Kansas 2025-2026 Regular Session

Kansas Senate Bill SB295 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 295
3	3	By Committee on Federal and State Affairs
4	4	3-11
5	5	AN ACT concerning marijuana; removing the criminal penalties for
6	6	possession of a personal-use quantity of marijuana; creating a
7	7	marijuana infraction; amending K.S.A. 21-5706 and 21-5709 and
8	8	K.S.A. 2024 Supp. 21-6607 and 22-3717 and repealing the existing
9	9	sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	New Section 1. (a) It shall be unlawful to knowingly possess a
12	12	personal-use quantity of marijuana or marijuana paraphernalia.
13	13	(b) (1) Any person who violates the provisions of subsection (a) shall
14	14	be guilty of a marijuana infraction punishable by:
15	15	(A) A fine of $25 and no court costs or, if requested, a requirement to
16	16	complete up to three hours of community service in lieu of such fine, if
17	17	such person is 18 years of age or older; and
18	18	(B) a requirement to complete up to five hours of community service
19	19	or a drug awareness program, or both, if such person is under 18 years of
20	20	age.
21	21	(2) Possession of a cannabidiol treatment preparation, as defined in
22	22	K.S.A. 2024 Supp. 65-6235, and amendments thereto, shall not be a
23	23	violation of this section.
24	24	(3) No person shall be subject to arrest for a marijuana infraction. If a
25	25	person under 18 years of age is issued a marijuana infraction, the person's
26	26	parents or legal guardian shall be notified of such infraction.
27	27	(c) (1) A municipality shall not enact or enforce any ordinance,
28	28	resolution or regulation relating to possessing a personal-use quantity of
29	29	marijuana or marijuana paraphernalia. Any ordinance, resolution or
30	30	regulation prohibited by this subsection that was adopted prior to July 1,
31	31	2025, shall be null and void.
32	32	(2) Nothing in this section shall prohibit a municipality from enacting
33	33	or enforcing any ordinance, resolution or regulation related to
34	34	consumption of marijuana in public places. Any such ordinance, resolution
35	35	or regulation shall not punish consumption of marijuana in public places
36	36	more harshly than consumption of alcohol in public places.
37	37	(d) A marijuana infraction shall not:
38	38	(1) Be considered as a drug offense as defined in 23 C.F.R § 1212;
39	39	(2) have any impact on a person's driving privileges;
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76	76	(3) constitute grounds for denying a person student financial aid,
77	77	public housing or any form of public financial assistance, including
78	78	unemployment benefits;
79	79	(4) be used to disqualify a person from being considered as an
80	80	adoptive parent or for licensure as a family foster home pursuant to rules
81	81	and regulations adopted by the secretary for children and families;
82	82	(5) be used as probable cause or reasonable suspicion and shall not be
83	83	used as a basis to support any stop or search of a person or motor vehicle;
84	84	or
85	85	(6) be considered as a violation of a condition of probation,
86	86	assignment to a community correctional services program, suspended
87	87	sentence, conditional release, parole or postrelease supervision.
88	88	(f) (1) No record of a marijuana infraction shall be recorded in the
89	89	Kansas criminal justice information system or any other criminal database.
90	90	Every law enforcement agency shall collect data on the number of
91	91	marijuana infractions issued pursuant to this section and report such data
92	92	annually to the attorney general on or before July 1 of each year. The
93	93	attorney general shall compile the reports received from law enforcement
94	94	agencies and provide an aggregated report to the legislature on or before
95	95	January 1 of each year.
96	96	(2) Records of marijuana infractions shall be confidential and shall
97	97	not be subject to the provisions of the Kansas open records act, K.S.A. 45-
98	98	215 et seq., and amendments thereto. The provisions of this paragraph
99	99	shall expire on July 1, 2030, unless the legislature reviews and reenacts
100	100	this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
101	101	July 1, 2030.
