Session of 2025
SENATE BILL No. 188
By Committee on Judiciary
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AN ACT concerning criminal procedure; relating to release prior to trial;
requiring a secured release when a person is charged with certain
offenses; replacing release on recognizance programs with unsecured
judicial release programs; amending K.S.A. 21-5703, 21-5709, 21-
5710, 21-5910, 21-5915, 21-6316, 21-6329, 22-2802, 22-2803, 22-
2814, 22-2815, 22-2816 and 22-2817 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5703 is hereby amended to read as follows: 21-
5703. (a) It shall be unlawful for any person to manufacture any controlled
substance or controlled substance analog.
(b) Violation or attempted violation of subsection (a) is a:
(1) Drug severity level 2 felony, except as provided in subsections (b)
(2) and (b)(3);
(2) drug severity level 1 felony if:
(A) The controlled substance is not methamphetamine, as defined by
K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
thereof;
(B) the controlled substance is not a fentanyl-related controlled
substance; and
(C) the offender has a prior conviction for unlawful manufacturing of
a controlled substance under this section, K.S.A. 65-4159, prior to its
repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially
similar offense from another jurisdiction and the substance was not
methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, in any such prior conviction;
and
(3) drug severity level 1 felony if the controlled substance is
methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
amendments thereto, or an analog thereof, or is a fentanyl-related
controlled substance.
(c) The provisions of K.S.A. 21-5301(d), and amendments thereto,
shall not apply to a violation of attempting to unlawfully manufacture any
controlled substance or controlled substance analog pursuant to this
section.
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(d) For persons arrested and charged under this section, bail shall be
at least $50,000 cash or surety, and such person shall not be released upon
the person's own recognizance on unsecured judicial release pursuant to
K.S.A. 22-2802, and amendments thereto, unless the court determines, on
the record, that the defendant is not likely to re-offend, the court imposes
pretrial supervision, or the defendant agrees to participate in a licensed or
certified drug treatment program.
(e) The sentence of a person who violates this section shall not be
subject to statutory provisions for suspended sentence, community service
work or probation.
(f) The sentence of a person who violates this section, K.S.A. 65-
4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
transfer, shall not be reduced because these sections prohibit conduct
identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-
5705, and amendments thereto.
Sec. 2. K.S.A. 21-5709 is hereby amended to read as follows: 21-
5709. (a) It shall be unlawful for any person to possess ephedrine,
pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
their salts, isomers or salts of isomers with an intent to use the product to
manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to
use any drug paraphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
distribute a controlled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise
introduce a controlled substance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to
use anhydrous ammonia or pressurized ammonia in a container not
approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or
otherwise acquire at retail any compound, mixture or preparation
containing more than 3.6 grams of pseudoephedrine base or ephedrine
base in any single transaction or any compound, mixture or preparation
containing more than nine grams of pseudoephedrine base or ephedrine
base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was
used to cultivate fewer than five marijuana plants;
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(3) violation of subsection (b)(2) is a class B nonperson
misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail
shall be at least $50,000 cash or surety, and such person shall not be
released upon the person's own recognizance on unsecured judicial release
pursuant to K.S.A. 22-2802, and amendments thereto, unless the court
determines, on the record, that the defendant is not likely to reoffend, the
court imposes pretrial supervision or the defendant agrees to participate in
a licensed or certified drug treatment program.
Sec. 3. K.S.A. 21-5710 is hereby amended to read as follows: 21-
5710. (a) It shall be unlawful for any person to advertise, market, label,
distribute or possess with the intent to distribute:
(1) Any product containing ephedrine, pseudoephedrine, red
phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia,
pressurized ammonia or phenylpropanolamine or their salts, isomers or
salts of isomers if the person knows or reasonably should know that the
purchaser will use the product to manufacture a controlled substance or
controlled substance analog; or
(2) any product containing ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers or salts of isomers for
indication of stimulation, mental alertness, weight loss, appetite control,
energy or other indications not approved pursuant to the pertinent federal
over-the-counter drug final monograph or tentative final monograph or
approved new drug application.
