Senate Substitute for HOUSE BILL No. 2010
AN ACT concerning crimes, punishment and criminal procedure; relating to trials;
updating a statutory cross reference related to persons found not guilty by reason of
mental disease or defect; pertaining to housing, jury instructions and annual hearings
on continued commitment; relating to criminal discharge of a firearm; increasing the
penalty for violations when a person was present in the dwelling, building, structure
or motor vehicle at which the offender discharged a firearm; enacting the reduce
armed violence act; increasing criminal penalties for certain violations of criminal
possession of a weapon by a convicted felon that involve firearms; relating to
sentencing; allowing certain nondrug offenders to participate in a certified drug abuse
treatment program; relating to postrelease supervision; providing that such term does
not toll except as provided by law; amending K.S.A. 12-736 and K.S.A. 2022 Supp.
21-6308, 21-6804, 21-6824, 22-3428, 22-3428a and 22-3722 and repealing the
existing sections.
WHEREAS, The provisions of K.S.A. 2022 Supp. 21-6804(z), as
amended by this act, shall be known as the reduce armed violence act.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-736 is hereby amended to read as follows:
12-736. (a) It is hereby declared to be the policy of the state of Kansas
that persons with a disability shall not be excluded from the benefits of
single family residential surroundings by any municipal zoning
ordinance, resolution or regulation.
(b) For the purpose of this act:
(1) "Group home" means any dwelling occupied by not more than
10 persons, including eight or fewer persons with a disability who need
not be related by blood or marriage and not to exceed two staff
residents who need not be related by blood or marriage to each other or
to the residents of the home, which dwelling is licensed by a regulatory
agency of this state;
(2) "municipality" means any township, city or county located in
Kansas;
(3) "disability" means, with respect to a person:
(A) A physical or mental impairment that substantially limits one
or more of such person's major life activities;
(B) a record of having such an impairment; or
(C) being regarded as having such an impairment. Such term does
not include current, illegal use of or addiction to a controlled substance,
as defined in section 102 of the controlled substance act, 21 U.S.C. §
802; and
(4) "licensed provider" means a person or agency who provides
mental health services and is licensed by:
(A) The Kansas department for aging and disability services
pursuant to K.S.A. 39-2001 et seq. or 65-425 et seq. or K.S.A. 39-2001
et seq., and amendments thereto; or
(B) the behavioral sciences regulatory board pursuant to K.S.A.
74-5301 et seq. or 75-5346 et seq. or 74-5301 et seq., and amendments
thereto; or
(C) the state board of healing arts pursuant to K.S.A. 65-2801 et
seq., and amendments thereto.
(c) (1) No mentally ill person shall be eligible for placement in a
group home unless such person has been evaluated by a licensed
provider and such provider determines that the mentally ill person is
not dangerous to others and is suitable for group-home placement. A
group home shall not be a licensed provider for the purposes of
evaluating or approving for placement a mentally ill person in a group
home.
(2) No person shall be eligible for placement in a group home if
such person is: (A) Assigned to a community corrections program or a
diversion program; (B) on parole from a correctional institution or on
probation for a felony offense; or (C) in a state mental institution
following a finding of mental disease or defect excluding criminal
responsibility, pursuant to K.S.A. 22-3220 and 22-3221, and
amendments thereto, and K.S.A. 2022 Supp. 21-5209, and amendments
thereto.
(d) No person shall be placed in a group home under this act
unless such dwelling is licensed as a group home by the Kansas Senate Substitue for HOUSE BILL No. 2010—page 2
department for aging and disability services or the department of health
and environment.
(e) No municipality shall prohibit the location of a group home in
any zone or area where single family dwellings are permitted. Any
zoning ordinance, resolution or regulation that prohibits the location of
a group home in such zone or area or that subjects group homes to
regulations not applicable to other single family dwellings in the same
zone or area is invalid. Notwithstanding the provisions of this act,
group homes shall be subject to all other regulations applicable to other
property and buildings located in the zone or area that are imposed by
any municipality through zoning ordinance, resolution or regulation, its
building regulatory codes, subdivision regulations or other
nondiscriminatory regulations.
(f) No person or entity shall contract or enter into a contract,
restrictive covenant, equitable servitude or such similar restriction that
would restrict group homes or their location in a manner inconsistent
with the provisions of subsection (e).
Sec. 2. K.S.A. 2022 Supp. 21-6308 is hereby amended to read as
follows: 21-6308. (a) Criminal discharge of a firearm is the:
(1) Reckless and unauthorized discharge of any firearm at:
(A) At A dwelling, building or structure in which there is a human
being, regardless of whether the person discharging the firearm knows
or has reason to know that there is a human being present;
(B) at a motor vehicle, in which there is a human being,
regardless of whether the person discharging the firearm knows or has
reason to know that there is a human being present; or
(C) an aircraft, watercraft, train, locomotive, railroad car, caboose,
rail-mounted work equipment or rolling stock or other means of
conveyance of persons, other than a motor vehicle, or property in
which there is a human being, regardless of whether the person
discharging the firearm knows or has reason to know that there is a
human being present;
(2) reckless and unauthorized discharge of any firearm at a
dwelling in which there is no human being; or
(3) discharge of any firearm:
(A) Upon any land or nonnavigable body of water of another,
without having obtained permission of the owner or person in
possession of such land; or
(B) upon or from any public road, public road right-of-way or
railroad right-of-way except as otherwise authorized by law.
(b) Criminal discharge of a firearm as defined in:
(1) Subsection (a)(1) is a:
(A) Severity level 7, person felony except as provided in
subsection (b)(1)(B) or (b)(1)(C);
(B) severity level 5, person felony if such criminal discharge
results in bodily harm to a person during the commission thereof; and
(C) severity level 3, person felony if such criminal discharge
results in great bodily harm to a person during the commission thereof;
or
(C) severity level 5, person felony if such criminal discharge
results in bodily harm to a person during the commission thereof;
(2) subsection (a)(2) is a severity level 8, person felony; and
(3) subsection (a)(3) is a class C nonperson misdemeanor.
