KS
Kansas House Bill HB2068

Kansas 2023-2024 Regular Session

Kansas House Bill HB2068 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2068
33 By Committee on Corrections and Juvenile Justice
44 1-18
55 AN ACT concerning crimes, punishment and criminal procedure; relating
66 to sentencing; multiple sentences for persons convicted of a new crime;
77 modifying how certain prior convictions are counted for the special
88 sentencing rule related to possession of a controlled substance;
99 amending K.S.A. 2022 Supp. 21-6606 and 21-6805 and repealing the
1010 existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2022 Supp. 21-6606 is hereby amended to read as
1313 follows: 21-6606. (a) When separate sentences of imprisonment for
1414 different crimes are imposed on a defendant on the same date, including
1515 sentences for crimes for which suspended sentences, probation or
1616 assignment to a community correctional services program have been
1717 revoked, such sentences shall run concurrently or consecutively, as the
1818 court directs. Whenever the record is silent as to the manner in which two
1919 or more sentences imposed at the same time shall be served, they shall be
2020 served concurrently, except as otherwise provided in subsections (c), (d)
2121 and (e).
2222 (b) Any person who is convicted and sentenced for a crime
2323 committed while on probation, assignment to a community correctional
2424 services program, parole or conditional release for a misdemeanor shall
2525 serve the sentence concurrently with or consecutively to the term or terms
2626 under which the person was on probation, assigned to a community
2727 correctional services program or on parole or conditional release, as the
2828 court directs.
2929 (c) Any person who is convicted and sentenced for a crime
3030 committed while on probation, assigned to a community correctional
3131 services program, on parole, on conditional release or on postrelease
3232 supervision for a felony shall serve the sentence consecutively to the term
3333 or terms under which the person was on probation, assigned to a
3434 community correctional services program or on parole or conditional
3535 release.
3636 (d) Any person who is convicted and sentenced for a crime
3737 committed while on release for a felony pursuant to article 28 of chapter
3838 22 of the Kansas Statutes Annotated, and amendments thereto, shall serve
3939 the sentence concurrently or consecutively to the term or terms under
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7676 which the person was released, as the court directs.
7777 (e) (1) Any person who is convicted and sentenced for a crime
7878 committed while such person is incarcerated and serving a sentence for a
7979 felony in any place of incarceration shall serve the sentence consecutively
8080 to the term or terms under which the person was incarcerated.
8181 (2) If a person is sentenced to prison for a crime committed on or
8282 after July 1, 1993, while the person was imprisoned for an offense
8383 committed prior to July 1, 1993, and the person is not eligible for the
8484 retroactive application of the sentencing guidelines act, the new sentence
8585 shall not be aggregated with the old sentence but shall begin when the
8686 person is paroled or reaches the conditional release date on the old
8787 sentence, whichever is earlier. If the offender was past the offender's
8888 conditional release date at the time the new offense was committed, the
8989 new sentence shall not be aggregated with the old sentence but shall begin
9090 when the person is ordered released by the prisoner review board or
9191 reaches the maximum sentence date on the old sentence, whichever is
9292 earlier. The new sentence shall then be served as otherwise provided by
9393 law. The period of post incarceration supervision shall be based on the
9494 longest term of post incarceration supervision imposed for all crimes upon
9595 which sentence was imposed or until discharged from supervision by the
9696 prisoner review board. The term of post incarceration supervision imposed
9797 by this paragraph shall apply retroactively to crimes committed prior to
9898 July 1, 2008.
9999 (3) As used in this subsection, "post incarceration supervision"
100100 includes parole and postrelease supervision.
101101 (f) The provisions of this subsection relating to parole eligibility shall
102102 be applicable to persons convicted of crimes committed prior to January 1,
103103 1979, but shall be applicable to persons convicted of crimes committed on
104104 or after that date only to the extent that the terms of this subsection are not
105105 in conflict with the provisions of K.S.A. 22-3717, and amendments
106106 thereto. In calculating the time to be served on concurrent and consecutive
107107 sentences, the following rules shall apply:
108108 (1) When indeterminate terms run concurrently, the shorter minimum
109109 terms merge in and are satisfied by serving the longest minimum term and
110110 the shorter maximum terms merge in and are satisfied by conditional
111111 release or discharge on the longest maximum term if the terms are imposed
112112 on the same date.
113113 (2) When concurrent terms are imposed on different dates,
114114 computation will be made to determine which term or terms require the
115115 longest period of imprisonment to reach parole eligibility, conditional
116116 release and maximum dates, and that sentence will be considered the
117117 controlling sentence. The parole eligibility date may be computed and
118118 projected on one sentence and the conditional release date and maximum
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162162 may be computed and projected from another to determine the controlling
163163 sentence.
