1997 Session Laws of Kansas: Chapter 181

1338 1997 Session Laws of Kansas Ch. 181

Chapter 181

HOUSE Substitute for SENATE BILL No. 264
(Amends Chapters 23, 34 and 126)

An Act concerning crimes, criminal procedure and punishments; creating the crime of
aggravated criminal threat and prescribing penalties therefor; relating to giving a false
alarm; capital murder, assistance of counsel; sentencing of certain drug offenses; dis-
covery and inspection; registration of persons who commit certain crimes; correctional
records, open; defense services for indigent defendants, recoupment of certain state
expenditures; amending K.S.A. 21-4110, 21-4603, 21-4610, 22-3212, 22-3718, as
amended by section 6 of 1997 House Bill No. 2211, 22-4504, 22-4505, 22-4506, 22-
4513, 22-4522, 22-4901, 22-4902, 22-4905, 22-4906, 22-4908 and 22-4909 and K.S.A.
1996 Supp. 21-4603d, as amended by section 1 of 1997 House Bill No. 2049, 21-4705,
22-3717, as amended by section 5 of 1997 House Bill No. 2211, 22-4904, 22-4907, 45-
221, as amended by section 44 of 1997 House Bill No. 2105, and 75-719 and repealing
the existing sections; also repealing K.S.A. 1996 Supp. 45-221d.

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

New Section 1. (a) Aggravated criminal threat is the commission of
one or more crimes of criminal threat, as defined in K.S.A. 21-3419 and
amendments thereto, when a public, commercial or industrial building,
place of assembly or facility of transportation is evacuated as a result of
the threat or threats.

(b) Aggravated criminal threat is a severity level 6, person felony
when the loss of productivity measured by the total wages and salaries of
all persons evacuated as a result of the threat or threats for the period of
evacuation is less than $500.

(c) Aggravated criminal threat is a severity level 5, person felony when
the loss of productivity measured by the total wages and salaries of all
persons evacuated as a result of the threat or threats for the period of
evacuation is at least $500 but less than $25,000.

(d) Aggravated criminal threat is a severity level 4, person felony
when the loss of productivity measured by the total wages and salaries of
all persons evacuated as a result of the threat or threats for the period of
evacuation equals or exceeds $25,000.

Sec. 2. K.S.A. 21-4110 is hereby amended to read as follows: 21-
4110. (a) Giving a false alarm is:

(1) Initiating or circulating a report or warning of an impending
bombing or other crime or catastrophe, knowing that the report or warn-
ing is baseless and under such circumstances that it is likely to cause

Ch. 181 1997 Session Laws of Kansas 1339

evacuation of a building, place of assembly or facility of public transport
or to cause public inconvenience or alarm;

~~(2)~~ (1) transmitting in any manner to the fire department of any city,
township or other municipality a false alarm of fire, knowing at the time
of such transmission that there is no reasonable ground for believing that
such fire exists; or

~~(3)~~ (2) making a call in any manner for emergency service assistance
including police, fire, medical or other emergency service provided under
K.S.A. 12-5301 et seq., and amendments thereto, knowing at the time of
such call that there is no reasonable ground for believing such assistance
is needed.

(b) Giving a false alarm is a class A nonperson misdemeanor.

Sec. 3. On and after July 1, 1997, K.S.A. 1996 Supp. 21-4705 is
hereby amended to read as follows: 21-4705. (a) For the purpose of sen-
tencing, the following sentencing guidelines grid for drug crimes shall be
applied in felony cases under the uniform controlled substances act for
crimes committed on or after July 1, 1993:

1340 1997 Session Laws of Kansas Ch. 181

Ch. 181 1997 Session Laws of Kansas 1341

(b) The provisions of subsection (a) will apply for the purpose of
sentencing violations of the uniform controlled substances act except as
otherwise provided by law. Sentences expressed in the sentencing guide-
lines grid for drug crimes in subsection (a) represent months of impris-
onment.

(c) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. The sentencing judge shall select the center
of the range in the usual case and reserve the upper and lower limits for
aggravating and mitigating factors insufficient to warrant a departure. The
sentencing court shall not distinguish between the controlled substances
cocaine base (9041L000) and cocaine hydrochloride (9041L005) when
sentencing within the sentencing range of the grid block.

(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the prison sen-
tence, the maximum potential reduction to such sentence as a result of
good time and the period of postrelease supervision at the sentencing
hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.

(3) In presumptive nonprison cases, the sentencing court shall pro-
nounce the prison sentence as well as the duration of the nonprison sanc-
tion at the sentencing hearing.

(d) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such of-
fender in that grid block. If an offense is classified in a grid block below
the dispositional line, the presumptive disposition shall be nonimprison-
ment. If an offense is classified in a grid block above the dispositional
line, the presumptive disposition shall be imprisonment. If an offense is
classified in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F, the court
may impose an optional nonprison sentence upon making the following
findings on the record:

(1) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and

(2) the recommended treatment program is available and the of-
fender can be admitted to such program within a reasonable period of
time; or

(3) the nonprison sanction will serve community safety interests by
promoting offender reformation.

Any decision made by the court regarding the imposition of an optional
nonprison sentence if the offense is classified in grid blocks 3-E, 3-F, 3-
G, 3-H, 3-I, 4-E or 4-F shall not be considered a departure and shall not
be subject to appeal.

Sec. 4. On and after July 1, 1997, K.S.A. 22-3212 is hereby amended
to read as follows: 22-3212. (a) Upon request, the prosecuting attorney

1342 1997 Session Laws of Kansas Ch. 181

shall permit the defendant to inspect and copy or photograph the follow-
ing, if relevant: (1) Written or recorded statements or confessions made
by the defendant, or copies thereof, which are or have been in the pos-
session, custody or control of the prosecution, the existence of which is
known, or by the exercise of due diligence may become known, to the
prosecuting attorney; (2) results or reports of physical or mental exami-
nations, and of scientific tests or experiments made in connection with
the particular case, or copies thereof, the existence of which is known, or
by the exercise of due diligence may become known, to the prosecuting
attorney; (3) recorded testimony of the defendant before a grand jury or
at an inquisition; and (4) memoranda of any oral confession made by the
defendant and a list of the witnesses to such confession, the existence of
which is known, or by the exercise of due diligence may become known
to the prosecuting attorney.

(b) Upon request, the prosecuting attorney shall permit the defen-
dant to inspect and copy or photograph books, papers, documents, tan-
gible objects, buildings or places, or copies, or portions thereof, which
are or have been within the possession, custody or control of the prose-
cution, and which are material to the case and will not place an unrea-
sonable burden upon the prosecution. Except as provided in subsections
(a)(2) and (a)(4), this section does not authorize the discovery or inspec-
tion of reports, memoranda or other internal government documents
made by officers in connection with the investigation or prosecution of
the case, or of statements made by state witnesses or prospective state
witnesses, other than the defendant, except as may be provided by law.

(c) If the defendant seeks discovery and inspection under subsection
(a)(2) or subsection (b), the defendant shall permit the attorney for the
prosecution to inspect and copy or photograph scientific or medical re-
ports, books, papers, documents, tangible objects, or copies or portions
thereof, which the defendant intends to produce at ~~the trial~~ any hearing,
and which are material to the case and will not place an unreasonable
burden on the defense. Except as to scientific or medical reports, this
subsection does not authorize the discovery or inspection of reports,
memoranda or other internal defense documents made by the defendant,
or the defendant's attorneys or agents in connection with the investigation
or defense of the case, or of statements made by the defendant, or by
prosecution or defense witnesses, or by prospective prosecution or de-
fense witnesses, to the defendant, the defendant's agents or attorneys.

(d) The prosecuting attorney and the defendant shall cooperate in
discovery and reach agreement on the time, place and manner of making
the discovery and inspection permitted, so as to avoid the necessity for
court intervention.

(e) Upon a sufficient showing the court may at any time order that
the discovery or inspection be denied, restricted or deferred or make such
other order as is appropriate. Upon motion, the court may permit either

Ch. 181 1997 Session Laws of Kansas 1343

party to make such showing, in whole or in part, in the form of a written
statement to be inspected privately by the court. If the court enters an
order granting relief following such a private showing, the entire text of
the statement shall be sealed and preserved in the records of the court
to be made available to the appellate court in the event of an appeal.

(f) Discovery under this section must be completed no later than 20
days after arraignment or at such reasonable later time as the court may
permit.

(g) If, subsequent to compliance with an order issued pursuant to this
section, and prior to or during trial, a party discovers additional material
previously requested or ordered which is subject to discovery or inspec-
tion under this section, the party shall promptly notify the other party or
the party's attorney or the court of the existence of the additional material.
If at any time during the course of the proceedings it is brought to the
attention of the court that a party has failed to comply with this section
or with an order issued pursuant to this section, the court may order such
party to permit the discovery or inspection of materials not previously
disclosed, grant a continuance, or prohibit the party from introducing in
evidence the material not disclosed, or it may enter such other order as
it deems just under the circumstances.

(h) For crimes committed on or after July 1, 1993, the prosecuting
attorney shall provide all prior convictions of the defendant known to the
prosecuting attorney that would affect the determination of the defen-
dant's criminal history for purposes of sentencing under a presumptive
sentencing guidelines system as provided in K.S.A. 21-4701 et seq. and
amendments thereto.

(i) The prosecuting attorney and defendant shall be permitted to in-
spect and copy any juvenile files and records of the defendant for the
purpose of discovering and verifying the criminal history of the defendant.

