. 75-3711c and amendments
thereto after the review of the recommendation by the joint committee on
corrections and juvenile justice.'';
  Also on page 38, in line 25, by striking all after ``for'' where it first
appears; by striking all in line 26; in line 27, by striking all before the
colon and inserting in lieu thereof the following: ``the preparation and
issuance of requests for proposals for the design, construc tion and operation
of a 200-bed medium custody adult male correctional facility and a 200bed
low-cost special population unit: Provided, That such requests for
proposals may be prepared and issued but shall not be awarded until after the
annual projections of the Kansas sentencing commission and the resulting
department of corrections projections regarding classification of the inmate
population have been completed and the department of correc tions has advised
and consulted with the joint committee on corrections and juvenile justice
oversight regarding the sentencing projections and the inmate population
classification by the department of corrections and regarding the department of
correction's recommenda tions regarding existing and approved inmate capacity:
Provided further, That no expendi tures shall be made for the awarding of
such requests for proposals and such requests for proposals shall not be
awarded except upon approval of the state finance council acting on this matter
which is hereby characterized as a matter of legislative delegation and subject
to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c and
amendments thereto and acting on this matter after receiving the
recommendations of the joint committee on corrections and juvenile justice
oversight thereon: And provided further, That the annual projections of
the Kansas sentencing commission shall be based on participation of the

                                  May 5, 1997                               793

sentencing commission inmate population consensus group which shall include as
a member the director of the Kansas legislative research department, or the
director's designee: And provided further, That bidders responding to the
requests for proposals shall not be excluded from submitting combined bids on
both requests for proposals if the objectives of both requests for proposals
are satisfied: And provided further, That the department of correc tions
shall not be excluded from submitting responses on both requests for
proposals'';
  Also on page 38, in line 29, by striking ``$76,010'' and inserting in lieu
thereof ``$80,000''; by striking all in lines 30 through 41 and inserting in
lieu thereof the following:
  ``(f)  In addition to the other purposes for which expenditures may be made
by the above agency from the planning for new general housing population units
account of the correc tional institutions building fund for the fiscal year
ending June 30, 1997, as authorized by section 33 of chapter 259 of the 1996
Session Laws of Kansas, and for the fiscal year ending June 30, 1998, as
authorized by section 28 of 1997 Senate Substitute for House Bill No. 2166,
expenditures may be made by the above agency from the planning for new general
housing population units account of the correctional institutions building fund
for fiscal year 1997 and for fiscal year 1998 for the department of corrections
to assist the legislature and to develop and adopt a ten-year corrections
master plan for the legislature to guide the development and expansion of
correctional programs and facilities: Provided, That a scope statement of
the ten-year corrections master plan shall be presented to the joint committee
on corrections and juvenile justice oversight on or before September 1, 1997:
Provided further, That, after such presentation, the above agency shall
advise and consult with such joint committee and shall assist in revising such
master plan prior to finalization of such master plan: And provided
further, That expenditures may be made by the above agency from such account
of such fund for fiscal year 1997 and fiscal year 1998 for such experts and
consultants as are necessary to develop such master plan: And provided
further, That the master plan shall include:
  (1)  Enhanced or expanded community corrections programs; the plan shall
address how such programs will slow the growth of the need for new prison beds
or reduce the need for new prison beds; review of community correction programs
may include, but not be limited to, intensive supervision, short-term jail
sentences, half-way houses and community-based work;
  (2)  any future expansion of state correctional facilities;
  (3)  a work academy or mobile facility;
  (4)  a public-private contract for the building and operation of a
correctional facility to house probation and conditional release violators or
other special populations;
  (5)  a guide for community-based facilities;
  (6)  consolidation or centralization of field services;
  (7)  correctional bed needs in the future;
  (8)  private expansion with specific recommendations on criteria to guide the
determi nation of any program appropriate for privatization, to assist in
determining the placement of any such facility and to guide in the selection of
any private provider;
  (9)  specific programs to deal with specific populations within the existing
state facilities that could be served in the community to ease capacity demands
on the existing state institutions and the cost basis and effectiveness of such
programs;
  (10)  contracts with profit or nonprofit corporations which would serve to
reduce the demands on the state facilities;
  (11)  projected costs of any such plans developed or recommended; and
  (12)  identification of any revenue source sufficient to appropriately fund
any plans de veloped or recommended: And provided further, That the
department of corrections shall meet regularly with the joint committee on
corrections and juvenile justice regarding the development of the ten-year
corrections master plan and prepare a preliminary report for the 1998
legislature: And provided further, That the aggregate of expenditures
from such account of such fund for fiscal year 1997 and fiscal year 1998 for
such purposes shall not exceed $80,000.'';
  On page 39, in line 26, by striking ``correctional facilities at Hutchinson
and Norton'' and inserting in lieu thereof ``a correctional facility at
Hutchinson pending the outcome of the department's requests for proposals for a
200-bed medium custody adult male correctional

794                          JOURNAL OF THE SENATE

facility''; in line 27, by striking ``correctional facilities at Hutchinson and
Norton are'' and inserting in lieu thereof the following: ``a correctional
facility at Hutchinson is''; in line 32, by striking ``$7,481,057'' and
inserting in lieu thereof ``$6,700,345''; in line 36, before ``And'' by
inserting ``And provided further, That no bonds may be issued until after
April 11, 1998:'';
  On page 40, in line 39, by striking ``increased'' and inserting in lieu
thereof ``decreased''; also in line 39, by striking ``3,019.5'' and inserting
in lieu thereof ``3,007.5'';
  On page 41, after line 38, by inserting the following:
``Cedar Crest repair and renovation  For the fiscal year ending June 30,
1998$500,000
  For the fiscal year ending June 30, 1999$500,000
c broadcasting study  For the fiscal year ending June 30, 1998 - $20,000
  On page 43, in line 7, by striking ``(f)'' and inserting in lieu thereof
``(g)'';
  On page 56, after line 27, by inserting the following:
  ``(b)  There is appropriated for the above agency from the state general fund
for the fiscal year or years specified, the following:
Operating expenditures  For the fiscal year ending June 30, 1998$250,000
ncy enhancements  For the fiscal year ending June 30, 1998 - $140,000'';
  On page 57, after line 7, by inserting the following:
  ``Sec. 1.
                                JUDICIAL BRANCH
  (a)  There is appropriated for the above agency from the state general fund
for the fiscal year or years specified, the following:
udiciary operations  For the fiscal year ending June 30, 1998 - $200,000
  (b)  There is appropriated for the above agency from the following special
revenue fund or funds for the fiscal year or years specified, all moneys now or
hereafter lawfully credited to and available in such fund or funds, except that
expenditures other than refunds author ized by law shall not exceed the
following:
ren investment fund  For the fiscal year ending June 30, 1998 - No limit
Provided, That portion of all moneys transferred from the state general
fund to the family and children investment fund pursuant to subsection (e) of
K.S.A. 38-1808 and amendments thereto that are attributable to moneys credited
to the permanent families account of the family and children investment fund
shall be credited to the permanent families account-family and children
investment fund.
  Sec. 2.
                    KANSAS TECHNOLOGY ENTERPRISE CORPORATION
  (a)  In addition to the other purposes for which expenditures may be made by
the Kansas technology enterprise corporation from the operations, assistance
and grants (including of ficial hospitality) account of the economic
development research and development fund for the fiscal year ending June 30,
1998, as authorized by section 53(a) of 1997 Senate Substitute for House Bill
No. 2160 or by this or other appropriation act of the 1997 regular session of
the legislature, expenditures shall be made by the Kansas technology enterprise
corporation for fiscal year 1998 from the operations, assistance and grants
(including official hospitality) account of the economic development research
and development fund to prepare and pres ent a report to the joint committee on
economic development prior to the 1998 regular session of the legislature
setting forth the criteria used to select projects and programs for financing,
and setting forth the criteria for return on public investment in such projects
and programs, that were financed by the Kansas technology enterprise
corporation during fiscal year 1996 and fiscal year 1997, whether financed
directly by the above agency or through programs, funds or entities that are
subject to control, supervision or oversight by the Kansas technology
enterprise corporation, specifically including the six for-profit investment
funds

                                  May 5, 1997                               795

in which the Kansas technology enterprise corporation holds equity interests,
during fiscal year 1996 or fiscal year 1997: Provided, That such report
shall include a review of the extent to which the Kansas technology enterprise
corporation has been involved in investment decisions and shall include a
review of the procedures used by the Kansas technology en terprise corporation
or any such program, fund or other entity to ensure compliance with the
provisions of agreements entered into with respect to such financing.'';
  And by renumbering sections accordingly;
  On page 58, by striking all in lines 17 through 43;
  By striking all of page 59;
  On page 60, by striking all in lines 1 through 24;
  And by renumbering sections accordingly;
  On page 1, in the title, in line 15, by striking all after the semicolon; in
line 16, by striking all before ``amending''; by striking all in line 17; in
line 18, by striking all before ``section'' where it appears for the last time;
in line 20, by striking ``sections'' and inserting in lieu thereof ``section'';
  And your committee on conference recommends the adoption of this report. Dave
Kerr
Alicia Salisbury
Marge Petty Conferees on part of Senate Phil Kline
Mike Farmer
Henry Helgerson, Jr. Conferees on part of House   Senator Kerr moved the Senate
adopt the Conference Committee report on S. Sub. for HB 2576.
  On roll call, the vote was: Yeas 26, nays 14, present and passing 0;
absent or not voting 0.
  Yeas: Becker, Biggs, Bleeker, Bond, Brownlee, Corbin, Donovan, Downey, Emert,
Gil strap, Gooch, Goodwin, Hardenburger, Harrington, Jordan, Kerr, Langworthy,
Lawrence, Morris, Oleen, Petty, Praeger, Salisbury, Schraad, Steffes,
Vidricksen.
  Nays: Barone, Clark, Feleciano, Hensley, Huelskamp, Jones, Karr, Lee, Pugh,
Ranson, Salmans, Steineger, Tyson, Umbarger.
  The Conference Committee report was adopted.
                              EXPLANATION OF VOTE
  Mr. President: When laws are being made here at this Topeka Sausage Factory
you get things you agree with, things you are ambivalent about and things that
you feel make no sense and are bad public policy.
  One item in this bill that I have a major problem with is the exorbitant
amount of money for prison construction. To spend $33,000 per prison cell is to
build a Taj Mahal rather than a basic prison.
  I have traveled all over this state and I've talked to thousands of Kansans.
Over and over they feel that prisoners live better than many of the hard
working citizens of this state. They're mad that prisoners don't have to work.
That they have fine facilities, get three square meals a day, have a library
and a gym, even cable TV.
  Many of the hard working Kansans would love to have such a good life. I
disagree with this prison construction program, but the other provisions of
this bill far outweigh my feel ings about this giant truckload of sausage.
  So, Mr. President, I vote aye!--Rich Becker
  Mr. President: I have passed out on senators' desks a pair of rose colored
glasses. I swallow hard today and vote yes on this omnibus over-spending bill
wearing these rose colored glasses.--Nancey Harrington
  Senator Jordan requests the record to show he concurs with the ``Explanation
of Vote'' offered by Senator Harrington on S. Sub. for HB 2576.

796                          JOURNAL OF THE SENATE

  Mr. President: While I commend the work of the Senate Ways and Means
conferees, I cannot in good conscience vote for this bill. The Senate position
to reject a thirteenth check for state retirees is totally unacceptable.
  The state's economy has been strong for the last three years; there have been
increased earnings coming into the state retirement system; the equilibrium
date for the unfunded liability has been shortened by some twelve years. And
for these reasons, I cannot vote to again deny state retirees a thirteenth
check, or any other kind of cost-of-living increase.
  Mr. President, I vote no on this bill, and strongly urge the Senate to work
to give state retirees a cost of living increase they need and
deserve.--Anthony Hensley
  Senators Barone, Feleciano and Lee request the record to show they concur
with the ``Explanation of Vote'' offered by Senator Hensley on S. Sub. for
HB 2576.
  Mr. President: I vote aye on S. Sub. for HB 2576. Not because I think
it is a prudent or wise budget, but because the Senate Conference Committee
conferees have done everything they can to hold the Senate's well-reasoned
position on 1998 spending. Unfortu nately, the House has chosen to increase
spending on items which should wait for another year or perhaps be given a
second or third look.
  It is my hope that the Governor will take his very sharp veto pencil and
line-item the measures that have sent the Omnibus bill so far out of line from
the budget he sent us in January.
  I want to thank the conference committee members for the many hours of hard
work they put in on S. Sub. for HB 2576, and hope that next year we will
come back and fashion something more prudent and responsible.--Barbara Lawrence
  Mr. President: I have a great respect for our Ways and Means Chairman. If he
had not held firm and if he had not had such a good grasp of state fiscal
spending, we could have before us a much larger budget than we have at this
time.
  However, this spending package grows state government at an alarming rate. A
rate that is 2 1/2 times that of inflation, resulting in a larger government.
Therefore I cannot support this high rate of spending that this bill
demands.--Robert Tyson
  Senators Clark, Huelskamp and Salmans requests the record to show they concur
with the ``Explanation of Vote'' offered by Senator Tyson on S. Sub. for HB
2576.

