Kansas 2023-2024 Regular Session

Kansas House Bill HB2072 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2023
2	2	HOUSE BILL No. 2072
3	3	By Committee on Corrections and Juvenile Justice
4	4	1-18
5	5	AN ACT concerning crimes, punishment and criminal procedure; relating
6	6	to sentencing; reducing the range for an offender classified in grid
7	7	blocks 5-A through 5-H and increasing the range for an offense
8	8	classified in grid block 5-I; amending K.S.A. 2022 Supp. 21-6805 and
9	9	repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 2022 Supp. 21-6805 is hereby amended to read as
12	12	follows: 21-6805. (a) The provisions of this section shall be applicable to
13	13	the sentencing guidelines grid for drug crimes. The following sentencing
14	14	guidelines grid for drug crimes shall be applicable to felony crimes under
15	15	K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto,
16	16	except as otherwise provided by law:
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32	32	(b) Sentences expressed in the sentencing guidelines grid for drug
33	33	crimes in subsection (a) represent months of imprisonment.
34	34	(c) (1) The sentencing court has discretion to sentence at any place
35	35	within the sentencing range. In the usual case it is recommended that the
36	36	sentencing judge select the center of the range and reserve the upper and
37	37	lower limits for aggravating and mitigating factors insufficient to warrant a
38	38	departure. The sentencing court shall not distinguish between the
39	39	controlled substances cocaine base (9041L000) and cocaine hydrochloride
40	40	(9041L005) when sentencing within the sentencing range of the grid
41	41	block.
42	42	(2) In presumptive imprisonment cases, the sentencing court shall
43	43	pronounce the complete sentence which shall include the:
44	44	(A) Prison sentence;
45	45	(B) maximum potential reduction to such sentence as a result of good
46	46	time; and
47	47	(C) period of postrelease supervision at the sentencing hearing.
48	48	Failure to pronounce the period of postrelease supervision shall not negate
49	49	the existence of such period of postrelease supervision.
50	50	(3) In presumptive nonprison cases, the sentencing court shall
51	51	pronounce the prison sentence as well as the duration of the nonprison
52	52	sanction at the sentencing hearing.
53	53	(d) Each grid block states the presumptive sentencing range for an
54	54	offender whose crime of conviction and criminal history place such
55	55	offender in that grid block. If an offense is classified in a grid block below
56	56	the dispositional line, the presumptive disposition shall be
57	57	nonimprisonment. If an offense is classified in a grid block above the
58	58	dispositional line, the presumptive disposition shall be imprisonment. If an
59	59	offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H, 4-I, 5-C or 5-D, the
60	60	court may impose an optional nonprison sentence as provided in
61	61	subsection (q) of K.S.A. 2022 Supp. 21-6804(q), and amendments thereto.
62	62	(e) The sentence for a second or subsequent conviction for unlawful
63	63	manufacturing of a controlled substance, K.S.A. 65-4159, prior to its
64	64	repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, K.S.A. 2022
65	65	Supp. 21-5703, and amendments thereto, or a substantially similar offense
66	66	from another jurisdiction, if the controlled substance in any prior
67	67	conviction was methamphetamine, as defined by subsection (d)(3) or (f)(1)
68	68	of K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
69	69	thereof, shall be a presumptive term of imprisonment of two times the
70	70	maximum duration of the presumptive term of imprisonment. The court
71	71	may impose an optional reduction in such sentence of not to exceed 50%
72	72	of the mandatory increase provided by this subsection upon making a
73	73	finding on the record that one or more of the mitigating factors as specified
74	74	in K.S.A. 2022 Supp. 21-6815, and amendments thereto, justify such a
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118	118	reduction in sentence. Any decision made by the court regarding the
119	119	reduction in such sentence shall not be considered a departure and shall
120	120	not be subject to appeal.
121	121	(f) (1) The sentence for a third or subsequent felony conviction of
122	122	K.S.A. 65-4160 or 65-4162, prior to their repeal, K.S.A. 2010 Supp. 21-
123	123	36a06, prior to its transfer, or K.S.A. 2022 Supp. 21-5706, and
124	124	amendments thereto, shall be a presumptive term of imprisonment and the
125	125	defendant shall be sentenced to prison as provided by this section. The
126	126	defendant's term of imprisonment shall be served in the custody of the
127	127	secretary of corrections in a facility designated by the secretary. Subject to
128	128	appropriations therefore, the defendant shall participate in an intensive
129	129	substance abuse treatment program, of at least four months duration,
130	130	selected by the secretary of corrections. If the secretary determines that
131	131	substance abuse treatment resources are otherwise available, such term of
132	132	imprisonment may be served in a facility designated by the secretary of
133	133	corrections in the custody of the secretary of corrections to participate in
134	134	an intensive substance abuse treatment program. The secretary's
135	135	determination regarding the availability of treatment resources shall not be
136	136	subject to review. Upon the successful completion of such intensive
137	137	treatment program, the offender shall be returned to the court and the court
138	138	may modify the sentence by directing that a less severe penalty be
139	139	imposed in lieu of that originally adjudged. If the offender's term of
140	140	imprisonment expires, the offender shall be placed under the applicable
141	141	period of postrelease supervision.
142	142	(2) Such defendant's term of imprisonment shall not be subject to
143	143	modification under paragraph (1) if:
144	144	(A) The defendant has previously completed a certified drug abuse
145	145	treatment program, as provided in K.S.A. 75-52,144, and amendments
146	146	thereto;
147	147	(B) has been discharged or refused to participate in a certified drug
148	148	abuse treatment program, as provided in K.S.A. 75-52,144, and
149	149	amendments thereto;
150	150	(C) has completed an intensive substance abuse treatment program
151	151	under paragraph (1); or
152	152	(D) has been discharged or refused to participate in an intensive
153	153	substance abuse treatment program under paragraph (1).
154	154	The sentence under this subsection shall not be considered a departure
155	155	and shall not be subject to appeal.
156	156	(g) (1) Except as provided further, if the trier of fact makes a finding
157	157	that an offender carried a firearm to commit a drug felony, or in
158	158	furtherance of a drug felony, possessed a firearm, in addition to the
159	159	sentence imposed pursuant to K.S.A. 2022 Supp. 21-6801 through 21-
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204	204	(A) Except as provided in subsection (g)(1)(B), an additional 6
205	205	months' imprisonment; and
206	206	(B) if the trier of fact makes a finding that the firearm was
207	207	discharged, an additional 18 months' imprisonment.
208	208	(2) The sentence imposed pursuant to subsection (g)(1) shall be
209	209	presumptive imprisonment. Such sentence shall not be considered a
210	210	departure and shall not be subject to appeal.
211	211	(3) The provisions of this subsection shall not apply to violations of
212	212	K.S.A. 2022 Supp. 21-5706 or 21-5713, and amendments thereto.
213	213	Sec. 2. K.S.A. 2022 Supp. 21-6805 is hereby repealed.
214	214	Sec. 3. This act shall take effect and be in force from and after its
215	215	publication in the statute book.
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