Sec. 5. On and after July 1, 1997, K.S.A. 22-4505 is hereby amended
to read as follows: 22-4505. (a) When a defendant has been convicted in
the district court of any felony, the court shall inform the defendant of
such defendant's right to appeal the conviction to the appellate court
having jurisdiction and that if the defendant is financially unable to pay
the costs of such appeal such defendant may request the court to appoint
an attorney to 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 in-
tends 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

1344 1997 Session Laws of Kansas Ch. 181

represent the defendant and to perfect and handle the appeal. If the
defendant files a verified motion for transcript stating that a transcript 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 con-
tained therein are true, the court shall order that such transcript be sup-
plied 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 regulation for: (A) The assignment of attorneys to the panel for
indigents' defense services to represent indigent persons who have been
convicted of capital murder and are under sentence of death, in the direct
review of the judgment;

(B) standards of competency and qualification for the appointment of
counsel in capital cases under this section; and

(C) the reasonable compensation of counsel appointed to represent
individuals convicted of capital murder and under a sentence of death in
the appeal of such cases and for reasonable and necessary litigation ex-
pense associated with such appeals.

(2) If a defendant has been convicted of capital murder and is under
a sentence of death, the district court shall make a determination on the
record whether the defendant is indigent. Upon a finding that the defen-
dant is indigent and accepts the offer of representation or is unable com-
petently 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 representa-
tion, the court shall find on the record, after a hearing if necessary,
whether the defendant rejected the offer of representation with the un-
derstanding of its legal consequences. The court shall deny the appoint-
ment 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 continued representation.

Sec. 6. On and after July 1, 1997, K.S.A. 22-4506 is hereby amended
to read as follows: 22-4506. (a) Whenever any person who is in custody
under a sentence of imprisonment upon conviction of a felony files a
petition for writ of habeas corpus or a motion attacking sentence under
K.S.A. 60-1507 and files with such petition or motion such person's af-

Ch. 181 1997 Session Laws of Kansas 1345

fidavit 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 coun-
sel from the panel for indigents' defense services or otherwise in accor-
dance with the applicable system for providing legal defense services for
indigent persons prescribed by the state board of indigents' defense serv-
ices, to assist such person and authorize 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 deter-
mines to be necessary and order that the deposit of security for costs be
waived.

(d) (1) The state board of indigents' defense services shall provide by
rule and regulation for: (A) The assignment of attorneys to the panel for
indigents' defense services to represent indigent persons, who have been
convicted of capital murder and are under sentence of death, upon a filing
of a petition for writ of habeas corpus or a motion attacking sentence
under K.S.A. 60-1507 and amendments thereto;

(B) standards of competency and qualification for the appointment of
counsel in capital cases under this section; and

(C) the reasonable compensation of counsel appointed to represent
individuals convicted of capital murder and under a sentence of death,
during proceedings conducted pursuant to subsection (a), (b) or (c) and
for reasonable and necessary litigation expense associated with such pro-
ceedings.

(2) If a petitioner or movant, who has been convicted of capital mur-
der and is under a sentence of death, files a petition for writ of habeas
corpus or a motion attacking sentence under K.S.A. 60-1507 and amend-
ments thereto, the district court shall make a determination on the record
whether the petitioner or movant is indigent. Upon a finding that the
petitioner or movant is indigent and accepts the offer of representation
or is unable competently to decide whether to accept or reject the offer,
the court shall appoint one or more counsel, in accordance with subsection
(d) (1), to represent the petitioner or movant. If the petitioner or movant

1346 1997 Session Laws of Kansas Ch. 181

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 pe-
titioner or movant is competent and not indigent.

(3) Counsel appointed to represent the petitioner or movant shall not
have represented the petitioner or movant at trial or on direct appeal
therefrom unless the petitioner or movant and counsel expressly request
continued representation.

Sec. 7. On and after July 1, 1997, K.S.A. 22-4901 is hereby amended
to read as follows: 22-4901. K.S.A. 22-4901 through 22-4910, and amend-
ments thereto, shall be known and may be cited as the Kansas ~~sex~~ of-
fender registration act.

Sec. 8. On and after July 1, 1997, K.S.A. 22-4902 is hereby amended
to read as follows: 22-4902. As used in this act, unless the context oth-
erwise requires:

(a) ``Offender'' means: (1) A sex offender as defined in subsection (b);
(2) a violent offender as defined in subsection (d); (3) any person who, on
and after the effective date of this act, is convicted of any of the following
crimes when the victim is less than 18 years of age:

(A) Kidnapping as defined in K.S.A. 21-3420 and amendments
thereto, except by a parent;

(B) aggravated kidnapping as defined in K.S.A. 21-3421 and amend-
ments thereto; or

(4) any person convicted of any of the following criminal sexual con-
duct if one of the parties involved is less than 18 years of age:

(A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;

(B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-
3505, and amendments thereto;

(D) patronizing a prostitute as defined by K.S.A. 21-3515, and
amendments thereto;

(E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and
amendment thereto; or

(F) unlawful sexual relations as defined by K.S.A. 21-3520, and
amendments thereto;

(5) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in sub-
section (3) or (4), or any federal or other state conviction for an offense
that under the laws of this state would be an offense defined in subsection
(3) or (4); or

Ch. 181 1997 Session Laws of Kansas 1347

(6) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
fense defined in subsection (3) or (4).

Upon such conviction, the court shall certify that the person is an of-
fender subject to the provisions of K.S.A. 22-4901 et seq. and amendments
thereto and shall include this certification in the order of commitment.
Convictions which result from or are connected with the same act, or
result from crimes committed at the same time, shall be counted for the
purpose of this section as one conviction. Any conviction set aside pur-
suant to law is not a conviction for purposes of this section. A conviction
from another state shall constitute a conviction for purposes of this sec-
tion.

(b) ``Sex offender'' includes any person who, after the effective date
of this act, is convicted of any sexually violent crime set forth in subsection
~~(b)~~ (c). Upon such conviction, the court shall certify that the person is a
sex offender and shall include this certification in the order of commit-
ment. Convictions which result from or are connected with the same act,
or result from crimes committed at the same time, shall be counted for
the purpose of this section as one conviction. Any conviction set aside
pursuant to law is not a conviction for purposes of this section. A convic-
tion from another state shall constitute a conviction for purposes of this
section.

~~(b)~~ (c) ``Sexually violent crime'' means:

(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;

(2) indecent liberties with a child as defined in K.S.A. 21-3503 and
amendments thereto;

(3) aggravated indecent liberties with a child as defined in K.S.A. 21-
3504 and amendments thereto;

(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of
K.S.A. 21-3505 and amendments thereto;

(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and
amendments thereto;

(6) indecent solicitation of a child as defined by K.S.A. 21-3510 and
amendments thereto;

(7) aggravated indecent solicitation of a child as defined by K.S.A.
21-3511 and amendments thereto;

(8) sexual exploitation of a child as defined by K.S.A. 21-3516 and
amendments thereto;

(9) sexual battery as defined by K.S.A. 21-3517 and amendments
thereto;

(10) aggravated sexual battery as defined by K.S.A. 21-3518 and
amendments thereto; or

(11) aggravated incest as defined by K.S.A. 21-3603 and amendments
thereto; or

~~(10)~~ (12) any conviction for a ~~felony~~ offense in effect at any time prior

1348 1997 Session Laws of Kansas Ch. 181

to the effective date of this act, that is comparable to a sexually violent
crime as defined in subparagraphs (1) through ~~(9)~~ (11), or any federal or
other state conviction for a felony offense that under the laws of this state
would be a sexually violent crime as defined in this section;

~~(11)~~ (13) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. ~~21-3301a, 21-3302a or 21-3303a,~~ 21-3301, 21-3302 or 21-3303 and
amendments thereto, of a sexually violent crime, as defined in this section;
or

~~(12)~~ (14) any act which at the time of sentencing for the offense has
been determined beyond a reasonable doubt to have been sexually mo-
tivated. As used in this subparagraph, ``sexually motivated'' means that
one of the purposes for which the defendant committed the crime was
for the purpose of the defendant's sexual gratification.

(d) ``Violent offender'' includes any person who, after the effective
date of this act, is convicted of any of the following crimes:

(1) Capital murder as defined by K.S.A. 21-3439 and amendments
thereto;

(2) murder in the first degree as defined by K.S.A. 21-3401 and
amendments thereto;

(3) murder in the second degree as defined by K.S.A. 21-3402 and
amendments thereto;

(4) voluntary manslaughter as defined by K.S.A. 21-3403 and amend-
ments thereto;

(5) involuntary manslaughter as defined by K.S.A. 21-3404 and
amendments thereto; or

(6) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in this
subsection, or any federal or other state conviction for an offense that
under the laws of this state would be an offense defined in this subsection;
or

(7) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
fense defined in this subsection.

~~(c)~~ (e) ``Law enforcement agency having jurisdiction'' means the sher-
iff of the county in which the offender expects to reside upon the of-
fender's discharge, parole or release.

Ch. 181 1997 Session Laws of Kansas 1349

Sec. 9. On and after July 1, 1997, K.S.A. 1996 Supp. 22-4904 is
hereby amended to read as follows: 22-4904. (a) (1) Except as provided
in subsection (a)(2), within 15 days of the ~~sex~~ offender coming into any
county in which the ~~sex~~ offender resides or is temporarily domiciled for
more than 15 days, the ~~sex~~ offender shall register with the sheriff of the
county.

(2) Within 15 days of the offender coming into any county in which
the offender resides or temporarily resides for more than 15 days, any
offender who has provided the information and completed and signed the
registration form as required in K.S.A. 22-4905 and amendments thereto,
shall verify with the sheriff of the county that the sheriff has received such
offender's information and registration form.

(3) For persons required to register as provided in subsection (a)(1),
the sheriff shall: (A) Explain the duty to register and the procedure for
registration;

(B) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;

(C) inform the offender that the offender must give written notice of
any change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of in-
vestigation;

(D) inform the offender that if the offender changes residence to an-
other state, the offender must inform the law enforcement agency where
last registered of such change in residence and must register in the new
state within 10 days of such change in residence; and

(E) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsection
have been explained to the offender.

(4) Such sheriff, within three days of receipt of the initial registration
shall forward this information to the Kansas bureau of investigation.