REPORT ON ENGROSSED BILLS

  H. Sub. SB 36 reported correctly engrossed May 4, 1997.
  SB 53 reported correctly engrossed May 5, 1997.
  SB 132, 184, 214 reported correctly engrossed May 5, 1997.
  SB 40, 146, 204 reported correctly re-engrossed May 5, 1997.

REPORT ON ENROLLED BILLS

    SB 38, 164; Sub. for SB 317; SB 325, 337 reported correctly enrolled,
properly signed and presented to the Governor on May 5, 1997.
  On motion of Senator Emert, the Senate recessed until 7:30 p.m.
 Evening Session   The Senate met pursuant to recess with President Bond
in the chair.

MESSAGE FROM THE HOUSE

  Announcing passage of House Substitute for SB 140, as amended.
  Announcing the House adopts the conference committee report on Senate
Substitute for HB 2576.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate
and House of Representatives be suspended for the purpose of considering the
following bill: H. Sub. for SB 140.

                                  May 5, 1997                               797


CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

  Senator Emert moved the Senate Concur in house amendments to H. Sub.
for SB 140.
  H. Sub. for SB 140, An act concerning child support enforcement; the
uniform interstate family support act; income withholding act; amending K.S.A.
21-3805, 23-4,101, 23-4,106, 23-4,107, 23-4,108, 23-4,109, 23-4,110, 23-4,111,
23-4,129, 23-4,133, 23-4,146, 23-9,101, 23-9,202, 23-9,205, 23-9,206, 23-9,207,
23-9,301, 23-9,304, 23-9,305, 23-9,306, 23-9,307, 23-9,311, 23-9,313, 23-9,401,
23-9,501, 23-9,605, 23-9,606, 23-9,607, 23-9,609, 23-9,610, 23-9,611, 23-9,801,
23-9,902, 32-930, 38-1113, 38-1131, 39-702, 39-753, 39-758, 39-759, 44-514,
44-710b, 60-2202, 60-2401 and 75-3306 and K.S.A. 1996 Supp. 38-1115, 38-1119,
38-1121, 38-1137, 38-1138, 44-710, 44-717, 60-1610, 74-146, 74-147 and 79-3234
and re pealing the existing sections, was considered on final action.
  On roll call, the vote was: Yeas 24, nays 16, present and passing 0; absent
or not voting 0.
  Yeas: Barone, Becker, Biggs, Bond, Downey, Emert, Gooch, Goodwin, Hensley,
Jones, Karr, Kerr, Langworthy, Lee, Morris, Oleen, Petty, Praeger, Ranson,
Salisbury, Schraad, Steffes, Steineger, Vidricksen.
  Nays: Bleeker, Brownlee, Clark, Corbin, Donovan, Feleciano, Gilstrap,
Hardenburger, Harrington, Huelskamp, Jordan, Lawrence, Pugh, Salmans, Tyson,
Umbarger.
  The Senate concurred.
                        EXPLANATION OF VOTE
  Mr. President: H. Sub. for SB 140 epitomizes what I call the ``need some, force
all'' principle. In the interest of those who need some help, we justify
forcing all to give up much.--Laurie Bleeker
  Mr. President: When we talk about child support enforcement, we envision
children who have become victims of their parents' divorce. But in more than
half the cases, this is not true.
  Paternity testing, mentioned many times in this bill, is at issue because we
are being asked to collect child support for children whose parents never
married. We don't know who the father is. Certainly, however, every child
deserves support.
  This issue and the abortion issue have the same underlying root cause.
Promiscuity is running rampant in America. All the well-intentioned laws in the
U.S.A., including H. Sub. for SB 140, cannot effectively change this. We need parents
to stop wringing their hands and begin to raise their children with a deep
sense of right and wrong. Our culture needs heroes who honor marriage and honor
the Creator who designed the beauty of marriage between a man and a woman
committed to each other for life.
  Is this old-fashioned? No. It's the most effective way to prevent abortions
and provide for the needs and support of children.
  I vote no on H. Sub. for SB 140.--Karin Brownlee
  Mr. President: Our forefathers established our individual rights in our
constitution, in our Bill of Rights, and in our laws. In H. Sub. for SB
140 we are giving up these rights.
  We are slowly giving up the one thing, called individual liberty, that has
distinguished us from other major world governments and that has blessed this
government with success unparalleled in modern history.
  Vote no and vote against H. Sub. for SB 140 which has waged war against
the principles of freedom and liberty that has built this state and
country.--Robert Tyson
  Senator Salmans requests the record to show he concurs with the ``Explanation
of Vote'' offered by Senator Tyson on H. Sub. for SB 140.

MESSAGE FROM THE HOUSE

  Announcing the House adopts the conference committee report on House
Substitute for SB 264.
  The House adopts the conference committee report on House Substitute
for SB 363.

ORIGINAL MOTION

  Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and
House of Representatives be suspended for the purpose of considering the
following bills: House Substitute for SB 264; House Substitute for SB
363.

798                          JOURNAL OF THE SENATE


CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to House Substitute for SB 264, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed with House Committee
of the Whole amendments, as follows:
  On page 2, after line 6, by inserting the following:
  ``Sec. 3.  On and after July 1, 1997, K.S.A. 1996 Supp. 21-4705 is hereby
amended to read as follows: 21-4705. (a) For the purpose of sentencing, the
following sentencing guide lines grid for drug crimes shall be applied in
felony cases under the uniform controlled substances act for crimes committed
on or after July 1, 1993:

                                  May 5, 1997                               799


800                          JOURNAL OF THE SENATE

  (b)  The provisions of subsection (a) will apply for the purpose of
sentencing violations of the uniform controlled substances act except as
otherwise provided by law. Sentences expressed in the sentencing guidelines
grid for drug crimes in subsection (a) represent months of imprisonment.
  (c) (1)  The sentencing court has discretion to sentence at any place within
the sen tencing range. The sentencing judge shall select the center of the
range in the usual case and reserve the upper and lower limits for aggravating
and mitigating factors insufficient to warrant a departure. The sentencing
court shall not distinguish between the controlled sub stances cocaine base
(9041L000) and cocaine hydrochloride (9041L005) when sentencing within the
sentencing range of the grid block.
  (2)  In presumptive imprisonment cases, the sentencing court shall pronounce
the com plete sentence which shall include the prison sentence, the maximum
potential reduction to such sentence as a result of good time and the period of
postrelease supervision at the sentencing hearing. Failure to pronounce the
period of postrelease supervision shall not negate the existence of such period
of postrelease supervision.
  (3)  In presumptive nonprison cases, the sentencing court shall pronounce the
prison sentence as well as the duration of the nonprison sanction at the
sentencing hearing.
  (d)  Each grid block states the presumptive sentencing range for an offender
whose crime of conviction and criminal history place such offender in that grid
block. If an offense is classified in a grid block below the dispositional
line, the presumptive disposition shall be nonimprisonment. If an offense is
classified in a grid block above the dispositional line, the presumptive
disposition shall be imprisonment. If an offense is classified in grid blocks
3E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F, the court may impose an optional nonprison
sentence upon making the following findings on the record:
  (1)  An appropriate treatment program exists which is likely to be more
effective than the presumptive prison term in reducing the risk of offender
recidivism; and
  (2)  the recommended treatment program is available and the offender can be
admitted to such program within a reasonable period of time; or
  (3)  the nonprison sanction will serve community safety interests by
promoting offender reformation.
  Any decision made by the court regarding the imposition of an optional
nonprison sen tence if the offense is classified in grid blocks 3-E, 3-F, 3-G,
3-H, 3-I, 4-E or 4-F shall not be considered a departure and shall not be
subject to appeal.
  Sec. 4.  On and after July 1, 1997, K.S.A. 22-3212 is hereby amended to read
as follows: 22-3212. (a) Upon request, the prosecuting attorney shall permit
the defendant to inspect and copy or photograph the following, if relevant: (1)
Written or recorded statements or confessions made by the defendant, or copies
thereof, which are or have been in the pos session, custody or control of the
prosecution, the existence of which is known, or by the exercise of due
diligence may become known, to the prosecuting attorney; (2) results or reports
of physical or mental examinations, and of scientific tests or experiments made
in connection with the particular case, or copies thereof, the existence of
which is known, or by the exercise of due diligence may become known, to the
prosecuting attorney; (3) re corded testimony of the defendant before a grand
jury or at an inquisition; and (4) memo randa of any oral confession made by
the defendant and a list of the witnesses to such confession, the existence of
which is known, or by the exercise of due diligence may become known to the
prosecuting attorney.
  (b)  Upon request, the prosecuting attorney shall permit the defendant to
inspect and copy or photograph books, papers, documents, tangible objects,
buildings or places, or cop ies, or portions thereof, which are or have been
within the possession, custody or control of the prosecution, and which are
material to the case and will not place an unreasonable burden upon the
prosecution. Except as provided in subsections (a)(2) and (a)(4), this section
does not authorize the discovery or inspection of reports, memoranda or other
internal government documents made by officers in connection with the
investigation or prosecution of the case, or of statements made by state
witnesses or prospective state witnesses, other than the defendant, except as
may be provided by law.
  (c)  If the defendant seeks discovery and inspection under subsection (a)(2)
or subsection   (b), the defendant shall permit the attorney for the
prosecution to inspect and copy or

                                  May 5, 1997                               801

photograph scientific or medical reports, books, papers, documents, tangible
objects, or copies or portions thereof, which the defendant intends to produce
at the trial any hearing, and which are material to the case and
will not place an unreasonable burden on the defense. Except as to scientific
or medical reports, this subsection does not authorize the discovery or
inspection of reports, memoranda or other internal defense documents made by
the defendant, or the defendant's attorneys or agents in connection with the
investigation or defense of the case, or of statements made by the defendant,
or by prosecution or defense witnesses, or by prospective prosecution or
defense witnesses, to the defendant, the defen dant's agents or attorneys.
  (d)  The prosecuting attorney and the defendant shall cooperate in discovery
and reach agreement on the time, place and manner of making the discovery and
inspection permitted, so as to avoid the necessity for court intervention.
  (e)  Upon a sufficient showing the court may at any time order that the
discovery or inspection be denied, restricted or deferred or make such other
order as is appropriate. Upon motion, the court may permit either party to make
such showing, in whole or in part, in the form of a written statement to be
inspected privately by the court. If the court enters an order granting relief
following such a private showing, the entire text of the statement shall be
sealed and preserved in the records of the court to be made available to the
appellate court in the event of an appeal.
  (f)  Discovery under this section must be completed no later than 20 days
after arraign ment or at such reasonable later time as the court may permit.
  (g)  If, subsequent to compliance with an order issued pursuant to this
section, and prior to or during trial, a party discovers additional material
previously requested or ordered which is subject to discovery or inspection
under this section, the party shall promptly notify the other party or the
party's attorney or the court of the existence of the additional material. If
at any time during the course of the proceedings it is brought to the attention
of the court that a party has failed to comply with this section or with an
order issued pursuant to this section, the court may order such party to permit
the discovery or inspection of materials not previously disclosed, grant a
continuance, or prohibit the party from introducing in evidence the material
not disclosed, or it may enter such other order as it deems just under the
circumstances.
  (h)  For crimes committed on or after July 1, 1993, the prosecuting attorney
shall provide all prior convictions of the defendant known to the prosecuting
attorney that would affect the determination of the defendant's criminal
history for purposes of sentencing under a presumptive sentencing guidelines
system as provided in K.S.A. 21-4701 et seq. and amend ments thereto.
  (i)  The prosecuting attorney and defendant shall be permitted to inspect and
copy any juvenile files and records of the defendant for the purpose of
discovering and verifying the criminal history of the defendant.
  Sec. 5.  On and after July 1, 1997, K.S.A. 22-4505 is hereby amended to read
as follows: 22-4505. (a) When a defendant has been convicted in the district
court of any felony, the court shall inform the defendant of such defendant's
right to appeal the conviction to the appellate court having jurisdiction and
that if the defendant is financially unable to pay the costs of such appeal
such defendant may request the court to appoint an attorney to rep resent the
defendant on appeal and to direct that the defendant be supplied with a
transcript of the trial record.
  (b)  If the defendant files an affidavit stating that the defendant intends
to take an appeal in the case and if the court determines, as provided in
K.S.A. 22-4504 and amendments thereto, that the defendant is not financially
able to employ counsel, the court shall appoint counsel from the panel for
indigents' defense services or otherwise in accordance with the applicable
system for providing legal defense services for indigent persons prescribed by
the state board of indigents' defense services, to represent the defendant and
to perfect and handle the appeal. If the defendant files a verified motion for
transcript stating that a tran script of the trial record is necessary to
enable the defendant to prosecute the appeal and that the defendant is not
financially able to pay the cost of procuring such transcript, and if the court
finds that the statements contained therein are true, the court shall order
that such transcript be supplied to the defendant as provided in K.S.A. 22-4509
and amendments

