The House met pursuant to adjournment with Speaker pro tem Wagle in the chair.
The roll was called with 118 members present.
Rep. Lloyd was excused on verified illness.
Reps. Aurand, Cox, Helgerson, O'Neal, Packer and Presta were excused on excused ab-
sence by the Speaker.
Present later: Reps. O'Neal and Presta.
Prayer by guest chaplain, the Rev. Neil Climer, pastor, Westwood Christian Church,
Shawnee Mission, and guest of Reps. Lane and Dean:
God who created the sunshine and the snow, those gathered today in these halls
have come this day to serve the people of Kansas. O Creator, I ask that you bless
these women and men.
Bless them with passionate hearts that they may pursue dreams of a better Kansas
with vigor and enthusiasm.
Bless them with clear minds that they may discern the truth in the issues set before
them.
Bless them with pure consciences that they may do what is noble and right.
Bless them with abundant energy when the body and mind grow weary they may
have the stamina to follow through.
Bless their families who support their work as legislators.
Bless them with your presence Lord, so they know that this activity they do this
day and everyday is important and worthwhile.
For Lord, you are the one who called us to life and life more full, and it is in your
name we pray, Amen.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were introduced and read by title:
HB 3007, An act concerning the Kansas wheat commission; creating the wheat research
reserve fund, by Committee on Appropriations.
HB 3008, An act concerning state parks; relating to certain license fee exemptions;
amending K.S.A. 32-901 and repealing the existing section, by Committee on
Appropriations.
CONSENT CALENDAR
No objection was made to HB 2977; SB 111, 122, 429, 435 appearing on the Consent
Calendar for the second day.
No objection was made to SCR 1616; HB 2684 appearing on the Consent Calendar for
the third day. The resolution and bill were advanced to Final Action on Bills and Concurrent
Resolutions.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
SCR 1616, A concurrent resolution urging the Congress to enact legislation providing
relief from the order of the Federal Energy Regulatory Commission requiring Kansas nat-
ural gas producers to pay penalties and interest on certain refunds to customers, was con-
sidered on final action.
On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Aurand, Cox, Helgerson, Lloyd, O'Neal, Packer, Presta.
The concurrent resolution was adopted.
HB 2684, An act relating to property taxation; concerning exemptions therefrom for
political subdivisions; amending K.S.A. 79-201a and repealing the existing section, was con-
sidered on final action.
On roll call, the vote was: Yeas 118; Nays 0; Present but not voting: 0; Absent or not
voting: 7.
Absent or not voting: Aurand, Cox, Helgerson, Lloyd, O'Neal, Packer, Presta.
The bill passed.
HB 2510, An act amending the Kansas parimutuel racing act; amending K.S.A. 74-8809,
74-8811 and 79-4801 and K.S.A. 1997 Supp. 74-8810, 74-8816, 74-8831 and 74-8836 and
repealing the existing sections, was considered on final action.
On roll call, the vote was: Yeas 77; Nays 42; Present but not voting: 0; Absent or not
voting: 6.
Absent or not voting: Aurand, Cox, Helgerson, Lloyd, O'Neal, Packer.
The bill passed, as amended.
On motion of Rep. Jennison, the House went into Committee of the Whole, with Rep.
Pottorff in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Pottorff, Committee of the Whole report, as follows, was adopted:
Recommended that on motion of Rep. Kejr HB 2463 be amended on page 2, following
line 20, by inserting the following sections:
``Sec. 2. K.S.A. 22-4001 is hereby amended to read as follows: 22-4001. (a) Subject to
the provisions of this act, the mode of carrying out a sentence of death in this state shall be
by intravenous injection of a substance or substances in a quantity sufficient to cause death
in a swift and humane manner.
(b) The secretary of corrections shall supervise the carrying out of each sentence of
death and shall determine the procedures therefor, which shall be consistent with this act
and the other laws of the state. The secretary of corrections shall designate one or more
executioners and other persons necessary to assist in carrying out the sentence of death as
provided in this section. The identity of executioners and other persons designated to assist in carrying out the sentence of death shall be confidential.
(c) In order to provide the secretary of corrections with assistance in selecting the type
of substance or substances to be administered in carrying out a sentence of death by intra-
venous injection in a swift and humane manner, the secretary shall appoint a panel of three
persons to advise the secretary, one of whom shall be a pharmacologist, one of whom shall
be a toxicologist and one of whom shall be an anesthesiologist. The panel shall also advise
the secretary of corrections concerning matters related to K.S.A. 22-4015 and amendments thereto. The panel shall meet upon the call of the secretary and, for the performance of
their official duties, panel members shall be paid compensation, subsistence allowances,
mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
(d) The secretary of corrections may designate in writing a warden of one of the cor-
rectional institutions under the secretary's supervision to perform the duties imposed upon
the secretary by this section and by K.S.A. 22-4002, 22-4003, 22-4013 and 22-4014, and
amendments thereto.
Sec. 3. K.S.A. 22-4003 is hereby amended to read as follows: 22-4003. Besides the
secretary of corrections or the warden designated by the secretary, the executioner and
persons designated pursuant to K.S.A. 22-4001 and amendments thereto to assist in the
execution, the following persons, and no others, may be present at the execution: The
member of the clergy attending the prisoner, not more than three persons designated by
the prisoner and not more than six persons designated by the secretary of corrections. The identity of persons present at the execution, other than the secretary or the warden desig- nated by the secretary, shall be confidential. A witness may elect to reveal such witness's identity.