(5) Notwithstanding any other provision of law, if a diversionary
agreement or probation order, either adult or juvenile, requires registra-
tion under the Kansas ~~sex~~ offender registration act then all provisions of
that act shall apply, except that the term of registration shall be controlled
by such diversionary agreement or probation order. The sex offender shall
thereafter update the registration annually until liability to register expires
pursuant to K.S.A. 22-4906, and amendments thereto.

(b) (1) If any person required to register as provided in this act
changes the address of ~~their~~ the person's residence, the ~~sex~~ offender ~~shall~~,
within 10 days, shall inform in writing the ~~law enforcement agency~~ Kansas
bureau of investigation ~~where last registered~~ of the new address.

(2) The law enforcement agency shall, within three days of receipt of
the initial registration or change of address, forward this information to
the Kansas bureau of investigation and, if applicable, After receipt of the
change of address, the Kansas bureau of investigation shall forward this

1350 1997 Session Laws of Kansas Ch. 181

information to the law enforcement agency having jurisdiction of the new
place of residence within 10 days of such receipt of the change of address.

(c) For any person required to register as provided in this act, every
90 days after the person's initial registration date during the period the
person is required to register, the following applies:

(1) The Kansas bureau of investigation shall mail a nonforwardable
verification form to the last reported address of the person.

(2) The person shall mail the verification form to the Kansas bureau
of investigation within 10 days after receipt of the form.

(3) The verification form shall be signed by the person, and shall state
that the person still resides at the address last reported to the Kansas
bureau of investigation.

(4) If the person fails to mail the verification form to the Kansas bu-
reau of investigation within 10 days after receipt of the form, the person
shall be in violation of the Kansas offender registration act.

(5) Nothing contained in this section shall be construed to alleviate
any person required to register as provided in this act from meeting the
requirements prescribed in subsection (a)(1), (a)(2) and (b)(1).

Sec. 10. On and after July 1, 1997, K.S.A. 22-4905 is hereby
amended to read as follows: 22-4905. (a) (1) Any ~~sex~~ offender, who is
discharged or paroled from a prison, hospital or other institution or facility
involving a violation of ~~a sexually violent crime pursuant to~~ any crime as
provided in subsection (a), (b) or (d) of K.S.A. 22-4902, and amendments
thereto, prior to discharge, parole or release, shall be informed by the
staff of the facility in which the ~~sex~~ offender was confined of the duty to
register as provided in this act.

(2) (A) The staff of the facility shall: (i) Explain the duty to register
and the procedure for registration and require the person to sign a form
prepared by the Kansas bureau of investigation stating that the duty and
procedure have been explained to the person.

(B) The staff of the facility shall obtain the address where the person
expects to reside upon discharge, parole or release and shall report the
address to the Kansas bureau of investigation.

~~(C)~~;

(ii) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;

(iii) inform the offender that the offender must give written notice of
any change of address within 10 days of a change in residence to the law
enforcement agency where last registered and the Kansas bureau of in-
vestigation;

(iv) inform the offender that if the offender changes residence to an-
other state, the offender must inform the law enforcement agency where
last registered of such change in residence and must register in the new
state within 10 days of such change in residence; and

Ch. 181 1997 Session Laws of Kansas 1351

(v) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsection
have been explained to the offender.

(B) The staff of the facility shall give one copy of the form to the
person, within three days, and shall send two copies of the form provided
by subsection (2)(A)(v) to the Kansas bureau of investigation, which shall
then forward one copy to the law enforcement agency having jurisdiction
where the person expects to reside upon discharge, parole or release. The
Kansas bureau of investigation must immediately ensure that such infor-
mation is entered in the state law enforcement record system. The Kansas
bureau of investigation shall transmit such conviction data and finger-
prints to the federal bureau of investigation.

(b) (1) Any ~~sex~~ offender who is released on probation, receives a
suspended sentence, sentenced to community corrections or released on
postrelease supervision because of the commission of one of the sexually
violent crimes defined in any crime as provided in subsection (a), (b) or
(d) of K.S.A. 22-4902, and amendments thereto, prior to release, shall be
informed of the offenders duty to register as provided in this act by the
court in which the offender is convicted.

(2) (A) The court shall require the person to read and sign a form
prepared by the Kansas bureau of investigation stating that the duty to
register and the procedure for registration has been explained to such sex
offender.

(B) The court shall obtain the address where the person expects to
reside upon release and shall report the address to the Kansas bureau of
investigation.

~~(C)~~ : (i) Explain the duty to register and the procedure for registra-
tion;

(ii) obtain the information required for registration as provided in
K.S.A. 22-4907 and amendments thereto;

(v) require the offender to read and sign the registration form which
shall include a statement that the requirements provided in this subsection
have been explained to the offender.

(B) The court shall give one copy of the form to the person and,
within three days, shall send two copies of the form provided by subsec-
tion (2)(A)(v) to the Kansas bureau of investigation which shall then for-
ward one copy to the law enforcement agency having jurisdiction where

1352 1997 Session Laws of Kansas Ch. 181

the person expects to reside upon release. The Kansas bureau of inves-
tigation must immediately ensure that such information is entered in the
state law enforcement record system. The Kansas bureau of investigation
shall transmit such conviction data and fingerprints to the federal bureau
of investigation.

Sec. 11. On and after July 1, 1997, K.S.A. 22-4906 is hereby
amended to read as follows: 22-4906. (a) Any person required to register
as provided in this act shall be required to register: (1) Upon the first
conviction of a sexually violent crime as defined in subsection (c) of K.S.A.
22-4902 and amendments thereto, any offense as defined in subsection (a)
of K.S.A. 22-4902 and amendments thereto or any offense as defined in
subsection (d) of K.S.A. 22-4902 and amendments thereto, if not confined,
for a period of 10 years after conviction, or, if confined, for a period of
10 years after paroled, discharged or released; or (2) upon a second or
subsequent conviction for such person's lifetime.

(b) Upon the first conviction, liability for registration terminates, if
not confined, at the expiration of 10 years from the date of conviction,
or, if confined, at the expiration of 10 years from the date of parole,
discharge or release, if the convicted ~~sex~~ offender does not again become
liable to register as provided by this act during that period.

Sec. 12. On and after July 1, 1997, K.S.A. 1996 Supp. 22-4907 is
hereby amended to read as follows: 22-4907. (a) Registration as required
by this act shall consist of a ~~statement in writing, on a~~ form prepared by
the Kansas bureau of investigation, which shall include a statement that
the requirements provided in this section have been explained to the per-
son, and shall be signed by the person. ~~The information~~ Such registration
form shall include the following:

(1) Name;

(2) date and place of birth;

(3) offense or offenses committed, date of conviction or convictions
obtained;

(4) city or county of conviction or convictions obtained;

(5) sex and age of victim;

(6) current address;

(7) social security number;

(8) identifying characteristics such as race, sex, age, hair and eye
color, scars and blood type;

(9) occupation and name or of employer; ~~and~~

(10) drivers license and vehicle information.;

(11) documentation of any treatment received for a mental abnor-
mality or personality disorder of the offender; for purposes of document-
ing the treatment received, sheriffs, prison officials and courts may rely
on information that is readily available to them from existing records and
the offender.

Ch. 181 1997 Session Laws of Kansas 1353

(12) anticipated future residence;

(13) a photograph; and

(14) fingerprints.

(b) (1) The ~~sex~~ offender shall also provide to the registering law en-
forcement agency: DNA exemplars, unless already on file.

~~(1) A photograph;~~

~~(2) fingerprints; and~~

~~(3) DNA exemplars, unless already on file.~~

~~(c)~~ (2) If the exemplars to be taken require the withdrawal of blood,
such withdrawal may be performed only by: ~~(1)~~ (A) A person licensed
to practice medicine and surgery or a person acting under the supervision
of any such licensed person;

~~(2)~~ (B) a registered nurse or a licensed practical nurse;

~~(3)~~ (C) any qualified medical technician; or

~~(4)~~ (D) a licensed phlebotomist.

(d) Unless the person has provided the information and completed
and signed the registration form as provided in K.S.A. 22-4905 and
amendments thereto within three days, the registering law enforcement
agency shall forward the ~~statement and any other required information~~
registration form to the Kansas bureau of investigation.

Sec. 13. On and after July 1, 1997, K.S.A. 22-4908 is hereby
amended to read as follows: 22-4908. (a) Any ~~sex~~ offender registered as
provided in this act may apply to the sentencing court in this state having
jurisdiction over the county in which the sex offender resides for an order
relieving the ~~sex~~ offender of the duty of registration, except that no of-
fender may apply as provided in this section for an order relieving the
offender of the duty of registration until such offender has registered for
a period of at least 10 years for each conviction for which an offender
must register as provided by this act. The court shall hold a hearing on
the application at which the applicant and any interested persons may
present witnesses and other evidence.

(b) At such hearing, if the person is a person who is required to reg-
ister due to a conviction of a sexually violent crime as defined in K.S.A.
22-4902 and amendments thereto, the court shall receive and consider a
report by a board composed of experts in the field of the behavior and
treatment of sexual offenders. Such board shall be appointed as provided
by rules and regulations promulgated by the attorney general. If, after
the hearing involving such person, the court finds by a preponderance of
the evidence that the sex offender is rehabilitated and that the sex offender,
does not suffer from a mental abnormality or personality disorder that
would make the person likely to engage in a predatory sexually violent
crime, the court shall grant an order relieving the offender of the duty of
further registration under this act. For purposes of this act, ``mental ab-
normality'' means a congenital or acquired condition affecting the emo-

1354 1997 Session Laws of Kansas Ch. 181

tional or volitional capacity which predisposes the person to commit a
sexually violent crime in a degree constituting such person a menace to
the health and safety of others.

(c) If, after the hearing involving a person who is an offender who
was not required to register due to a conviction of a sexually violent crime
as defined in K.S.A. 22-4902 and amendments thereto, the court finds by
a preponderance of the evidence that the ~~sex~~ offender is rehabilitated,
the court shall grant an order relieving the offender of the duty of further
registration under this act.

