Brief ⁽¹⁾

SB 27 amends a law dealing with transfer of custody of offenders from sheriffs to the Kansas Secretary of Corrections to delete references to specific correctional institutions where offenders must be delivered and provide instead that the delivery is to be to the facility designated by the Secretary.

The bill further provides that all offenders shall be transported by the sheriff regardless of whether the prison portion of the offender's sentence has been served, unless the record of the offender's trial and conviction causes the sheriff to believe that the offender has fully served both the prison portion and postrelease supervision obligation of the sentence or sentences imposed. The sheriff may provide certified copies of the record to the Secretary prior to the sheriff's conveyance of the offender. If the Secretary determines that the offender's sentence has been fully served, the Secretary shall cause the issuance of a certificate of discharge of the offender from the sentence or sentences. The issuance of a certificate of discharge shall relieve the sheriff of the obligation to convey the offender to the Secretary.

The Senate Committee of the Whole added a technical amendment substituting "detainer" for "copy of the records."

Background

The bill was requested by the Kansas Department of Corrections as a needed clarification of the law. The Senate Committee amendments were technical in nature. The amendment regarding offenders whose records show their sentence has been fully served was requested by the Johnson County Sheriff.

The bill has no fiscal impact on the state.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi