Kansas 2023-2024 Regular Session

Kansas House Bill HB2104 Compare Versions

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

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2104
3	3	By Committee on Corrections and Juvenile Justice
4	4	1-19
5	5	AN ACT concerning crimes, punishment and criminal procedure; relating
6	6	to sentencing; probation or assignment to community corrections;
7	7	setting maximum supervision terms; defining early discharge options;
8	8	amending K.S.A. 2022 Supp. 21-6608 and repealing the existing
9	9	section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 2022 Supp. 21-6608 is hereby amended to read as
12	12	follows: 21-6608. (a) The period of suspension of sentence, probation or
13	13	assignment to community corrections fixed by the court shall not exceed
14	14	two years in misdemeanor cases, subject to renewal and extension for
15	15	additional fixed periods of two years. In misdemeanor and felony cases,
16	16	probation, suspension of sentence or assignment to community corrections
17	17	may be terminated by the court at any time and upon such termination or
18	18	upon termination by expiration of the term of probation, suspension of
19	19	sentence or assignment to community corrections, an order to this effect
20	20	shall be entered by the court.
21	21	(b) The district court having jurisdiction of the offender may parole
22	22	any misdemeanant sentenced to confinement in the county jail. The period
23	23	of such parole shall be fixed by the court and shall not exceed two years
24	24	and shall be terminated in the manner provided for termination of
25	25	suspended sentence and probation.
26	26	(c) For all crimes committed on or after July 1, 1993, the duration of
27	27	probation in felony cases sentenced for the following severity levels on the
28	28	sentencing guidelines grid for nondrug crimes and the sentencing
29	29	guidelines grid for drug crimes is as follows:
30	30	(1) For nondrug crimes the recommended duration of probation is:
31	31	(A) 36 months for crimes in crime severity levels 1 through 5; and
32	32	(B) 24 months for crimes in crime severity levels 6 and 7;
33	33	(2) for drug crimes the recommended duration of probation is 36
34	34	months for crimes in crime severity levels 1 and 2 committed prior to July
35	35	1, 2012, and crimes in crime severity levels 1, 2 and 3 committed on or
36	36	after July 1, 2012;
37	37	(3) except as provided further, in felony cases sentenced at severity
38	38	levels 9 and 10 on the sentencing guidelines grid for nondrug crimes,
39	39	severity level 4 on the sentencing guidelines grid for drug crimes
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76	76	committed prior to July 1, 2012, and severity level 5 of the sentencing
77	77	guidelines grid for drug crimes committed on or after July 1, 2012, if a
78	78	nonprison sanction is imposed, the court shall order the defendant to serve
79	79	a period of probation of up to 12 months in length;
80	80	(4) in felony cases sentenced at severity level 8 on the sentencing
81	81	guidelines grid for nondrug crimes, severity level 3 on the sentencing
82	82	guidelines grid for drug crimes committed prior to July 1, 2012, and
83	83	severity level 4 of the sentencing guidelines grid for drug crimes
84	84	committed on or after July 1, 2012, and felony cases sentenced pursuant to
85	85	K.S.A. 2022 Supp. 21-6824, and amendments thereto, if a nonprison
86	86	sanction is imposed, the court shall order the defendant to serve a period of
87	87	probation, or assignment to a community correctional services program, as
88	88	provided under K.S.A. 75-5291 et seq., and amendments thereto, of up to
89	89	18 months in length;
90	90	(5) if the court finds and sets forth with particularity the reasons for
91	91	finding that the safety of the members of the public will be jeopardized or
92	92	that the welfare of the inmate will not be served by the length of the
93	93	probation terms provided in subsections (c)(3) and (c)(4) paragraphs (3)
94	94	and (4), the court may impose a longer period of probation. Such an
95	95	increase shall not be considered a departure and shall not be subject to
96	96	appeal;
97	97	(6) except as provided in subsections (c)(7) and (c)(8) paragraphs (3)
98	98	and (4), the total period in all cases shall not exceed 60 months, or the
99	99	maximum period of the prison sentence that could be imposed whichever
100	100	is longer. Nonprison sentences may be terminated by the court at any time;
101	101	(7) if the defendant is convicted of nonsupport of a child, the period
102	102	may be continued as long as the responsibility for support continues,
103	103	except as provided in paragraph (8). If the defendant is ordered to pay full
104	104	or partial restitution, the period may be continued as long as the amount of
105	105	restitution ordered has not been paid, except as provided in paragraph (8).
106	106	If the defendant has served a period of twice the original supervision term,
107	107	the defendant shall be released from supervision and shall continue to be
108	108	responsible for fully satisfying any outstanding child support or restitution;
109	109	and
110	110	(8) the court may modify or extend the offender's period of
111	111	supervision, pursuant to a modification hearing and a judicial finding of
112	112	necessity. Such extensions may be made for a maximum period of five
113	113	years or the maximum period of the prison sentence that could be imposed,
114	114	whichever is longer, inclusive of shall not exceed a maximum period of
115	115	twice the original supervision term.
116	116	(d) (1) In addition to the provisions of subsection (a),:
117	117	(A) A defendant who has a risk assessment of low risk, has paid all
118	118	restitution and has been compliant with the terms of probation, assignment
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162	162	to a community correctional services program, suspension of sentence or
163	163	nonprison sanction for a period of 12 months shall be eligible equal to or
164	164	greater than 50% of the original term may petition for discharge from
165	165	termination of such period of supervision by the court. The court shall
166	166	grant such discharge petition unless the court finds by clear and
167	167	convincing evidence that denial of such discharge will serve community
168	168	safety interests.
169	169	(B) For a defendant who has a risk assessment of moderate or high, a
170	170	supervision officer may recommend to the court that the court terminate
171	171	the defendant's term of probation, assignment to a community correctional
172	172	services program, suspension of sentence or nonprison sanction.
173	173	(C) For any defendant, regardless of risk level, the court may set a
174	174	hearing at sentencing for the date when the defendant will have served
175	175	50% of such defendant's term of supervision to determine whether to
176	176	terminate the defendant's term of probation, assignment to a community
177	177	correctional services program, suspension of sentence or nonprison
178	178	sanction.
179	179	(2) When determining whether to terminate or recommend
180	180	termination of probation, assignment to a community correctional services
181	181	program, suspension of sentence or nonprison sanction prior to the
182	182	expiration of the term ordered at sentencing pursuant to paragraph (1)(B)
183	183	or (1)(C), the court or the supervision officer shall consider:
184	184	(A) The defendant's history of compliance with terms and conditions
185	185	of supervision;
186	186	(B) whether the defendant has successfully completed any required
187	187	treatment or programming;
188	188	(C) whether the defendant has completed 75% of the defendant's
189	189	required supervision period and no other provision of law requires the
190	190	defendant to complete more than 75% of such required supervision period;
191	191	(D) whether termination of probation, assignment to a community
192	192	correctional services program, suspension of sentence or nonprison
193	193	sanction serves the community safety interest; and
194	194	(E) any outstanding fines, costs and restitution owed by the
195	195	defendant.
196	196	(3) Nothing in this subsection shall prohibit the court from
197	197	terminating a defendant's term of probation, assignment to a community
198	198	correctional services program, suspension of sentence or nonprison
199	199	sanction at any time.
200	200	Sec. 2. K.S.A. 2022 Supp. 21-6608 is hereby repealed.
201	201	Sec. 3. This act shall take effect and be in force from and after its
202	202	publication in the statute book.
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