Session of 2023
HOUSE BILL No. 2068
By Committee on Corrections and Juvenile Justice
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AN ACT concerning crimes, punishment and criminal procedure; relating
to sentencing; multiple sentences for persons convicted of a new crime;
modifying how certain prior convictions are counted for the special
sentencing rule related to possession of a controlled substance;
amending K.S.A. 2022 Supp. 21-6606 and 21-6805 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-6606 is hereby amended to read as
follows: 21-6606. (a) When separate sentences of imprisonment for
different crimes are imposed on a defendant on the same date, including
sentences for crimes for which suspended sentences, probation or
assignment to a community correctional services program have been
revoked, such sentences shall run concurrently or consecutively, as the
court directs. Whenever the record is silent as to the manner in which two
or more sentences imposed at the same time shall be served, they shall be
served concurrently, except as otherwise provided in subsections (c), (d)
and (e).
(b) Any person who is convicted and sentenced for a crime
committed while on probation, assignment to a community correctional
services program, parole or conditional release for a misdemeanor shall
serve the sentence concurrently with or consecutively to the term or terms
under which the person was on probation, assigned to a community
correctional services program or on parole or conditional release, as the
court directs.
(c) Any person who is convicted and sentenced for a crime
committed while on probation, assigned to a community correctional
services program, on parole, on conditional release or on postrelease
supervision for a felony shall serve the sentence consecutively to the term
or terms under which the person was on probation, assigned to a
community correctional services program or on parole or conditional
release.
(d) Any person who is convicted and sentenced for a crime
committed while on release for a felony pursuant to article 28 of chapter
22 of the Kansas Statutes Annotated, and amendments thereto, shall serve
the sentence concurrently or consecutively to the term or terms under
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which the person was released, as the court directs.
(e) (1) Any person who is convicted and sentenced for a crime
committed while such person is incarcerated and serving a sentence for a
felony in any place of incarceration shall serve the sentence consecutively
to the term or terms under which the person was incarcerated.
(2) If a person is sentenced to prison for a crime committed on or
after July 1, 1993, while the person was imprisoned for an offense
committed prior to July 1, 1993, and the person is not eligible for the
retroactive application of the sentencing guidelines act, 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, whichever is earlier. If the offender was past the offender's
conditional release date at the time the new offense was committed, the
new sentence shall not be aggregated with the old sentence but shall begin
when the person is ordered released by the prisoner review board or
reaches the maximum sentence date on the old sentence, whichever is
earlier. The new sentence shall then be served as otherwise provided by
law. The period of post incarceration supervision shall be based on the
longest term of post incarceration supervision imposed for all crimes upon
which sentence was imposed or until discharged from supervision by the
prisoner review board. The term of post incarceration supervision imposed
by this paragraph shall apply retroactively to crimes committed prior to
July 1, 2008.
(3) As used in this subsection, "post incarceration supervision"
includes parole and postrelease supervision.
(f) The provisions of this subsection relating to parole eligibility shall
be applicable to persons convicted of crimes committed prior to January 1,
1979, but shall be applicable to persons convicted of crimes committed on
or after that date only to the extent that the terms of this subsection are not
in conflict with the provisions of K.S.A. 22-3717, and amendments
thereto. In calculating the time to be served on concurrent and consecutive
sentences, the following rules shall apply:
(1) When indeterminate terms run concurrently, the shorter minimum
terms merge in and are satisfied by serving the longest minimum term and
the shorter maximum terms merge in and are satisfied by conditional
release or discharge on the longest maximum term if the terms are imposed
on the same date.
(2) When concurrent terms are imposed on different dates,
computation will be made to determine which term or terms require the
longest period of imprisonment to reach parole eligibility, conditional
release and maximum dates, and that sentence will be considered the
controlling sentence. The parole eligibility date may be computed and
projected on one sentence and the conditional release date and maximum
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may be computed and projected from another to determine the controlling
sentence.
(3) When indeterminate terms imposed on the same date are to be
served consecutively, the minimum terms are added to arrive at an
aggregate minimum to be served equal to the sum of all minimum terms
and the maximum terms are added to arrive at an aggregate maximum
equal to the sum of all maximum terms.
(4) When indeterminate sentences are imposed to be served
consecutively to sentences previously imposed in any other court or the
sentencing court, the aggregated minimums and maximums shall be
computed from the effective date of the subsequent sentences which that
have been imposed as consecutive. For the purpose of determining the
sentence begins date and the parole eligibility and conditional release
dates, the inmate shall be given credit on the aggregate sentence for time
spent imprisoned on the previous sentences, but not exceeding an amount
equal to the previous minimum sentence less the maximum amount of
good time credit that could have been earned on the minimum sentence.
For the purpose of computing the maximum date, the inmate shall be given
credit for all time spent imprisoned on the previous sentence. This method
for computation of the maximum sentence shall be utilized for all
sentences computed pursuant to this subsection after July 1, 1983. Nothing
in this subsection (f)(4) paragraph shall affect the authority of the prisoner
review board to determine the parole eligibility of inmates pursuant to
subsection (d) of K.S.A. 22-3717(d), and amendments thereto.