(b) It shall be unlawful for any person to distribute, possess with the
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing or under circumstances where one reasonably
should know that it will be used to manufacture or distribute a controlled
substance or controlled substance analog in violation of K.S.A. 21-5701
through 21-5717, and amendments thereto.
(c) It shall be unlawful for any person to distribute, possess with
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing or under circumstances where one reasonably
should know, that it will be used as such in violation of K.S.A. 21-5701
through 21-5717, and amendments thereto, except subsection (b) of K.S.A.
21-5706, and amendments thereto.
(d) It shall be unlawful for any person to distribute, possess with
intent to distribute or manufacture with intent to distribute any drug
paraphernalia, knowing, or under circumstances where one reasonably
should know, that it will be used as such in violation of subsection (b) of
K.S.A. 21-5706, and amendments thereto.
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(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) drug severity level 4 felony if the trier of fact makes a finding that
the offender distributed or caused drug paraphernalia to be distributed to a
minor or on or within 1,000 feet of any school property;
(3) violation of subsection (c) is a:
(A) Nondrug severity level 9, nonperson felony, except as provided in
subsection (e)(3)(B); and
(B) drug severity level 5 felony if the trier of fact makes a finding that
the offender distributed or caused drug paraphernalia to be distributed to a
minor or on or within 1,000 feet of any school property; and
(4) violation of subsection (d) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (e)(4)(B); and
(B) nondrug severity level 9, nonperson felony if the trier of fact
makes a finding that the offender distributed or caused drug paraphernalia
to be distributed to a minor or on or within 1,000 feet of any school
property.
(f) For persons arrested and charged under subsection (a), bail shall
be at least $50,000 cash or surety, and such person shall not be released
upon the person's own recognizance on unsecured judicial release
pursuant to K.S.A. 22-2802, and amendments thereto, unless the court
determines, on the record, that the defendant is not likely to re-offend, the
court imposes pretrial supervision or the defendant agrees to participate in
a licensed or certified drug treatment program.
(g) As used in this section, "or under circumstances where one
reasonably should know" that an item will be used in violation of this
section, shall include, but not be limited to, the following:
(1) Actual knowledge from prior experience or statements by
customers;
(2) inappropriate or impractical design for alleged legitimate use;
(3) receipt of packaging material, advertising information or other
manufacturer supplied information regarding the item's use as drug
paraphernalia; or
(4) receipt of a written warning from a law enforcement or
prosecutorial agency having jurisdiction that the item has been previously
determined to have been designed specifically for use as drug
paraphernalia.
Sec. 4. K.S.A. 21-5910 is hereby amended to read as follows: 21-
5910. (a) In its discretion and upon good cause, which may include, but is
not limited to, the declaration of a party's attorney, to believe that
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intimidation or dissuasion of any victim or witness has occurred or is
reasonably likely to occur, any court having jurisdiction over any civil or
criminal matter may issue any reasonable order necessary to remedy or
prevent the intimidation or dissuasion, including, but not limited to, an
order that:
(1) Any person before the court, including, but not limited to, a party,
subpoenaed witness or other person entering the courtroom of the court,
not violate any provision of this section or K.S.A. 21-5909, and
amendments thereto;
(2) any person described in this section maintain a prescribed
geographic distance from any specified witness or victim;
(3) any person described in this section have no communication
whatsoever with any specified witness or victim, except through an
attorney under such reasonable restrictions as the court imposes;
(4) calls for a hearing to determine if an order described in subsection
(a)(1), (a)(2) or (a)(3) should be issued; or
(5) a particular law enforcement agency within the jurisdiction of the
court provide protection for a victim or witness.
(b) Actions by a law enforcement agency pursuant to an order issued
under subsection (a)(5) shall be considered to be police protection within
the exemption from liability under the Kansas tort claims act for damages
resulting from the failure to provide, or the method of providing, police
protection.