Sec. 4. K.S.A. 22-4006 is hereby amended to read as follows: 22-4006. (a) At any time
prior to execution, a convict under sentence of death, such convict's counsel or the warden
of the correctional institution or sheriff having custody of such convict may request a de-
termination of the convict's sanity by a district judge of the judicial district in which such
convict was tried and sentenced. If the district judge determines that there is not sufficient
reason to believe that the convict is insane, the judge shall so find and refuse to suspend
the execution of such convict. If the district judge determines that there is sufficient reason
to believe that the convict is insane, the judge shall suspend the execution and conduct a
hearing to determine the sanity of the convict.
(b) At the hearing, the district judge shall determine the issue of the convict's sanity.
The judge shall order a psychiatric or psychological examination of the convict. For that
purpose, the court shall appoint two licensed physicians or licensed psychologists, or one of
each, qualified by training and practice to make such examination, to examine the convict
and report their findings in writing to the judge within 10 days after the order of examination
is issued. The convict shall have the right to present evidence and cross-examine any wit-
nesses at the hearing. No statement made by the convict in the course of any examination
provided for by this section, whether or not the convict consents to the examination, shall
be admitted in evidence against the convict in any criminal proceeding.
(c) If, at the conclusion of a hearing pursuant to this section, the judge determines that
the convict is sane, the judge shall enter an order setting a date for the convict's execution, which shall be carried into effect in the same manner as provided in the original sentence memorializing the determination. A copy of the order shall be sent by mail to delivered to the clerk of the supreme court and the secretary of corrections. Upon receipt of the order, the supreme court shall forthwith issue to the secretary of corrections a warrant under seal of the supreme court, commanding the secretary or a warden designated pursuant to K.S.A. 22-4001 and amendments thereto to proceed to carry out the sentence of execution during the week designated by the supreme court. A copy of the warrant shall be delivered to the secretary of corrections and the clerk of the district court.
(d) If, at the conclusion of a hearing pursuant to this section, the judge determines that
the convict is insane, the judge shall suspend the execution until further order. The judge shall enter an order memorializing the determination. A copy of the order shall be delivered to the clerk of the supreme court and the secretary of corrections. Upon receipt of the order, the supreme court shall forthwith issue to the secretary of corrections a warrant under seal of the supreme court suspending the sentence. A copy of the warrant shall be delivered to the secretary of corrections and the clerk of the district court. Any time thereafter when the
judge has sufficient reason to believe that the convict has become sane, the judge shall again
determine the sanity of the convict as provided by this section. Proceedings pursuant to this
section may continue to be held at such times as the district judge orders until it is either
determined that such convict is sane or incurably insane.
Sec. 5. K.S.A. 22-4009 is hereby amended to read as follows: 22-4009. (a) If a convict
under sentence of death appears to be pregnant or alleges to be pregnant, the person having
custody of the convict shall notify the secretary of corrections. The secretary shall designate
one or more licensed physicians to examine the convict to determine if the convict is preg-
nant. If the convict is not pregnant, the execution shall be carried out as previously ordered.
If the convict is pregnant, the secretary of corrections shall notify the administrative judge of the judicial district where the conviction was rendered and the execution of the sentence of death shall be postponed. If the convict is not pregnant, the execution shall be carried out as previously ordered. clerk of the supreme court. Upon receipt of the notice, the supreme court shall forthwith issue to the secretary of corrections a warrant under seal of the supreme court postponing the execution of the sentence of death. A copy of the warrant shall be delivered to the secretary of corrections and the clerk of the district court.
(b) When the execution of a sentence of death is postponed because of pregnancy, the judge secretary of corrections shall wait until the child is born or the pregnancy is otherwise
terminated and then the judge secretary shall fix the date for the execution notify the clerk of the supreme court of the birth of the child or termination of the pregnancy. Upon receipt of the notice, the supreme court shall forthwith issue to the secretary of corrections a warrant under seal of the supreme court, commanding the secretary or a warden designated pursuant to K.S.A. 22-4001 and amendments thereto to proceed to carry out the sentence of execution during the week designated by the supreme court. A copy of the warrant shall be delivered to the secretary of corrections and the clerk of the district court. At any time during the
postponement of the execution, the judge secretary may order an examination as provided
in this section to determine whether the convict remains pregnant. The costs of each medical
examination conducted pursuant to this section shall be paid by the county where the case
originated.
Sec. 6. K.S.A. 22-4011 is hereby amended to read as follows: 22-4011. If any person
who has been sentenced to death escapes and is not retaken before the time fixed for
execution, it shall be lawful for any sheriff or other officer or person to rearrest and return
the person to the custody of the secretary of corrections. Upon such return to custody, the
secretary of corrections shall give notice thereof to the governor clerk of the supreme court.