(d) Any person registered as provided in this act may apply to the
sentencing court for an order relieving such person of the duty of regis-
tration for any conviction which has been set aside. The court shall hold
a hearing on the application at which the applicant shall present evidence
verifying that such applicant's conviction was set aside. If the court finds
that the person's conviction was set aside, the court shall grant an order
relieving the person of the duty of further registration under this act for
any conviction which has been set aside. Such court granting such an
order shall forward a copy of such order to the sheriff of the county in
which such person has registered and to the Kansas bureau of investi-
gation. Upon receipt of such copy of the order, such sheriff and the Kansas
bureau of investigation shall remove such person's name from the registry
for any conviction which has been set aside. Nothing contained in this
subsection shall relieve any person of the duty to register or any other
duty prescribed under this act for any conviction which has not been set
aside.

Sec. 14. On and after July 1, 1997, K.S.A. 22-4909 is hereby
amended to read as follows: 22-4909. The statements or any other infor-
mation required by this act shall be open to inspection in the sheriff's
office by the public and specifically are subject to the provisions of the
Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto,
except that the name, address, telephone number, or any other informa-
tion which specifically and individually identifies the victim of any of-
fender required to register as provided in this act shall not be disclosed
other than to law enforcement agencies.

Sec. 15. On and after July 1, 1997, K.S.A. 1996 Supp. 45-221, as
amended by section 44 of 1997 House Bill No. 2105, is hereby amended
to read as follows: 45-221. (a) Except to the extent disclosure is otherwise
required by law, a public agency shall not be required to disclose:

(1) Records the disclosure of which is specifically prohibited or re-
stricted by federal law, state statute or rule of the Kansas supreme court
or the disclosure of which is prohibited or restricted pursuant to specific
authorization of federal law, state statute or rule of the Kansas supreme
court to restrict or prohibit disclosure.

Ch. 181 1997 Session Laws of Kansas 1355

(2) Records which are privileged under the rules of evidence, unless
the holder of the privilege consents to the disclosure.

(3) Medical, psychiatric, psychological or alcoholism or drug depend-
ency treatment records which pertain to identifiable patients.

(4) Personnel records, performance ratings or individually identifia-
ble records pertaining to employees or applicants for employment, except
that this exemption shall not apply to the names, positions, salaries and
lengths of service of officers and employees of public agencies once they
are employed as such.

(5) Information which would reveal the identity of any undercover
agent or any informant reporting a specific violation of law.

(6) Letters of reference or recommendation pertaining to the char-
acter or qualifications of an identifiable individual.

(7) Library, archive and museum materials contributed by private
persons, to the extent of any limitations imposed as conditions of the
contribution.

(8) Information which would reveal the identity of an individual who
lawfully makes a donation to a public agency, if anonymity of the donor
is a condition of the donation.

(9) Testing and examination materials, before the test or examination
is given or if it is to be given again, or records of individual test or ex-
amination scores, other than records which show only passage or failure
and not specific scores.

(10) Criminal investigation records, except that the district court, in
an action brought pursuant to K.S.A. 45-222, and amendments thereto,
may order disclosure of such records, subject to such conditions as the
court may impose, if the court finds that disclosure:

(A) Is in the public interest;

(B) would not interfere with any prospective law enforcement action;

(D) would not reveal confidential investigative techniques or proce-
dures not known to the general public;

(E) would not endanger the life or physical safety of any person; and

(F) would not reveal the name, address, phone number or any other
information which specifically and individually identifies the victim of any
sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-
tated, and amendments thereto.

(11) Records of agencies involved in administrative adjudication or
civil litigation, compiled in the process of detecting or investigating vio-
lations of civil law or administrative rules and regulations, if disclosure
would interfere with a prospective administrative adjudication or civil
litigation or reveal the identity of a confidential source or undercover
agent.

(12) Records of emergency or security information or procedures of

1356 1997 Session Laws of Kansas Ch. 181

a public agency, or plans, drawings, specifications or related information
for any building or facility which is used for purposes requiring security
measures in or around the building or facility or which is used for the
generation or transmission of power, water, fuels or communications, if
disclosure would jeopardize security of the public agency, building or
facility.

(13) The contents of appraisals or engineering or feasibility estimates
or evaluations made by or for a public agency relative to the acquisition
of property, prior to the award of formal contracts therefor.

(14) Correspondence between a public agency and a private individ-
ual, other than correspondence which is intended to give notice of an
action, policy or determination relating to any regulatory, supervisory or
enforcement responsibility of the public agency or which is widely dis-
tributed to the public by a public agency and is not specifically in response
to communications from such a private individual.

(15) Records pertaining to employer-employee negotiations, if dis-
closure would reveal information discussed in a lawful executive session
under K.S.A. 75-4319, and amendments thereto.

(16) Software programs for electronic data processing and documen-
tation thereof, but each public agency shall maintain a register, open to
the public, that describes:

(A) The information which the agency maintains on computer facil-
ities; and

(B) the form in which the information can be made available using
existing computer programs.

(17) Applications, financial statements and other information sub-
mitted in connection with applications for student financial assistance
where financial need is a consideration for the award.

(18) Plans, designs, drawings or specifications which are prepared by
a person other than an employee of a public agency or records which are
the property of a private person.

(19) Well samples, logs or surveys which the state corporation com-
mission requires to be filed by persons who have drilled or caused to be
drilled, or are drilling or causing to be drilled, holes for the purpose of
discovery or production of oil or gas, to the extent that disclosure is limited
by rules and regulations of the state corporation commission.

(20) Notes, preliminary drafts, research data in the process of anal-
ysis, unfunded grant proposals, memoranda, recommendations or other
records in which opinions are expressed or policies or actions are pro-
posed, except that this exemption shall not apply when such records are
publicly cited or identified in an open meeting or in an agenda of an open
meeting.

(21) Records of a public agency having legislative powers, which re-
cords pertain to proposed legislation or amendments to proposed legis-
lation, except that this exemption shall not apply when such records are:

Ch. 181 1997 Session Laws of Kansas 1357

(A) Publicly cited or identified in an open meeting or in an agenda
of an open meeting; or

(B) distributed to a majority of a quorum of any body which has au-
thority to take action or make recommendations to the public agency with
regard to the matters to which such records pertain.

(22) Records of a public agency having legislative powers, which re-
cords pertain to research prepared for one or more members of such
agency, except that this exemption shall not apply when such records are:

(A) Publicly cited or identified in an open meeting or in an agenda
of an open meeting; or

(B) distributed to a majority of a quorum of any body which has au-
thority to take action or make recommendations to the public agency with
regard to the matters to which such records pertain.

(23) Library patron and circulation records which pertain to identi-
fiable individuals.

(24) Records which are compiled for census or research purposes and
which pertain to identifiable individuals.

(25) Records which represent and constitute the work product of an
attorney.

(26) Records of a utility or other public service pertaining to individ-
ually identifiable residential customers of the utility or service, except that
information concerning billings for specific individual customers named
by the requester shall be subject to disclosure as provided by this act.

(27) Specifications for competitive bidding, until the specifications
are officially approved by the public agency.

(28) Sealed bids and related documents, until a bid is accepted or all
bids rejected.

(29) Correctional records pertaining to an identifiable inmate or re-
lease, except that:

(A) The name,; photograph and other identifying information; sen-
tence data,; parole eligibility date,; custody or supervision level; discipli-
nary record~~, custody level and location of an inmate~~; supervision viola-
tions; conditions of supervision, excluding requirements pertaining to
mental health or substance abuse counseling; location of facility where
incarcerated or location of parole office maintaining supervision and ad-
dress of a releasee whose crime was committed after the effective date of
this act shall be subject to disclosure to any person other than another
inmate or releasee, except that the disclosure of the location of an inmate
transferred to another state pursuant to the interstate corrections compact
shall be at the discretion of the secretary of corrections;

(B) the ombudsman of corrections, the attorney general, law enforce-
ment agencies, counsel for the inmate to whom the record pertains and
any county or district attorney shall have access to correctional records to
the extent otherwise permitted by law;

1358 1997 Session Laws of Kansas Ch. 181

ant to the sex offender registration act, K.S.A. 22-4901, et seq., and
amendments thereto, shall be subject to disclosure to any person, except
that the name, address, telephone number or any other information which
specifically and individually identifies the victim of any offender required
to register as provided by the Kansas offender registration act, K.S.A. 22-
4901 et seq. and amendments thereto, shall not be disclosed; and

(D) records of the department of corrections regarding the financial
assets of an offender in the custody of the secretary of corrections shall
be subject to disclosure to the victim, or such victim's family, of the crime
for which the inmate is in custody as set forth in an order of restitution
by the sentencing court.

(30) Public records containing information of a personal nature
where the public disclosure thereof would constitute a clearly unwar-
ranted invasion of personal privacy.

(31) Public records pertaining to prospective location of a business
or industry where no previous public disclosure has been made of the
business' or industry's interest in locating in, relocating within or expand-
ing within the state. This exception shall not include those records per-
taining to application of agencies for permits or licenses necessary to do
business or to expand business operations within this state, except as
otherwise provided by law.

(32) The bidder's list of contractors who have requested bid proposals
for construction projects from any public agency, until a bid is accepted
or all bids rejected.

(33) Engineering and architectural estimates made by or for any pub-
lic agency relative to public improvements.

(34) Financial information submitted by contractors in qualification
statements to any public agency.

(35) Records involved in the obtaining and processing of intellectual
property rights that are expected to be, wholly or partially vested in or
owned by a state educational institution, as defined in K.S.A. 76-711, and
amendments thereto, or an assignee of the institution organized and ex-
isting for the benefit of the institution.

(36) Any report or record which is made pursuant to K.S.A. 65-4922,
65-4923 or 65-4924, and amendments thereto, and which is privileged
pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.

(37) Information which would reveal the precise location of an ar-
cheological site.

(38) Any financial data or traffic information from a railroad company,
to a public agency, concerning the sale, lease or rehabilitation of the
railroad's property in Kansas.