(c) Violation of an order entered pursuant to subsection (a) may be
punished in any of the following ways:
(1) In the manner provided by K.S.A. 21-5909, and amendments
thereto, when applicable;
(2) as a contempt of the court making the order. No finding of
contempt shall be a bar to prosecution for a violation of K.S.A. 21-5909,
and amendments thereto, but:
(A) Any person held in contempt shall be entitled to have any
punishment imposed for contempt to be credited against any sentence
imposed upon conviction of a violation of K.S.A. 21-5909, and
amendments thereto; and
(B) any conviction or acquittal of a violation of subsection (a) or
K.S.A. 21-5909, and amendments thereto, shall be a bar to subsequent
punishment for contempt arising out of the same act; or
(3) by revocation of any form of pretrial release of a criminal
defendant or by the forfeiture of bail and the issuance of a bench warrant
for the defendant's arrest or remanding the defendant into custody. After a
hearing and upon a showing by clear and convincing evidence, the court,
in its sound discretion, may order the revocation whether the violation was
committed by the defendant personally or in any way caused or
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encouraged it to be committed.
(d) (1) Any pretrial release of any criminal defendant, whether on bail
or under another form of recognizance unsecured judicial release, shall be
considered as a matter of law to include a condition that the defendant will
not commit, cause to be committed or knowingly permit to be committed,
on the defendant's behalf, any violation of this section or K.S.A. 21-5909,
and amendments thereto. Knowing violation of that condition is subject to
the sanction provided by subsection (c)(3), whether or not the defendant
was the subject of an order under subsection (a).
(2) Any receipt for any bail or bond given by any court, or by any
surety or bondsman and any written promise to appear on one's own
recognizance under an unsecured judicial release shall contain notice of
the provisions of subsection (d)(1) in a conspicuous location.
(3) Any pretrial release of any criminal defendant whether on bail or
under another form of recognizance unsecured judicial release who
requests and is entitled to the assistance of counsel under the provisions of
K.S.A. 22-4503, and amendments thereto, shall be considered as a matter
of law to include a condition that the defendant shall pay the application
fee prescribed by K.S.A. 22-4529, and amendments thereto, and the failure
to pay such fee shall constitute a violation of this section. Knowing
violation of such condition is subject to the sanction provided by
subsection (c)(3), whether or not the defendant was the subject of an order
under subsection (a).
Sec. 5. K.S.A. 21-5915 is hereby amended to read as follows: 21-
5915. (a) Failure to appear is knowingly incurring a forfeiture of an
appearance bond and failing to surrender oneself within 30 days following
the date of such forfeiture by one who is charged with a misdemeanor and
has been released on bond for appearance before any court of this state,
other than the municipal court of a city, for trial or other proceeding prior
to conviction, or knowingly incurring a forfeiture of an appearance bond
and failing to surrender oneself within 30 days after such person's
conviction of a misdemeanor has become final by one who has been
released on an appearance bond by any court of this state.
(b) Aggravated failure to appear is knowingly incurring a forfeiture
of an appearance bond and failing to surrender oneself within 30 days
following the date of such forfeiture by one who is charged with a felony
and has been released on bond for appearance before any court of this
state, or knowingly incurring a forfeiture of an appearance bond and
failing to surrender oneself within 30 days after oneself's conviction of a
felony has become final by one who has been released on an appearance
bond by any court of this state.
(c) (1) Failure to appear is a class B nonperson misdemeanor.
(2) Aggravated failure to appear is a severity level 10, nonperson
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felony.
(d) The provisions of subsection (a) shall not apply to any person
who forfeits a cash bond supplied pursuant to law upon an arrest for a
traffic infraction or cigarette or tobacco infraction.
(e) Any person who is released upon the person's own recognizance
on unsecured judicial realse, without surety, or who fails to appear in
response to a summons or traffic citation, shall be deemed a person
released on bond for appearance within the meaning of subsection (a).
Sec. 6. K.S.A. 21-6316 is hereby amended to read as follows: 21-
6316. When a criminal street gang member is arrested for a person felony,
bail shall be at least $50,000 cash or surety, and such person shall not be
released upon the person's own recognizance on unsecured judicial release
pursuant to K.S.A. 22-2802, and amendments thereto, unless the court
determines on the record that the defendant is not likely to reoffend, an
appropriate intensive pre-trial supervision program is available and the
defendant agrees to comply with the mandate of such pre-trial supervision.