Upon receipt of such notice, the governor shall issue a warrant fixing and appointing a day for the execution, supreme court shall forthwith issue to the secretary of corrections a war- rant under seal of the supreme court, commanding the secretary or a warden designated pursuant to K.S.A. 22-4001 and amendments thereto to proceed to carry out the sentence of execution during the week designated by the supreme court which shall be carried into
effect in the same manner as provided by statute for the execution of an original sentence
of death. A copy of the warrant shall be delivered to the secretary of corrections and the clerk of the district court.
Sec. 7. K.S.A. 22-4012 is hereby amended to read as follows: 22-4012. Whenever any
person has been sentenced to death, it shall be the duty of the clerk of the court before
which the conviction was rendered to issue a warrant an order, under the seal of the court,
which shall recite the conviction and sentence and be directed to the secretary of corrections.
The clerk shall deliver the warrant order to the sheriff of the county in which the conviction
was rendered, and such sheriff shall promptly transport such convicted person to the state
correctional institution designated by the secretary of corrections and deliver such convict,
together with the warrant order, into the custody of the warden of the designated institution,
who shall receive and safely keep such convict until the time of execution, or until otherwise
ordered by the secretary or other competent authority. The warden shall notify the secretary
of corrections of the receipt of the convict and warrant order.
Sec. 8. K.S.A. 22-4013 is hereby amended to read as follows: 22-4013. (a) It shall be
the duty of the secretary of corrections or the warden designated by the secretary to proceed at the time fixed in accordance with law to execute a sentence of death during the week designated for the execution in the manner prescribed by this act. The secretary of correc- tions may carry out the execution of the sentence of death at any time during the week designated for the execution as provided by this section. For purposes of this act, the term ``week'' shall mean the time period from 12:01 a.m. Sunday through and including 11:59 p.m. the following Saturday. If the week designated in the warrant commanding the exe- cution of a death sentence begins on a day of the week other than a Sunday, or sets out a particular date for the execution, the secretary of corrections shall notify the clerk of the supreme court. Upon receipt of the order, the supreme court shall forthwith issue to the secretary of corrections a warrant under seal of the supreme court, commanding the sec- retary or a warden designated pursuant to K.S.A. 22-4001 and amendments thereto to pro- ceed to carry out the sentence of execution during the week designated by the supreme court. A copy of the warrant shall be delivered to the secretary of corrections and the clerk of the district court.
(b) The secretary of corrections shall carry out the execution commanded by the warrant issued by the supreme court during the week designated by the supreme court on a date selected by the secretary. Provided, however, the secretary shall give notice of the date selected by the secretary for the execution at least seven calendar days before the execution to the clerk of the supreme court, the clerk of the district court in which the defendant was convicted, the defendant, the defendant's counsel and the attorney general. The secretary may carry out the execution at any time during the date selected or as soon thereafter as the secretary deems appropriate.
Sec. 9. K.S.A. 22-4014 is hereby amended to read as follows: 22-4014. If the supreme
court orders a suspension of the execution of a sentence of death, the suspension shall
continue until the proceedings are determined. If, after determining the same, the sentence
is affirmed, the supreme court shall order the execution of the sentence of death and shall
designate a day therefor week during which the sentence of execution shall be carried out.
It shall be the duty of the clerk of the supreme court to issue to the secretary of corrections
a warrant under the seal of the court, commanding the secretary or a warden designated
pursuant to K.S.A. 22-4001 and amendments thereto to proceed to carry the sentence into
execution at the time appointed during the week designated by the court, which time. The week during which the sentence of execution is to be carried out shall be stated in the warrant.
Upon receipt of the warrant it shall be the duty of the secretary of corrections to cause the
sentence to be executed as provided by this act at during the time designated by the court.'';
And by renumbering the remaining sections accordingly;
Also on page 2, line 21, by striking ``is'' and inserting ``, 22-4001, 22-4003, 22-4006, 22-
4009, 22-4011, 22-4012, 22-4013 and 22-4014 are'';
In the title, on page 1, in line 15, by striking ``and'' and inserting a comma; also in line
15, after ``punishment'' by inserting ``and criminal procedure''; also in line 15, after the
second semicolon in the line by inserting ``execution of death sentences;''; in line 16, after
``21-3439'' by inserting ``, 22-4001, 22-4003, 22-4006, 22-4009, 22-4011, 22-4012, 22-4013
and 22-4014''; also in line 16, by striking ``section'' and inserting ``sections'';
Also, roll call was demanded on motion of Rep. Sawyer to amend HB 2463 on page 1,
after line 18, by inserting the following:
``New Section 1. (a) A defendant who is sentenced pursuant to this section shall be
sentenced to imprisonment for life shall not be eligible for probation, parole, assignment to
a community correctional services program, conditional release, postrelease supervision, or
suspension, modification or reduction of sentence.
(b) Upon sentencing a defendant to imprisonment for life, the court shall commit the
defendant to the custody of the secretary of corrections and the court shall state in the
sentencing order of the judgment form or journal entry, whichever is delivered with the
defendant to the correctional institution, that the defendant has been sentenced to impris-
onment for life.'';
Also on page 1, in line 19, by striking ``Section 1.'' and inserting ``Sec. 2.'';
On page 2, in line 18, after the period, by inserting: ``A person convicted of capital murder
pursuant to subsection (a)(1) through (a)(6) shall be sentenced pursuant to K.S.A. 21-4622
through 21-4627 and 21-4629 through 21-4631, and amendments thereto. A person con-
victed of capital murder pursuant to subsection (a)(7) shall be sentenced pursuant to section
1 and K.S.A. 21-4622 through 21-4627 and 21-4629 through 21-4631, and amendments
thereto.''; after line 20, by inserting the following:
``Sec. 3. K.S.A. 1997 Supp. 21-4603d is hereby amended to read as follows: 21-4603d.