(5) When consecutive sentences are imposed which that are to be
served consecutive to sentences for which a prisoner has been on
probation, assigned to a community correctional services program, on
parole or on conditional release, the amount of time served on probation,
on assignment to a community correctional services program, on parole or
on conditional release shall not be credited as service on the aggregate
sentence in determining the parole eligibility, conditional release and
maximum dates, except that credit shall be given for any amount of time
spent in a residential facility while on probation or assignment to a
community correctional residential services program.
(g) When a definite and an indefinite term run consecutively, the
period of the definite term is added to both the minimum and maximum of
the indeterminate term and both sentences are satisfied by serving the
indeterminate term. The provisions of this subsection shall not apply to
crimes committed on or after July 1, 1993.
(h) When a defendant is sentenced in a state court and is also under
sentence from a federal court or other state court or is subject to sentence
in a federal court or other state court for an offense committed prior to the
defendant's sentence in a Kansas state court, the court may direct that
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custody of the defendant may be relinquished to federal or other state
authorities and that such state sentences as are imposed may run
concurrently with any federal or other state sentence imposed.
Sec. 2. K.S.A. 2022 Supp. 21-6805 is hereby amended to read as
follows: 21-6805. (a) The provisions of this section shall be applicable to
the sentencing guidelines grid for drug crimes. The following sentencing
guidelines grid for drug crimes shall be applicable to felony crimes under
K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto,
except as otherwise provided by law:
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(b) Sentences expressed in the sentencing guidelines grid for drug
crimes in subsection (a) represent months of imprisonment.
(c) (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. 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:
(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 prison sentence as well as the duration of the nonprison
sanction 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
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 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the
court may impose an optional nonprison sentence as provided in
subsection (q) of K.S.A. 2022 Supp. 21-6804(q), and amendments thereto.
(e) The sentence for a second or subsequent conviction for unlawful
manufacturing of a controlled substance, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 2022
Supp. 21-5703, and amendments thereto, or a substantially similar offense
from another jurisdiction, when such person being sentenced has one or
more prior felony convictions for a violation of K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 2022
Supp. 21-5703, and amendments thereto, or a substantially similar offense
from another jurisdiction, if the controlled substance in any prior
conviction was methamphetamine, as defined by subsection (d)(3) or (f)(1)
of K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
thereof, shall be a presumptive term of imprisonment of two times the
maximum duration of the presumptive term of imprisonment. The court
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may impose an optional reduction in such sentence of not to exceed 50%
of the mandatory increase provided by this subsection upon making a
finding on the record that one or more of the mitigating factors as specified
in K.S.A. 2022 Supp. 21-6815, and amendments thereto, justify such a
reduction in sentence. Any decision made by the court regarding the
reduction in such sentence shall not be considered a departure and shall
not be subject to appeal.
(f) (1) The sentence for a third or subsequent felony conviction of
K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-
36a06, prior to its transfer, or K.S.A. 2022 Supp. 21-5706, and
amendments thereto, when such person being sentenced has two or more
prior felony convictions for a violation of K.S.A. 65-4610 or 65-4162,
prior to their repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or
K.S.A. 2022 Supp. 21-5706, and amendments thereto, shall be a
presumptive term of imprisonment and the defendant shall be sentenced to
prison as provided by this section. The defendant's term of imprisonment
shall be served in the custody of the secretary of corrections in a facility
designated by the secretary. Subject to appropriations therefore, the
defendant shall participate in an intensive substance abuse treatment
program, of at least four months duration, selected by the secretary of
corrections. If the secretary determines that substance abuse treatment
resources are otherwise available, such term of imprisonment may be
served in a facility designated by the secretary of corrections in the
custody of the secretary of corrections to participate in an intensive
substance abuse treatment program. The secretary's determination
regarding the availability of treatment resources shall not be subject to
review. 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. If the offender's term of imprisonment
expires, the offender shall be placed under the applicable period of
postrelease supervision.
(2) Such defendant's term of imprisonment shall not be subject to
modification under paragraph (1) if:
(A) The defendant has previously completed a certified drug abuse
treatment program, as provided in K.S.A. 75-52,144, and amendments
thereto;
(B) has been discharged or refused to participate in a certified drug
abuse treatment program, as provided in K.S.A. 75-52,144, and
amendments thereto;
(C) has completed an intensive substance abuse treatment program
under paragraph (1); or
(D) has been discharged or refused to participate in an intensive
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substance abuse treatment program under paragraph (1).
The sentence under this subsection shall not be considered a departure
and shall not be subject to appeal.
(g) (1) Except as provided further, if the trier of fact makes a finding
that an offender carried a firearm to commit a drug felony, or in
furtherance of a drug felony, possessed a firearm, in addition to the
sentence imposed pursuant to K.S.A. 2022 Supp. 21-6801 through 21-
6824, and amendments thereto, the offender shall be sentenced to:
(A) Except as provided in subsection (g)(1)(B), an additional 6
months' imprisonment; and
(B) if the trier of fact makes a finding that the firearm was
discharged, an additional 18 months' imprisonment.
(2) The sentence imposed pursuant to subsection (g)(1) shall be
presumptive imprisonment. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to violations of
K.S.A. 2022 Supp. 21-5706 or 21-5713, and amendments thereto.
Sec. 3. K.S.A. 2022 Supp. 21-6606 and 21-6805 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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