Sec. 7. K.S.A. 21-6329 is hereby amended to read as follows: 21-
6329. (a) Except as provided in subsection (b), it is unlawful for any
covered person:
(1) Who has recklessly received any proceeds derived, directly or
indirectly, from a pattern of racketeering activity or through the collection
of an unlawful debt to use or invest, whether directly or indirectly, any part
of such proceeds, or the proceeds derived from the investment or use
thereof, in the acquisition of any title to, or any right, interest, or equity in,
real property or in the establishment or operation of any enterprise;
(2) through a pattern of racketeering activity or through the collection
of an unlawful debt, to recklessly acquire or maintain, directly or
indirectly, any interest in or control of any enterprise or real property; or
(3) employed by, or associated with, any enterprise to recklessly
conduct or participate, directly or indirectly, in such enterprise through a
pattern of racketeering activity or the collection of an unlawful debt.
(b) It is not unlawful for a covered person to violate subsection (a)
through the collection of an unlawful debt if such person was not a
participant in a violation described in subsection (i) of K.S.A. 21-6328(i),
and amendments thereto, which that created such unlawful debt.
(c) Violation of this section or conspiracy to commit a violation of
this section is a severity level 2, person felony.
(d) The provisions of subsection (d) of K.S.A. 21-5302(d), and
amendments thereto, shall not apply to conspiracy to commit a violation of
this section.
(e) (1) Notwithstanding the provisions of K.S.A. 21-6611, and
amendments thereto, any person convicted of engaging in conduct in
violation of this section, through which the person derived pecuniary
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value, or by which the person caused personal injury or property damage
or other loss, may be sentenced to pay a fine that does not exceed three
times the gross value gained or three times the gross loss caused,
whichever is the greater, plus court costs and the costs of investigation and
prosecution, reasonably incurred.
(2) The court shall hold a hearing to determine the amount of the fine
authorized by this subsection.
(3) For the purposes of this subsection, "pecuniary value" means:
(A) Anything of value in the form of money, a negotiable instrument,
or a commercial interest or anything else the primary significance of which
is economic advantage; and
(B) any other property or service that has a value in excess of $100.
(f) For persons arrested and charged under this section, bail shall be
at least $50,000 cash or surety, and such person shall not be released upon
the person's own recognizance on unsecured judicial release pursuant to
K.S.A. 22-2802, and amendments thereto, unless the court determines on
the record that the defendant is not likely to re-offend, an appropriate
intensive pretrial supervision program is available and the defendant
agrees to comply with the mandate of such pretrial supervision.
Sec. 8. K.S.A. 22-2802 is hereby amended to read as follows: 22-
2802. (1)(a) Any person charged with a crime shall, at the person's first
appearance before a magistrate, be ordered released pending preliminary
examination or trial upon the execution of an appearance bond in an
amount specified by the magistrate and sufficient to assure the appearance
of such person before the magistrate when ordered and to assure the public
safety. If the person is being bound over for a felony, the bond shall also be
conditioned on the person's appearance in the district court or by way of a
two-way electronic audio-video communication as provided in subsection
(14) (n) at the time required by the court to answer the charge against such
person and at any time thereafter that the court requires. Unless the
magistrate makes a specific finding otherwise, if the person is being
bonded out for a person felony or a person misdemeanor, the bond shall be
conditioned on the person being prohibited from having any contact with
the alleged victim of such offense for a period of at least 72 hours. The
magistrate may impose such of the following additional conditions of
release as will reasonably assure the appearance of the person for
preliminary examination or trial:
(a)(1) Place the person in the custody of a designated person or
organization agreeing to supervise such person;
(b)(2) place restrictions on the travel, association or place of abode of
the person during the period of release;
(c)(3) impose any other condition deemed reasonably necessary to
assure appearance as required, including a condition requiring that the
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person return to custody during specified hours;
(d)(4) place the person under a house arrest program pursuant to
K.S.A. 21-6609, and amendments thereto; or
(e)(5) place the person under the supervision of a court services
officer responsible for monitoring the person's compliance with any
conditions of release ordered by the magistrate. The magistrate may order
the person to pay for any costs associated with the supervision provided by
the court services department in an amount not to exceed $15 per week of
such supervision. The magistrate may also order the person to pay for all
other costs associated with the supervision and conditions for compliance
in addition to the $15 per week.
