Authorizing certain inmates in the custody of the secretary of corrections to petition the court for a resentencing hearing.
Impact
If enacted, SB255 is expected to reshape certain aspects of Kansas's criminal justice system by facilitating resentencing for inmates who qualify under the prescribed conditions. This could lead to decreased sentences, thereby promoting rehabilitation over punitive measures. By allowing inmates a second chance after having served a portion of their sentence, the bill could potentially reduce prison populations and improve outcomes for those who reintegrate into society after serving time.
Summary
Senate Bill 255, commonly referred to as the Second Look Act, was introduced to provide a pathway for inmates in the custody of the Secretary of Corrections to petition for a resentencing hearing. This bill outlines specific criteria under which an inmate may file a verified petition after a designated period, depending on their age at the time of the offense and other specialized conditions such as completion of rehabilitative programs or being a veteran. This act aims to create opportunities for those who have demonstrated rehabilitation or whose sentences might be impacted by new legislative changes.
Contention
One notable point of contention surrounding SB255 is the balancing act between providing inmates with opportunities for reduced sentences and ensuring that victims' rights are upheld. Critics may argue that this bill could undermine the severity of sentences for serious offenses. Supporters, on the other hand, advocate for the restorative justice aspect of the legislation, arguing that it recognizes the potential for change and rehabilitation within the prison system, reflecting evolving societal views on justice and punishment.
Prohibiting denial of a petition for expungement due to the petitioner's inability to pay outstanding costs, fees, fines or restitution, providing that the waiting period for expungement starts on the date of conviction or adjudication and authorizing expungement of a juvenile adjudication if the juvenile has not committed a felony offense in the previous two years.
Permitting functional incapacitation release and terminal medical condition release for persons sentenced to imprisonment for an off-grid offense and extending terminal medical condition release to inmates in the custody of the secretary of corrections with a condition likely to cause death within 180 days.
Requiring the secretary for children and families to assess certain children and the secretary of corrections to provide certain services to juveniles in detention, changing the criteria used to refer and admit juveniles to a juvenile crisis intervention center, allowing evidence-based program account money to be used on certain children, requiring the department of corrections to build data systems and allowing for overall case length limit extensions for certain juvenile offenders.
Authorizing the Kansas department for aging and disability services to condition or restrict a disability service provider license, granting the secretary authority to grant regulation waivers unrelated to health and safety and authorizing correction orders and civil fines to be appealed to the secretary.
House Substitute for SB 420 by Committee on Corrections and Juvenile Justice - Allowing juvenile offenders in the custody of the secretary of corrections to leave the juvenile correctional facility for certain programming and educational opportunities when approved by the secretary.
Authorizing the secretary of corrections to use hypoxia for the purpose of carrying out a sentence of death and requiring the district court to issue a warrant to the secretary of corrections to carry out a sentence of death.
Directing the department of corrections to establish a correctional center nursery for incarcerated expectant mothers and their child to allow certain expectant mothers to care and bond with their child for up to 36 months while incarcerated.
Directing the department of corrections to establish a correctional center nursery for incarcerated expectant mothers and their child to allow certain expectant mothers to care and bond with their child for up to 36 months while incarcerated.