802                          JOURNAL OF THE SENATE

thereto and paid for by the state board of indigents' defense services pursuant
to claims submitted therefor.
  (c)  Upon an appeal or petition for certiorari addressed to the supreme court
of the United States, if the defendant is without means to pay the cost of
making and forwarding the necessary records, the supreme court of Kansas may by
order provide for the furnishing of necessary records.
  (d) (1)  The state board of indigents' defense services shall provide by
rule and regulation for: (A) The assignment of attorneys to the panel for
indigents' defense services to represent indigent persons who have been
convicted of capital murder and are under sentence of death, in the direct
review of the judgment;
  (B)  standards of competency and qualification for the appointment of counsel
in capital cases under this section; and
  (C)  the reasonable compensation of counsel appointed to represent
individuals convicted of capital murder and under a sentence of death in the
appeal of such cases and for reasonable and necessary litigation expense
associated with such appeals.
  (2)  If a defendant has been convicted of capital murder and is under a
sentence of death, the district court shall make a determination on the record
whether the defendant is indigent. Upon a finding that the defendant is
indigent and accepts the offer of representation or is unable competently to
decide whether to accept or reject the offer, the court shall appoint one or
more counsel, in accordance with subsection (d)(1), to represent the defendant.
 If the defendant rejects the offer of representation, the court shall find on
the record, after a hearing if necessary, whether the defendant rejected the
offer of representation with the understand ing of its legal consequences. The
court shall deny the appointment of counsel upon a finding that the defendant
is competent and not indigent.
  (3)  Counsel appointed to represent the defendant, under this section, shall
not have represented the defendant at trial unless the defendant and counsel
expressly request con tinued representation.
  Sec. 6.  On and after July 1, 1997, K.S.A. 22-4506 is hereby amended to read
as follows: 22-4506. (a) Whenever any person who is in custody under a sentence
of imprisonment upon conviction of a felony files a petition for writ of habeas
corpus or a motion attacking sentence under K.S.A. 60-1507 and files with such
petition or motion such person's affidavit stating that the petition or motion
is filed in good faith and that such person is financially unable to pay the
costs of such action and to employ counsel therefor, the court shall make a
preliminary examination of the petition or motion and the supporting papers.
  (b)  If the court finds that the petition or motion presents substantial
questions of law or triable issues of fact and if the petitioner or movant has
been or is thereafter determined to be an indigent person as provided in K.S.A.
22-4504 and amendments thereto, the court shall appoint counsel from the panel
for indigents' defense services or otherwise in accor dance with the applicable
system for providing legal defense services for indigent persons prescribed by
the state board of indigents' defense services, to assist such person and au
thorize the action to be filed without a deposit of security for costs. If the
petition or motion in such case raises questions shown by the trial record, the
court shall order that the peti tioner or movant be supplied with a transcript
of the trial proceedings, or so much thereof as may be necessary to present the
issue, without cost to such person.
  (c)  If an appeal is taken in such action and if the trial court finds that
the petitioner or movant is an indigent person, the trial court shall appoint
counsel to conduct the appeal, order that the appellant be supplied with a
record of the proceedings or so much thereof as such counsel determines to be
necessary and order that the deposit of security for costs be waived.
  (d) (1)  The state board of indigents' defense services shall provide by
rule and regulation for: (A) The assignment of attorneys to the panel for
indigents' defense services to represent indigent persons, who have been
convicted of capital murder and are under sentence of death, upon a filing of a
petition for writ of habeas corpus or a motion attacking sentence under K.S.A.
60-1507 and amendments thereto;
  (B)  standards of competency and qualification for the appointment of counsel
in capital cases under this section; and

                                  May 5, 1997                               803

  (C)  the reasonable compensation of counsel appointed to represent
individuals convicted of capital murder and under a sentence of death, during
proceedings conducted pursuant to subsection (a), (b) or (c) and for reasonable
and necessary litigation expense associated with such proceedings.
  (2)  If a petitioner or movant, who has been convicted of capital murder and
is under a sentence of death, files a petition for writ of habeas corpus or a
motion attacking sentence under K.S.A. 60-1507 and amendments thereto, the
district court shall make a determination on the record whether the petitioner
or movant is indigent. Upon a finding that the petitioner or movant is indigent
and accepts the offer of representation or is unable competently to decide
whether to accept or reject the offer, the court shall appoint one or more
counsel, in accordance with subsection (d) (1), to represent the petitioner or
movant. If the petitioner or movant rejects the offer of representation, the
court shall find on the record, after a hearing if necessary, whether the
petitioner or movant rejected the offer of representation with the
understanding of its legal consequences. The court shall deny the appointment
of counsel upon a finding that the petitioner or movant is competent and not
indigent.
  (3)  Counsel appointed to represent the petitioner or movant shall not have
represented the petitioner or movant at trial or on direct appeal therefrom
unless the petitioner or movant and counsel expressly request continued
representation.
  Sec. 7.  On and after July 1, 1997, K.S.A. 22-4901 is hereby amended to read
as follows: 22-4901. K.S.A. 22-4901 through 22-4910, and amendments
thereto, shall be known and may be cited as the Kansas sex
offender registration act.
  Sec. 8.  On and after July 1, 1997, K.S.A. 22-4902 is hereby amended to read
as follows: 22-4902. As used in this act, unless the context otherwise
requires:
  (a)  ``Offender'' means: (1) A sex offender as defined in subsection (b);
(2) a violent of fender as defined in subsection (d); (3) any person who, on
and after the effective date of this act, is convicted of any of the following
crimes when the victim is less than 18 years of age:
  (A)  Kidnapping as defined in K.S.A. 21-3420 and amendments thereto, except
by a parent;
  (B)  aggravated kidnapping as defined in K.S.A. 21-3421 and amendments
thereto; or
  (C)  criminal restraint as defined in K.S.A. 21-3424 and amendments thereto,
except by a parent;
  (4)  any person convicted of any of the following criminal sexual conduct if
one of the parties involved is less than 18 years of age:
  (A)  Adultery as defined by K.S.A. 21-3507, and amendments thereto;
  (B)  criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-3505, and
amendments thereto;
  (C)  promoting prostitution as defined by K.S.A. 21-3513, and amendments
thereto;
  (D)  patronizing a prostitute as defined by K.S.A. 21-3515, and amendments
thereto;
  (E)  lewd and lascivious behavior as defined by K.S.A. 21-3508, and amendment
thereto; or
  (F)  unlawful sexual relations as defined by K.S.A. 21-3520, and amendments
thereto;
  (5)  any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in
subsection (3) or (4), or any federal or other state conviction for an offense
that under the laws of this state would be an offense defined in subsection (3)
or (4); or
  (6)  an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
21-3301, 213302 or 21-3303 and amendments thereto, of an offense defined in
subsection (3) or (4).
  Upon such conviction, the court shall certify that the person is an offender
subject to the provisions of K.S.A. 22-4901 et seq. and amendments
thereto and shall include this certifi cation in the order of commitment.
Convictions which result from or are connected with the same act, or result
from crimes committed at the same time, shall be counted for the purpose of
this section as one conviction. Any conviction set aside pursuant to law is not
a conviction for purposes of this section. A conviction from another state
shall constitute a conviction for purposes of this section.
  (b)  ``Sex offender'' includes any person who, after the effective date
of this act, is con victed of any sexually violent crime set forth in
subsection (b) (c). Upon such conviction,

804                          JOURNAL OF THE SENATE

the court shall certify that the person is a sex offender and shall include
this certification in the order of commitment. Convictions which result from or
are connected with the same act, or result from crimes committed at the same
time, shall be counted for the purpose of this section as one conviction. Any
conviction set aside pursuant to law is not a conviction for purposes of this
section. A conviction from another state shall constitute a conviction for
purposes of this section.
  (b) (c)  ``Sexually violent crime'' means:
  (1)  Rape as defined in K.S.A. 21-3502 and amendments thereto;
  (2)  indecent liberties with a child as defined in K.S.A. 21-3503 and
amendments thereto;
  (3)  aggravated indecent liberties with a child as defined in K.S.A. 21-3504
and amend ments thereto;
  (4)  criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A.
21-3505 and amendments thereto;
  (5)  aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments
thereto;
  (6)  indecent solicitation of a child as defined by K.S.A. 21-3510 and
amendments thereto;
  (7)  aggravated indecent solicitation of a child as defined by K.S.A. 21-3511
and amend ments thereto;
  (8)  sexual exploitation of a child as defined by K.S.A. 21-3516 and
amendments thereto;
  (9)  sexual battery as defined by K.S.A. 21-3517 and amendments thereto;
  (10)  aggravated sexual battery as defined by K.S.A. 21-3518 and
amendments thereto; or
  (11)  aggravated incest as defined by K.S.A. 21-3603 and amendments
thereto; or
  (10) (12)  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   (1) through (9)
(11), 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;
  (11) (13)  an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 21-3301a, 21-3302a or 21-3303a, 21-3301, 21-3302 or
21-3303 and amendments thereto, of a sexually violent crime, as defined in
this section; or
  (12) (14)  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 purpose
of the defendant's sexual gratification.
  (d)  ``Violent offender'' includes any person who, after the effective
date of this act, is convicted of any of the following crimes:
  (1)  Capital murder as defined by K.S.A. 21-3439 and amendments thereto;
  (2)  murder in the first degree as defined by K.S.A. 21-3401 and amendments
thereto;
  (3)  murder in the second degree as defined by K.S.A. 21-3402 and amendments
thereto;
  (4)  voluntary manslaughter as defined by K.S.A. 21-3403 and amendments
thereto;
  (5)  involuntary manslaughter as defined by K.S.A. 21-3404 and amendments
thereto; or
  (6)  any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in this
subsection, or any federal or other state conviction for an offense that under
the laws of this state would be an offense defined in this subsection; or
  (7)  an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
21-3301, 213302 or 21-3303 and amendments thereto, of an offense defined in
this subsection.
  Upon such conviction, the court shall certify that the person is an offender
subject to the provisions of K.S.A. 22-4901 et seq. and amendments
thereto and shall include this certifi cation in the order of commitment.
Convictions which result from or are connected with the same act, or result
from crimes committed at the same time, shall be counted for the purpose of
this section as one conviction. Any conviction set aside pursuant to law is not
a conviction for purposes of this section. A conviction from another state
shall constitute a conviction for purposes of this section.
  (c) (e)  ``Law enforcement agency having jurisdiction'' means the
sheriff of the county in which the offender expects to reside upon the
offender's discharge, parole or release.