(2)(b) In addition to any conditions of release provided in subsection
(1) (a), for any person charged with a felony, the magistrate may order
such person to submit to a drug and alcohol abuse examination and
evaluation in a public or private treatment facility or state institution and,
if determined by the head of such facility or institution that such person is
a drug or alcohol abuser or is incapacitated by drugs or alcohol, to submit
to treatment for such drug or alcohol abuse, as a condition of release.
(3)(c) The appearance bond shall be executed with sufficient solvent
sureties who are residents of the state of Kansas, unless the magistrate
determines, in the exercise of such magistrate's discretion, that requiring
sureties is not necessary to assure the appearance of the person at the time
ordered.
(4)(d) A deposit of cash in the amount of the bond may be made in
lieu of the execution of the bond pursuant to subsection (3) (c). Except as
provided in subsection (5) (e), such deposit shall be in the full amount of
the bond and in no event shall a deposit of cash in less than the full amount
of bond be permitted. Any person charged with a crime who is released on
a cash bond shall be entitled to a refund of all moneys paid for the cash
bond, after deduction of any outstanding restitution, costs, fines and fees,
after the final disposition of the criminal case if the person complies with
all requirements to appear in court. The court may not exclude the option
of posting bond pursuant to subsection (3) (c).
(5)(e) Except as provided further, the amount of the appearance bond
shall be the same whether executed as described in subsection (3) (c) or
posted with a deposit of cash as described in subsection (4) (d). When the
appearance bond has been set at $2,500 or less and the most serious charge
against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson
felony, a drug severity level 4 felony committed prior to July 1, 2012, a
drug severity level 5 felony committed on or after July 1, 2012, or a
violation of K.S.A. 8-1567, and amendments thereto, the magistrate may
allow the person to deposit cash with the clerk in the amount of 10% of the
bond, provided the person meets at least the following qualifications:
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(A)(1) Is a resident of the state of Kansas;
(B)(2) has a criminal history score category of G, H or I;
(C)(3) has no prior history of failure to appear for any court
appearances;
(D)(4) has no detainer or hold from any other jurisdiction;
(E)(5) has not been extradited from, and is not awaiting extradition
to, another state; and
(F)(6) has not been detained for an alleged violation of probation.
(6)(f) In the discretion of the court, a person charged with a crime
may be released upon the person's own recognizance by guaranteeing
payment of the amount of the bond for the person's failure to comply with
all requirements to appear in court on unsecured judicial release. The
release of a person charged with a crime upon the person's own
recognizance on unsecured judicial release shall not require the deposit of
any cash by the person.
(7)(g) The court shall not impose any administrative fee.
(8)(h) In determining which conditions of release will reasonably
assure appearance and the public safety, the magistrate shall, on the basis
of available information, take into account the nature and circumstances of
the crime charged; the weight of the evidence against the defendant;
whether the defendant is lawfully present in the United States; the
defendant's family ties, employment, financial resources, character, mental
condition, length of residence in the community, record of convictions,
record of appearance or failure to appear at court proceedings or of flight
to avoid prosecution; the likelihood or propensity of the defendant to
commit crimes while on release, including whether the defendant will be
likely to threaten, harass or cause injury to the victim of the crime or any
witnesses thereto; and whether the defendant is on probation or parole
from a previous offense at the time of the alleged commission of the
subsequent offense.
(9)(i) The appearance bond shall set forth all of the conditions of
release.
(10)(j) A person for whom conditions of release are imposed and who
continues to be detained as a result of the person's inability to meet the
conditions of release shall be entitled, upon application, to have the
conditions reviewed without unnecessary delay by the magistrate who
imposed them. If the magistrate who imposed conditions of release is not
available, any other magistrate in the county may review such conditions.