(c) Subsection (a)(1) shall not apply if the act is a violation of
K.S.A. 2022 Supp. 21-5412(d), and amendments thereto.
(d) Subsection (a)(3) shall not apply to any of the following:
(1) Law enforcement officers, or any person summoned by any
such officers to assist in making arrests or preserving the peace while
actually engaged in assisting such officer;
(2) wardens, superintendents, directors, security personnel and
keepers of prisons, penitentiaries, jails and other institutions for the
detention of persons accused or convicted of crime, while acting within
the scope of their authority;
(3) members of the armed services or reserve forces of the United Senate Substitue for HOUSE BILL No. 2010—page 3
States or the national guard while in the performance of their official
duty;
(4) watchmen, while actually engaged in the performance of the
duties of their employment;
(5) private detectives licensed by the state to carry the firearm
involved, while actually engaged in the duties of their employment;
(6) detectives or special agents regularly employed by railroad
companies or other corporations to perform full-time security or
investigative service, while actually engaged in the duties of their
employment;
(7) the state fire marshal, the state fire marshal's deputies or any
member of a fire department authorized to carry a firearm pursuant to
K.S.A. 31-157, and amendments thereto, while engaged in an
investigation in which such fire marshal, deputy or member is
authorized to carry a firearm pursuant to K.S.A. 31-157, and
amendments thereto; or
(8) the United States attorney for the district of Kansas, the
attorney general, or any district attorney or county attorney, while
actually engaged in the duties of their employment or any activities
incidental to such duties; any assistant United States attorney if
authorized by the United States attorney for the district of Kansas and
while actually engaged in the duties of their employment or any
activities incidental to such duties; any assistant attorney general if
authorized by the attorney general and while actually engaged in the
duties of their employment or any activities incidental to such duties; or
any assistant district attorney or assistant county attorney if authorized
by the district attorney or county attorney by whom such assistant is
employed and while actually engaged in the duties of their employment
or any activities incidental to such duties.
Sec. 3. K.S.A. 2022 Supp. 21-6804 is hereby amended to read as
follows: 21-6804. (a) The provisions of this section shall be applicable
to the sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes: Senate Substitue for HOUSE BILL No. 2010—page 4 Senate Substitue for HOUSE BILL No. 2010—page 5
(b) Sentences expressed in the sentencing guidelines grid for
nondrug crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis
is the crime severity scale which classifies current crimes of conviction.
The grid's horizontal axis is the criminal history scale which classifies
criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided
in this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure
sentence. The appropriate punishment for a felony conviction should
depend on the severity of the crime of conviction when compared to all
other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that
the sentencing judge select the center of the range and reserve the upper
and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of
good time; and
(C) 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
pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block
below the dispositional line, the presumptive disposition shall be
nonimprisonment. 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 5-H, 5-I or 6-G, the court may
impose an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its
repeal, aggravated battery against a law enforcement officer committed
prior to July 1, 2006, or a violation of K.S.A. 2022 Supp. 21-5412(d),
and amendments thereto, aggravated assault against a law enforcement
officer, which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional
nonprison sentence as provided in subsection (q).
(h) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(i) (1) The sentence for the violation of the felony provision of
K.S.A. 2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4),
21-6412 and 21-6416, and amendments thereto, shall be as provided by
the specific mandatory sentencing requirements of that section and
shall not be subject to the provisions of this section or K.S.A. 2022
Supp. 21-6807, and amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 2022 Supp. 21-
6807, and amendments thereto, shall apply and the offender shall not be
subject to the mandatory sentence as provided in K.S.A. 2022 Supp.
21-5823, and amendments thereto.
(3) Notwithstanding the provisions of any other section, the term
of imprisonment imposed for the violation of the felony provision of
K.S.A. 2022 Supp. 21-5414(b)(3)(c)(1)(C), 21-5823(b)(3) and (b)(4), Senate Substitue for HOUSE BILL No. 2010—page 6
21-6412 and 21-6416, and amendments thereto, shall not be served in a
state facility in the custody of the secretary of corrections. Prior to
imposing any sentence pursuant to this subsection, the court may
consider assigning the defendant to a house arrest program pursuant to
K.S.A. 2022 Supp. 21-6609, and amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current
convicted crime carries a presumptive term of imprisonment shall be
double the maximum duration of the presumptive imprisonment term.
The sentence for any persistent sex offender whose current conviction
carries a presumptive nonprison term shall be presumed imprisonment
and shall be double the maximum duration of the presumptive
imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this
subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime,
as defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under subsection (j)(2)(A)(i)
clause (i) has at least one conviction for a sexually violent crime, as
defined in K.S.A. 22-3717, and amendments thereto, in this state or
comparable felony under the laws of another state, the federal
government or a foreign government; or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
prior to its repeal, or K.S.A. 2022 Supp. 21-5503, and amendments
thereto; and
(ii) at the time of the conviction under subsection (j)(2)(B)(i)
clause (i) has at least one conviction for rape in this state or comparable
felony under the laws of another state, the federal government or a
foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of
this subsection shall not apply to any person whose current convicted
crime is a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any
felony violation for the benefit of, at the direction of, or in association
with any criminal street gang, with the specific intent to promote,
further or assist in any criminal conduct by gang members, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any
organization, association or group of three or more persons, whether
formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, K.S.A.
2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009; and
(C) its members have a common name or common identifying
sign or symbol; and
(D) its members, individually or collectively, engage in or have
engaged in the commission, attempted commission, conspiracy to
commit or solicitation of two or more person felonies or felony
violations of article 57 of chapter 21 of the Kansas Statutes Annotated,
and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-
36a17, prior to their transfer, any felony violation of any provision of
the uniform controlled substances act prior to July 1, 2009, or any
substantially similar offense from another jurisdiction.