102	102	(g) (1) All moneys received from fines imposed under this section
103	103	shall be remitted to the state treasurer in accordance with the provisions of
104	104	K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
105	105	remittance, the state treasurer shall deposit the entire amount in the state
106	106	treasury. Of each such deposit, 50% shall be credited to the state general
107	107	fund, and the remaining 50% shall be credited to the drug awareness
108	108	program fund of the department for children and families.
109	109	(2) There is hereby established in the state treasury the drug
110	110	awareness program fund, which shall be administered by the secretary for
111	111	children and families. Expenditures from the fund shall be used for the
112	112	purpose of providing for the drug awareness program described in this
113	113	section. All expenditures from the drug awareness program fund shall be
114	114	made in accordance with appropriation acts upon warrants of the director
115	115	of accounts and reports issued pursuant to vouchers approved by the
116	116	secretary for children and families or the secretary's designee.
117	117	(h) As used in this section:
118	118	(1) "Drug awareness program" means a program created by the
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162	162	department for children and families that provides between two and five
163	163	hours of instruction or group discussion about the use and abuse of
164	164	marijuana, alcohol and controlled substances and is provided at no cost;
165	165	(2) "marijuana" means the same as defined in K.S.A. 21-5701, and
166	166	amendments thereto, and includes tetrahydrocannabinols, as designated in
167	167	K.S.A. 65-4105(h), and amendments thereto;
168	168	(3) "marijuana paraphernalia" means paraphernalia used for the
169	169	ingestion, use, inhalation, preparation for personal use or storage of a
170	170	personal-use quantity of marijuana;
171	171	(4) "municipality" means the same as defined in K.S.A. 75-6102, and
172	172	amendments thereto; and
173	173	(5) "personal-use quantity" means one ounce or less of marijuana,
174	174	five grams or less of resin extracted or concentrates derived from
175	175	marijuana and 1,000 milligrams or less of tetrahydrocannabinols.
176	176	Sec. 2. K.S.A. 21-5706 is hereby amended to read as follows: 21-
177	177	5706. (a) It shall be unlawful for any person to possess any opiates, opium
178	178	or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)
179	179	(3) or (f)(1), and amendments thereto, or a controlled substance analog
180	180	thereof.
181	181	(b) Except as provided in section 1, and amendments thereto, it shall
182	182	be unlawful for any person to possess any of the following controlled
183	183	substances or controlled substance analogs thereof:
184	184	(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
185	185	4109(b) or (c) or 65-4111(b), and amendments thereto;
186	186	(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
187	187	(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
188	188	(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
189	189	4107(g) or 65-4109(g), and amendments thereto;
190	190	(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c),
191	191	(d), (e), (f) or (g), and amendments thereto;
192	192	(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and
193	193	amendments thereto;
194	194	(6) any substance designated in K.S.A. 65-4113, and amendments
195	195	thereto; or
196	196	(7) any substance designated in K.S.A. 65-4105(h), and amendments
197	197	thereto.
198	198	(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
199	199	(2) Except as provided in subsection (c)(3):
200	200	(A) Violation of subsection (b) is a class A nonperson misdemeanor,
201	201	except as provided in subparagraph (B); and
202	202	(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug
203	203	severity level 5 felony if that person has a prior conviction under such
204	204	subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially
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248	248	similar offense from another jurisdiction, or under any city ordinance or
249	249	county resolution for a substantially similar offense if the substance
250	250	involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana
251	251	as designated in K.S.A. 65-4105(d), and amendments thereto, or any
252	252	substance designated in K.S.A. 65-4105(h), and amendments thereto, or an
253	253	analog thereof.
254	254	(3) If the substance involved is marijuana, as designated in K.S.A.