(39) Risk-based capital reports, risk-based capital plans and corrective
orders including the working papers and the results of any analysis filed
with the commissioner of insurance in accordance with K.S.A. 1996 Supp.
40-2c20, and amendments thereto.

Ch. 181 1997 Session Laws of Kansas 1359

(40) Memoranda and related materials required to be used to support
the annual actuarial opinions submitted pursuant to subsection (b) of
K.S.A. 40-409, and amendments thereto.

(41) Disclosure reports filed with the commissioner of insurance un-
der subsection (a) of K.S.A. 1996 Supp. 40-2,156, and amendments
thereto.

(42) All financial analysis ratios and examination synopses concerning
insurance companies that are submitted to the commissioner by the na-
tional association of insurance commissioners' insurance regulatory infor-
mation system.

(43) Any records the disclosure of which is restricted or prohibited
by a tribal-state gaming compact.

(44) Market research, market plans, business plans and the terms and
conditions of managed care or other third party contracts, developed or
entered into by the university of Kansas medical center in the operation
and management of the university hospital which the chancellor of the
university of Kansas or the chancellor's designee determines would give
an unfair advantage to competitors of the university of Kansas medical
center.

(b) Except to the extent disclosure is otherwise required by law or as
appropriate during the course of an administrative proceeding or on ap-
peal from agency action, a public agency or officer shall not disclose fi-
nancial information of a taxpayer which may be required or requested by
a county appraiser or the director of property valuation to assist in the
determination of the value of the taxpayer's property for ad valorem tax-
ation purposes; or any financial information of a personal nature required
or requested by a public agency or officer, including a name, job descrip-
tion or title revealing the salary or other compensation of officers, em-
ployees or applicants for employment with a firm, corporation or agency,
except a public agency. Nothing contained herein shall be construed to
prohibit the publication of statistics, so classified as to prevent identifi-
cation of particular reports or returns and the items thereof.

(c) As used in this section, the term ``cited or identified'' shall not
include a request to an employee of a public agency that a document be
prepared.

(d) If a public record contains material which is not subject to dis-
closure pursuant to this act, the public agency shall separate or delete
such material and make available to the requester that material in the
public record which is subject to disclosure pursuant to this act. If a public
record is not subject to disclosure because it pertains to an identifiable
individual, the public agency shall delete the identifying portions of the
record and make available to the requester any remaining portions which
are subject to disclosure pursuant to this act, unless the request is for a
record pertaining to a specific individual or to such a limited group of
individuals that the individuals' identities are reasonably ascertainable, the

1360 1997 Session Laws of Kansas Ch. 181

public agency shall not be required to disclose those portions of the record
which pertain to such individual or individuals.

(e) The provisions of this section shall not be construed to exempt
from public disclosure statistical information not descriptive of any iden-
tifiable person.

(f) Notwithstanding the provisions of subsection (a), any public rec-
ord which has been in existence more than 70 years shall be open for
inspection by any person unless disclosure of the record is specifically
prohibited or restricted by federal law, state statute or rule of the Kansas
supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
amendments thereto.

New Sec. 16. The court may impose an administrative fee in the
amount of $35 against any defendant entitled to counsel pursuant to
K.S.A. 22-4503, and amendments thereto. If it appears to the satisfaction
of the court that payment of the administrative fee will impose manifest
hardship on the defendant, the court may waive payment of all or part of
the administrative fee. All moneys received pursuant to this section shall
be remitted to the state treasurer at least monthly, and the state treasurer
shall deposit the same in the state treasury to the credit of the indigents'
defense services fund. If the defendant is acquitted or the case is dis-
missed, any administrative fee paid pursuant to this section shall be re-
mitted to the defendant. The provisions of this section shall take effect
on and after July 1, 1997.

Sec. 17. On and after July 1, 1997, K.S.A. 21-4603 is hereby
amended to read as follows: 21-4603. (a) Whenever any person has been
found guilty of a crime and the court finds that an adequate presentence
investigation cannot be conducted by resources available within the ju-
dicial district, including mental health centers and mental health clinics,
the court may require that a presentence investigation be conducted by
the Topeka correctional facility or by the state security hospital. If the
offender is sent to the Topeka correctional facility or the state security
hospital for a presentence investigation under this section, the correc-
tional facility or hospital may keep the offender confined for a maximum
of 60 days, except that an inmate may be held for a longer period of time
on order of the secretary, or until the court calls for the return of the
offender. While held at the Topeka correctional facility or the state se-
curity hospital the defendant may be treated the same as any person
committed to the secretary of corrections or secretary of social and re-
habilitation services for purposes of maintaining security and control, dis-
cipline, and emergency medical or psychiatric treatment, and general
population management except that no such person shall be transferred
out of the state or to a federal institution or to any other location unless
the transfer is between the correctional facility and the state security
hospital. The correctional facility or the state security hospital shall com-

Ch. 181 1997 Session Laws of Kansas 1361

pile a complete mental and physical evaluation of such offender and shall
make its findings and recommendations known to the court in the pre-
sentence report.

(b) Except as provided in subsection (c), whenever any person has
been found guilty of a crime, the court may adjudge any of the following:

(1) Commit the defendant to the custody of the secretary of correc-
tions or, if confinement is for a term less than one year, to jail for the
term provided by law;

(2) impose the fine applicable to the offense;

(3) release the defendant on probation subject to such conditions as
the court may deem appropriate, including orders requiring full or partial
restitution. In felony cases, the court may include confinement in a county
jail not to exceed 30 days, which need not be served consecutively, as a
condition of probation;

(4) suspend the imposition of the sentence subject to such conditions
as the court may deem appropriate, including orders requiring full or
partial restitution. In felony cases, the court may include confinement in
a county jail not to exceed 30 days, which need not be served consecu-
tively, as a condition of suspension of sentence;

(5) assign the defendant to a community correctional services pro-
gram subject to such conditions as the court may deem appropriate, in-
cluding orders requiring full or partial restitution;

(6) assign the defendant to a conservation camp for a period not to
exceed 180 days;

(7) assign the defendant to a house arrest program pursuant to K.S.A.
21-4603b and amendments thereto;

(8) order the defendant to attend and satisfactorily complete an al-
cohol or drug education or training program as provided by subsection
(3) of K.S.A. 21-4502 and amendments thereto; or

(9) order the defendant to pay the administrative fee authorized by
section 16, unless waived by the court; or

~~(9)~~ (10) impose any appropriate combination of subsections (b)(1)
through (b)~~(8)~~(9).

In addition to or in lieu of any of the above, the court shall order the
defendant to submit to and complete an alcohol and drug evaluation, and
pay a fee therefor, when required by subsection (4) of K.S.A. 21-4502
and amendments thereto.

In addition to any of the above, the court shall order the defendant to
reimburse the state general fund for all or a part of the expenditures by
the state board of indigents' defense services to provide counsel and other
defense services to the defendant. In determining the amount and method
of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of
such sum will impose. A defendant who has been required to pay such
sum and who is not willfully in default in the payment thereof may at any

1362 1997 Session Laws of Kansas Ch. 181

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 pre-
scribed by the board of indigents' defense services reimbursement tables
as provided in K.S.A. 22-4522, and amendments thereto, whichever is
less.

In imposing a fine the court may authorize the payment thereof in
installments. In releasing 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 cor-
rections or to jail, the court may specify in its order the amount of res-
titution to be paid and the person to whom it shall be paid if restitution
is later ordered as a condition of parole or conditional release.

The court in committing a defendant to the custody of the secretary of
corrections shall fix a maximum term of confinement within the limits
provided by law. In those cases where the law does not fix a maximum
term of confinement for the crime for which the defendant was convicted,
the court shall fix the maximum term of such confinement. In all cases
where the defendant is committed to the custody of the secretary of
corrections, the court shall fix the minimum term within the limits pro-
vided by law.

(c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, and
amendments thereto, has been found guilty of a class A or B felony, the
court shall commit the defendant to the custody of the secretary of cor-
rections and may impose the fine applicable to the offense.

(d) (1) Except when an appeal is taken and determined adversely to
the defendant as provided in subsection (d)(2), at any time within 120
days after a sentence is imposed, after probation or assignment to a com-
munity correctional services program has been revoked, the court may
modify such sentence, revocation of probation or assignment to a com-
munity correctional services program by directing that a less severe pen-
alty be imposed in lieu of that originally adjudged within statutory limits
and shall modify such sentence if recommended by the Topeka correc-
tional facility unless the court finds and sets forth with particularity the
reasons for finding that the safety of members of the public will be jeop-
ardized or that the welfare of the inmate will not be served by such
modification.

(2) If an appeal is taken and determined adversely to the defendant,
such sentence may be modified within 120 days after the receipt by the

Ch. 181 1997 Session Laws of Kansas 1363

clerk of the district court of the mandate from the supreme court or court
of appeals.

(e) The court shall modify the sentence at any time before the expi-
ration thereof when such modification is recommended by the secretary
of corrections unless the court finds and sets forth with particularity the
reasons for finding that the safety of members of the public will be jeop-
ardized or that the welfare of the inmate will not be served by such
modification. The court shall have the power to impose a less severe
penalty upon the inmate, including the power to reduce the minimum
below the statutory limit on the minimum term prescribed for the crime
of which the inmate has been convicted. The recommendation of the
secretary of corrections, the hearing on the recommendation and the
order of modification shall be made in open court. Notice of the rec-
ommendation of modification of sentence and the time and place of the
hearing thereon shall be given by the inmate, or by the inmate's legal
counsel, at least 21 days prior to the hearing to the county or district
attorney of the county where the inmate was convicted. After receipt of
such notice and at least 14 days prior to the hearing, the county or district
attorney shall give notice of the recommendation of modification of sen-
tence and the time and place of the hearing thereon to any victim of the
inmate's crime who is alive and whose address is known to the county or
district attorney or, if the victim is deceased, to the victim's next of kin if
the next of kin's address is known to the county or district attorney. Proof
of service of each notice required to be given by this subsection shall be
filed with the court.