(l) Except as provided in subsection (o), the sentence for a
violation of K.S.A. 2022 Supp. 21-5807(a)(1), and amendments
thereto, or any attempt or conspiracy, as defined in K.S.A. 2022 Supp.
21-5301 and 21-5302, and amendments thereto, to commit such
offense, when such person being sentenced has a prior conviction for a
violation of K.S.A. 21-3715(a) or (b), prior to its repeal, 21-3716, prior
to its repeal, K.S.A. 2022 Supp. 21-5807(a)(1) or (a)(2) or 21-5807(b),
and amendments thereto, or any attempt or conspiracy to commit such Senate Substitue for HOUSE BILL No. 2010—page 7
offense, shall be presumptive imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A.
2022 Supp. 21-5913(a)(2), and amendments thereto, shall be
presumptive imprisonment. If an offense under such sections is
classified in grid blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose
an optional nonprison sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of
property, as defined in K.S.A. 2022 Supp. 21-5803, and amendments
thereto, when such property is a motor vehicle, and when such person
being sentenced has any combination of two or more prior convictions
of K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of
property, as defined in K.S.A. 2022 Supp. 21-5803, and amendments
thereto, when such property is a motor vehicle, shall be presumptive
imprisonment. Such sentence shall not be considered a departure and
shall not be subject to appeal.
(o) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, or
burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and amendments
thereto, when such person being sentenced has no prior convictions for
a violation of K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft
of property as defined in K.S.A. 2022 Supp. 21-5801, and amendments
thereto, or burglary as defined in K.S.A. 2022 Supp. 21-5807(a), and
amendments thereto; or the sentence for a felony violation of theft of
property as defined in K.S.A. 2022 Supp. 21-5801, and amendments
thereto, when such person being sentenced has one or two prior felony
convictions for a violation of K.S.A. 21-3701, 21-3715 or 21-3716,
prior to their repeal, or theft of property as defined in K.S.A. 2022
Supp. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 2022 Supp. 21-5807, and amendments
thereto; or the sentence for a felony violation of burglary as defined in
K.S.A. 2022 Supp. 21-5807(a), and amendments thereto, when such
person being sentenced has one prior felony conviction for a violation
of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of
property as defined in K.S.A. 2022 Supp. 21-5801, and amendments
thereto, or burglary or aggravated burglary as defined in K.S.A. 2022
Supp. 21-5807, and amendments thereto, shall be the sentence as
provided by this section, except that the court may order an optional
nonprison sentence for a defendant to participate in a drug treatment
program, including, but not limited to, an approved aftercare plan, if the
court makes the following findings on the record:
(1)(A) Substance abuse was an underlying factor in the
commission of the crime;
(2)(B) substance abuse treatment in the community is likely to be
more effective than a prison term in reducing the risk of offender
recidivism; and
(3)(C) participation in an intensive substance abuse treatment
program will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under
this subsection shall be supervised by community correctional services.
The provisions of K.S.A. 2022 Supp. 21-6824(f)(1), and amendments
thereto, shall apply to a defendant sentenced under this subsection. The
sentence under this subsection shall not be considered a departure and
shall not be subject to appeal.
(p) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 2022 Supp. 21-5801, and amendments thereto, when
such person being sentenced has any combination of three or more
prior felony convictions for violations of K.S.A. 21-3701, 21-3715 or
21-3716, prior to their repeal, or theft of property as defined in K.S.A.
2022 Supp. 21-5801, and amendments thereto, or burglary or
aggravated burglary as defined in K.S.A. 2022 Supp. 21-5807, and
amendments thereto; or the sentence for a violation of burglary as
defined in K.S.A. 2022 Supp. 21-5807(a), and amendments thereto,
when such person being sentenced has any combination of two or more
prior convictions for violations of K.S.A. 21-3701, 21-3715 and 21- Senate Substitue for HOUSE BILL No. 2010—page 8
3716, prior to their repeal, or theft of property as defined in K.S.A.
2022 Supp. 21-5801, and amendments thereto, or burglary or
aggravated burglary as defined in K.S.A. 2022 Supp. 21-5807, and
amendments thereto, shall be presumed imprisonment and the
defendant shall be sentenced to prison as provided by this section,
except that the court may recommend that an offender be placed in the
custody of the secretary of corrections, in a facility designated by the
secretary to participate in an intensive substance abuse treatment
program, upon making the following findings on the record:
(1)(A) Substance abuse was an underlying factor in the
commission of the crime;
(2)(B) substance abuse treatment with a possibility of an early
release from imprisonment is likely to be more effective than a prison
term in reducing the risk of offender recidivism; and
(3)(C) participation in an intensive substance abuse treatment
program with the possibility of an early release from imprisonment will
serve community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be
determined by the secretary of corrections, but shall be for a period of
at least four months. Upon the successful completion of such intensive
treatment program, the offender shall be returned to the court and the
court may modify the sentence by directing that a less severe penalty be
imposed in lieu of that originally adjudged within statutory limits. If the
offender's term of imprisonment expires, the offender shall be placed
under the applicable period of postrelease supervision. The sentence
under this subsection shall not be considered a departure and shall not
be subject to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is
a sentence which the court may impose, in lieu of the presumptive
sentence, upon making the following findings on the record:
(1)(A) 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)(B) the recommended treatment program is available and the
offender can be admitted to such program within a reasonable period of
time; or
(3)(C) the nonprison sanction will serve community safety
interests by promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an
optional nonprison sentence shall not be considered a departure and
shall not be subject to appeal.