                                  May 5, 1997                               805

  Sec. 9.  On and after July 1, 1997, K.S.A. 1996 Supp. 22-4904 is hereby
amended to read as follows: 22-4904. (a) (1) Except as provided in
subsection (a)(2), within 15 days of the sex offender coming into any
county in which the sex offender resides or is temporarily domiciled for
more than 15 days, the sex offender shall register with the sheriff of
the county.
  (2)  Within 15 days of the offender coming into any county in which the
offender resides or temporarily resides for more than 15 days, any offender who
has provided the information and completed and signed the registration form as
required in K.S.A. 22-4905 and amend ments thereto, shall verify with the
sheriff of the county that the sheriff has received such offender's information
and registration form.
  (3)  For persons required to register as provided in subsection (a)(1), the
sheriff shall: (A) Explain the duty to register and the procedure for
registration;
  (B)  obtain the information required for registration as provided in K.S.A.
22-4907 and amendments thereto;
  (C)  inform the offender that the offender must give written notice of any
change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of
investigation;
  (D)  inform the offender that if the offender changes residence to another
state, the of fender must inform the law enforcement agency where last
registered of such change in residence and must register in the new state
within 10 days of such change in residence; and
  (E)  require the offender to read and sign the registration form which shall
include a statement that the requirements provided in this subsection have been
explained to the offender.
  (4)  Such sheriff, within three days of receipt of the initial registration
shall forward this information to the Kansas bureau of investigation.
  (5)  Notwithstanding any other provision of law, if a diversionary
agreement or probation order, either adult or juvenile, requires registration
under the Kansas sex offender registra tion act then all provisions
of that act shall apply, except that the term of registration shall be
controlled by such diversionary agreement or probation order. The sex
offender shall thereafter update the registration annually until liability to
register expires pursuant to K.S.A. 22-4906, and amendments thereto.
  (b) (1)  If any person required to register as provided in this act changes
the address of their the person's residence, the sex offender
shall, within 10 days, shall inform in writing the law
enforcement agency Kansas bureau of investigation where last
registered of the new address.
  (2)  The law enforcement agency shall, within three days of receipt of the
initial regis tration or change of address, forward this information to the
Kansas bureau of investigation and, if applicable, After receipt of the
change of address, the Kansas bureau of investigation shall forward this
information to the law enforcement agency having jurisdiction of the new
place of residence within 10 days of such receipt of the change of
address.
  (c)  For any person required to register as provided in this act, every 90
days after the person's initial registration date during the period the person
is required to register, the following applies:
  (1)  The Kansas bureau of investigation shall mail a nonforwardable
verification form to the last reported address of the person.
  (2)  The person shall mail the verification form to the Kansas bureau of
investigation within 10 days after receipt of the form.
  (3)  The verification form shall be signed by the person, and shall state
that the person still resides at the address last reported to the Kansas bureau
of investigation.
  (4)  If the person fails to mail the verification form to the Kansas bureau
of investigation within 10 days after receipt of the form, the person shall be
in violation of the Kansas offender registration act.
  (5)  Nothing contained in this section shall be construed to alleviate any
person required to register as provided in this act from meeting the
requirements prescribed in subsection   (a)(1), (a)(2) and (b)(1).
  Sec. 10.  On and after July 1, 1997, K.S.A. 22-4905 is hereby amended to read
as follows: 22-4905. (a) (1) Any sex offender, who is discharged or
paroled from a prison, hospital or other institution or facility involving a
violation of a sexually violent crime pursuant to any

806                          JOURNAL OF THE SENATE

crime as provided in subsection (a), (b) or (d) of K.S.A. 22-4902, and
amendments thereto, prior to discharge, parole or release, shall be informed by
the staff of the facility in which the sex offender was confined of the
duty to register as provided in this act.
  (2) (A)  The staff of the facility shall: (i)  Explain the duty to
register and the procedure for registration and require the person to sign a
form prepared by the Kansas bureau of investigation stating that the duty and
procedure have been explained to the person.
  (B)  The staff of the facility shall obtain the address where the person
expects to reside upon discharge, parole or release and shall report the
address to the Kansas bureau of investigation.
  (C);
  (ii)  obtain the information required for registration as provided in K.S.A.
22-4907 and amendments thereto;
  (iii)  inform the offender that the offender must give written notice of any
change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of
investigation;
  (iv)  inform the offender that if the offender changes residence to another
state, the of fender must inform the law enforcement agency where last
registered of such change in residence and must register in the new state
within 10 days of such change in residence; and
  (v)  require the offender to read and sign the registration form which shall
include a statement that the requirements provided in this subsection have been
explained to the offender.
  (B)  The staff of the facility shall give one copy of the form to the
person, within three days, and shall send two copies of the form
provided by subsection (2)(A)(v) to the Kansas bureau of investigation,
which shall then forward one copy to the law enforcement agency having
jurisdiction where the person expects to reside upon discharge, parole or
release. The Kansas bureau of investigation must immediately ensure that
such information is entered in the state law enforcement record system. The
Kansas bureau of investigation shall transmit such conviction data and
fingerprints to the federal bureau of investigation.
  (b) (1)  Any sex offender who is released on probation, receives a
suspended sentence, sentenced to community corrections or released on
postrelease supervision because of the commission of one of the sexually
violent crimes defined in any crime as provided in sub section (a), (b)
or (d) of K.S.A. 22-4902, and amendments thereto, prior to release,
shall be informed of the offenders duty to register as provided in this act by
the court in which the offender is convicted.
  (2) (A)  The court shall require the person to read and sign a form
prepared by the Kansas bureau of investigation stating that the duty to
register and the procedure for reg istration has been explained to such sex
offender.
  (B)  The court shall obtain the address where the person expects to reside
upon release and shall report the address to the Kansas bureau of
investigation.
  (C) : (i)  Explain the duty to register and the procedure for
registration;
  (ii)  obtain the information required for registration as provided in K.S.A.
22-4907 and amendments thereto;
  (iii)  inform the offender that the offender must give written notice of any
change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of
investigation;
  (iv)  inform the offender that if the offender changes residence to another
state, the of fender must inform the law enforcement agency where last
registered of such change in residence and must register in the new state
within 10 days of such change in residence; and
  (v)  require the offender to read and sign the registration form which shall
include a statement that the requirements provided in this subsection have been
explained to the offender.
  (B)  The court shall give one copy of the form to the person and,
within three days, shall send two copies of the form provided by
subsection (2)(A)(v) to the Kansas bureau of in vestigation which shall then
forward one copy to the law enforcement agency having juris diction where the
person expects to reside upon release. The Kansas bureau of investigation
must immediately ensure that such information is entered in the state law
enforcement record

                                  May 5, 1997                               807

system. The Kansas bureau of investigation shall transmit such conviction data
and finger prints to the federal bureau of investigation.
  Sec. 11.  On and after July 1, 1997, K.S.A. 22-4906 is hereby amended to read
as follows: 22-4906. (a) Any person required to register as provided in this
act shall be required to register: (1) Upon the first conviction of a sexually
violent crime as defined in subsection (c) of K.S.A. 22-4902 and amendments
thereto, any offense as defined in subsection (a) of K.S.A. 22-4902 and
amendments thereto or any offense as defined in subsection (d) of K.S.A. 224902
and amendments thereto, if not confined, for a period of 10 years after
conviction, or, if confined, for a period of 10 years after paroled, discharged
or released; or (2) upon a second or subsequent conviction for such person's
lifetime.
  (b)  Upon the first conviction, liability for registration terminates, if not
confined, at the expiration of 10 years from the date of conviction, or, if
confined, at the expiration of 10 years from the date of parole, discharge or
release, if the convicted sex offender does not again become liable to
register as provided by this act during that period.
  Sec. 12.  On and after July 1, 1997, K.S.A. 1996 Supp. 22-4907 is hereby
amended to read as follows: 22-4907. (a) Registration as required by this act
shall consist of a statement in writing, on a form prepared by the Kansas
bureau of investigation, which shall include a statement that the
requirements provided in this section have been explained to the person, and
shall be signed by the person. The information Such registration
form shall include the following:
  (1)  Name;
  (2)  date and place of birth;
  (3)  offense or offenses committed, date of conviction or convictions
obtained;
  (4)  city or county of conviction or convictions obtained;
  (5)  sex and age of victim;
  (6)  current address;
  (7)  social security number;
  (8)  identifying characteristics such as race, sex, age, hair and eye color,
scars and blood type;
  (9)  occupation and name or of employer; and
  (10)  drivers license and vehicle information.;
  (11)  documentation of any treatment received for a mental abnormality or
personality disorder of the offender; for purposes of documenting the treatment
received, sheriffs, prison officials and courts may rely on information that is
readily available to them from existing records and the offender.
  (12)  anticipated future residence;
  (13)  a photograph; and
  (14)  fingerprints.
  (b) (1)  The sex offender shall also provide to the registering
law enforcement agency: DNA exemplars, unless already on file.
  (1)  A photograph;
  (2)  fingerprints; and
  (3)  DNA exemplars, unless already on file.
  (c) (2)  If the exemplars to be taken require the withdrawal of
blood, such withdrawal may be performed only by: (1) (A)  A person
licensed to practice medicine and surgery or a person acting under the
supervision of any such licensed person;
  (2) (B)  a registered nurse or a licensed practical nurse;
  (3) (C)  any qualified medical technician; or
  (4) (D)  a licensed phlebotomist.
  (d)  Unless the person has provided the information and completed and
signed the reg istration form as provided in K.S.A. 22-4905 and amendments
thereto within three days, the registering law enforcement agency shall
forward the statement and any other required information registration
form to the Kansas bureau of investigation.
  Sec. 13.  On and after July 1, 1997, K.S.A. 22-4908 is hereby amended to read
as follows: 22-4908. (a) Any sex offender registered as provided in
this act may apply to the sentencing court in this state having
jurisdiction over the county in which the sex offender resides for an order
relieving the sex offender of the duty of registration, except that no
offender may

808                          JOURNAL OF THE SENATE

apply as provided in this section for an order relieving the offender of the
duty of registration until such offender has registered for a period of at
least 10 years for each conviction for which an offender must register as
provided by this act. The court shall hold a hearing on the application at
which the applicant and any interested persons may present witnesses and other
evidence.
  (b)  At such hearing, if the person is a person who is required to
register due to a conviction of a sexually violent crime as defined in K.S.A.
22-4902 and amendments thereto, the court shall receive and consider a report
by a board composed of experts in the field of the behavior and treatment of
sexual offenders. Such board shall be appointed as provided by rules and
regulations promulgated by the attorney general. If, after the hearing
involving such person, the court finds by a preponderance of the evidence that
the sex offender is rehabilitated and that the sex offender, does not suffer
from a mental abnormality or per sonality disorder that would make the person
likely to engage in a predatory sexually violent crime, the court shall grant
an order relieving the offender of the duty of further registration under this
act. For purposes of this act, ``mental abnormality'' means a congenital or
acquired condition affecting the emotional or volitional capacity which
predisposes the person to commit a sexually violent crime in a degree
constituting such person a menace to the health and safety of others.
  (c)  If, after the hearing involving a person who is an offender who
was not required to register due to a conviction of a sexually violent crime as
defined in K.S.A. 22-4902 and amendments thereto, the court finds by a
preponderance of the evidence that the sex of fender is rehabilitated,
the court shall grant an order relieving the offender of the duty of further
registration under this act.
  (d)  Any person registered as provided in this act may apply to the
sentencing court for an order relieving such person of the duty of registration
for any conviction which has been set aside. The court shall hold a hearing on
the application at which the applicant shall present evidence verifying that
such applicant's conviction was set aside. If the court finds that the person's
conviction was set aside, the court shall grant an order relieving the person
of the duty of further registration under this act for any conviction which has
been set aside. Such court granting such an order shall forward a copy of such
order to the sheriff of the county in which such person has registered and to
the Kansas bureau of investigation. Upon receipt of such copy of the order,
such sheriff and the Kansas bureau of investigation shall remove such person's
name from the registry for any conviction which has been set aside. Nothing
contained in this subsection shall relieve any person of the duty to register
or any other duty prescribed under this act for any conviction which has not
been set aside.
  Sec. 14.  On and after July 1, 1997, K.S.A. 22-4909 is hereby amended to read
as follows: 22-4909. The statements or any other information required by this
act shall be open to inspection in the sheriff's office by the public and
specifically are subject to the provisions of the Kansas open records act,
K.S.A. 45-215 et seq., and amendments thereto, except that the name,
address, telephone number, or any other information which specifically and in
dividually identifies the victim of any offender required to register as
provided in this act shall not be disclosed other than to law enforcement
agencies.
  Sec. 15.  On and after July 1, 1997, K.S.A. 1996 Supp. 45-221, as amended by
section 44 of 1997 House Bill No. 2105, is hereby amended to read as follows:
45-221. (a) Except to the extent disclosure is otherwise required by law, a
public agency shall not be required to disclose:
  (1)  Records the disclosure of which is specifically prohibited or restricted
by federal law, state statute or rule of the Kansas supreme court or the
disclosure of which is prohibited or restricted pursuant to specific
authorization of federal law, state statute or rule of the Kansas supreme court
to restrict or prohibit disclosure.
  (2)  Records which are privileged under the rules of evidence, unless the
holder of the privilege consents to the disclosure.
  (3)  Medical, psychiatric, psychological or alcoholism or drug dependency
treatment re cords which pertain to identifiable patients.
  (4)  Personnel records, performance ratings or individually identifiable
records pertain ing to employees or applicants for employment, except that this
exemption shall not apply