164164 (3) When indeterminate terms imposed on the same date are to be
165165 served consecutively, the minimum terms are added to arrive at an
166166 aggregate minimum to be served equal to the sum of all minimum terms
167167 and the maximum terms are added to arrive at an aggregate maximum
168168 equal to the sum of all maximum terms.
169169 (4) When indeterminate sentences are imposed to be served
170170 consecutively to sentences previously imposed in any other court or the
171171 sentencing court, the aggregated minimums and maximums shall be
172172 computed from the effective date of the subsequent sentences which that
173173 have been imposed as consecutive. For the purpose of determining the
174174 sentence begins date and the parole eligibility and conditional release
175175 dates, the inmate shall be given credit on the aggregate sentence for time
176176 spent imprisoned on the previous sentences, but not exceeding an amount
177177 equal to the previous minimum sentence less the maximum amount of
178178 good time credit that could have been earned on the minimum sentence.
179179 For the purpose of computing the maximum date, the inmate shall be given
180180 credit for all time spent imprisoned on the previous sentence. This method
181181 for computation of the maximum sentence shall be utilized for all
182182 sentences computed pursuant to this subsection after July 1, 1983. Nothing
183183 in this subsection (f)(4) paragraph shall affect the authority of the prisoner
184184 review board to determine the parole eligibility of inmates pursuant to
185185 subsection (d) of K.S.A. 22-3717(d), and amendments thereto.
186186 (5) When consecutive sentences are imposed which that are to be
187187 served consecutive to sentences for which a prisoner has been on
188188 probation, assigned to a community correctional services program, on
189189 parole or on conditional release, the amount of time served on probation,
190190 on assignment to a community correctional services program, on parole or
191191 on conditional release shall not be credited as service on the aggregate
192192 sentence in determining the parole eligibility, conditional release and
193193 maximum dates, except that credit shall be given for any amount of time
194194 spent in a residential facility while on probation or assignment to a
195195 community correctional residential services program.
196196 (g) When a definite and an indefinite term run consecutively, the
197197 period of the definite term is added to both the minimum and maximum of
198198 the indeterminate term and both sentences are satisfied by serving the
199199 indeterminate term. The provisions of this subsection shall not apply to
200200 crimes committed on or after July 1, 1993.
201201 (h) When a defendant is sentenced in a state court and is also under
202202 sentence from a federal court or other state court or is subject to sentence
203203 in a federal court or other state court for an offense committed prior to the
204204 defendant's sentence in a Kansas state court, the court may direct that
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248248 custody of the defendant may be relinquished to federal or other state
249249 authorities and that such state sentences as are imposed may run
250250 concurrently with any federal or other state sentence imposed.
251251 Sec. 2. K.S.A. 2022 Supp. 21-6805 is hereby amended to read as
252252 follows: 21-6805. (a) The provisions of this section shall be applicable to
253253 the sentencing guidelines grid for drug crimes. The following sentencing
254254 guidelines grid for drug crimes shall be applicable to felony crimes under
255255 K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto,
256256 except as otherwise provided by law:
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267267 (b) Sentences expressed in the sentencing guidelines grid for drug
268268 crimes in subsection (a) represent months of imprisonment.
269269 (c) (1) The sentencing court has discretion to sentence at any place
270270 within the sentencing range. In the usual case it is recommended that the
271271 sentencing judge select the center of the range and reserve the upper and
272272 lower limits for aggravating and mitigating factors insufficient to warrant a
273273 departure. The sentencing court shall not distinguish between the
274274 controlled substances cocaine base (9041L000) and cocaine hydrochloride
275275 (9041L005) when sentencing within the sentencing range of the grid
276276 block.
277277 (2) In presumptive imprisonment cases, the sentencing court shall
278278 pronounce the complete sentence which shall include the:
279279 (A) Prison sentence;
280280 (B) maximum potential reduction to such sentence as a result of good
281281 time; and
282282 (C) period of postrelease supervision at the sentencing hearing.
283283 Failure to pronounce the period of postrelease supervision shall not negate
284284 the existence of such period of postrelease supervision.
285285 (3) In presumptive nonprison cases, the sentencing court shall
286286 pronounce the prison sentence as well as the duration of the nonprison
287287 sanction at the sentencing hearing.
288288 (d) Each grid block states the presumptive sentencing range for an
289289 offender whose crime of conviction and criminal history place such
290290 offender in that grid block. If an offense is classified in a grid block below
291291 the dispositional line, the presumptive disposition shall be
292292 nonimprisonment. If an offense is classified in a grid block above the
293293 dispositional line, the presumptive disposition shall be imprisonment. If an
294294 offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the
295295 court may impose an optional nonprison sentence as provided in
296296 subsection (q) of K.S.A. 2022 Supp. 21-6804(q), and amendments thereto.