(r) The sentence for a violation of K.S.A. 2022 Supp. 21-5413(c)
(2), and amendments thereto, shall be presumptive imprisonment and
shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(s) The sentence for a violation of K.S.A. 2022 Supp. 21-5512,
and amendments thereto, shall be presumptive imprisonment. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(t) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender wore or used ballistic resistant material in the
commission of, or attempt to commit, or flight from any felony, in
addition to the sentence imposed pursuant to the Kansas sentencing
guidelines act, the offender shall be sentenced to an additional 30
months' imprisonment.
(2) The sentence imposed pursuant to subsection (t)(1) paragraph
(1) shall be presumptive imprisonment and shall be served
consecutively to any other term or terms of imprisonment imposed.
Such sentence shall not be considered a departure and shall not be
subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means
any:
(A) Any Commercially produced material designed with the Senate Substitue for HOUSE BILL No. 2010—page 9
purpose of providing ballistic and trauma protection, including, but not
limited to, bulletproof vests and kevlar vests; and
(B) any homemade or fabricated substance or item designed with
the purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 2022 Supp. 21-6107,
and amendments thereto, or any attempt or conspiracy, as defined in
K.S.A. 2022 Supp. 21-5301 and 21-5302, and amendments thereto, to
commit such offense, when such person being sentenced has a prior
conviction for a violation of K.S.A. 21-4018, prior to its repeal, or
K.S.A. 2022 Supp. 21-6107, and amendments thereto, or any attempt or
conspiracy to commit such offense, shall be presumptive imprisonment.
Such sentence shall not be considered a departure and shall not be
subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-
1568, and amendments thereto, shall be presumptive imprisonment and
shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(w) The sentence for aggravated criminal damage to property as
defined in K.S.A. 2022 Supp. 21-5813(b), and amendments thereto,
when such person being sentenced has a prior conviction for any
nonperson felony shall be presumptive imprisonment. Such sentence
shall not be considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 2022 Supp. 21-5807(a)
(1), and amendments thereto, shall be presumptive imprisonment if the
offense under such paragraph is classified in grid blocks 7-C, 7-D or 7-
E. Such sentence shall not be considered a departure and shall not be
subject to appeal.
(y) (1) Except as provided in subsection (y)(3) paragraph (3), if
the trier of fact makes a finding beyond a reasonable doubt that an
offender committed a nondrug felony offense, or any attempt or
conspiracy, as defined in K.S.A. 2022 Supp. 21-5301 and 21-5302, and
amendments thereto, to commit a nondrug felony offense, against a law
enforcement officer, as defined in K.S.A. 2022 Supp. 21-5111(p)(1)
and (3), and amendments thereto, while such officer was engaged in the
performance of such officer's duty, or in whole or in any part because
of such officer's status as a law enforcement officer, the sentence for
such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in subsection (y)(1)(B)(ii) clause (ii), imprisonment
for life, and such offender shall not be eligible for probation or
suspension, modification or reduction of sentence. In addition, such
offender shall not be eligible for parole prior to serving 25 years'
imprisonment, and such 25 years' imprisonment shall not be reduced by
the application of good time credits. No other sentence shall be
permitted.
(ii) The provisions of subsection (y)(1)(B)(i) clause (i) requiring
the court to impose a mandatory minimum term of imprisonment of 25
years shall not apply if the court finds the offender, because of the
offender's criminal history classification, is subject to presumptive
imprisonment and the sentencing range exceeds 300 months. In such
case, the offender is required to serve a mandatory minimum term
equal to the sentence established pursuant to the sentencing range.
(2) The sentence imposed pursuant to subsection (y)(1) paragraph
(1) shall not be considered a departure and shall not be subject to
appeal.
(3) The provisions of this subsection shall not apply to an offense
described in subsection (y)(1) paragraph (1) if the factual aspect
concerning a law enforcement officer is a statutory element of such
offense.
(z) (1) Notwithstanding K.S.A. 2022 Supp. 21-5109(b)(2), and
amendments thereto, or any other provision of law to the contrary, the Senate Substitue for HOUSE BILL No. 2010—page 10
sentence for a violation of criminal possession of a weapon by a
convicted felon as defined in K.S.A. 2022 Supp. 21-6304, and
amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment
imposed if the trier of fact makes a finding beyond a reasonable doubt
that:
(A) The weapon the offender possessed during such violation was
a firearm; and
(B) such firearm was used by the offender during the commission
of any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal. No other
sentence shall be permitted.
(3) The provisions of this subsection shall not apply to an offender
who is prohibited from possessing a weapon pursuant to K.S.A. 2022
Supp. 21-6304, and amendments thereto, as a result of a juvenile
adjudication.
(4) As used in this subsection, "violent felony" means any of the
following:
(A) Capital murder, as defined in K.S.A. 2022 Supp. 21-5401, and
amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 2022 Supp. 21-
5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 2022 Supp.
21-5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 2022 Supp. 21-
5404, and amendments thereto;
(E) kidnapping, as defined in K.S.A. 2022 Supp. 21-5408(a)(1),
and amendments thereto, or aggravated kidnapping, as defined in
K.S.A. 2022 Supp. 21-5408(b), and amendments thereto;
(F) aggravated assault, as defined in K.S.A. 2022 Supp. 21-
5412(b)(1), and amendments thereto, and aggravated assault of a law
enforcement officer, as defined in K.S.A. 2022 Supp. 21-5412(d)(1),
and amendments thereto;
(G) aggravated battery, as defined in K.S.A. 2022 Supp. 21-
5413(b)(1)(A) or (b)(1)(B), and amendments thereto, and aggravated
battery against a law enforcement officer, as defined in K.S.A. 2022
Supp. 21-5413(d)(1) or (d)(2), and amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder
person, as defined in K.S.A. 2022 Supp. 21-5417(a)(1), and
amendments thereto;
(I) rape, as defined in K.S.A. 2022 Supp. 21-5503, and
amendments thereto;
(J) aggravated criminal sodomy, as defined in K.S.A. 2022 Supp.