(f) After such defendant has been assigned to a conservation camp
but prior to the end of 180 days, the chief administrator of such camp
shall file a performance report and recommendations with the court. The
court shall enter an order based on such report and recommendations
modifying the sentence, if appropriate, by sentencing the defendant to
any of the authorized dispositions provided in subsection (b), except to
reassign such person to a conservation camp as provided in subsection
(b)(6).

(g) Dispositions which do not involve commitment to the custody of
the secretary of corrections and commitments which are revoked within
120 days shall not entail the loss by the defendant of any civil rights.

(h) This section shall not deprive the court of any authority conferred
by any other Kansas statute to decree a forfeiture of property, suspend
or cancel a license, remove a person from office, or impose any other civil
penalty as a result of conviction of crime.

(i) An application for or acceptance of probation, suspended sentence
or assignment to a community correctional services program shall not
constitute an acquiescence in the 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,

1364 1997 Session Laws of Kansas Ch. 181

suspended sentence or assignment to a community correctional services
program.

(j) When it is provided by law that a person shall be sentenced pur-
suant to K.S.A. 21-4628, and amendments thereto, the provisions of this
section shall not apply.

(k) The provisions of this section shall apply to crimes committed
before July 1, 1993.

Sec. 18. On and after July 1, 1997, K.S.A. 1996 Supp. 21-4603d, as
amended by section 1 of 1997 House Bill No. 2049, is hereby amended
to read as follows: 21-4603d. (a) 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 correc-
tions if the current crime of conviction is a felony and the sentence pre-
sumes imprisonment, or the sentence imposed is a dispositional departure
to imprisonment; or, if confinement is for a misdemeanor, 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 con-
viction 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 pro-
gram in presumptive nonprison cases or through a departure for substan-
tial 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 correc-
tional services program, if the offender successfully completes the con-
servation 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 nonprison 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 departure 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 al-
cohol or drug education or training program as provided by subsection
(3) of K.S.A. 21-4502 and amendments thereto;

Ch. 181 1997 Session Laws of Kansas 1365

(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
investigation which leads to the defendant's conviction. Such repayment
of the amount of any public funds utilized by a law enforcement agency
shall be deposited and credited to the same fund from which the public
funds were credited to prior to use by the law enforcement agency;

(9) order the defendant to pay the administrative fee authorized by
section 16 and amendments thereto, unless waived by the court;

(10) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
(7) ~~and~~, (8) and (9); or

~~(10)~~ (11) suspend imposition of sentence in misdemeanor cases.

In addition to or in lieu of any of the above, the court shall order the
defendant to pay restitution, which shall include, but not be limited to,
damage or loss caused by the defendant's crime, unless the court finds
compelling circumstances which would render a plan of restitution un-
workable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.

If the court orders restitution, the restitution shall be a judgment
against the defendant which may be collected by the court by garnishment
or other execution as on judgments in civil cases. If, after 60 days from
the date restitution is ordered by the court, a defendant is found to be in
noncompliance with the plan established by the court for payment of
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. 1996 Supp. 75-719 and amendments
thereto to collect the restitution on behalf of the victim. The administra-
tive 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 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 de-
fendant. 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

1366 1997 Session Laws of Kansas Ch. 181

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 im-
pose 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.

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, con-
ditional 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 imprisonment 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 con-
stitute a departure.

Prior to imposing a dispositional departure for a defendant whose of-
fense is classified in the presumptive nonprison grid block of either sen-
tencing 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 correc-
tional conservation camp. Pursuant to this paragraph the defendant shall
not be sentenced 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.

Ch. 181 1997 Session Laws of Kansas 1367

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 pre-
scribed 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 correctional services program shall not constitute an acqui-
escence 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 place-
ment to the Labette correctional conservation camp of an inmate sen-
tenced 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) otherwise meets admission criteria of the camp. If the inmate suc-
cessfully completes the 180-day conservation camp program, the secre-
tary of corrections shall report such completion to the sentencing court
and the county or district attorney. The inmate shall then be assigned by
the court to 180 days of follow-up supervision conducted by the appro-
priate 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 pur-
suant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of
this section shall not apply.

1368 1997 Session Laws of Kansas Ch. 181

Sec. 19. On and after July 1, 1997, K.S.A. 21-4610 is hereby
amended to read as follows: 21-4610. (a) Except as required by subsection
(d), nothing in this section shall be construed to limit the authority of the
court to impose or modify any general or specific conditions of probation,
suspension of sentence or assignment to a community correctional serv-
ices program, except that the court shall condition any order granting
probation, suspension of sentence or assignment to a community correc-
tional services program on the defendant's obedience of the laws of the
United States, the state of Kansas and any other jurisdiction to the laws
of which the defendant may be subject.

(b) The court services officer or community correctional services of-
ficer may recommend, and the court may order, the imposition of any
conditions of probation, suspension of sentence or assignment to a com-
munity correctional services program. For crimes committed on or after
July 1, 1993, in presumptive nonprison cases, the court services officer
or community correctional services officer may recommend, and the
court may order, the imposition of any conditions of probation or assign-
ment to a community correctional services program. The court may at
any time order the modification of such conditions, after notice to the
court services officer or community correctional services officer and an
opportunity for such officer to be heard thereon. The court shall cause a
copy of any such order to be delivered to the court services officer and
the probationer or to the community correctional services officer and the
community corrections participant, as the case may be.

(c) The court may impose any conditions of probation, suspension of
sentence or assignment to a community correctional services program
that the court deems proper, including but not limited to requiring that
the defendant:

(1) Avoid such injurious or vicious habits, as directed by the court,
court services officer or community correctional services officer;

(2) avoid such persons or places of disreputable or harmful character,
as directed by the court, court services officer or community correctional
services officer;

(3) report to the court services officer or community correctional
services officer as directed;

(4) permit the court services officer or community correctional serv-
ices officer to visit the defendant at home or elsewhere;

(5) work faithfully at suitable employment insofar as possible;

(6) remain within the state unless the court grants permission to
leave;

(7) pay a fine or costs, applicable to the offense, in one or several
sums and in the manner as directed by the court;

(8) support the defendant's dependents;

(9) reside in a residential facility located in the community and par-

Ch. 181 1997 Session Laws of Kansas 1369

ticipate in educational, counseling, work and other correctional or reha-
bilitative programs;

(10) perform community or public service work for local govern-
mental agencies, private corporations organized not for profit, or chari-
table or social service organizations performing services for the commu-
nity;

(11) perform services under a system of day fines whereby the de-
fendant is required to satisfy fines, costs or reparation or restitution ob-
ligations by performing services for a period of days determined by the
court on the basis of ability to pay, standard of living, support obligations
and other factors;

(12) participate in a house arrest program pursuant to K.S.A. 21-
4603b, and amendments thereto; or

(13) order the defendant to pay the administrative fee authorized by
section 16, unless waived by the court; or

~~(13)~~ (14) in felony cases, except for violations of K.S.A. 8-1567 and
amendments thereto, be confined in a county jail not to exceed 30 days,
which need not be served consecutively.

(d) In addition to any other conditions of probation, suspension of
sentence or assignment to a community correctional services program,
the court shall order the defendant to comply with each of the following
conditions:

(1) Make reparation or restitution to the aggrieved party for the dam-
age or loss caused by the defendant's crime, in an amount and manner
determined by the court and to the person specified by the court, unless
the court finds compelling circumstances which would render a plan of
restitution unworkable. If the court finds a plan of restitution unworkable,
the court shall state on the record in detail the reasons therefor;

(2) pay the probation or community correctional services fee pursu-
ant to K.S.A. 21-4610a, and amendments thereto; and

(3) reimburse the state general fund for all or a part of the expendi-
tures by the state board of indigents' defense services to provide counsel
and other defense services to the defendant. In determining the amount
and method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required
to pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court which sentenced the defendant to
waive payment of such sum or of any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will im-
pose 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 in-
cluded in the court order for reimbursement shall be the amount claimed
by appointed counsel on the payment voucher for indigents' defense serv-

1370 1997 Session Laws of Kansas Ch. 181

ices or the amount prescribed by the board of indigents' defense services
reimbursement tables as provided in K.S.A. 22-4522, and amendments
thereto, whichever is less.

Sec. 20. On and after July 1, 1997, K.S.A. 1996 Supp. 22-3717, as
amended by section 5 of 1997 House Bill No. 2211, is hereby amended
to read as follows: 22-3717. (a) Except as otherwise provided by this sec-
tion, 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 in-
mate sentenced pursuant to K.S.A. 21-4618 and amendments thereto,
shall be eligible for parole after serving the entire minimum sentence
imposed by the court, less good time credits.

(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
amendments thereto, an inmate sentenced to imprisonment for the crime
of capital murder, or an inmate sentenced for the crime of murder in the
first degree based upon a finding of premeditated murder, committed on
or after July 1, 1994, shall be eligible for parole after serving 25 years of
confinement, without deduction of any good time credits.

(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993
Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638,
and amendments thereto, an inmate sentenced to imprisonment for an
off-grid offense committed on or after July 1, 1993, shall be eligible for
parole after serving 15 years of confinement, without deduction of any
good time credits.

(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its
repeal, an inmate sentenced for a class A felony committed before July
1, 1993, including an inmate sentenced pursuant to K.S.A. 21-4618 and
amendments thereto, shall be eligible for parole after serving 15 years of
confinement, without deduction of any good time credits.

(4) An inmate sentenced to imprisonment for a violation of subsec-
tion (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 confine-
ment 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 consecu-
tively, 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 com-
pletion of the prison portion of their sentence as follows:

Ch. 181 1997 Session Laws of Kansas 1371

(A) Except as provided in subparagraphs (C) and (D), persons sen-
tenced 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 sen-
tenced 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 amendments 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. De-
partures 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 defen-
dant or the state;

(b) any evidence received during the proceeding;

(c) the presentence report, the victim's impact statement and any
psychological evaluation 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 corrections 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 postrelease supervision period upon completion of court or-
dered programs and completion of the presumptive postrelease super-
vision period, as determined by the crime of conviction, pursuant to sub-
paragraph (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 reg-
istration act, K.S.A. 22-4901 through 22-4910 and amendments thereto.