                                  May 5, 1997                               809

to the names, positions, salaries and lengths of service of officers and
employees of public agencies once they are employed as such.
  (5)  Information which would reveal the identity of any undercover agent or
any inform ant reporting a specific violation of law.
  (6)  Letters of reference or recommendation pertaining to the character or
qualifications of an identifiable individual.
  (7)  Library, archive and museum materials contributed by private persons, to
the extent of any limitations imposed as conditions of the contribution.
  (8)  Information which would reveal the identity of an individual who
lawfully makes a donation to a public agency, if anonymity of the donor is a
condition of the donation.
  (9)  Testing and examination materials, before the test or examination is
given or if it is to be given again, or records of individual test or
examination scores, other than records which show only passage or failure and
not specific scores.
  (10)  Criminal investigation records, except that the district court, in an
action brought pursuant to K.S.A. 45-222, and amendments thereto, may order
disclosure of such records, subject to such conditions as the court may impose,
if the court finds that disclosure:
  (A)  Is in the public interest;
  (B)  would not interfere with any prospective law enforcement action;
  (C)  would not reveal the identity of any confidential source or undercover
agent;
  (D)  would not reveal confidential investigative techniques or procedures not
known to the general public;
  (E)  would not endanger the life or physical safety of any person; and
  (F)  would not reveal the name, address, phone number or any other
information which specifically and individually identifies the victim of any
sexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated,
and amendments thereto.
  (11)  Records of agencies involved in administrative adjudication or civil
litigation, com piled in the process of detecting or investigating violations
of civil law or administrative rules and regulations, if disclosure would
interfere with a prospective administrative adjudication or civil litigation or
reveal the identity of a confidential source or undercover agent.
  (12)  Records of emergency or security information or procedures of a public
agency, or plans, drawings, specifications or related information for any
building or facility which is used for purposes requiring security measures in
or around the building or facility or which is used for the generation or
transmission of power, water, fuels or communications, if disclosure would
jeopardize security of the public agency, building or facility.
  (13)  The contents of appraisals or engineering or feasibility estimates or
evaluations made by or for a public agency relative to the acquisition of
property, prior to the award of formal contracts therefor.
  (14)  Correspondence between a public agency and a private individual, other
than cor respondence which is intended to give notice of an action, policy or
determination relating to any regulatory, supervisory or enforcement
responsibility of the public agency or which is widely distributed to the
public by a public agency and is not specifically in response to communications
from such a private individual.
  (15)  Records pertaining to employer-employee negotiations, if disclosure
would reveal information discussed in a lawful executive session under K.S.A.
75-4319, and amendments thereto.
  (16)  Software programs for electronic data processing and documentation
thereof, but each public agency shall maintain a register, open to the public,
that describes:
  (A)  The information which the agency maintains on computer facilities; and
  (B)  the form in which the information can be made available using existing
computer programs.
  (17)  Applications, financial statements and other information submitted in
connection with applications for student financial assistance where financial
need is a consideration for the award.
  (18)  Plans, designs, drawings or specifications which are prepared by a
person other than an employee of a public agency or records which are the
property of a private person.
  (19)  Well samples, logs or surveys which the state corporation commission
requires to be filed by persons who have drilled or caused to be drilled, or
are drilling or causing to be

810                          JOURNAL OF THE SENATE

drilled, holes for the purpose of discovery or production of oil or gas, to the
extent that disclosure is limited by rules and regulations of the state
corporation commission.
  (20)  Notes, preliminary drafts, research data in the process of analysis,
unfunded grant proposals, memoranda, recommendations or other records in which
opinions are expressed or policies or actions are proposed, except that this
exemption shall not apply when such records are publicly cited or identified in
an open meeting or in an agenda of an open meeting.
  (21)  Records of a public agency having legislative powers, which records
pertain to proposed legislation or amendments to proposed legislation, except
that this exemption shall not apply when such records are:
  (A)  Publicly cited or identified in an open meeting or in an agenda of an
open meeting; or
  (B)  distributed to a majority of a quorum of any body which has authority to
take action or make recommendations to the public agency with regard to the
matters to which such records pertain.
  (22)  Records of a public agency having legislative powers, which records
pertain to research prepared for one or more members of such agency, except
that this exemption shall not apply when such records are:
  (A)  Publicly cited or identified in an open meeting or in an agenda of an
open meeting; or
  (B)  distributed to a majority of a quorum of any body which has authority to
take action or make recommendations to the public agency with regard to the
matters to which such records pertain.
  (23)  Library patron and circulation records which pertain to identifiable
individuals.
  (24)  Records which are compiled for census or research purposes and which
pertain to identifiable individuals.
  (25)  Records which represent and constitute the work product of an attorney.
  (26)  Records of a utility or other public service pertaining to individually
identifiable residential customers of the utility or service, except that
information concerning billings for specific individual customers named by the
requester shall be subject to disclosure as provided by this act.
  (27)  Specifications for competitive bidding, until the specifications are
officially ap proved by the public agency.
  (28)  Sealed bids and related documents, until a bid is accepted or all bids
rejected.
  (29)  Correctional records pertaining to an identifiable inmate or
release, except that:
  (A)  The name,; photograph and other identifying information;
sentence data,; parole eligibility date,; custody or
supervision level; disciplinary record, custody level and location of an
inmate; supervision violations; conditions of supervision, excluding
requirements per taining to mental health or substance abuse counseling;
location of facility where incarcerated or location of parole office
maintaining supervision and address of a releasee whose crime was committed
after the effective date of this act shall be subject to disclosure to any
person other than another inmate or releasee, except that the disclosure of the
location of an inmate transferred to another state pursuant to the interstate
corrections compact shall be at the discretion of the secretary of
corrections;
  (B)  the ombudsman of corrections, the attorney general, law enforcement
agencies, counsel for the inmate to whom the record pertains and any county or
district attorney shall have access to correctional records to the extent
otherwise permitted by law;
  (C)  the information provided to the law enforcement agency pursuant to the
sex of fender registration act, K.S.A. 22-4901, et seq., and amendments
thereto, shall be subject to disclosure to any person, except that the name,
address, telephone number or any other information which specifically and
individually identifies the victim of any offender required to register as
provided by the Kansas offender registration act, K.S.A. 22-4901 et
seq. and amendments thereto, shall not be disclosed; and
  (D)  records of the department of corrections regarding the financial assets
of an of fender in the custody of the secretary of corrections shall be subject
to disclosure to the victim, or such victim's family, of the crime for which
the inmate is in custody as set forth in an order of restitution by the
sentencing court.

                                  May 5, 1997                               811

  (30)  Public records containing information of a personal nature where the
public dis closure thereof would constitute a clearly unwarranted invasion of
personal privacy.
  (31)  Public records pertaining to prospective location of a business or
industry where no previous public disclosure has been made of the business' or
industry's interest in locating in, relocating within or expanding within the
state. This exception shall not include those records pertaining to application
of agencies for permits or licenses necessary to do business or to expand
business operations within this state, except as otherwise provided by law.
  (32)  The bidder's list of contractors who have requested bid proposals for
construction projects from any public agency, until a bid is accepted or all
bids rejected.
  (33)  Engineering and architectural estimates made by or for any public
agency relative to public improvements.
  (34)  Financial information submitted by contractors in qualification
statements to any public agency.
  (35)  Records involved in the obtaining and processing of intellectual
property rights that are expected to be, wholly or partially vested in or owned
by a state educational institution, as defined in K.S.A. 76-711, and amendments
thereto, or an assignee of the institution organized and existing for the
benefit of the institution.
  (36)  Any report or record which is made pursuant to K.S.A. 65-4922, 65-4923
or 654924, and amendments thereto, and which is privileged pursuant to K.S.A.
65-4915 or 654925, and amendments thereto.
  (37)  Information which would reveal the precise location of an archeological
site.
  (38)  Any financial data or traffic information from a railroad company, to a
public agency, concerning the sale, lease or rehabilitation of the railroad's
property in Kansas.
  (39)  Risk-based capital reports, risk-based capital plans and corrective
orders including the working papers and the results of any analysis filed with
the commissioner of insurance in accordance with K.S.A. 1996 Supp. 40-2c20, and
amendments thereto.
  (40)  Memoranda and related materials required to be used to support the
annual ac tuarial opinions submitted pursuant to subsection (b) of K.S.A.
40-409, and amendments thereto.
  (41)  Disclosure reports filed with the commissioner of insurance under
subsection (a) of K.S.A. 1996 Supp. 40-2,156, and amendments thereto.
  (42)  All financial analysis ratios and examination synopses concerning
insurance com panies that are submitted to the commissioner by the national
association of insurance commissioners' insurance regulatory information
system.
  (43)  Any records the disclosure of which is restricted or prohibited by a
tribal-state gaming compact.
  (44)  Market research, market plans, business plans and the terms and
conditions of managed care or other third party contracts, developed or entered
into by the university of Kansas medical center in the operation and management
of the university hospital which the chancellor of the university of Kansas or
the chancellor's designee determines would give an unfair advantage to
competitors of the university of Kansas medical center.
  (b)  Except to the extent disclosure is otherwise required by law or as
appropriate during the course of an administrative proceeding or on appeal from
agency action, a public agency or officer shall not disclose financial
information of a taxpayer which may be required or requested by a county
appraiser or the director of property valuation to assist in the deter mination
of the value of the taxpayer's property for ad valorem taxation purposes; or
any financial information of a personal nature required or requested by a
public agency or officer, including a name, job description or title revealing
the salary or other compensation of officers, employees or applicants for
employment with a firm, corporation or agency, except a public agency. Nothing
contained herein shall be construed to prohibit the publi cation of statistics,
so classified as to prevent identification of particular reports or returns and
the items thereof.
  (c)  As used in this section, the term ``cited or identified'' shall not
include a request to an employee of a public agency that a document be
prepared.
  (d)  If a public record contains material which is not subject to disclosure
pursuant to this act, the public agency shall separate or delete such material
and make available to the requester that material in the public record which is
subject to disclosure pursuant to this