21-5504(b), and amendments thereto;
(K) abuse of a child, as defined in K.S.A. 2022 Supp. 21-5602(a)
(1) or (a)(3), and amendments thereto;
(L) any felony offense described in K.S.A. 2022 Supp. 21-5703 or
21-5705, and amendments thereto;
(M) treason, as defined in K.S.A. 2022 Supp. 21-5901, and
amendments thereto;
(N) criminal discharge of a firearm, as defined in K.S.A. 2022
Supp. 21-6308(a)(1), and amendments thereto;
(O) fleeing or attempting to elude a police officer, as defined in
K.S.A. 8-1568(b), and amendments thereto;
(P) any felony that includes the domestic violence designation
pursuant to K.S.A. 2022 Supp. 22-4616, and amendments thereto; or
(Q) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 2022 Supp. 21-5301, 21-5302 and 21-5303, and amendments
thereto, of any felony offense defined in this subsection.
(aa) (1) The sentence for a violation of K.S.A. 2022 Supp. 21-
6308(a)(1)(A) or (a)(1)(B), and amendments thereto, if the trier of fact
makes a finding beyond a reasonable doubt that the offender
discharged a firearm and that the offender knew or reasonably should Senate Substitue for HOUSE BILL No. 2010—page 11
have known that:
(A) A person was present in the dwelling, building, structure or
motor vehicle at which the offender discharged a firearm, shall be
presumptive imprisonment and, in addition to the sentence imposed
pursuant to the Kansas sentencing guidelines act, the offender shall be
sentenced to an additional 60 months of imprisonment; and
(B) a person less than 14 years of age was present in the dwelling,
building, structure or motor vehicle at which the offender discharged a
firearm, shall be presumptive imprisonment and, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 120 months of
imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
Sec. 4. K.S.A. 2022 Supp. 21-6824 is hereby amended to read as
follows: 21-6824. (a) There is hereby established a nonprison sanction
of certified drug abuse treatment programs for certain offenders who
are sentenced on or after November 1, 2003. Placement of offenders in
certified drug abuse treatment programs by the court shall be limited to
placement of adult offenders, who meet the requirements of this
subsection.
(1) Offenders convicted of a felony violation of K.S.A. 2022
Supp. 21-5705 or 21-5706, and amendments thereto, whose offense is
classified in grid blocks:
(1)(A) 5-C, 5-D, 5-E, 5-F, 5-G, 5-H or 5-I of the sentencing
guidelines grid for drug crimes and such offender has no felony
conviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164,
prior to their repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-
36a16, prior to their transfer, or K.S.A. 2022 Supp. 21-5703, 21-5705
or 21-5716, and amendments thereto, or any substantially similar
offense from another jurisdiction; or
(2)(B) 5-A, 5-B, 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing
guidelines grid for drug crimes, and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-
4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010
Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or
K.S.A. 2022 Supp. 21-5703, 21-5705 or 21-5716, and amendments
thereto, or any substantially similar offense from another jurisdiction,
if;
(ii) the person felonies in the offender's criminal history were
severity level 8, 9 or 10 or nongrid offenses of the sentencing
guidelines grid for nondrug crimes,; and
(iii) the court finds and sets forth with particularity the reasons for
finding that the safety of the members of the public will not be
jeopardized by such placement in a drug abuse treatment program.
(2) Offenders convicted of a nonperson felony whose offense is
classified in grid blocks:
(A) 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-I, 9-C, 9-D, 9-E, 9-F,
9-G, 9-H, 9-I, 8-C, 8-D, 8-E, 8-F, 8-G, 8-H, 8-I, 7-C, 7-D, 7-E, 7-F, 7-
G, 7-H or 7-I of the sentencing guidelines grid for nondrug crimes and
such offender has no felony conviction of K.S.A. 65-4142, 65-4159, 65-
4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010 Supp. 21-
36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A. 2022
Supp. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any
substantially similar offense from another jurisdiction; or
(B) 10-A, 10-B, 9-A, 9-B, 8-A, 8-B, 7-A or 7-B of the sentencing
guidelines grid for nondrug crimes and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-
4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010
Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or
K.S.A. 2022 Supp. 21-5703, 21-5705 or 21-5716, and amendments
thereto, or any substantially similar offense from another jurisdiction; Senate Substitue for HOUSE BILL No. 2010—page 12
(ii) the person felonies in the offender's criminal history were
severity level 8, 9 or 10 or nongrid offenses of the sentencing
guidelines grid for nondrug crimes; and
(iii) the court finds and sets forth with particularity the reasons
for finding that the safety of the members of the public will not be
jeopardized by such placement in a drug abuse treatment program.
(b) As a part of the presentence investigation pursuant to K.S.A.
2022 Supp. 21-6813, and amendments thereto, offenders who meet the
requirements of subsection (a), unless otherwise specifically ordered by
the court, shall be subject to:
(1) A drug abuse assessment which that shall include a clinical
interview with a mental health professional and a recommendation
concerning drug abuse treatment for the offender; and
(2) a criminal risk-need assessment. The criminal risk-need
assessment shall assign a risk status to the offender.
(c) If the offender is assigned a risk status as determined by the
drug abuse assessment performed pursuant to subsection (b)(1) and a
risk status as determined by the criminal risk-need assessment
performed pursuant to subsection (b)(2) that meets the criteria for
participation in a drug abuse treatment program as determined by the
Kansas sentencing commission, the sentencing court shall commit the
offender to treatment in a drug abuse treatment program until the court
determines the offender is suitable for discharge by the court. The term
of treatment shall not exceed 18 months. The court may extend the term
of probation, pursuant to K.S.A. 2022 Supp. 21-6608(c)(3), and
amendments thereto. The term of treatment may not exceed the term of
probation.
(d) (1) Offenders who are committed to a drug abuse treatment
program pursuant to subsection (c) shall be supervised by community
correctional services.