(11)(k) A magistrate ordering the release of a person on any
conditions specified in this section may at any time amend the order to
impose additional or different conditions of release. If the imposition of
additional or different conditions results in the detention of the person, the
provisions of subsection (10) (j) shall apply.
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(12)(l) Statements or information offered in determining the
conditions of release need not conform to the rules of evidence. No
statement or admission of the defendant made at such a proceeding shall
be received as evidence in any subsequent proceeding against the
defendant.
(13)(m) The appearance bond and any security required as a condition
of the defendant's release shall be deposited in the office of the magistrate
or the clerk of the court where the release is ordered. If the defendant is
bound to appear before a magistrate or court other than the one ordering
the release, the order of release, together with the bond and security shall
be transmitted to the magistrate or clerk of the court before whom the
defendant is bound to appear.
(14)(n) Proceedings before a magistrate as provided in this section to
determine the release conditions of a person charged with a crime
including release upon execution of an appearance bond may be conducted
by two-way electronic audio-video communication between the defendant
and the judge in lieu of personal presence of the defendant or defendant's
counsel in the courtroom in the discretion of the court. The defendant may
be accompanied by the defendant's counsel. The defendant shall be
informed of the defendant's right to be personally present in the courtroom
during such proceeding if the defendant so requests. Exercising the right to
be present shall in no way prejudice the defendant.
(15)(o) The magistrate may order the person to pay for any costs
associated with the supervision of the conditions of release of the
appearance bond in an amount not to exceed $15 per week of such
supervision. As a condition of sentencing under K.S.A. 21-6604, and
amendments thereto, the court may impose the full amount of any such
costs in addition to the $15 per week, including, but not limited to, costs
for treatment and evaluation under subsection (2) (b).
Sec. 9. K.S.A. 22-2803 is hereby amended to read as follows: 22-
2803. A person who remains in custody after review of such person's
application pursuant to subsection (9) or (10) of K.S.A. 22-2802(i) or (j),
and amendments thereto, by a district magistrate judge may apply to a
district judge of the judicial district in which the charge is pending to
modify the order fixing conditions of release. Such motion shall be
determined promptly.
Sec. 10. K.S.A. 22-2814 is hereby amended to read as follows: 22-
2814. Each district court may establish, operate and coordinate unsecured
judicial release on recognizance programs and supervised release
programs which that provide services to the court and to persons who are,
or are to be, charged with crimes. Unsecured judicial release on
recognizance programs and supervised release programs shall be
administered by court services officers and other personnel of the district
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court. Participation by defendants in such programs shall be on a voluntary
basis. Nothing in K.S.A. 22-2814 through 22-2817, and amendments
thereto, shall affect the right of any person to seek or obtain release under
K.S.A. 22-2802, and amendments thereto, regardless of participation or
nonparticipation in unsecured judicial release on recognizance programs
or supervised release programs.
Sec. 11. K.S.A. 22-2815 is hereby amended to read as follows: 22-
2815. (a) Unsecured judicial release on recognizance programs shall
consist of initial interviews with persons who are being detained and are,
or are to be, charged with crimes, to obtain:
(1) Information about certain basic criteria closely related to the
likelihood that the persons will appear in court if released,;
(2) an objective analysis of such information; and
(3) submission of such information and analysis to the court
regarding those persons who are recommended to be released on their
personal recognizance unsecured judicial release under K.S.A. 22-2802,
and amendments thereto.
(b) Among other criteria, the following basic variables shall be
determined for each person interviewed under a release on recognizance
an unsecured judicial release program in ascertaining the likelihood that
the person will appear in court if released:
(1) Length of residence in the local community;
(2) nature and extent of local family ties;
(3) time in the local area;
(4) stability of employment; and
(5) extent of prior criminal history.