(a) Whenever any person has been found guilty of a crime, the court may adjudge any of
the following:
(1) Commit the defendant to the custody of the secretary of corrections if the current
crime of conviction is a felony and the sentence presumes imprisonment, or the sentence
imposed is a dispositional departure to imprisonment; or, if confinement is for a 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
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 K.S.A. 1997 Supp.
22-4529 and amendments thereto, unless waived by the court;
(10) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7), (8) and (9);
or
(11) suspend imposition of sentence in misdemeanor cases.
In addition to or in lieu of any of the above, the court shall order the defendant to pay
restitution, which shall include, but not be limited to, damage or loss caused by the de-
fendant'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 When the court orders restitution, the restitution shall be a judgment against the de-
fendant which may be collected by the court by garnishment or other execution as on
judgments in civil cases. If, after 60 days from the date restitution is ordered by the court,
a defendant is found to be in noncompliance with the plan established by the court for
payment of restitution, and the victim to whom restitution is ordered paid has not initiated
proceedings in accordance with K.S.A. 60-4301 et seq. and amendments thereto, the court
shall assign an agent procured by the attorney general pursuant to K.S.A. 75-719 and 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
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.
(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
180-day conservation camp program, the secretary of corrections shall report such comple-
tion 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. 4. K.S.A. 21-4622 is hereby amended to read as follows: 21-4622. Upon conviction
of a defendant of capital murder and a finding that the defendant was less than 18 years of
age at the time of the commission thereof, the court shall sentence the defendant as oth-
erwise provided by law, and no sentence of death or imprisonment for life pursuant to section 1 shall be imposed hereunder.
Sec. 5. K.S.A. 21-4623 is hereby amended to read as follows: 21-4623. (a) If, under
K.S.A. 21-4624 and amendments thereto, the county or district attorney has filed a notice
of intent to request a separate sentencing proceeding to determine whether the defendant
should be sentenced to death or imprisonment for life pursuant to section 1 and the de-
fendant is convicted of the crime of capital murder, the defendant's counsel or the warden
of the correctional institution or sheriff having custody of the defendant may request a
determination by the court of whether the defendant is mentally retarded. If the court
determines that there is not sufficient reason to believe that the defendant is mentally
retarded, the court shall so find and the defendant shall be sentenced in accordance with
K.S.A. 21-4624 through 21-4627, 21-4629 and 21-4631 and amendments thereto. If the
court determines that there is sufficient reason to believe that the defendant is mentally
retarded, the court shall conduct a hearing to determine whether the defendant is mentally
retarded.
(b) At the hearing, the court shall determine whether the defendant is mentally re-
tarded. The court shall order a psychiatric or psychological examination of the defendant.
For that purpose, the court shall appoint two licensed physicians or licensed psychologists,
or one of each, qualified by training and practice to make such examination, to examine the
defendant and report their findings in writing to the judge within 10 days after the order of
examination is issued. The defendant shall have the right to present evidence and cross-
examine any witnesses at the hearing. No statement made by the defendant in the course
of any examination provided for by this section, whether or not the defendant consents to
the examination, shall be admitted in evidence against the defendant in any criminal pro-
ceeding.
(c) If, at the conclusion of a hearing pursuant to this section, the court determines that
the defendant is not mentally retarded, the defendant shall be sentenced in accordance with
K.S.A. 21-4624 through 21-4627, 21-4629 and 21-4631 and amendments thereto.
(d) If, at the conclusion of a hearing pursuant to this section, the court determines that
the defendant is mentally retarded, the court shall sentence the defendant as otherwise
provided by law, and no sentence of death or imprisonment for life shall be imposed here-
under.
(e) As used in this section, ``mentally retarded'' means having significantly subaverage
general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto,
to an extent which substantially impairs one's capacity to appreciate the criminality of one's
conduct or to conform one's conduct to the requirements of law.
Sec. 6. K.S.A. 21-4624 is hereby amended to read as follows: 21-4624. (a) If a defendant
is charged with capital murder, the county or district attorney shall file written notice if such
attorney intends, upon conviction of the defendant, to request a separate sentencing pro-
ceeding to determine whether the defendant should be sentenced to death or imprisonment for life pursuant to section 1. Such notice shall be filed with the court and served on the
defendant or the defendant's attorney not later than five days after the time of arraignment.
If such notice is not filed and served as required by this subsection, the county or district
attorney may not request such a sentencing proceeding and the defendant, if convicted of
capital murder, shall be sentenced as otherwise provided by law, and no sentence of death or imprisonment for life shall be imposed hereunder.