(2) Offenders who are not committed to a drug abuse treatment
program pursuant to subsection (c) shall be supervised by community
correctional services or court services based on the result of the
criminal risk assessment.
(3) If the offender is permitted to go from the judicial district of
the sentencing court, the court may, pursuant to K.S.A. 2022 Supp. 21-
6610, and amendments thereto:
(A) Transfer supervision of the offender from that judicial district
to another; and
(B) either transfer or retain jurisdiction of the offender.
(e) Placement of offenders under subsection (a)(2) (a)(1)(B) or (a)
(2)(B) shall be subject to the departure sentencing statutes of the
revised Kansas sentencing guidelines act.
(f) (1) Offenders in drug abuse treatment programs shall be
discharged from such program if the offender:
(A) Is convicted of a new felony; or
(B) has a pattern of intentional conduct that demonstrates the
offender's refusal to comply with or participate in the treatment
program, as established by judicial finding.
(2) Offenders who are discharged from such program shall be
subject to the revocation provisions of K.S.A. 2022 Supp. 21-6604(n),
and amendments thereto.
(g) As used in this section, "mental health professional" includes
licensed social workers, persons licensed to practice medicine and
surgery, licensed psychologists, licensed professional counselors or
registered alcohol and other drug abuse counselors licensed or certified
as addiction counselors who have been certified by the Kansas
sentencing commission to treat offenders pursuant to K.S.A. 75-52,144,
and amendments thereto.
(h) (1) Offenders who meet the requirements of subsection (a)
shall not be subject to the provisions of this section and shall be
sentenced as otherwise provided by law, if such offenders:
(A) Are residents of another state and are returning to such state
pursuant to the interstate corrections compact or the interstate compact Senate Substitue for HOUSE BILL No. 2010—page 13
for adult offender supervision;
(B) are not lawfully present in the United States and being
detained for deportation; or
(C) do not meet the risk assessment levels provided in subsection
(c).
(2) Such sentence shall not be considered a departure and shall not
be subject to appeal.
(i) The court may order an offender who otherwise does not meet
the requirements of subsection (c) to undergo one additional drug abuse
assessment while such offender is on probation. Such offender may be
ordered to undergo drug abuse treatment pursuant to subsection (a) if
such offender is determined to meet the requirements of subsection (c).
The cost of such assessment shall be paid by such offender.
Sec. 5. K.S.A. 2022 Supp. 22-3428 is hereby amended to read as
follows: 22-3428. (a) (1) When a defendant is acquitted and the jury
answers in the affirmative to the special question asked pursuant to
K.S.A. 22-3221, and amendments thereto, the defendant shall be
committed to the state security hospital or an appropriate secure facility
for safekeeping and treatment and the prosecuting attorney shall
provide victim notification. A finding of not guilty and the jury
answering in the affirmative to the special question asked pursuant to
K.S.A. 22-3221, and amendments thereto, shall be prima facie evidence
that the acquitted defendant is presently likely to cause harm to self or
others.
(2) Within 90 days of the defendant's admission, the chief medical
officer of the state security hospital or licensed psychologist at the
appropriate secure facility shall send to the court a written evaluation
report. Upon receipt of the report, the court shall set a hearing to
determine whether or not the defendant is currently a mentally ill
person. The hearing shall be held within 30 days after the receipt by the
court of the chief medical officer's report unless the court finds that
exceptional circumstances warrant delay of the hearing.
(3) The court shall give notice of the hearing to the chief medical
officer of the state security hospital or licensed psychologist at the
appropriate secure facility, the prosecuting attorney, the defendant and
the defendant's attorney. The prosecuting attorney shall provide victim
notification. The court shall inform the defendant that such defendant is
entitled to counsel and that counsel will be appointed to represent the
defendant if the defendant is not financially able to employ an attorney
as provided in K.S.A. 22-4503 et seq., and amendments thereto. The
defendant shall remain at the state security hospital pending the
hearing.
(4) At the hearing, the defendant shall have the right to present
evidence and cross-examine witnesses. At the conclusion of the
hearing, if the court finds by clear and convincing evidence that the
defendant is not currently a mentally ill person, the court shall dismiss
the criminal proceeding and discharge the defendant, otherwise the
court may commit the defendant to the state security hospital or an
appropriate secure facility for treatment or may place the defendant on
conditional release pursuant to subsection (d). The prosecuting attorney
shall provide victim notification regarding the outcome of the hearing.
(b) Subject to the provisions of subsection (c):
(1) Whenever it appears to the chief medical officer of the state
security hospital or a licensed psychologist at the appropriate secure
facility that a person committed under subsection (a)(4) is not likely to
cause harm to other persons in a less restrictive hospital environment,
the officer may transfer the person to any state hospital, subject to the
provisions of subsection (c). At any time subsequent thereto during
which such person is still committed to a state hospital, if the chief
medical officer of that hospital or the licensed psychologist at the
appropriate secure facility finds that the person may be likely to cause
harm or has caused harm, to others, such officer may transfer the
person back to the state security hospital.
(2) Any person committed under subsection (a)(4) may be granted Senate Substitue for HOUSE BILL No. 2010—page 14
conditional release or discharge as an involuntary patient.
(c) Before transfer of a person from the state security hospital or
appropriate secure facility pursuant to subsection (b)(1) or conditional
release or discharge of a person pursuant to subsection (b)(2), the chief
medical officer of the state security hospital or the state hospital where
the patient is under commitment or the licensed psychologist at the
appropriate secure facility shall give notice to the district court of the
county from which the person was committed that transfer of the
patient is proposed or that the patient is ready for proposed conditional
release or discharge. Such notice shall include, but not be limited to: (1)
Identification of the patient; (2) the course of treatment; (3) a current
assessment of the defendant's mental illness; (4) recommendations for
future treatment, if any; and (5) recommendations regarding conditional
release or discharge, if any. Upon receiving notice, the district court
shall order that a hearing be held on the proposed transfer, conditional
release or discharge. The court shall give notice of the hearing to the
appropriate secure facility, state hospital or state security hospital
where the patient is under commitment, to the prosecuting attorney of
the county from which the person was originally ordered committed.