1372 1997 Session Laws of Kansas Ch. 181

(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 aggre-
gate.

(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;

(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 section; or

(L) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ``sexually motivated'' means that one of the
purposes for which the defendant committed the crime was for the pur-
pose 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

Ch. 181 1997 Session Laws of Kansas 1373

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 of-
fense 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 postrelease su-
pervision 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 imprisonment, 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 el-
igible 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
probability that the inmate can be released without detriment to the com-
munity 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
believes that the inmate is able and willing to fulfill the obligations of a
law abiding citizen and is of the opinion that there is reasonable proba-
bility 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 hear-
ing, 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

1374 1997 Session Laws of Kansas Ch. 181

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 pre-
ceding 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 notification 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 sec-
tion 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 subsec-
tions (a), (b) and (c). At each parole hearing and, if parole is not granted,
at such intervals thereafter 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 circumstances 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
completed 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 postrelease 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 con-
ferencing format and shall interview the inmate unless impractical be-
cause of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody

Ch. 181 1997 Session Laws of Kansas 1375

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 in-
mate in writing of the reasons for not granting parole. If an agreement
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 sat-
isfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program participa-
tion. 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 cri-
teria established by the secretary of corrections.

(l) The Kansas parole board shall adopt rules and regulations in ac-
cordance with K.S.A. 77-415 et seq., and amendments thereto, not in-
consistent 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

1376 1997 Session Laws of Kansas Ch. 181

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 in-
mate or establishes conditions for an inmate placed on postrelease su-
pervision, the board:

(1) Unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order as a condition of parole or post-
release supervision that the parolee or the person on postrelease super-
vision pay any transportation expenses resulting from returning the pa-
rolee 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, con-
ditional release or postrelease supervision;

(2) to the extent practicable, shall order as a condition of parole or
postrelease supervision that the parolee or the person on postrelease su-
pervision make progress towards or successfully complete the equivalent
of a secondary education if the inmate has not previously completed such
educational equivalent and is capable of doing so; ~~and~~

(3) may order that the parolee or person on postrelease supervision
perform community or public service work for local governmental agen-
cies, private corporations organized not-for-profit or charitable or social
service organizations performing services for the community.;

(4) may order the parolee or person on postrelease supervision to pay
the administrative fee imposed pursuant to section 16 unless the board
finds compelling circumstances which would render payment unworkable;
and

(5) unless it finds compelling circumstances which would render a
plan of payment unworkable, shall order that the parolee or person on
postrelease supervision reimburse the state for all or part of the expend-
itures by the state board of indigents' defense services to provide counsel
and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of
the financial resources of the person and the nature of the burden that
the payment of such sum will impose. Such amount shall not exceed the
amount claimed by appointed counsel on the payment voucher for indi-
gents' defense services or the amount prescribed by the board of indigents'
defense services reimbursement tables as provided in K.S.A. 22-4522 and
amendments thereto, whichever is less, minus any previous payments for
such services.

(n) If the court which sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the Kansas parole board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal

Ch. 181 1997 Session Laws of Kansas 1377

entry unless the board finds compelling circumstances which would ren-
der a plan of restitution unworkable.

(o) Whenever the Kansas parole board grants the parole of an inmate,
the board, within 10 days of the date of the decision to grant parole, shall
give written notice of the decision to the county or district attorney of the
county where the inmate was sentenced.

(p) When an inmate is to be released on postrelease supervision, the
secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.

(q) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while
on postrelease supervision will vest.

(r) An inmate who is allocated regular good time credits as provided
in K.S.A. 22-3725 and amendments thereto may receive meritorious good
time credits in increments of not more than 90 days per meritorious act.
These credits may be awarded by the secretary of corrections when an
inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing
injury or death to a person, preventing the destruction of property or
taking actions which result in a financial savings to the state.

Sec. 21. On and after July 1, 1997, K.S.A. 22-3718, as amended by
section 6 of 1997 House Bill No. 2211, is hereby amended to read as
follows: 22-3718. Upon release, an inmate who has served the inmate's
maximum term or terms, less such work and good behavior credits as
have been earned, shall be subject to such written rules and conditions
as the Kansas parole board may impose, until the expiration of the max-
imum term or terms for which the inmate was sentenced or until the
inmate is otherwise discharged. If the court which sentenced an inmate
specified at the time of sentencing the amount and the recipient of any
restitution ordered as a condition of release pursuant to this section, the
parole board may set aside restitution as a condition of release payment
of restitution, if the board finds compelling circumstances which would
render a plan of restitution unworkable. If the court which sentenced an
inmate specified reimbursement of all or part of the expenditures by the
state board of indigents' defense services as a condition of release, the
parole board may set aside such reimbursement, if the board finds com-
pelling circumstances which would render a plan of reimbursement un-
workable. Prior to the release of any inmate on parole, conditional release
or expiration of sentence, if an inmate is released into the community
under a program under the supervision of the secretary of corrections,
the secretary shall give written notice of such release to any victim or
victim's family as provided in K.S.A. 22-3727, and amendments thereto.

Sec. 22. On and after July 1, 1997, K.S.A. 22-4504 is hereby

1378 1997 Session Laws of Kansas Ch. 181

amended to read as follows: 22-4504. (a) When any defendant who is
entitled to have the assistance of counsel, under the provisions of K.S.A.
22-4503 and amendments thereto, claims to be financially unable to em-
ploy counsel, the court shall require that the defendant file an affidavit
containing such information and in the form as prescribed by rules and
regulations adopted by the state board of indigents' defense services. The
affidavit filed by the defendant shall become a part of the permanent file
of the case. The court may interrogate the defendant under oath con-
cerning the contents of the affidavit and may direct the county or district
attorney, sheriff, marshal or other officer of the county to investigate and
report upon the financial condition of the defendant and may also require
the production of evidence upon the issue of the defendant's financial
inability to employ counsel.

(b) Upon the basis of the defendant's affidavit, the defendant's state-
ments under oath, and such other competent evidence as may be brought
to the attention of the court, which shall be made part of the record in
the case, the court shall determine whether the defendant is financially
unable to employ counsel. In making such determination the court shall
consider the defendant's assets and income; the amount needed for the
payment of reasonable and necessary expenses incurred, or which must
be incurred to support the defendant and the defendant's immediate
family; the anticipated cost of effective representation by employed coun-
sel; and any property which may have been transferred or conveyed by
the defendant to any person without adequate monetary consideration
after the commission of the alleged crime. If the defendant's assets and
income are not sufficient to cover the anticipated cost of effective rep-
resentation by employed counsel when the length and complexity of the
anticipated proceedings are taken fully into account, the defendant shall
be determined indigent in full or in part and the court shall appoint an
attorney as provided in K.S.A. 22-4503 and amendments thereto. If the
court determines that the defendant is financially able to employ counsel,
the court shall so advise the defendant and shall give the defendant a
reasonable opportunity to employ an attorney of the defendant's own
choosing. All determinations by a court as to whether a defendant is
financially unable to employ counsel shall be subject to and in accordance
with rules and regulations adopted by the state board of indigents' defense
services under this act.

(c) The court shall inform the defendant for whom counsel is ap-
pointed that the amount expended by the state in providing counsel and
other defense services may be entered as a judgment against the defen-
dant if the defendant is convicted and found to be financially able to pay
the amount, and that an action to recover such amount may be brought
against any person to whom the defendant may have transferred or con-
veyed any of the defendant's property without adequate monetary con-
sideration after the date of the commission of the alleged crime. A de-

Ch. 181 1997 Session Laws of Kansas 1379

termination by the court that the defendant is financially unable to employ
counsel or pay other costs of the defendant's defense may preclude a
recovery from the defendant but may not preclude recovery from any
person to whom the defendant may have transferred or conveyed any
property without adequate monetary consideration after the date of the
commission of the alleged crime.

(d) If found to be indigent in part, the defendant shall be promptly
informed of the terms under which the defendant may be expected to
pay for counsel. Any payments pursuant to such terms shall apply upon
any judgment entered pursuant to K.S.A. 22-4513 and amendments
thereto. Payments made for services of appointed counsel provided under
K.S.A. 22-4503 and amendments thereto shall be paid to the clerk of the
district court. The clerk of the district court shall remit all moneys re-
ceived as payment for services of appointed counsel under this section to
the state board of indigents' defense services at least monthly and the
board shall remit all moneys received under this section to the state treas-
urer at least monthly. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount thereof in the state treasury to
the credit of the state general fund.

(e) The determination that a defendant is indigent or partially indi-
gent shall be subject to review at any time by any court before whom the
cause is then pending.

(f) The state board of indigents' defense services shall adopt rules
and regulations in accordance with K.S.A. 77-415 et seq., and amend-
ments thereto, relating to the income, assets and anticipated costs of
representation for the purpose of determining whether a defendant is
financially able to employ counsel and the ability of a defendant to con-
tribute to the cost of the defendant's legal defense services.

Sec. 23. On and after July 1, 1997, K.S.A. 22-4513 is hereby
amended to read as follows: 22-4513. (a) Within 30 days after any ex-
penditure has been made by the state board of indigents' defense services
to provide counsel and other defense services to any defendant and such
defendant has been convicted, the state director of indigents' defense
services may send to the county or district attorney of the county where
the defendant was convicted a notice stating the name of the defendant
and the amount of the expenditure. The county or district attorney, in
such attorney's discretion, may petition the district court to require the
defendant to repay to the state all or a part of the amount expended by
the state board of indigents' defense services on behalf of such defendant.
Subject to the provisions of subsection (b), the procedure for the filing
of the petition and subsequent procedure to be followed in the action
shall be the same as in other civil actions pursuant to chapter 60 of the
Kansas Statutes Annotated, except that no docket fee shall be charged
for the filing of the petition. At the hearing on the petition the court shall

1380 1997 Session Laws of Kansas Ch. 181

determine whether or not the defendant is or will be able to repay all or
a part of the expenditures paid by the state board of indigents' defense
services on behalf of the defendant. If the defendant is convicted, all
expenditures made by the state board of indigents' defense services to
provide counsel and other defense services to such defendant or the
amount allowed by the board of indigents' defense reimbursement tables
as provided in K.S.A. 22-4522, and amendments thereto, whichever is
less, shall be taxed against the defendant and shall be enforced as judg-
ments for payment of money in civil cases.

