Ch. 179             1997 Session Laws of Kansas             1289

An Act concerning crimes, punishment, criminal procedure and corrections; amending
K.S.A. 21-3826, 21-3826, as amended by section 2 of this act, 22a-215, 65-904, 74-9102
and 75-5291 and K.S.A. 1996 Supp. 74-9101 and repealing the existing sections; also
repealing K.S.A. 21-3826, as amended by section 26 of Chapter 229 of the 1996 Session
Laws of Kansas.

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

New Section 1. (a) The joint committee on corrections and juvenile
justice oversight shall develop and adopt a 10 year corrections master
plan to guide the development and expansion of correctional programs
and facilities.

(b) In order to assist the committee in the development of such mas-
ter plan, the secretary of corrections, on or before September 1, 1997,
shall draft a scope statement concerning the master plan to be presented
to the committee. The secretary may retain such experts and consultants
as are necessary to develop the scope statement.

(c) In developing the master plan, the committee may request assis-
tance and expertise from the secretary of corrections as well as other state
agencies.

(d) The master plan shall address or develop, or both:

(1) Enhanced or expanded community corrections programs. The
plan shall address how such programs may slow the growth of the need
for new prison beds or reduce the need for new prison beds. Review of

1290             1997 Session Laws of Kansas             Ch. 179

community correction programs may include, but not be limited to, in-
tensive supervision, short-term jail sentences, halfway houses and com-
munity-based work;

(2) any future expansion of state correctional facilities;

(3) other alternatives to incarceration consistent with public safety;

(4) allowing the court to revoke a defendant's probation, assignment
to community corrections or conditional release, order the offender com-
mitted to the custody of the secretary of corrections and retain jurisdiction
for 120 days to modify the sentence or order for revocation;

(5) a guide for community-based facilities;

(6) consolidation or centralization of field services;

(7) private expansion with specific recommendations on criteria to
guide the determination 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;

(8) specific programs to deal with specific populations within the ex-
isting state facilities that could be served in the community to ease ca-
pacity demands on the existing state institutions and the cost basis and
effectiveness of such programs;

(9) contracts with profit or nonprofit corporations which would serve
to reduce the demands on the state facilities;

(10) projected costs of any such plans developed or recommended;
and

(11) identify any revenue source sufficient to appropriately fund any
plans developed or recommended.

Sec. 2. K.S.A. 21-3826 is hereby amended to read as follows: 21-
3826. (a) Traffic in contraband in a correctional institution is introducing
or attempting to introduce into or upon the grounds of any correctional
institution or taking, sending, attempting to take or attempting to send
from any correctional institution or any unauthorized possession while in
any correctional institution or distributing within any correctional insti-
tution, any item without the consent of the administrator of the correc-
tional institution.

(b) For purposes of this section, ``correctional institution'' means any
state correctional institution or facility, conservation camp, state security
hospital, state youth center, community correction center or facility for
detention or confinement, juvenile detention facility or jail.

(c) (1) Traffic in contraband in a correctional institution is a severity
level 6, nonperson felony. of firearms, ammunition, explosives or a con-
trolled substance which is defined in subsection (e) of K.S.A. 65-4101, and
amendments thereto, is a severity level 5, nonperson felony.

(2) Traffic in any contraband, as defined by rules and regulations
adopted by the secretary, in a correctional institution by an employee of
a correctional institution is a severity level 5, nonperson felony.

Ch. 179             1997 Session Laws of Kansas             1291

(d) Except as provided in subsection (c), traffic in contraband in a
correctional institution is a severity level 6, nonperson felony.

Sec. 3. On and after July 1, 1997, K.S.A. 21-3826, as amended by
section 2 of this act, is hereby amended to read as follows: 21-3826. (a)
Traffic in contraband in a correctional institution is introducing or at-
tempting to introduce into or upon the grounds of any correctional insti-
tution or taking, sending, attempting to take or attempting to send from
any correctional institution or any unauthorized possession while in any
correctional institution or distributing within any correctional institution,
any item without the consent of the administrator of the correctional
institution.

(b) For purposes of this section, ``correctional institution'' means any
state correctional institution or facility, conservation camp, state security
hospital, state youth center juvenile correctional facility, community cor-
rection center or facility for detention or confinement, juvenile detention
facility or jail.

(c) (1) Traffic in contraband in a correctional institution of firearms,
ammunition, explosives or a controlled substance which is defined in sub-
section (e) of K.S.A. 65-4101, and amendments thereto, is a severity level
5, nonperson felony.

(2) Traffic in any contraband, as defined by rules and regulations
adopted by the secretary, in a correctional institution by an employee of
a correctional institution is a severity level 5, nonperson felony.

(d) Except as provided in subsection (c), traffic in contraband in a
correctional institution is a severity level 6, nonperson felony.

Sec. 4. On and after July 1, 1997, K.S.A. 1996 Supp. 74-9101 is
hereby amended to read as follows: 74-9101. (a) There is hereby estab-
lished the Kansas sentencing commission.