812                          JOURNAL OF THE SENATE

act. If a public record is not subject to disclosure because it pertains to an
identifiable individual, the public agency shall delete the identifying
portions of the record and make available to the requester any remaining
portions which are subject to disclosure pursuant to this act, unless the
request is for a record pertaining to a specific individual or to such a
limited group of individuals that the individuals' identities are reasonably
ascertainable, the public agency shall not be required to disclose those
portions of the record which pertain to such individual or individuals.
  (e)  The provisions of this section shall not be construed to exempt from
public disclosure statistical information not descriptive of any identifiable
person.
  (f)  Notwithstanding the provisions of subsection (a), any public record
which has been in existence more than 70 years shall be open for inspection by
any person unless disclosure of the record is specifically prohibited or
restricted by federal law, state statute or rule of the Kansas supreme court or
by a policy adopted pursuant to K.S.A. 72-6214, and amend ments thereto.
  New Sec. 16.  The court may impose an administrative fee in the amount of $35
against any defendant entitled to counsel pursuant to K.S.A. 22-4503, and
amendments thereto. If it appears to the satisfaction of the court that payment
of the administrative fee will impose manifest hardship on the defendant, the
court may waive payment of all or part of the administrative fee. All moneys
received pursuant to this section shall be remitted to the state treasurer at
least monthly, and the state treasurer shall deposit the same in the state
treasury to the credit of the indigents' defense services fund. If the
defendant is acquitted or the case is dismissed, any administrative fee paid
pursuant to this section shall be remitted to the defendant. The provisions of
this section shall take effect on and after July 1, 1997.
  Sec. 17.  On and after July 1, 1997, K.S.A. 21-4603 is hereby amended to read
as follows: 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 treat
ment, and general population management except that no such person shall be
transferred out of the state or to a federal institution or to any other
location unless the transfer is between the correctional 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 recommendations known to the court in the pre
sentence 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 confine ment 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 days, which need not be served consecutively, as a
condition of probation;
  (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 days, which need not be served consecutively, as a
condition of suspension of sentence;

                                  May 5, 1997                               813

  (5)  assign the defendant to a community correctional services program
subject to such conditions as the court may deem appropriate, including orders
requiring full or partial restitution;
  (6)  assign the defendant to a conservation camp for a period not to exceed
180 days;
  (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 edu cation or training program as provided by subsection (3) of K.S.A.
21-4502 and amendments thereto; or
  (9)  order the defendant to pay the administrative fee authorized by
section 16, unless waived by the court; or
  (9) (10)  impose any appropriate combination of subsections
(b)(1) through (b)(8)(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 impose 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 included in
the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services 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 re leasing 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 corrections or
to jail, the court may specify in its order the amount of restitution 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 provided by law.
  (c)  Whenever any juvenile felon, as defined in K.S.A. 38-16,112, and
amendments thereto, 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 community correctional
services program has been revoked, the court may modify such sentence,
revocation of probation or assignment to a community correctional services
program by directing that a less severe penalty be imposed in lieu of that
originally adjudged within statutory limits and shall modify such sentence if
recom mended by the Topeka correctional facility unless the court finds and
sets forth with par ticularity the reasons for finding that the safety of
members of the public will be jeopardized or that the welfare of the inmate
will not be served by such modification.

814                          JOURNAL OF THE SENATE

  (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 expiration
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 jeopardized 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 min imum term
prescribed for the crime of which the inmate has been convicted. The recom
mendation of the secretary of corrections, the hearing on the recommendation
and the order of modification shall be made in open court. Notice of the
recommendation 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 sentence 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 rec ommendations with the court. The court shall enter
an order based on such report and recommendations modifying 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.
  (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 judg ment 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, sus pended 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. 214628, and amendments thereto, the provisions of this section shall not
apply.
  (k)  The provisions of this section shall apply to crimes committed before
July 1, 1993.
  Sec. 18.  On and after July 1, 1997, K.S.A. 1996 Supp. 21-4603d, as amended
by section 1 of 1997 House Bill No. 2049, is hereby amended to read as follows:
21-4603d. (a) When ever 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 misde meanor, 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 conviction
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 days, which need not be served consecutively, as a
condition of probation or community corrections placement;
  (4)  assign the defendant to a community correctional services program in
presumptive nonprison cases or through a departure for substantial and
compelling reasons subject to

                                  May 5, 1997                               815

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
180 days as a condition of probation followed by a 180-day period of follow-up
through adult intensive supervision by a community correctional services
program, if the offender successfully com pletes the conservation camp program.
If the defendant was classified in grid blocks 3-G, 3-H or 3-I of the
sentencing guidelines grid for drug crimes, the court may impose a non prison
sanction on the condition that the offender complete the program at the Labette
correctional conservation camp. Such a placement decision shall not be
considered a de parture and shall not be subject to appeal;
  (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 edu cation 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; or repay the amount
of any public funds utilized by a law enforcement agency to purchase controlled
substances from the defendant during the in vestigation which leads to the
defendant's conviction. Such repayment of the amount of 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
section 16 and amendments thereto, unless waived by the court;
  (10)  impose any appropriate combination of (1), (2), (3), (4), (5), (6),
(7) and, (8) and   (9); or
  (10) (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 defen dant's crime, 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.
  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 resti
tution, 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. 1996 Supp. 75-719 and amend ments 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 defendant. 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
impose manifest hardship on the defendant or

816                          JOURNAL OF THE SENATE

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 re leasing 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 corrections or
to jail, the court may specify in its order the amount of restitution 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, conditional 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 imprison ment 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.
  Prior to imposing a dispositional departure for a defendant whose offense is
classified in the presumptive nonprison grid block of either sentencing
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 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, the court shall consider
placement of the defendant in the Labette correctional conservation camp.
Pursuant to this paragraph the defendant shall not be sen tenced to
imprisonment if space is available in the conservation camp and the defendant
meets all of the conservation camp's placement criteria unless the court states
on the record the reasons for not placing the defendant in the conservation
camp.
  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 impose 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 included in
the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services 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.
  (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 cor rectional 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.

                                  May 5, 1997                               817

  (e)  The secretary of corrections is authorized to make direct placement to
the Labette correctional conservation camp of an inmate sentenced to the
secretary's custody if the inmate: (1) Has been sentenced to the secretary for
a probation revocation or as a departure from the presumptive nonimprisonment
grid block of either sentencing grid; and (2) oth erwise meets admission
criteria of the camp. If the inmate successfully completes the 180day
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 180 days of follow-up supervision
conducted by the appropriate community corrections services program. The court
may also order that supervision continue thereafter 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. 19.  On and after July 1, 1997, K.S.A. 21-4610 is hereby amended to read
as follows: 21-4610. (a) Except as required by 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 services pro gram, except that the
court shall condition any order granting probation, suspension of sentence or
assignment to a community correctional 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.
  (b)  The court services officer or community correctional services officer
may recom mend, and the court may order, the imposition of any conditions of
probation, suspension of sentence or assignment to a community correctional
services program. For crimes com mitted on or after July 1, 1993, in
presumptive nonprison cases, the court services officer or community
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 services 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 probationer or to the community correctional
services officer and the community corrections participant, as the case may be.
  (c)  The court may impose any conditions of probation, suspension of sentence
or as signment to a community correctional services program that the court
deems proper, in cluding 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 services
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
participate in educa tional, counseling, work and other correctional or
rehabilitative 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 defendant 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;

818                          JOURNAL OF THE SENATE

  (12)  participate in a house arrest program pursuant to K.S.A. 21-4603b, and
amend ments thereto; or
  (13)  order the defendant to pay the administrative fee authorized by
section 16, unless waived by the court; or
  (13) (14)  in felony cases, except for violations of K.S.A.
8-1567 and amendments thereto, be confined in a county jail not to exceed 30
days, which need not be served consecutively.
  (d)  In addition to any other conditions of probation, suspension of sentence
or assign ment 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 determined 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. 214610a, 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 impose 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 included in the court order for reimbursement shall be the amount claimed by
appointed counsel on the payment voucher for indigents' defense services 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. 20.  On and after July 1, 1997, K.S.A. 1996 Supp. 22-3717, as amended by
section 5 of 1997 House Bill No. 2211, is hereby amended to read as follows:
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, shall be eligible for parole after serving 15 years
of confinement, without deduction 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 amendments thereto, shall be
eligible for parole after serving 15 years of confinement, without deduction of
any good time credits.
  (4)  An inmate sentenced to imprisonment for a violation of subsection (a) of
K.S.A. 213402 and amendments thereto committed on or after July 1, 1996, shall
be eligible for parole after serving 10 years of confinement without deduction
of any good time credits.
  (c)  Except as provided in subsection (e), if an inmate is sentenced to
imprisonment for more than one crime and the sentences run consecutively, the
inmate shall be eligible for parole after serving the total of:

                                  May 5, 1997                               819

  (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, committed
on or after July 1, 1993, will not be eligible for parole, but will be released
to a mandatory period of postrelease supervision upon completion of the prison
portion of their sentence as follows:
  (A)  Except as provided in subparagraphs (C) and (D), persons sentenced for
nondrug severity level 1 through 6 crimes and drug severity levels 1 through 3
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 (C) and (D), persons sentenced for
nondrug severity level 7 through 10 crimes and drug severity level 4 crimes
must serve 24 months, plus the amount of good time earned and retained pursuant
to K.S.A. 21-4722 and amend ments thereto, on postrelease supervision.
  (C) (i)  The sentencing judge shall impose the postrelease supervision period
provided in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge finds
substantial and compelling reasons to impose a departure based upon a finding
that the current crime of conviction 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. Departures
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
psychological evalu ation 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 offender. The
department of correc tions 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), 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 post release supervision period upon completion of court ordered programs
and completion of the presumptive postrelease supervision period, as determined
by the crime of conviction, pursuant to subparagraph (d)(1)(A) or (B). 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
registration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.
  (D)  The period of postrelease supervision provided in subparagraphs (A) and
(B) may be reduced by up to 12 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 pursuant to rules and regulations adopted by the secretary of
corrections.
  (E)  In cases where sentences for crimes from more than one severity level
have been imposed, the highest severity level offense will dictate the period
of postrelease supervision. 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;

820                          JOURNAL OF THE SENATE

  (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, 213302, 21-3303, and amendments thereto, of a sexually violent crime
as defined in this sec tion; 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 purpose 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 community
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. 214724 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 committed, 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 sentence, whichever is earlier. The new sentence shall then be
served as otherwise provided by law. The period of post release supervision
shall be based on the new sentence, except that those offenders whose old
sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993
Supp. 214628 prior to its repeal, or an indeterminate sentence with a maximum
term of life impris onment, 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 eligible 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 prob ability that the
inmate can be released without detriment to the community 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. 755210a 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 probability 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.

                                  May 5, 1997                               821

  (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 hearing, 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 preceding 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 noti fication 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
section 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 subsections   (a), (b) and
(c). At each parole hearing and, if parole is not granted, at such intervals
there after 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 circum stances 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 com pleted 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 post release
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 conferencing
format and shall interview the inmate unless impractical because of the
inmate's physical or mental condition or ab sence 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 inmate in writing of the reasons for not
granting parole. If an agree ment 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 satisfactorily completed
the programs required by such agreement, or any revision thereof, the board
shall not require further program participation. 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

822                          JOURNAL OF THE SENATE

denied for an inmate sentenced for a crime other than a class A or class B
felony or an offgrid 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 criteria
established by the secretary of corrections.
  (l)  The Kansas parole board shall adopt rules and regulations in accordance
with K.S.A. 77-415 et seq., and amendments thereto, not inconsistent 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 super vision that the parolee or the person on postrelease
supervision make progress towards or successfully complete the equivalent of a
secondary education if the inmate has not previ ously completed such
educational equivalent and is capable of doing so; and
  (3)  may order that the parolee or person on postrelease supervision perform
community or public service work for local governmental agencies, private
corporations organized notfor-profit or charitable or social service
organizations performing services for the commu nity.;
  (4)  may order the parolee or person on postrelease supervision to pay the
administrative fee imposed pursuant to section 16 unless the board finds
compelling circumstances which would render payment unworkable; and
  (5)  unless it finds compelling circumstances which would render a plan of
payment unworkable, shall order that the parolee or person on postrelease
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 indigents' defense services 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, 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