The prosecuting attorney shall provide victim notification regarding the
hearing. The court shall order the involuntary patient to undergo a
mental evaluation by a person designated by the court. A copy of all
orders of the court shall be sent to the involuntary patient and the
patient's attorney. The report of the court ordered mental evaluation
shall be given to the prosecuting attorney, the involuntary patient and
the patient's attorney at least seven days prior to the hearing. The
hearing shall be held within 30 days after the receipt by the court of the
chief medical officer's notice unless the court finds that exceptional
circumstances warrant delay of the hearing. The involuntary patient
shall remain in the appropriate secure facility, state hospital or state
security hospital where the patient is under commitment until the
hearing on the proposed transfer, conditional release or discharge is to
be held. At the hearing, the court shall receive all relevant evidence,
including the written findings and recommendations of the chief
medical officer of the state security hospital or the state hospital or the
licensed psychologist of the appropriate secure facility where the
patient is under commitment, and shall determine whether the patient
shall be transferred to a less restrictive hospital environment or whether
the patient shall be conditionally released or discharged. The patient
shall have the right to present evidence at such hearing and to cross-
examine any witnesses called by the prosecuting attorney. At the
conclusion of the hearing, if the court finds by clear and convincing
evidence that the patient will not be likely to cause harm to self or
others if transferred to a less restrictive hospital environment, the court
shall order the patient transferred. If the court finds by clear and
convincing evidence that the patient is not currently a mentally ill
person, the court shall order the patient discharged or conditionally
released; otherwise, the court shall order the patient to remain in the
state security hospital or state hospital where the patient is under
commitment. If the court orders the conditional release of the patient in
accordance with subsection (d), the court may order as an additional
condition to the release that the patient continue to take prescribed
medication and report as directed to a person licensed to practice
medicine and surgery to determine whether or not the patient is taking
the medication or that the patient continue to receive periodic
psychiatric or psychological treatment. The prosecuting attorney shall
notify any victims of the outcome of the hearing.
(d) In order to ensure the safety and welfare of a patient who is to
be conditionally released and the citizenry of the state, the court may
allow the patient to remain in custody at a facility under the supervision
of the secretary for aging and disability services or the head of the
appropriate secure facility for a period of time not to exceed 45 days in
order to permit sufficient time for the secretary to prepare
recommendations to the court for a suitable reentry program for the Senate Substitue for HOUSE BILL No. 2010—page 15
patient and allow adequate time for the prosecuting attorney to provide
victim notification. The reentry program shall be specifically designed
to facilitate the return of the patient to the community as a functioning,
self-supporting citizen, and may include appropriate supportive
provisions for assistance in establishing residency, securing gainful
employment, undergoing needed vocational rehabilitation, receiving
marital and family counseling, and such other outpatient services that
appear beneficial. If a patient who is to be conditionally released will
be residing in a county other than the county where the district court
that ordered the conditional release is located, the court shall transfer
venue of the case to the district court of the other county and send a
copy of all of the court's records of the proceedings to the other court.
In all cases of conditional release the court shall:
(1) Order that the patient be placed under the temporary
supervision of district court probation and parole services, community
treatment facility or any appropriate private agency; and
(2) require as a condition precedent to the release that the patient
agree in writing to waive extradition in the event a warrant is issued
pursuant to K.S.A. 22-3428b, and amendments thereto.
(e) At any time during the conditional release period, a
conditionally released patient, through the patient's attorney, or the
prosecuting attorney of the county where the district court having
venue is located may file a motion for modification of the conditions of
release, and the court shall hold an evidentiary hearing on the motion
within 14 days of its filing. The court shall give notice of the time for
the hearing to the patient and the prosecuting attorney. If the court finds
from the evidence at the hearing that the conditional provisions of
release should be modified or vacated, it shall so order. If at any time
during the transitional period the designated medical officer or
supervisory personnel or the treatment facility informs the court that
the patient is not satisfactorily complying with the provisions of the
conditional release, the court, after a hearing for which notice has been
given to the prosecuting attorney and the patient, may make orders: (1)
For additional conditions of release designed to effect the ends of the
reentry program; (2) requiring the prosecuting attorney to file a petition
to determine whether the patient is a mentally ill person as provided in
K.S.A. 59-2957, and amendments thereto; or (3) requiring that the
patient be committed to the appropriate secure facility, state security
hospital or any state hospital. In cases where a petition is ordered to be
filed, the court shall proceed to hear and determine the petition
pursuant to the care and treatment act for mentally ill persons and that
act shall apply to all subsequent proceedings. If a patient is committed
to any state hospital pursuant to this act the prosecuting attorney shall
provide victim notification. The costs of all proceedings, the mental
evaluation and the reentry program authorized by this section shall be
paid by the county from which the person was committed.
(f) In any case in which the defense that the defendant lacked the
required mental state pursuant to K.S.A. 22-3220 2022 Supp. 21-5209,
and amendments thereto, is relied on, the court shall instruct the jury on
the substance of this section.
(g) As used in this section and K.S.A. 22-3428a, and amendments
thereto:
(1) "Likely to cause harm to self or others" means that the person
is likely, in the reasonably foreseeable future, to cause substantial
physical injury or physical abuse to self or others or substantial damage
to another's property, or evidenced by behavior causing, attempting or
threatening such injury, abuse or neglect.
(2) "Mentally ill person" means any person who:
(A) Is suffering from a severe mental disorder to the extent that
such person is in need of treatment; and
(B) is likely to cause harm to self or others.