(b) Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto, upon
conviction of a defendant of capital murder, the court, upon motion of the county or district
attorney, shall conduct a separate sentencing proceeding to determine whether the defend-
ant shall be sentenced to death or imprisonment for life. The proceeding shall be conducted
by the trial judge before the trial jury as soon as practicable. If any person who served on
the trial jury is unable to serve on the jury for the sentencing proceeding, the court shall
substitute an alternate juror who has been impaneled for the trial jury. If there are insuf-
ficient alternate jurors to replace trial jurors who are unable to serve at the sentencing
proceeding, the trial judge may summon a special jury of 12 persons which shall determine
the question of whether a sentence of death or imprisonment for life shall be imposed. Jury
selection procedures, qualifications of jurors and grounds for exemption or challenge of
prospective jurors in criminal trials shall be applicable to the selection of such special jury.
The jury at the sentencing proceeding may be waived in the manner provided by K.S.A. 22-
3403 and amendments thereto for waiver of a trial jury. If the jury at the sentencing pro-
ceeding has been waived or the trial jury has been waived, the sentencing proceeding shall
be conducted by the court.
(c) In the sentencing proceeding, evidence may be presented concerning any matter
that the court deems relevant to the question of sentence and shall include matters relating
to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments
thereto and any mitigating circumstances. Any such evidence which the court deems to have
probative value may be received regardless of its admissibility under the rules of evidence,
provided that the defendant is accorded a fair opportunity to rebut any hearsay statements.
Only such evidence of aggravating circumstances as the state has made known to the de-
fendant prior to the sentencing proceeding shall be admissible, and no evidence secured in
violation of the constitution of the United States or of the state of Kansas shall be admissible.
No testimony by the defendant at the sentencing proceeding shall be admissible against the
defendant at any subsequent criminal proceeding. At the conclusion of the evidentiary pres-
entation, the court shall allow the parties a reasonable period of time in which to present
oral argument.
(d) At the conclusion of the evidentiary portion of the sentencing proceeding, the court
shall provide oral and written instructions to the jury to guide its deliberations.
(e) If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more
of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto
exist and, further, that the existence of such aggravating circumstances is not outweighed
by any mitigating circumstances which are found to exist, the defendant shall be sentenced
to death. In the alternative, by unanimous vote, the jury may sentence the defendant to imprisonment for life; otherwise, the defendant shall be sentenced as provided by law. The
jury, if its verdict is a unanimous recommendation of a sentence of death, shall designate
in writing, signed by the foreman of the jury, the statutory aggravating circumstances which
it found beyond a reasonable doubt. If, after a reasonable time for deliberation, the jury is
unable to reach a verdict, the judge shall dismiss the jury and impose a sentence of impris-
onment as provided by law and shall commit the defendant to the custody of the secretary
of corrections. In nonjury cases, the court shall follow the requirements of this subsection
in determining the sentence to be imposed.
(f) Notwithstanding the verdict of the jury, the trial court shall review any jury verdict
imposing a sentence of death or imprisonment for life hereunder to ascertain whether the
imposition of such sentence is supported by the evidence. If the court determines that the
imposition of such a sentence is not supported by the evidence, the court shall modify the
sentence and sentence the defendant as otherwise provided by law, and no sentence of
death or imprisonment for life shall be imposed hereunder. Whenever the court enters a
judgment modifying the sentencing verdict of the jury, the court shall set forth its reasons
for so doing in a written memorandum which shall become part of the record.
Sec. 7. K.S.A. 21-4627 is hereby amended to read as follows: 21-4627. (a) A judgment
of conviction resulting in a sentence of death or imprisonment for life pursuant to section 1
shall be subject to automatic review by and appeal to the supreme court of Kansas in the
manner provided by the applicable statutes and rules of the supreme court governing ap-
pellate procedure. The review and appeal shall be expedited in every manner consistent
with the proper presentation thereof and given priority pursuant to the statutes and rules
of the supreme court governing appellate procedure.
(b) The supreme court of Kansas shall consider the question of sentence as well as any
errors asserted in the review and appeal and shall be authorized to notice unassigned errors
appearing of record if the ends of justice would be served thereby.
(c) With regard to the sentence, the court shall determine:
(1) Whether the sentence of death or imprisonment for life imposed under the influence
of passion, prejudice or any other arbitrary factor; and
(2) whether the evidence supports the findings that an aggravating circumstance or
circumstances existed and that any mitigating circumstances were insufficient to outweigh
the aggravating circumstances.
(d) The court shall be authorized to enter such orders as are necessary to effect a proper
and complete disposition of the review and appeal.
Sec. 8. K.S.A. 21-4629 is hereby amended to read as follows: 21-4629. In the event a
sentence of death, imprisonment for life pursuant to section 1 or any provision of this act
authorizing such sentence sentences is held to be unconstitutional by the supreme court of
Kansas or the United States supreme court, the court having jurisdiction over a person
previously sentenced shall cause such person to be brought before the court and shall modify
the sentence and resentence the defendant as otherwise provided by law.
Sec. 9. K.S.A. 21-4631 is hereby amended to read as follows: 21-4631. (a) K.S.A. 21-
4622 through 21-4630, and amendments thereto, shall be supplemental to and a part of the
Kansas criminal code.
(b) The provisions of K.S.A. 21-4622 through 21-4630, as they existed immediately prior
to July 1, 1994, shall be applicable only to persons convicted of crimes committed on or
after July 1, 1990, and before July 1, 1994.