(c) No person shall be released on unsecured judicial release if such
person is detained and charged, or to be charged, with:
(1) Capital murder as described in K.S.A. 21-5401, and amendments
thereto;
(2) murder in the first degree as described in K.S.A. 21-5402, and
amendments thereto;
(3) murder in the second degree as described in K.S.A. 21-5403, and
amendments thereto;
(4) kidnapping or aggravated kidnapping as described in K.S.A. 21-
5408, and amendments thereto;
(5) aggravated assault as described in K.S.A. 21-5412, and
amendments thereto;
(6) aggravated battery as described in K.S.A. 21-5413, and
amendments thereto;
(7) aggravated robbery as described in K.S.A. 21-5420, and
amendments thereto;
(8) rape as described in K.S.A. 21-5503, and amendments thereto;
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(9) criminal sodomy or aggravated criminal sodomy as described in
K.S.A. 21-5504, and amendments thereto;
(10) aggravated sexual battery as described in K.S.A. 21-5505, and
amendments thereto; or
(11) aggravated indecent liberties with a child as described in K.S.A.
21-5506, and amendments thereto.
Sec. 12. K.S.A. 22-2816 is hereby amended to read as follows: 22-
2816. (a) Supervised release programs shall consist of extensive interviews
with defendants who have been denied release on personal recognizance to
select unsecured judicial release for the purpose of selecting those
defendants who, under some form of supervised release, are likely to
appear in court when required, are likely to cooperate with and benefit
from supervised release and are willing to actively participate therein.
Defendants who are not residents of Kansas, who are the subject of
specific detainer orders of other state or federal law enforcement agencies,
have been detained or charged with a crime that is described in K.S.A. 22-
2815(c), and amendments thereto, or who are in need of physical or mental
care or treatment, including care or treatment for any chemical dependency
or intoxication, shall not be eligible for a recommendation for supervised
release or to participate in a supervised release program.
(b) Upon the basis of interviews and other available information,
court services officers shall prepare and submit, in proper cases,
recommendations to the court for supervised release of defendants and
shall include suggestions for appropriate conditions for the release of the
defendants. If the court orders the release of the defendant with the
condition of specific participation in the supervised release program, the
court services officer shall prepare and the defendant shall sign a written
agreement containing:
(1) An acknowledgment of the relationship between the supervised
release program and the defendant,;
(2) the details of the conditions of release; and
(3) a statement of the consequences of any breach of the agreement
by the defendant.
(c) The supervised release program for each defendant shall be
compatible with all required court appearances and shall include
appropriate programs for diagnostic testing, education, skills training,
employment and counseling. Each defendant under supervised release
shall be closely supervised by a court services officer and may be
terminated from the supervised release program by court order revoking
the release order or by final disposition of the charges against the
defendant.
Sec. 13. K.S.A. 22-2817 is hereby amended to read as follows: 22-
2817. (a) For all purposes of unsecured judicial release on recognizance
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programs and supervised release programs, each district court may:
(1) Contract for services and facilities;
(2) receive property by gifts, devises and bequests; and
(3) sell or exchange any property so accepted and use, in any manner,
the proceeds or the property received in exchange.
(b) To the extent feasible, each district court establishing, operating or
coordinating unsecured judicial release on recognizance programs and
supervised release programs shall arrange, by contract or on such
alternative basis as may be mutually acceptable, for utilization of existing
local facilities and treatment and service resources, including, but not
limited, to employment, job training, general, special or remedial
education, psychiatric and marriage counseling, and alcohol and drug
abuse treatment and counseling. Each such district court shall approve the
development and maintenance of such resources by its own staff only if
the resources to be so developed and maintained are otherwise unavailable
to the court within reasonable proximity to the community where these
services are needed in connection with the unsecured judicial release on
recognizance programs or supervised release programs. Each such district
court, to the extent feasible and advisable under the circumstances, may
use the services of volunteers for such programs and may solicit local
financial support from public, private, charitable and benevolent sources
therefor.
Sec. 14. K.S.A. 21-5703, 21-5709, 21-5710, 21-5910, 21-5915, 21-
6316, 21-6329, 22-2802, 22-2803, 22-2814, 22-2815, 22-2816 and 22-
2817 are hereby repealed.
Sec. 15. This act shall take effect and be in force from and after its
publication in the statute book.
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