(b) In determining the amount and method of payment of such sum,
the court shall take account of the financial resources of the defendant
and the nature of the burden that payment of such sum will impose. A
defendant who has been required to pay such sum and who is not willfully
in default in the payment thereof may at any time petition the court which
sentenced the defendant to waive payment of such sum or of any unpaid
portion thereof. If it appears to the satisfaction of the court that payment
of the amount due will impose manifest hardship on the defendant or the
defendant's immediate family, the court may waive payment of all or part
of the amount due or modify the method of payment.

(c) Whenever any expenditure has been made by the state board of
indigents' defense services to provide counsel and other defense services
to any defendant judgment has been entered pursuant to subsection (a)
of this section, a sum equal to such ~~expenditure~~ judgment may be recov-
ered by the state of Kansas for the benefit of the state general fund from
any persons to whom the indigent defendant shall have transferred any
of the defendant's property without adequate monetary consideration af-
ter the commission of the alleged crime, to the extent of the value of such
transfer, and such persons are hereby made liable to reimburse the state
of Kansas ~~for such expenditures~~ with interest at 6% per annum. Any
action to recover judgment for such expenditures shall be prosecuted by
the attorney general, who may require the assistance of the county attor-
ney of the county in which the action is to be filed, and such action shall
be governed by the provisions of the code of civil procedure relating to
actions for the recovery of money. No action shall be brought against any
person under the provisions of this section to recover for sums expended
on behalf of an indigent defendant, unless such action shall have been
filed within two years after the date of the expenditure by the state board
of indigents' defense services.

Sec. 24. On and after July 1, 1997, K.S.A. 22-4522 is hereby
amended to read as follows: 22-4522. The state board of indigents' de-
fense services shall:

(a) Provide, supervise and coordinate, in the most efficient and eco-
nomical manner possible, the constitutionally and statutorily required

Ch. 181 1997 Session Laws of Kansas 1381

counsel and related services for each indigent person accused of a felony
and for such other indigent persons as prescribed by statute;

(b) establish, in each county or combination of counties designated
by the board, a system of appointed counsel, contractual arrangements
for providing contract counsel or public defender offices, or any combi-
nation thereof, on a full- or part-time basis, for the delivery of legal serv-
ices for indigent persons accused of felonies;

(c) approve an annual operating budget for the board and submit that
budget as provided in K.S.A. 75-3717, and amendments thereto;

(d) collect payments from indigent defendants as ordered by the court
by methods including, but not limited to, utilization of debt collection
procedures authorized by K.S.A. 75-6201 et seq., and amendments
thereto;

~~(d)~~ (e) adopt rules and regulations in accordance with K.S.A. 77-415
et seq., and amendments thereto, which are necessary for the operation
of the board and the performance of its duties and for the guidance of
appointed counsel, contract counsel and public defenders, including but
not limited to:

(1) Standards for entitlement to legal representation at public ex-
pense;

(2) standards and guidelines for compensation of appointed counsel
and investigative, expert and other services within the limits of appropri-
ations;

(3) criteria for employing contract counsel; ~~and~~

(4) qualifications, standards and guidelines for public defenders, ap-
pointed counsel and contract counsel; and

(5) adopt and maintain reimbursement tables which set forth the cost
to the board of indigents' defense services for each separate category of
service provided;

~~(e)~~ (f) prepare and submit to the governor and legislature an annual
report on the operations of the board; and

~~(f)~~ (g) hold a hearing before changing the system for providing legal
services for indigent persons accused of felonies in any county or judicial
district if such a hearing is requested by two or more members of the
board.

Sec. 25. On and after July 1, 1997, K.S.A. 1996 Supp. 75-719 is
hereby amended to read as follows: 75-719. (a) The attorney general is
authorized to enter into contracts in accordance with this section for col-
lection services for debts owed to courts or restitution owed under an
order of restitution.

(b) As used in this section:

(1) ``Beneficiary under an order of restitution'' means the victim or
victims of a crime to whom a district court has ordered restitution be
paid;

1382 1997 Session Laws of Kansas Ch. 181

(2) ``contracting agent'' means a person, firm, agency or other entity
who contracts hereunder to provide collection services;

(3) ``cost of collection'' means the fee specified in contracts hereunder
to be paid to or retained by a contracting agent for collection services.
``Cost of collection'' also includes any filing fee required under K.S.A. 60-
4303 and amendments thereto or administrative costs prescribed by the
attorney general pursuant to rules and regulations; and

(4) ``debts owed to courts'' means any assessment of court costs, fines,
fees, moneys expended by the state in providing counsel and other defense
services to indigent defendants or other charges which a district court
judgment has ordered to be paid to the court, and which remain unpaid
in whole or in part, and includes any interest or penalties on such unpaid
amounts as provided for in the judgment or by law. Debts owed to courts
also includes the cost of collection when collection services of a contract-
ing agent hereunder are utilized.

(c) (1) Contracts authorized by this section may be entered into with
state or federal agencies or political subdivisions of the state of Kansas,
including contracts for participation in the collection program authorized
by K.S.A. 75-6201 et seq. and amendments thereto. Such contracts also
may be entered into with private firms or individuals selected by a pro-
curement negotiation committee in accordance with K.S.A. 75-37,102
and amendments thereto, except that the attorney general shall designate
a representative to serve as the chief administrative officer member of
such committee and that the other two members of such committee shall
be designated by the director of purchases and the judicial administrator.

(2) Prior to negotiating any contract for collection services, this pro-
curement negotiation committee shall advertise for proposals, negotiate
with firms and individuals submitting proposals and select among those
submitting such proposals the party or parties to contract with for the
purpose of collection services.

(3) The attorney general may adopt rules and regulations as deemed
appropriate for the administration of this section, including procedures
to be used in the negotiation and execution of contracts pursuant to this
section and procedures to be followed by those who utilize collection
services under such contracts.

(4) For purposes of this section, the agencies, firms or individuals
with whom contracts are entered under this section shall be known as
contracting agents. The attorney general shall publish a list of the con-
tracting agents for use by courts or beneficiaries under orders of resti-
tution who desire to utilize the collection services of such agents.

(5) Each contract entered pursuant to this section shall provide for a
fee to be paid to or retained by the contracting agent for collection serv-
ices. Such fee shall be designated as the cost of collection hereunder, and
shall not exceed 33% of the amount of the debt to be collected. The cost

Ch. 181 1997 Session Laws of Kansas 1383

of collection shall be deducted from the amount collected and shall not
be in addition to the debts owed to courts or restitution.

(d) Judicial districts of the state of Kansas are authorized to utilize
the collection services of contracting agents pursuant to this section for
the purpose of collecting all outstanding debts owed to courts. Subject to
rules and orders of the Kansas supreme court, each judicial district may
establish by local rule guidelines for the compromise of court costs, fines,
attorney fees and other charges assessed in district court cases.

(e) Any beneficiary under an order of restitution entered by a court
after this section takes effect is authorized to utilize the collection services
of contracting agents pursuant to this section for the purpose of collecting
all outstanding amounts owed under such order of restitution.

(f) Contracts entered hereunder shall provide for the payment of any
amounts collected to the clerk of the district court for the court in which
the debt being collected originated. In accounting for amounts collected
from any person pursuant to this section, the district court clerk shall
credit the person's amount owed in the amount of the gross proceeds
collected and shall reduce the amount owed by any person by that portion
of any payment which constitutes the cost of collection pursuant to this
section.

(g) With the appropriate cost of collection paid to the contracting
agent as agreed upon in the contract hereunder, the clerk shall then
distribute amounts collected hereunder as follows:

(1) When collection services are utilized pursuant to subsection (d),
all amounts shall be applied against the debts owed to the court as spec-
ified in the original judgment creating the debt;

(2) when collection services are utilized pursuant to subsection (e),
all amounts shall be paid to the beneficiary under the order of restitution
designated to receive such restitution, except where that beneficiary has
received recovery from the Kansas crime victims compensation board and
such board has subrogation rights pursuant to K.S.A. 74-7312 and amend-
ments thereto, in which case all amounts shall be paid to the board until
its subrogation lien is satisfied.

(h) Whenever collection services are being utilized against the same
debtor pursuant to both subsections (d) and (e), any amounts collected
by a contracting agent shall be first applied to satisfy subsection (e) debts,
debts pursuant to an order of restitution. Upon satisfaction of all such
debts, amounts received from the same debtor shall then be applied to
satisfy subsection (d) debts, debts owed to courts.

Sec. 26. K.S.A. 21-4110 is hereby repealed.

Sec. 27. On and after July 1, 1997, K.S.A. 21-4603, 21-4610, 22-3212,
22-3718, as amended by section 6 of 1997 House Bill No. 2211, 22-4504,
22-4505, 22-4506, 22-4513, 22-4522, 22-4901, 22-4902, 22-4905, 22-
4906, 22-4908 and 22-4909 and K.S.A. 1996 Supp. 21-4603d, as amended

1384 1997 Session Laws of Kansas Ch. 181

by section 1 of 1997 House Bill No. 2049, 21-4705, 22-3717, as amended
by section 5 of 1997 House Bill No. 2211, 22-4904, 22-4907, 45-221, as
amended by section 44 of 1997 House Bill No. 2105, 45-221d and 75-
719 are hereby repealed.

Sec. 28. 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 29, 1997.