(c) The provisions of K.S.A. 21-4622 through 21-4627 and 21-4629 and 21-4630, as
amended by this act, shall be applicable only to persons convicted of crimes committed on
or after July 1, 1994.
(d) The provisions of section 1, K.S.A. 21-4622 through 21-4627 and 21-4629 and 21- 4630, as amended by this act, shall be applicable only to persons convicted of crimes com- mitted on or after July 1, 1998.
Sec. 10. K.S.A. 21-4634 is hereby amended to read as follows: 21-4634. (a) If a de-
fendant is convicted of the crime of capital murder and a sentence of death or imprisonment for life pursuant to section 1 is not imposed, or if a defendant is convicted of the crime of
murder in the first degree based upon the finding of premeditated murder, the defendant's
counsel or the director of the correctional institution or sheriff having custody of the de-
fendant may request a determination by the court of whether the defendant is mentally
retarded. If the court determines that there is not sufficient reason to believe that the
defendant is mentally retarded, the court shall so find and the defendant shall be sentenced
in accordance with K.S.A. 21-4635 through 21-4638. If the court determines that there is
sufficient reason to believe that the defendant is mentally retarded, the court shall conduct
a hearing to determine whether the defendant is mentally retarded.
(b) At the hearing, the court shall determine whether the defendant is mentally re-
tarded. The court shall order a psychiatric or psychological examination of the defendant.
For that purpose, the court shall appoint two licensed physicians or licensed psychologists,
or one of each, qualified by training and practice to make such examination, to examine the
defendant and report their findings in writing to the judge within 10 days after the order of
examination is issued. The defendant shall have the right to present evidence and cross-
examine any witnesses at the hearing. No statement made by the defendant in the course
of any examination provided for by this section, whether or not the defendant consents to
the examination, shall be admitted in evidence against the defendant in any criminal pro-
ceeding.
(c) If, at the conclusion of a hearing pursuant to this section, the court determines that
the defendant is not mentally retarded, the defendant shall be sentenced in accordance with
K.S.A. 21-4635 through 21-4638.
(d) If, at the conclusion of a hearing pursuant to this section, the court determines that
the defendant is mentally retarded, the court shall sentence the defendant as otherwise
provided by law, and no mandatory term of imprisonment shall be imposed hereunder.
(e) Unless otherwise ordered by the court for good cause shown, the provisions of this
section shall not apply if it has been determined, pursuant to K.S.A. 21-4623 and amend-
ments thereto, that the defendant is not mentally retarded.
(f) As used in this section, ``mentally retarded'' means having significantly subaverage
general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto,
to an extent which substantially impairs one's capacity to appreciate the criminality of one's
conduct or to conform one's conduct to the requirements of law.
Sec. 11. K.S.A. 21-4635 is hereby amended to read as follows: 21-4635. (a) Except as
provided in K.S.A. 21-4634, if a defendant is convicted of the crime of capital murder and
a sentence of death or imprisonment for life pursuant to section 1 is not imposed, or if a
defendant is convicted of murder in the first degree based upon the finding of premeditated
murder, the court shall determine whether the defendant shall be required to serve a man-
datory term of imprisonment of 40 years or sentenced as otherwise provided by law.
(b) In order to make such determination, the court may be presented evidence con-
cerning any matter that the court deems relevant to the question of sentence and shall
include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-
4636 and any mitigating circumstances. Any such evidence which the court deems to have
probative value may be received regardless of its admissibility under the rules of evidence,
provided that the defendant is accorded a fair opportunity to rebut any hearsay statements.
Only such evidence of aggravating circumstances as the state has made known to the de-
fendant prior to the sentencing shall be admissible and no evidence secured in violation of
the constitution of the United States or of the state of Kansas shall be admissible. No
testimony by the defendant at the time of sentencing shall be admissible against the de-
fendant at any subsequent criminal proceeding. At the conclusion of the evidentiary pres-
entation, the court shall allow the parties a reasonable period of time in which to present
oral argument.
(c) If the court finds that one or more of the aggravating circumstances enumerated in
K.S.A. 21-4636 and amendments thereto exist and, further, that the existence of such ag-
gravating circumstances is not outweighed by any mitigating circumstances which are found
to exist, the defendant shall be sentenced pursuant to K.S.A. 21-4638 and amendments
thereto; otherwise, the defendant shall be sentenced as provided by law. The court shall
designate, in writing, the statutory aggravating circumstances which it found. The court may
make the findings required by this subsection for the purpose of determining whether to
sentence a defendant pursuant to K.S.A. 21-4638 notwithstanding contrary findings made
by the jury or court pursuant to subsection (e) of K.S.A. 21-4624 and amendments thereto
for the purpose of determining whether to sentence such defendant to death or imprison- ment for life.
Sec. 12. K.S.A. 1997 Supp. 21-4706 is hereby amended to read as follows: 21-4706. (a)
For crimes committed on or after July 1, 1993, the sentences of imprisonment shall rep-
resent the time a person shall actually serve, subject to a reduction of up to 15% of the
primary sentence for good time as authorized by law.
(b) The sentencing court shall pronounce sentence in all felony cases.