(b) The commission shall:

(1) Develop a sentencing guideline model or grid based on fairness
and equity and shall provide a mechanism for linking justice and correc-
tions policies. The sentencing guideline model or grid shall establish ra-
tional and consistent sentencing standards which reduce sentence dis-
parity, to include, but not be limited to, racial and regional biases which
may exist under current sentencing practices. The guidelines shall specify
the circumstances under which imprisonment of an offender is appro-
priate and a presumed sentence for offenders for whom imprisonment is
appropriate, based on each appropriate combination of reasonable of-
fense and offender characteristics. In developing its recommended sen-
tencing guidelines, the commission shall take into substantial considera-
tion current sentencing and release practices and correctional resources,
including but not limited to the capacities of local and state correctional
facilities. In its report, the commission shall make recommendations re-
garding whether there is a continued need for and what is the projected

1292             1997 Session Laws of Kansas             Ch. 179

role of, if any, the Kansas parole board and whether the policy of allo-
cating good time credits for the purpose of determining an inmate's eli-
gibility for parole or conditional release should be continued;

(2) consult with and advise the legislature with reference to the im-
plementation, management, monitoring, maintenance and operations of
the sentencing guidelines system;

(3) direct implementation of the sentencing guidelines system;

(4) assist in the process of training judges, county and district attor-
neys, court services officers, state parole officers, correctional officers,
law enforcement officials and other criminal justice groups. For these
purposes, the sentencing commission shall develop an implementation
policy and shall construct an implementation manual for use in its training
activities;

(5) receive presentence reports and journal entries for all persons
who are sentenced for crimes committed on or after July 1, 1993, to
develop post-implementation monitoring procedures and reporting
methods to evaluate guideline sentences. In developing the evaluative
criteria, the commission shall take into consideration rational and consis-
tent sentencing standards which reduce sentence disparity to include, but
not be limited to, racial and regional biases;

(6) advise and consult with the secretary of corrections and members
of the legislature in developing a mechanism to link guidelines sentence
practices with correctional resources and policies, including but not lim-
ited to the capacities of local and state correctional facilities. Such linkage
shall include a review and determination of the impact of the sentencing
guidelines on the state's prison population, review of corrections pro-
grams and a study of ways to more effectively utilize correction dollars
and to reduce prison population;

(7) make recommendations relating to modification to the sentencing
guidelines as provided in K.S.A. 21-4725 and amendments thereto;

(8) prepare and submit fiscal impact and correctional resource state-
ment as provided in K.S.A. 1996 Supp. 74-9106 and amendments thereto;

(9) make recommendations to those responsible for developing a
working philosophy of sentencing guideline consistency and rationality;

(10) develop prosecuting standards and guidelines to govern the con-
duct of prosecutors when charging persons with crimes and when engag-
ing in plea bargaining;

(11) analyze problems in criminal justice, identify alternative solu-
tions and make recommendations for improvements in criminal law, pros-
ecution, community and correctional placement, programs, release pro-
cedures and related matters including study and recommendations
concerning the statutory definition of crimes and criminal penalties and
review of proposed criminal law changes;

(12) perform such other criminal justice studies or tasks as may be

Ch. 179             1997 Session Laws of Kansas             1293

assigned by the governor or specifically requested by the legislature, de-
partment of corrections, the chief justice or the attorney general;

(13) develop a program plan which includes involvement of business
and industry in the public or other social or fraternal organizations for
admitting back into the mainstream those offenders who demonstrate
both the desire and ability to reconstruct their lives during their incar-
ceration or during conditional release; and

(14) appoint a task force to make recommendations concerning the
consolidation of probation, parole and community corrections services.;

(15) produce official inmate population projections annually on or
before six weeks following the date of receipt of the data from the de-
partment of corrections. When the commission's projections indicate that
the inmate population will exceed available prison capacity within two
years of the date of the projection, the commission shall identify and an-
alyze the impact of specific options for (A) reducing the number of prison
admissions; or (B) adjusting sentence lengths for specific groups of of-
fenders. Options for reducing the number of prison admissions shall in-
clude, but not be limited to, possible modification of both sentencing grids
to include presumptive intermediate dispositions for certain categories of
offenders. Intermediate sanction dispositions shall include, but not be lim-
ited to: intensive supervision; short-term jail sentences; halfway houses;
community-based work release; electronic monitoring and house arrest;
substance abuse treatment; and pre-revocation incarceration. Intermedi-
ate sanction options shall include, but not be limited to, mechanisms to
explicitly target offenders that would otherwise be placed in prison. Anal-
ysis of each option shall include an assessment of such options impact on
the overall size of the prison population, the effect on public safety and
costs. In preparing the assessment, the commission shall review the ex-
perience of other states and shall review available research regarding the
effectiveness of such option. The commission's findings relative to each
sentencing policy option shall be presented to the governor and the joint
committee on corrections and juvenile justice oversight no later than
November 1; and

(16) at the request of the governor or the joint committee on corrections
and juvenile justice oversight, initiate and complete an analysis of other
sentencing policy adjustments not otherwise evaluated by the commission.