255	255	65-4105(d), and amendments thereto, or tetrahydrocannabinols, as
256	256	designated in K.S.A. 65-4105(h), and amendments thereto, violation of
257	257	subsection (b) is a:
258	258	(A) Class B nonperson misdemeanor, except as provided in
259	259	subparagraphs (B) and (C);
260	260	(B) class A nonperson misdemeanor if that person has a prior
261	261	conviction under such subsection, under K.S.A. 65-4162, prior to its
262	262	repeal, under a substantially similar offense from another jurisdiction, or
263	263	under any city ordinance or county resolution for a substantially similar
264	264	offense; and
265	265	(C) drug severity level 5 felony if that person has two or more prior
266	266	convictions under such subsection, under K.S.A. 65-4162, prior to its
267	267	repeal, under a substantially similar offense from another jurisdiction, or
268	268	under any city ordinance or county resolution for a substantially similar
269	269	offense.
270	270	(d) It shall be an affirmative defense to prosecution under this section
271	271	arising out of a person's possession of any cannabidiol treatment
272	272	preparation if the person:
273	273	(1) Has a debilitating medical condition, as defined in K.S.A. 2024
274	274	Supp. 65-6235, and amendments thereto, or is the parent or guardian of a
275	275	minor child who has such debilitating medical condition;
276	276	(2) is possessing a cannabidiol treatment preparation, as defined in
277	277	K.S.A. 2024 Supp. 65-6235, and amendments thereto, that is being used to
278	278	treat such debilitating medical condition; and
279	279	(3) has possession of a letter, at all times while the person has
280	280	possession of the cannabidiol treatment preparation, that:
281	281	(A) Shall be shown to a law enforcement officer on such officer's
282	282	request;
283	283	(B) is dated within the preceding 15 months and signed by the
284	284	physician licensed to practice medicine and surgery in Kansas who
285	285	diagnosed the debilitating medical condition;
286	286	(C) is on such physician's letterhead; and
287	287	(D) identifies the person or the person's minor child as such
288	288	physician's patient and identifies the patient's debilitating medical
289	289	condition.
290	290	(e) It shall not be a defense to charges arising under this section that
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334	334	the defendant was acting in an agency relationship on behalf of any other
335	335	party in a transaction involving a controlled substance or controlled
336	336	substance analog.
337	337	Sec. 3. K.S.A. 21-5709 is hereby amended to read as follows: 21-
338	338	5709. (a) It shall be unlawful for any person to possess ephedrine,
339	339	pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
340	340	anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
341	341	their salts, isomers or salts of isomers with an intent to use the product to
342	342	manufacture a controlled substance.
343	343	(b) (1) It shall be unlawful for any person to use or possess with
344	344	intent to use any drug paraphernalia to:
345	345	(1)(A) Manufacture, cultivate, plant, propagate, harvest, test, analyze
346	346	or distribute a controlled substance; or
347	347	(2)(B) store, contain, conceal, inject, ingest, inhale or otherwise
348	348	introduce a controlled substance into the human body.
349	349	(2) The provisions of subsection (b)(1)(B) shall not apply to
350	350	marijuana paraphernalia as defined in section 1, and amendments thereto.
351	351	(c) It shall be unlawful for any person to use or possess with intent to
352	352	use anhydrous ammonia or pressurized ammonia in a container not
353	353	approved for that chemical by the Kansas department of agriculture.
354	354	(d) It shall be unlawful for any person to purchase, receive or
355	355	otherwise acquire at retail any compound, mixture or preparation
356	356	containing more than 3.6 grams of pseudoephedrine base or ephedrine
357	357	base in any single transaction or any compound, mixture or preparation
358	358	containing more than nine grams of pseudoephedrine base or ephedrine
359	359	base within any 30-day period.
360	360	(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
361	361	(2) violation of subsection (b)(1) is a:
362	362	(A) Drug severity level 5 felony, except as provided in subsection (e)
363	363	(2)(B); and
364	364	(B) class B nonperson misdemeanor if the drug paraphernalia was
365	365	used to cultivate fewer than five marijuana plants;
366	366	(3) violation of subsection (b)(2) is a class B nonperson
367	367	misdemeanor;
368	368	(4) violation of subsection (c) is a drug severity level 5 felony; and
369	369	(5) violation of subsection (d) is a class A nonperson misdemeanor.