(c) Violations of K.S.A. 21-3401, subsection (a) of K.S.A. 21-3402, 21-3439 and 21-3801
and amendments thereto are off-grid crimes for the purpose of sentencing. Except as oth-
erwise provided by section 1, K.S.A. 21-4622 through 21-4627, and 21-4629 through 21-
4631, and amendments thereto, the sentence shall be imprisonment for life, subject to K.S.A. 22-3717, and amendments thereto.
Sec. 13. K.S.A. 1997 Supp. 22-3717 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 section 1 or K.S.A. 21-4635 through 21-4638, and amend- ments thereto, an inmate sentenced to imprisonment for the crime of capital murder com- mitted on or after July 1, 1998, shall be eligible for parole after serving 25 years of confine- ment, without deduction of any good time credits.
(2) 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 sen-
tenced 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) (3) 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) (4) 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) (5) An inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A.
21-3402 and amendments thereto committed on or after July 1, 1996, 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:
(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;
(B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments
thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J) any conviction for a felony offense in effect at any time prior to the effective date
of this act, that is comparable to a sexually violent crime as defined in subparagraphs (A)
through (I), or any federal or other state conviction for a felony offense that under the laws
of this state would be a sexually violent crime as defined in this section;
(K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302, 21-3303, and amendments thereto, of a sexually violent crime as defined in this sec-
tion; or
(L) any act which at the time of sentencing for been determined beyond a reasonable
Aefined in thidoubt 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. 21-
4724 and amendments thereto, the new sentence shall not be aggregated with the old
sentence, but shall begin when the person is paroled or reaches the conditional release date
on the old sentence. If the offender was past the offender's conditional release date at the
time the new offense was 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. 21-
4628 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.
75-5210a and amendments thereto, or any revision of such agreement, and the board be-
lieves 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.
(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
denied for an inmate sentenced for a crime other than a class A or class B felony or an
off-grid felony, the board shall hold another parole hearing for the inmate not later than
one year after the denial unless the parole board finds that it is not reasonable to expect
that parole would be granted at a hearing if held in the next three years or during the interim
period of a deferral. In such case, the parole board may defer subsequent parole hearings
for up to three years but any such deferral by the board shall require the board to state the
basis for its findings. If parole is denied for an inmate sentenced for a class A or class B
felony or an off-grid felony, the board shall hold another parole hearing for the inmate not
later than three years after the denial unless the parole board finds that it is not reasonable
to expect that parole would be granted at a hearing if held in the next 10 years or during
the interim period of a deferral. In such case, the parole board may defer subsequent parole
hearings for up to 10 years but any such deferral shall require the board to state the basis
for its findings.
(k) Parolees and persons on postrelease supervision shall be assigned, upon release, to
the appropriate level of supervision pursuant to the 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;
(3) may order that the parolee or person on postrelease supervision 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 com-
munity;
(4) may order the parolee or person on postrelease supervision to pay the administrative
fee imposed pursuant to K.S.A. 1997 Supp. 22-4529 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 re-
sources 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 amend-
ments thereto, whichever is less, minus any previous payments for such services.
(n) If the court which sentenced an inmate specified at the time of sentencing the
amount and the recipient of any restitution ordered as a condition of parole or postrelease
supervision, the Kansas parole board shall order as a condition of parole or postrelease
supervision that the inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would 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. 14. K.S.A. 1997 Supp. 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 represent 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
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 regula-
tion 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 sen-
tence of death or imprisonment for life, 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 con-
victed of capital murder and under a sentence of death or imprisonment for life in the appeal
of such cases and for reasonable and necessary litigation expense associated with such ap-
peals.
(2) If a defendant has been convicted of capital murder and is under a sentence of death or imprisonment for life, 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 understanding 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. 15. K.S.A. 1997 Supp. 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 accord-
ance 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 regula-
tion 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 sen-
tence of death or imprisonment for life, 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
(C) the reasonable compensation of counsel appointed to represent individuals con-
victed of capital murder and under a sentence of death or imprisonment for life, during
proceedings conducted pursuant to subsection (a), (b) or (c) and for reasonable and nec-
essary 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 or imprisonment for life, 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 represen-
tation 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.
New Sec. 16. If any provisions of this act or the application thereof to any person or
circumstances is held invalid, the invalidity shall not affect other provisions or applications
of the act which can be given effect without the invalid provisions or application, and to this
end the provisions of this act are severable.'';
And by renumbering sections accordingly;
Also on page 2, in line 21, by striking ``is'' and inserting: ``, 21-4622, 21-4623, 21-4624,
21-4627, 21-4629, 21-4631, 21-4634 and 21-4635 and K.S.A. 1997 Supp. 21-4603d, 21-4706,
22-3717, 22-4505 and 22-4506 are'';
On page 1, in the title, in line 15, before the last semicolon, by inserting ``and the pun-
ishment therefor; sentencing to imprisonment for life; ordering restitution''; in line 16, after
``21-3439'' by inserting: ``, 21-4622, 21-4623, 21-4624, 21-4627, 21-4629, 21-4631, 21-4634
and 21-4635 and K.S.A. 1997 Supp. 21-4603d, 21-4706, 22-3717, 22-4505 and 22-4506'';
also in line 16, by striking ``section'' and inserting ``sections'';
On roll call, the vote was: Yeas 41; Nays 77; Present but not voting: 0; Absent or not
voting:
Absent or not voting: Aurand, Cox, Helgerson, Lloyd, Neufeld, Packer, Wells.