                                  May 5, 1997                               823

entry unless the board finds compelling circumstances which would render a plan
of resti tution 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
termination 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.
  Sec. 21.  On and after July 1, 1997, K.S.A. 22-3718, as amended by section 6
of 1997 House Bill No. 2211, is hereby amended to read as follows: 22-3718.
Upon release, an inmate who has served the inmate's maximum term or terms, less
such work and good behavior credits as have been earned, shall be subject to
such written rules and conditions as the Kansas parole board may impose, until
the expiration of the maximum term or terms for which the inmate was sentenced
or until the inmate is otherwise discharged. 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 release pursuant to this section, the
parole board may set aside restitution as a condition of release payment of
restitution, if the board finds compelling circumstances which would render a
plan of restitution unworkable. If the court which sentenced an inmate
specified reimbursement of all or part of the expenditures by the state board
of indigents' defense services as a condition of release, the parole board may
set aside such reimbursement, if the board finds compelling circumstances which
would render a plan of reimbursement unworkable. Prior to the release of any
inmate on parole, condi tional release or expiration of sentence, if an inmate
is released into the community under a program under the supervision of the
secretary of corrections, the secretary shall give written notice of such
release to any victim or victim's family as provided in K.S.A. 22-3727, and
amendments thereto.
  Sec. 22.  On and after July 1, 1997, K.S.A. 22-4504 is hereby amended to read
as follows: 22-4504. (a) When any defendant who is entitled to have the
assistance of counsel, under the provisions of K.S.A. 22-4503 and amendments
thereto, claims to be financially unable to employ counsel, the court shall
require that the defendant file an affidavit containing such information and in
the form as prescribed by rules and regulations adopted by the state board of
indigents' defense services. The affidavit filed by the defendant shall
become a part of the permanent file of the case. The court may interrogate
the defendant under oath concerning the contents of the affidavit and may
direct the county or district attorney, sheriff, marshal or other officer of
the county to investigate and report upon the financial condition of the
defendant and may also require the production of evidence upon the issue of the
defendant's financial inability to employ counsel.
  (b)  Upon the basis of the defendant's affidavit, the defendant's statements
under oath, and such other competent evidence as may be brought to the
attention of the court, which shall be made part of the record in the case, the
court shall determine whether the defendant is financially unable to employ
counsel. In making such determination the court shall con sider the defendant's
assets and income; the amount needed for the payment of reasonable and
necessary expenses incurred, or which must be incurred to support the defendant
and the defendant's immediate family; the anticipated cost of effective
representation by em ployed counsel; and any property which may have been
transferred or conveyed by the defendant to any person without adequate
monetary consideration after the commission of the alleged crime. If the
defendant's assets and income are not sufficient to cover the anticipated cost
of effective representation by employed counsel when the length and com

824                          JOURNAL OF THE SENATE

plexity of the anticipated proceedings are taken fully into account, the
defendant shall be determined indigent in full or in part and the court shall
appoint an attorney as provided in K.S.A. 22-4503 and amendments thereto. If
the court determines that the defendant is financially able to employ counsel,
the court shall so advise the defendant and shall give the defendant a
reasonable opportunity to employ an attorney of the defendant's own choosing.
All determinations by a court as to whether a defendant is financially unable
to employ counsel shall be subject to and in accordance with rules and
regulations adopted by the state board of indigents' defense services under
this act.
  (c)  The court shall inform the defendant for whom counsel is appointed that
the amount expended by the state in providing counsel and other defense
services may be entered as a judgment against the defendant if the defendant is
convicted and found to be financially able to pay the amount, and that an
action to recover such amount may be brought against any person to whom the
defendant may have transferred or conveyed any of the defendant's property
without adequate monetary consideration after the date of the commission of the
alleged crime. A determination by the court that the defendant is financially
unable to employ counsel or pay other costs of the defendant's defense may
preclude a recovery from the defendant but may not preclude recovery from any
person to whom the defendant may have transferred or conveyed any property
without adequate monetary consideration after the date of the commission of the
alleged crime.
  (d)  If found to be indigent in part, the defendant shall be promptly
informed of the terms under which the defendant may be expected to pay for
counsel. Any payments pur suant to such terms shall apply upon any judgment
entered pursuant to K.S.A. 22-4513 and amendments thereto. Payments made for
services of appointed counsel provided under K.S.A. 22-4503 and amendments
thereto shall be paid to the clerk of the district court. The clerk of the
district court shall remit all moneys received as payment for services of
appointed counsel under this section to the state board of indigents' defense
services at least monthly and the board shall remit all moneys received under
this section to the state treasurer at least monthly. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount thereof in the
state treasury to the credit of the state general fund.
  (e)  The determination that a defendant is indigent or partially indigent
shall be subject to review at any time by any court before whom the cause is
then pending.
  (f)  The state board of indigents' defense services shall adopt rules and
regulations in accordance with K.S.A. 77-415 et seq., and amendments
thereto, relating to the income, assets and anticipated costs of representation
for the purpose of determining whether a defendant is financially able to
employ counsel and the ability of a defendant to contribute to the cost of the
defendant's legal defense services.
  Sec. 23.  On and after July 1, 1997, K.S.A. 22-4513 is hereby amended to read
as follows: 22-4513. (a) Within 30 days after any expenditure has been made
by the state board of indigents' defense services to provide counsel and other
defense services to any defendant and such defendant has been convicted, the
state director of indigents' defense services may send to the county or
district attorney of the county where the defendant was convicted a notice
stating the name of the defendant and the amount of the expenditure. The county
or district attorney, in such attorney's discretion, may petition the district
court to require the defendant to repay to the state all or a part of the
amount expended by the state board of indigents' defense services on behalf of
such defendant. Subject to the provisions of subsection (b), the procedure for
the filing of the petition and subsequent procedure to be followed in the
action shall be the same as in other civil actions pursuant to chapter 60 of
the Kansas Statutes Annotated, except that no docket fee shall be charged for
the filing of the petition. At the hearing on the petition the court shall
determine whether or not the defendant is or will be able to repay all or a
part of the expenditures paid by the state board of indigents' defense services
on behalf of the defendant. If the defendant is convicted, all
expenditures made by the state board of indigents' defense services to provide
counsel and other defense services to such defendant or the amount allowed by
the board of indigents' defense reimbursement tables as provided in K.S.A.
22-4522, and amendments thereto, whichever is less, shall be taxed against the
defendant and shall be enforced as judgments for payment of money in civil
cases.

                                  May 5, 1997                               825

  (b)  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 impose
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.
  (c)  Whenever any expenditure has been made by the state board of
indigents' defense services to provide counsel and other defense services to
any defendant judgment has been entered pursuant to subsection (a) of
this section, a sum equal to such expenditure judgment may be
recovered by the state of Kansas for the benefit of the state general fund from
any persons to whom the indigent defendant shall have transferred any of the
defendant's prop erty without adequate monetary consideration after the
commission of the alleged crime, to the extent of the value of such transfer,
and such persons are hereby made liable to reimburse the state of Kansas for
such expenditures with interest at 6% per annum. Any action to recover
judgment for such expenditures shall be prosecuted by the attorney gen eral,
who may require the assistance of the county attorney of the county in which
the action is to be filed, and such action shall be governed by the provisions
of the code of civil procedure relating to actions for the recovery of money.
No action shall be brought against any person under the provisions of this
section to recover for sums expended on behalf of an indigent defendant, unless
such action shall have been filed within two years after the date of the
expenditure by the state board of indigents' defense services.
  Sec. 24.  On and after July 1, 1997, K.S.A. 22-4522 is hereby amended to read
as follows: 22-4522. The state board of indigents' defense services shall:
  (a)  Provide, supervise and coordinate, in the most efficient and economical
manner possible, the constitutionally and statutorily required counsel and
related services for each indigent person accused of a felony and for such
other indigent persons as prescribed by statute;
  (b)  establish, in each county or combination of counties designated by the
board, a system of appointed counsel, contractual arrangements for providing
contract counsel or public defender offices, or any combination thereof, on a
full- or part-time basis, for the delivery of legal services for indigent
persons accused of felonies;
  (c)  approve an annual operating budget for the board and submit that budget
as pro vided in K.S.A. 75-3717, and amendments thereto;
  (d)  collect payments from indigent defendants as ordered by the court by
methods in cluding, but not limited to, utilization of debt collection
procedures authorized by K.S.A. 756201 et seq., and amendments
thereto;
  (d) (e)  adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amend ments thereto, which are necessary for the
operation of the board and the performance of its duties and for the guidance
of appointed counsel, contract counsel and public defenders, including but not
limited to:
  (1)  Standards for entitlement to legal representation at public expense;
  (2)  standards and guidelines for compensation of appointed counsel and
investigative, expert and other services within the limits of appropriations;
  (3)  criteria for employing contract counsel; and
  (4)  qualifications, standards and guidelines for public defenders, appointed
counsel and contract counsel; and
  (5)  adopt and maintain reimbursement tables which set forth the cost to the
board of indigents' defense services for each separate category of service
provided;
  (e) (f)  prepare and submit to the governor and legislature an
annual report on the operations of the board; and
  (f) (g)  hold a hearing before changing the system for providing
legal services for indigent persons accused of felonies in any county or
judicial district if such a hearing is requested by two or more members of the
board.
  Sec. 25.  On and after July 1, 1997, K.S.A. 1996 Supp. 75-719 is hereby
amended to read as follows: 75-719. (a) The attorney general is authorized to
enter into contracts in

826                          JOURNAL OF THE SENATE

accordance with this section for collection services for debts owed to courts
or restitution owed under an order of restitution.
  (b)  As used in this section:
  (1)  ``Beneficiary under an order of restitution'' means the victim or
victims of a crime to whom a district court has ordered restitution be paid;
  (2)  ``contracting agent'' means a person, firm, agency or other entity who
contracts hereunder to provide collection services;
  (3)  ``cost of collection'' means the fee specified in contracts hereunder to
be paid to or retained by a contracting agent for collection services. ``Cost
of collection'' also includes any filing fee required under K.S.A. 60-4303 and
amendments thereto or administrative costs prescribed by the attorney general
pursuant to rules and regulations; and
  (4)  ``debts owed to courts'' means any assessment of court costs, fines,
fees, moneys expended by the state in providing counsel and other defense
services to indigent defendants or other charges which a district court
judgment has ordered to be paid to the court, and which remain unpaid in whole
or in part, and includes any interest or penalties on such unpaid amounts as
provided for in the judgment or by law. Debts owed to courts also includes the
cost of collection when collection services of a contracting agent hereunder
are utilized.
  (c) (1)  Contracts authorized by this section may be entered into with state
or federal agencies or political subdivisions of the state of Kansas, including
contracts for participation in the collection program authorized by K.S.A.
75-6201 et seq. and amendments thereto. Such contracts also may be
entered into with private firms or individuals selected by a procurement
negotiation committee in accordance with K.S.A. 75-37,102 and amendments
thereto, except that the attorney general shall designate a representative to
serve as the chief administrative officer member of such committee and that the
other two members of such committee shall be designated by the director of
purchases and the judicial administrator.
  (2)  Prior to negotiating any contract for collection services, this
procurement negotiation committee shall advertise for proposals, negotiate with
firms and individuals submitting proposals and select among those submitting
such proposals the party or parties to contract with for the purpose of
collection services.
  (3)  The attorney general may adopt rules and regulations as deemed
appropriate for the administration of this section, including procedures to be
used in the negotiation and execution of contracts pursuant to this section and
procedures to be followed by those who utilize collection services under such
contracts.
  (4)  For purposes of this section, the agencies, firms or individuals with
whom contracts are entered under this section shall be known as contracting
agents. The attorney general shall publish a list of the contracting agents for
use by courts or beneficiaries under orders of restitution who desire to
utilize the collection services of such agents.
  (5)  Each contract entered pursuant to this section shall provide for a fee
to be paid to or retained by the contracting agent for collection services.
Such fee shall be designated as the cost of collection hereunder, and shall not
exceed 33% of the amount of the debt to be collected. The cost of collection
shall be deducted from the amount collected and shall not be in addition to the
debts owed to courts or restitution.
  (d)  Judicial districts of the state of Kansas are authorized to utilize the
collection services of contracting agents pursuant to this section for the
purpose of collecting all outstanding debts owed to courts. Subject to rules
and orders of the Kansas supreme court, each judicial district may establish by
local rule guidelines for the compromise of court costs, fines, attorney fees
and other charges assessed in district court cases.
  (e)  Any beneficiary under an order of restitution entered by a court after
this section takes effect is authorized to utilize the collection services of
contracting agents pursuant to this section for the purpose of collecting all
outstanding amounts owed under such order of restitution.
  (f)  Contracts entered hereunder shall provide for the payment of any amounts
collected to the clerk of the district court for the court in which the debt
being collected originated. In accounting for amounts collected from any person
pursuant to this section, the district court clerk shall credit the person's
amount owed in the amount of the gross proceeds