(3) "Treatment facility" means any mental health center or clinic,
psychiatric unit of a medical care facility, psychologist, physician or
other institution or individual authorized or licensed by law to provide Senate Substitue for HOUSE BILL No. 2010—page 16
either inpatient or outpatient treatment to any patient.
Sec. 6. K.S.A. 2022 Supp. 22-3428a is hereby amended to read as
follows: 22-3428a. (1) (a) Any person found not guilty, pursuant to
K.S.A. 22-3220 and 22-3221, and amendments thereto, and K.S.A.
2022 Supp. 21-5209, and amendments thereto, who remains in the state
security hospital or a state hospital for over one year pursuant to a
commitment under K.S.A. 22-3428, and amendments thereto, shall be
entitled annually to request a hearing to determine whether or not the
person continues to be a mentally ill person. The request shall be made
in writing to the district court of the county where the person is
hospitalized and shall be signed by the committed person or the
person's counsel. When the request is filed, the court shall give notice
of the request to: (a) (1) The county or district attorney of the county in
which the person was originally ordered committed; and (b) (2) the
chief medical officer of the state security hospital or state hospital
where the person is committed. The chief medical officer receiving the
notice, or the officer's designee, shall conduct a mental examination of
the person and shall send to the district court of the county where the
person is hospitalized and to the county or district attorney of the
county in which the person was originally ordered committed a report
of the examination within 21 days from the date when notice from the
court was received. Within 14 days after receiving the report of the
examination, the county or district attorney receiving it may file a
motion with the district court that gave the notice, requesting the court
to change the venue of the hearing to the district court of the county in
which the person was originally committed, or the court that gave the
notice on its own motion may change the venue of the hearing to the
district court of the county in which the person was originally
committed. Upon receipt of that motion and the report of the mental
examination or upon the court's own motion, the court shall transfer the
hearing to the district court specified in the motion and send a copy of
the court's records of the proceedings to that court.
(2)(b) After the time in which a change of venue may be requested
has elapsed, the court having venue shall set a date for the hearing,
giving notice thereof to the county or district attorney of the county, the
committed person and the person's counsel. The county or district
attorney shall provide victim notification. If there is no counsel of
record, the court shall appoint a counsel for the committed person. The
committed person shall have the right to procure, at the person's own
expense, a mental examination by a physician or licensed psychologist
of the person's own choosing. If a committed person is financially
unable to procure such an examination, the aid to indigent defendants
provisions of article 45 of chapter 22 of the Kansas Statutes Annotated,
and amendments thereto, shall be applicable to that person. A
committed person requesting a mental examination pursuant to K.S.A.
22-4508, and amendments thereto, may request a physician or licensed
psychologist of the person's own choosing and the court shall request
the physician or licensed psychologist to provide an estimate of the cost
of the examination. If the physician or licensed psychologist agrees to
accept compensation in an amount in accordance with the
compensation standards set by the board of supervisors of panels to aid
indigent defendants, the judge shall appoint the requested physician or
licensed psychologist; otherwise, the court shall designate a physician
or licensed psychologist to conduct the examination. Copies of each
mental examination of the committed person shall be filed with the
court at least seven days prior to the hearing and shall be supplied to
the county or district attorney receiving notice pursuant to this section
and the committed person's counsel.
(3)(c) At the hearing the committed person shall have the right to
present evidence and cross-examine the witnesses. The court shall
receive all relevant evidence, including the written findings and
recommendations of the chief medical officer of the state security
hospital or state hospital where the person is under commitment, and
shall determine whether the committed person continues to be a Senate Substitue for HOUSE BILL No. 2010—page 17
mentally ill person. At the hearing the court may make any order that a
court is empowered to make pursuant to subsections (3), (4) and (5) of
K.S.A. 22-3428(c), (d) and (e), and amendments thereto. If the court
finds by clear and convincing evidence the committed person is not a
mentally ill person, the court shall order the person discharged;
otherwise, the person shall remain committed or be conditionally
released. The county or district attorney shall provide victim
notification regarding the outcome of the hearing.
(4)(d) Costs of a hearing held pursuant to this section shall be
assessed against and paid by the county in which the person was
originally ordered committed.
Sec. 7. K.S.A. 2022 Supp. 22-3722 is hereby amended to read as
follows: 22-3722. (a) The period served on parole or conditional
release shall be deemed service of the term of confinement, and, subject
to the provisions contained in K.S.A. 75-5217, and amendments
thereto, relating to an inmate who is a fugitive from or has fled from
justice, the total time served may not exceed the maximum term or
sentence. The period served on postrelease supervision shall vest in and
be subject to the provisions contained in K.S.A. 75-5217, and
amendments thereto, relating to an inmate who is a fugitive from or has
fled from justice. The service of the postrelease supervision period
shall not toll except as provided by K.S.A. 75-5217, and amendments
thereto. The total time served shall not exceed the postrelease
supervision period established at sentencing.
(b) When an inmate on parole or conditional release has
performed the obligations of the release for such time as shall satisfy
the prisoner review board that final release is not incompatible with the
best interest of society and the welfare of the individual, the board may
make a final order of discharge and issue a certificate of discharge to
the inmate but no such order of discharge shall be made in any case
within a period of less than one year after the date of release except
where the sentence expires earlier thereto. When an inmate has reached
the end of the postrelease supervision period, the board shall issue a
certificate of discharge to the releasee. Such discharge, and the
discharge of an inmate who has served the inmate's term of
imprisonment, shall have the effect of restoring all civil rights lost by
operation of law upon commitment, and the certification of discharge
shall so state. Nothing herein contained shall be held to impair the
power of the governor to grant a pardon or commutation of sentence in
any case. Senate Substitue for HOUSE BILL No. 2010—page 18
Sec. 8. K.S.A. 12-736 and K.S.A. 2022 Supp. 21-6308, 21-6804,
21-6824, 22-3428, 22-3428a and 22-3722 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.