The motion of Rep. Sawyer did not prevail.
Also, on motion of Rep. Farmer HB 2463 be amended on page 1, after line 18, by
inserting the following:
``New Section 1. (a) If, under K.S.A. 21-4624 and amendments thereto, the county or
district attorney has filed a notice of intent to request a separate sentencing proceeding to
determine whether the defendant should be sentenced to death, at a hearing, the court shall
determine whether imprisonment for life, pursuant to K.S.A. 21-4638 and amendments
thereto, is sufficient to defend and protect the people's safety from the defendant. If the
court so determines, the defendant, if convicted of the crime of capital murder, shall be
sentenced pursuant to K.S.A. 21-4638 and amendments thereto, and no sentence of death
shall be imposed.
(b) This section shall be part of and supplemental to the Kansas criminal code.'';
And by renumbering sections accordingly;
Also, on further motion of Rep. Farmer HB 2463 be amended on page 2, after line 20,
by inserting the following:
``Sec. 2. K.S.A. 21-4626 is hereby amended to read as follows: 21-4626. Mitigating cir-
cumstances shall include, but are not limited to, the following:
(1) The defendant has no significant history of prior criminal activity.
(2) The crime was committed while the defendant was under the influence of extreme
mental or emotional disturbances.
(3) The victim was a participant in or consented to the defendant's conduct.
(4) The defendant was an accomplice in the crime committed by another person, and
the defendant's participation was relatively minor.
(5) The defendant acted under extreme distress or under the substantial domination of
another person.
(6) The capacity of the defendant to appreciate the criminality of the defendant's con-
duct or to conform the defendant's conduct to the requirements of law was substantially
impaired.
(7) The age of the defendant at the time of the crime.
(8) At the time of the crime, the defendant was suffering from post-traumatic stress
syndrome caused by violence or abuse by the victim.
(9) A term of imprisonment is sufficient to defend and protect the people's safety from the defendant.'';
And by renumbering sections accordingly;
Also on page 2, in line 21, by striking ``is'' and inserting ``and 21-4626 are'';
On page 1, in the title, in line 15, after the last semicolon, by inserting ``mitigating cir-
cumstances;''; in line 16, after ``21-3439'' by inserting ``and 21-4626''; also in line 16, by
striking ``section'' and inserting ``sections''; and HB 2463 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends HB 2210 be amended by substituting
a new bill to be designated as ``Substitute for HOUSE BILL No. 2210,'' as follows:
``Substitute for HOUSE BILL No. 2210
By Committee on Appropriations
``AN ACT concerning state officers and employees; relating to the state civil service; amend-
ing K.S.A. 75-2935 and repealing the existing section.''; and the substitute bill be passed.
(Sub. HB 2210 was thereupon introduced and read by title.)
The Committee on Appropriations recommends HB 2704 be amended by substituting
a new bill to be designated as ``Substitute for HOUSE BILL No. 2704,'' as follows:
``Substitute for HOUSE BILL No. 2704
By Committee on Appropriations
``AN ACT concerning information technology; relating to development, management, co-
ordination and planning for the utilization of the state's information technology re-
sources; establishing the information technology executive council, the office of chief
information technology architect and certain offices of chief information officer, and
prescribing the powers and duties thereof; abolishing the office of the chief information
architect and the Kansas information resources council; transferring certain state offi-
cers; renaming the joint committee on computers and telecommunications as the joint
committee on information technology and relating to the organization thereof; amending
K.S.A. 46-2101, 46-2102, 75-4703, 75-4707, 75-4709, 75-5147 and 76-3,100 and re-
pealing the existing sections; also repealing K.S.A. 75-4706, 75-4740, 75-4741, 75-4742,
75-4743 and 75-4744.''; and the substitute bill be passed.
(Sub. HB 2704 was thereupon introduced and read by title.)
The Committee on Appropriations recommends SB 399, as amended by Senate Com-
mittee, be amended on page 4, in line 8, after ``superintendent'' by inserting a comma; in
line 9, by striking ``the'';
On page 1, in the title, in line 11, by striking ``and'' and inserting a comma; in line 12,
before the first semicolon, by inserting ``, Larned state hospital or Osawatomie state hos-
pital''; and the bill be passed as amended.
The Committee on Federal and State Affairs recommends HB 2487 be amended on
page 17, in line 25, by striking all after ``badge''; in line 26, by striking all before the period;
also in line 26, following the period by inserting ``Such badge shall be silver in color and
shall clearly state on such badge's face ``licensed private detective.'' The attorney general
shall develop a prototype badge which shall be used in substantially that form.''; and the bill
be passed as amended.
MESSAGE FROM THE GOVERNOR
March 4, 1998
Message to the House of Representatives of the State of Kansas:
Enclosed herewith is Executive Directive No. 98-267 for your information.
EXECUTIVE DIRECTIVE NO. 98-267
Authorizing a Personnel Transaction
Bill Graves
Governor
The above Executive Directive is on file and open for inspection in the office of the Chief
Clerk.
On motion of Rep. Jennison, the House adjourned until 10:00 a.m., Wednesday, March
11, 1998.