92             1997 Session Laws of Kansas             Ch. 34

An Act concerning crimes and punishment; relating to authorized dispositions; concerning
county defense costs; amending K.S.A. 1996 Supp. 21-4603d and repealing the existing
section.

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

Section 1. K.S.A. 1996 Supp. 21-4603d is hereby amended to read
as follows: 21-4603d. (a) Whenever any person has been found guilty of
a crime, the court may adjudge any of the following:

(1) Commit the defendant to the custody of the secretary of 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;

(8) order the defendant to repay the amount of any reward paid by
any crime stoppers chapter, individual, corporation or public entity which

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

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

In addition to any of the above, the court shall order the defendant to
reimburse the county general fund for all or a part of the expenditures by
the county to provide counsel and other defense services to the defendant.
Any such reimbursement to the county shall be paid only after any order
for restitution has been paid in full. In determining the amount and
method of payment of such sum, the court shall take account of the fi-
nancial 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,

94             1997 Session Laws of Kansas             Ch. 34

the court may waive payment of all or part of the amount due or modify
the method of payment.

In imposing a fine the court may authorize the payment thereof in
installments. In 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.

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.

(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.

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(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.

Sec. 2. K.S.A. 1996 Supp. 21-4603d is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 31, 1997.