297297 (e) The sentence for a second or subsequent conviction for unlawful
298298 manufacturing of a controlled substance, K.S.A. 65-4159, prior to its
299299 repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 2022
300300 Supp. 21-5703, and amendments thereto, or a substantially similar offense
301301 from another jurisdiction, when such person being sentenced has one or
302302 more prior felony convictions for a violation of K.S.A. 65-4159, prior to its
303303 repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 2022
304304 Supp. 21-5703, and amendments thereto, or a substantially similar offense
305305 from another jurisdiction, if the controlled substance in any prior
306306 conviction was methamphetamine, as defined by subsection (d)(3) or (f)(1)
307307 of K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
308308 thereof, shall be a presumptive term of imprisonment of two times the
309309 maximum duration of the presumptive term of imprisonment. The court
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353353 may impose an optional reduction in such sentence of not to exceed 50%
354354 of the mandatory increase provided by this subsection upon making a
355355 finding on the record that one or more of the mitigating factors as specified
356356 in K.S.A. 2022 Supp. 21-6815, and amendments thereto, justify such a
357357 reduction in sentence. Any decision made by the court regarding the
358358 reduction in such sentence shall not be considered a departure and shall
359359 not be subject to appeal.
360360 (f) (1) The sentence for a third or subsequent felony conviction of
361361 K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-
362362 36a06, prior to its transfer, or K.S.A. 2022 Supp. 21-5706, and
363363 amendments thereto, when such person being sentenced has two or more
364364 prior felony convictions for a violation of K.S.A. 65-4610 or 65-4162,
365365 prior to their repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or
366366 K.S.A. 2022 Supp. 21-5706, and amendments thereto, shall be a
367367 presumptive term of imprisonment and the defendant shall be sentenced to
368368 prison as provided by this section. The defendant's term of imprisonment
369369 shall be served in the custody of the secretary of corrections in a facility
370370 designated by the secretary. Subject to appropriations therefore, the
371371 defendant shall participate in an intensive substance abuse treatment
372372 program, of at least four months duration, selected by the secretary of
373373 corrections. If the secretary determines that substance abuse treatment
374374 resources are otherwise available, such term of imprisonment may be
375375 served in a facility designated by the secretary of corrections in the
376376 custody of the secretary of corrections to participate in an intensive
377377 substance abuse treatment program. The secretary's determination
378378 regarding the availability of treatment resources shall not be subject to
379379 review. Upon the successful completion of such intensive treatment
380380 program, the offender shall be returned to the court and the court may
381381 modify the sentence by directing that a less severe penalty be imposed in
382382 lieu of that originally adjudged. If the offender's term of imprisonment
383383 expires, the offender shall be placed under the applicable period of
384384 postrelease supervision.
385385 (2) Such defendant's term of imprisonment shall not be subject to
386386 modification under paragraph (1) if:
387387 (A) The defendant has previously completed a certified drug abuse
388388 treatment program, as provided in K.S.A. 75-52,144, and amendments
389389 thereto;
390390 (B) has been discharged or refused to participate in a certified drug
391391 abuse treatment program, as provided in K.S.A. 75-52,144, and
392392 amendments thereto;
393393 (C) has completed an intensive substance abuse treatment program
394394 under paragraph (1); or
395395 (D) has been discharged or refused to participate in an intensive
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439439 substance abuse treatment program under paragraph (1).
440440 The sentence under this subsection shall not be considered a departure
441441 and shall not be subject to appeal.
442442 (g) (1) Except as provided further, if the trier of fact makes a finding
443443 that an offender carried a firearm to commit a drug felony, or in
444444 furtherance of a drug felony, possessed a firearm, in addition to the
445445 sentence imposed pursuant to K.S.A. 2022 Supp. 21-6801 through 21-
446446 6824, and amendments thereto, the offender shall be sentenced to:
447447 (A) Except as provided in subsection (g)(1)(B), an additional 6
448448 months' imprisonment; and
449449 (B) if the trier of fact makes a finding that the firearm was
450450 discharged, an additional 18 months' imprisonment.
451451 (2) The sentence imposed pursuant to subsection (g)(1) shall be
452452 presumptive imprisonment. Such sentence shall not be considered a
453453 departure and shall not be subject to appeal.
454454 (3) The provisions of this subsection shall not apply to violations of
455455 K.S.A. 2022 Supp. 21-5706 or 21-5713, and amendments thereto.
456456 Sec. 3. K.S.A. 2022 Supp. 21-6606 and 21-6805 are hereby repealed.
457457 Sec. 4. This act shall take effect and be in force from and after its
458458 publication in the statute book.
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