                                  May 5, 1997                               827

collected and shall reduce the amount owed by any person by that portion of any
payment which constitutes the cost of collection pursuant to this section.
  (g)  With the appropriate cost of collection paid to the contracting agent as
agreed upon in the contract hereunder, the clerk shall then distribute amounts
collected hereunder as follows:
  (1)  When collection services are utilized pursuant to subsection (d), all
amounts shall be applied against the debts owed to the court as specified in
the original judgment creating the debt;
  (2)  when collection services are utilized pursuant to subsection (e), all
amounts shall be paid to the beneficiary under the order of restitution
designated to receive such restitution, except where that beneficiary has
received recovery from the Kansas crime victims com pensation board and such
board has subrogation rights pursuant to K.S.A. 74-7312 and amendments thereto,
in which case all amounts shall be paid to the board until its subro gation
lien is satisfied.
  (h)  Whenever collection services are being utilized against the same debtor
pursuant to both subsections (d) and (e), any amounts collected by a
contracting agent shall be first applied to satisfy subsection (e) debts, debts
pursuant to an order of restitution. Upon satisfaction of all such debts,
amounts received from the same debtor shall then be applied to satisfy
subsection (d) debts, debts owed to courts.'';
  And by renumbering sections accordingly;
  Also on page 2, after line 7, by inserting the following:
  ``Sec. 27.  On and after July 1, 1997, K.S.A. 21-4603, 21-4610, 22-3212,
22-3718, as amended by section 6 of 1997 House Bill No. 2211, 22-4504, 22-4505,
22-4506, 22-4513, 22-4522, 22-4901, 22-4902, 22-4905, 22-4906, 22-4908 and
22-4909 and K.S.A. 1996 Supp. 21-4603d, as amended by section 1 of 1997 House
Bill No. 2049, 21-4705, 22-3717, as amended by section 5 of 1997 House Bill No.
2211, 22-4904, 22-4907, 45-221, as amended by section 44 of 1997 House Bill No.
2105, 45-221d and 75-719 are hereby repealed.'';
  And by renumbering section 4 as section 28;
  On page 1, in the title, in line 10, after ``crimes'' by inserting ``,
criminal procedure''; also in line 10, by striking ``defining and classifying''
and inserting ``creating''; in line 11, after ``threat'' by inserting ``and
prescribing penalties therefor''; in line 12, after the semicolon, by inserting
``capital murder, assistance of counsel; sentencing of certain drug offenses;
discovery and inspection; registration of persons who commit certain crimes;
correctional records, open; defense services for indigent defendants,
recoupment of certain state ex penditures;''; also in line 12, after
``21-4110'' by inserting ``21-4603, 21-4610, 22-3212, 223718, as amended by
section 6 of 1997 House Bill No. 2211, 22-4504, 22-4505, 22-4506, 22-4513,
22-4522, 22-4901, 22-4902, 22-4905, 22-4906, 22-4908 and 22-4909 and K.S.A.
1996 Supp. 21-4603d, as amended by section 1 of 1997 House Bill No. 2049,
21-4705, 223717, as amended by section 5 of 1997 House Bill No. 2211, 22-4904,
22-4907, 45-221, as amended by section 44 of 1997 House Bill No. 2105, and
75-719''; in line 13, by striking ``section'' and inserting ``sections; also
repealing K.S.A. 1996 Supp. 45-221d'';
  And your committee on conference recommends the adoption of this report. Tim
Carmody
Terry Presta
Jim D. Garner Conferees on part of House Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate   Senator Emert moved the Senate
adopt the Conference Committee report on House Substitute for SB 264.
  On roll call, the vote was: Yeas 40, nays 0, present and passing 0; absent or
not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae

828                          JOURNAL OF THE SENATE

ger, Pugh, Ranson, Salisbury, Salmans, Schraad, Steffes, Steineger, Tyson,
Umbarger, Vidricksen.
  The Conference Committee report was adopted.
  Senator Emert moved the Senate adopt the Conference Committee report on
House Substitute for SB 363.

CONFERENCE COMMITTEE REPORT

  Mr. President and Mr. Speaker: Your committee on conference on House amend
ments to SB 363, submits the following report:
  The Senate accedes to all House amendments to the bill, and your committee on
con ference further agrees to amend the bill, as printed as House Substitute
for Senate Bill No. 363, as follows:
  On page 1, in line 31, by striking ``will'' and inserting ``may''; in line
37, by striking ``a work academy or mobile facility'' and inserting ``other
alternatives to incarceration consistent with public safety''; in line 38, by
striking all following ``(4)''; by striking all of line 39; in line 40, by
striking all preceding the semicolon and inserting ``allowing the court to
revoke a defendant's probation, assignment to community corrections or
conditional release, order the offender committed to the custody of the
secretary of corrections and retain jurisdiction for 120 days to modify the
sentence or order for revocation''; in line 43, by striking all following
``(7)'';
  On page 2, in line 1, by striking ``(8)''; in line 5, by striking ``(9)'' and
inserting ``(8)''; in line 9, by striking ``(10)'' and inserting ``(9)''; in
line 11, by striking ``(11)'' and inserting ``(10)''; in line 13, by striking
``(12)'' and inserting ``(11)'';
  On page 3, by striking all in lines 16 through 43;
  On page 4, by striking all in lines 1 through 43;
  On page 5, by striking all in lines 1 through 43;
  On page 6, by striking all in lines 1 through 43;
  On page 7, by striking all in lines 1 and 2;
  And by renumbering sections accordingly;
  Also on page 7, in line 3, preceding ``K.S.A.'' by inserting ``On and after
July 1, 1997,'';
  On page 9, in line 16, preceding ``K.S.A.'' by inserting ``On and after July
1, 1997,''; in line 17, by striking ``15'' and inserting ``19''; in line 23,
following ``(3)'' by inserting ``the attorney general or the attorney general's
designee;''; in line 24, preceding ``one'' by inserting ``(4)''; in line 25, by
striking ``(4)'' and inserting ``(5)''; in line 26, by striking ``(5)'' and
inserting ``(6)''; also in line 26, by striking ``two'' and inserting ``one'';
also in line 26, by striking ``attorneys'' and inserting ``attorney''; also in
line 26, by striking ``attor-''; by striking all in line 27; in line 28, by
striking ``and'' and inserting ``attorney''; in line 29, by striking ``(6)''
and inserting ``(7)''; in line 30, by striking ``(7)'' and inserting ``(8)'';
in line 32, by striking ``(8)'' and inserting ``(9)''; in line 34, by striking
``(9)'' and inserting ``(10)''; in line 35, following the semicolon by
inserting ``and''; in line 36, by striking ``(10)'' and inserting ``(11)''; in
line 37, by striking the semicolon; by striking all in lines 38, 39 and 40; in
line 41, by striking all preceding the period; also in line 41, by striking
``four'' and inserting ``three''; in line 43, by striking the semicolon and
inserting a period;
  On page 10, in line 6, by striking ``ex officio'' and inserting ``voting'';
in line 7, by striking all following the period; by striking all of line 8; in
line 9, by striking all following ``The''; in line 10, by striking all
preceding ``a'' and inserting ``governor shall appoint''; in line 12, following
``court'' by inserting ``or the chief justice of the supreme court''; by
striking all of lines 30, 31 and 32;
  On page 11, in line 34, by striking all following ``(6)''; by striking all in
line 35; in line 36, by striking ``(7)''; following line 40, by inserting the
following:
  ``Sec. 7.  K.S.A. 22a-215 is hereby amended to read as follows: 22a-215. The
coroner shall cause the body of a deceased person to be delivered to the
immediate family or the next of kin of the deceased in accordance with the
provisions of K.S.A. 65-904, and amend ments thereto. If there is no immediate
family or next of kin the coroner shall report and make delivery in accordance
with the provisions of article 9 of chapter 65 of Kansas Statutes Annotated. If
no such delivery is required, the coroner shall cause the body of such
deceased

                                  May 5, 1997                               829

person to be decently buried, and the expenses to be paid from any property
found with the body. If there is no property found with the body and if the
deceased was eligible for assistance under the provisions of article 7 of
chapter 39 of Kansas Statutes Annotated, burial expenses shall be paid in
accordance with the provisions of K.S.A. 39-713d, and amendments thereto.
Otherwise such burial expenses shall be paid from the county general fund
unless the deceased died in the custody of the secretary of corrections.
Burial expenses for the unclaimed bodies of deceased inmates in the custody of
the secretary of corrections shall be paid by the department of corrections.
  Any coroner who, over the protest of the immediate family or next of kin of
the deceased, delivers or causes to be delivered the body of a deceased person
for final disposition to a particular embalmer, funeral director or funeral
establishment, shall be deemed guilty of a class B nonperson misdemeanor and
upon conviction thereof shall forfeit the coroner's office.
  Sec. 8.  K.S.A. 65-904 is hereby amended to read as follows: 65-904.
(a) If Except as provided by subsection (b), if the deceased
person during his such person's last sickness of his own
accord requests to be buried, or if his burial is provided for under
article 3 of chapter 73 of the Kansas Statutes Annotated or acts amendatory
thereof or supplemental thereto, the body shall not be surrendered, but shall
be buried in the usual manner: Pro vided, That.
No body shall be delivered as provided in K.S.A. 65-902a and amendments
thereto, if claimed by relatives or friends within seventy-two (72)
72 hours after death, nor shall a body be delivered as provided in
K.S.A. 65-902a and amendments thereto unless the person or persons in charge
of the deceased at the time of death shall have made diligent
search by telegraph and otherwise for relatives or friends, and no
response to such inquiry the search has been received within
seventy-two (72) 96 hours after such notice: Provided
further, the commencement of such search. No dead body
received by the department of anatomy of the medical school of the university
of Kansas under the provisions of this act shall be dissected prior to
ninety (90) 60 days after date of receipt thereof: And
provided also, That of the dead body. In case of the
remains of any person so delivered and received shall be claimed within
ninety (90) 60 days by any relative or friend, they shall be given
up to such relative or friend for interment.
  (b)  The unclaimed body of a deceased inmate in the custody of the
secretary of correc tions may be cremated at the expense of the department of
corrections.'';
  Also on page 11, in line 41, by striking ``74-9102'' and inserting ``22a-215,
65-904''; also in line 41, by striking all following ``75-5291''; in line 42,
by striking ``74-9101'';
  On page 12, in line 1, by striking ``and''; in line 2, following ``Kansas''
by inserting ``, 749102 and K.S.A. 1996 Supp. 74-9101''; by striking all of
lines 3 and 4;
  And by renumbering the remaining section accordingly;
  Also on page 1, in the title, in line 11, preceding ``74-9102'' by inserting
``22a-215, 65904,''; also in line 11, by striking ``21-4603d and'';
  And your committee on conference recommends the adoption of this report. Joe
Kejr
Shari Weber
Ed McKechnie Conferees on part of House Tim Emert
Keith Schraad
Greta Goodwin Conferees on part of Senate   On roll call, the vote was: Yeas
40, nays 0, present and passing 0; absent or not voting 0.
  Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan,
Downey, Emert, Feleciano, Gilstrap, Gooch, Goodwin, Hardenburger, Harrington,
Hensley, Huel skamp, Jones, Jordan, Karr, Kerr, Langworthy, Lawrence, Lee,
Morris, Oleen, Petty, Prae ger, Pugh, Ranson, Salisbury, Salmans, Schraad,
Steffes, Steineger, Tyson, Umbarger, Vidricksen.
  The Conference Committee report was adopted.

830                          JOURNAL OF THE SENATE


STRICKEN FROM THE CALENDAR

  On motion of Senator Emert SB 79, 156, 179, 206; SCR 1606; HB 2101, 2374,
2509 were stricken from the calendar.

MESSAGE FROM THE HOUSE

  Announcing adoption of HCR 5027.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HCR 5027, A concurrent resolution relating to the 1997 regular
session of the legislature and providing for an adjournment thereof, was
introduced and read by title.

ORIGINAL MOTION

  On motion of Senator Emert the Senate suspended Subsection 4(k) of the Joint
Rules of the Senate and House of Representatives to consider the following
concurrent resolution: HCR 5027.
  On emergency motion of Senator Emert, HCR 5027 was adopted by
voice vote.
  On motion of Senator Emert and in compliance with HCR 5027 the
Senate adjourned until Sine Die, Tuesday, May 27, at 10:00 a.m.
                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
                                      +--+
                                      |  |
                                      +--+