Sec. 5. On and after July 1, 1997, K.S.A. 74-9102 is hereby amended
to read as follows: 74-9102. (a) The Kansas sentencing commission shall
consist of 13 19 members, as follows:

(1) The chief justice of the supreme court or the chief justice's des-
ignee;

(2) two district court judges appointed by the chief justice of the
supreme court;

(3) the attorney general or the attorney general's designee;

1294             1997 Session Laws of Kansas             Ch. 179

(4) one public defender appointed by the governor;

(5) one private defense counsel appointed by the governor;

(6) one county attorney or district attorney appointed by the gover-
nor;

(7) the secretary of corrections or the secretary's designee;

(8) the chairperson of the Kansas parole board or such chairperson's
designee;

(9) two members of the general public, at least one of whom shall be
a member of a racial minority group, appointed by the governor;

(10) a director of a community corrections program appointed by the
governor; and

(11) a court services officer appointed by the chief justice of the su-
preme court. Not more than three members of the commission appointed
by the governor shall be of the same political party.

(b) In addition to the members appointed pursuant to subsection (a),
four members of the legislature, of which one shall be appointed by the
president of the senate, one shall be appointed by the minority leader of
the senate, one shall be appointed by the speaker of the house of rep-
resentatives, and one shall be appointed by the minority leader of the
house of representatives, shall serve as ex officio voting members of the
commission. Such ex officio members of the commission shall be non-
voting members.

(c) The governor shall appoint a chairperson. The governor shall ap-
point a chairperson from the two district court judges appointed by the
chief justice of the supreme court or the chief justice of the supreme court.
The members of the commission appointed pursuant to subsection (a)
shall elect any additional officers from among its members necessary to
discharge its duties.

(d) The commission shall meet upon call of its chairperson as nec-
essary to carry out its duties under this act.

(e) Each appointed member of the commission shall be appointed
for a term of two years and shall continue to serve during that time as
long as the member occupies the position which made the member eli-
gible for the appointment. Each member shall continue in office until a
successor is appointed and qualifies. Members shall be eligible for reap-
pointment, and appointment may be made to fill an unexpired term.

(f) Each member of the commission, including ex officio members
appointed pursuant to subsection (b), shall receive compensation, subsis-
tence allowances, mileage and other expenses as provided for in K.S.A.
75-3223, and amendments thereto, except that the public members of
the commission shall receive compensation in the amount provided for
legislators pursuant to K.S.A. 75-3212, and amendments thereto, for each
day or part thereof actually spent on commission activities.

Sec. 6. K.S.A. 75-5291 is hereby amended to read as follows: 75-

Ch. 179             1997 Session Laws of Kansas             1295

5291. (a) The secretary of corrections may make grants to counties for
the development, implementation, operation and improvement of com-
munity correctional services including, but not limited to, restitution pro-
grams, victim services programs, preventive or diversionary correctional
programs, community corrections centers and facilities for the detention
or confinement, care or treatment of adults charged with or convicted of
crime or of juveniles being detained or adjudged to be delinquent, mis-
creant or a juvenile offender except that no community corrections funds
shall be expended by the secretary for the purpose of establishing or
operating a conservation camp as provided by K.S.A. 75-52,127.

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

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

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

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

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

(B) offender assignment decisions;

(C) effectiveness and enhancement of existing interventions; and

(D) identification of new interventions.

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

(A) A target population;

(B) measurable goals and objectives;

(C) projected costs;

(D) the impact on public safety; and

(E) the evaluation process.

(6) The committee shall submit its report to the secretary annually on
or before July 15 in order for the enhanced or new interventions to be

1296             1997 Session Laws of Kansas             Ch. 179

considered for inclusion within the department of corrections budget re-
quest for community correctional services or in the department's en-
hanced services budget request for the subsequent fiscal year.

Sec. 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 deliv-
ered to the immediate family or the next of kin of the deceased in accor-
dance with the provisions of K.S.A. 65-904, and amendments 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 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 Stat-
utes Annotated, burial expenses shall be paid in accordance with the pro-
visions of K.S.A. 39-713d, and amendments thereto. Otherwise such bur-
ial expenses shall be paid from the county general fund unless the
deceased died in the custody of the secretary of corrections. Burial ex-
penses 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 man-
ner: Provided, 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

Ch. 179             1997 Session Laws of Kansas             1297

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 corrections may be cremated at the expense of the department
of corrections.

Sec. 9. K.S.A. 21-3826, 22a-215, 65-904 and 75-5291 are hereby re-
pealed.

Sec. 10. On and after July 1, 1997, K.S.A. 21-3826, as amended by
section 2 of this act, 21-3826, as amended by section 26 of chapter 229
of the 1996 Session Laws of Kansas, 74-9102 and K.S.A. 1996 Supp.
74-9101 are hereby repealed.

Sec. 11. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 15, 1997.

Published in the Kansas Register: May 22, 1997.