370	370	(f) For persons arrested and charged under subsection (a) or (c), bail
371	371	shall be at least $50,000 cash or surety, and such person shall not be
372	372	released upon the person's own recognizance pursuant to K.S.A. 22-2802,
373	373	and amendments thereto, unless the court determines, on the record, that
374	374	the defendant is not likely to reoffend, the court imposes pretrial
375	375	supervision or the defendant agrees to participate in a licensed or certified
376	376	drug treatment program.
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420	420	Sec. 4. K.S.A. 2024 Supp. 21-6607 is hereby amended to read as
421	421	follows: 21-6607. (a) Except as required by subsection subsections (c) and
422	422	(d), nothing in this section shall be construed to limit the authority of the
423	423	court to impose or modify any general or specific conditions of probation,
424	424	suspension of sentence or assignment to a community correctional services
425	425	program. The court services officer or community correctional services
426	426	officer may recommend, and the court may order, the imposition of any
427	427	conditions of probation, suspension of sentence or assignment to a
428	428	community correctional services program. For crimes committed on or
429	429	after July 1, 1993, in presumptive nonprison cases, the court services
430	430	officer or community correctional services officer may recommend, and
431	431	the court may order, the imposition of any conditions of probation or
432	432	assignment to a community correctional services program. The court may
433	433	at any time order the modification of such conditions, after notice to the
434	434	court services officer or community correctional services officer and an
435	435	opportunity for such officer to be heard thereon. The court shall cause a
436	436	copy of any such order to be delivered to the court services officer and the
437	437	probationer or to the community correctional services officer and the
438	438	community corrections participant, as the case may be. The provisions of
439	439	K.S.A. 75-5291, and amendments thereto, shall be applicable to any
440	440	assignment to a community correctional services program pursuant to this
441	441	section.
442	442	(b) The court may impose any conditions of probation, suspension of
443	443	sentence or assignment to a community correctional services program that
444	444	the court deems proper, including, but not limited to, requiring that the
445	445	defendant:
446	446	(1) Obey all laws and ordinances and report any law enforcement
447	447	contact to the defendant's supervision officer within 24 hours after such
448	448	contact;
449	449	(2) not engage in physical violence or threats of violence of any kind
450	450	and, if the defendant is being supervised for conviction of a felony, not
451	451	purchase or possess a dangerous weapon, including a firearm, while on
452	452	supervision;
453	453	(3) report to the defendant's supervision officer as directed and be
454	454	truthful in all matters;
455	455	(4) remain within the state of Kansas or other specified areas as
456	456	defined by the defendant's supervision officer;
457	457	(5) reside at the defendant's approved residence unless the defendant
458	458	receives permission from the defendant's supervision officer to relocate
459	459	and notify the defendant's supervision officer within 24 hours after any
460	460	emergency changes in residence or contact information;
461	461	(6) except as provided in subsection (d), not possess, use or distribute
462	462	any controlled substances except those prescribed by a licensed medical
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506	506	professional;
507	507	(7) not possess or consume any form of alcohol or intoxicating
508	508	substance or enter any establishment where alcohol is sold or consumed as
509	509	the primary business;
510	510	(8) submit to any form of alcohol or substance use testing directed by
511	511	the defendant's supervision officer and not alter or tamper with the
512	512	specimen or test;
513	513	(9) participate in assessment, treatment, programming and other
514	514	directives of the court or the defendant's supervision officer;
515	515	(10) be subject to searches of the defendant's person, effects, vehicle,
516	516	residence and property by a court services officer, community correctional
517	517	services officer or any other law enforcement officer based on reasonable
518	518	suspicion that the defendant violated conditions of probation or engaged in
519	519	criminal activity; or
520	520	(11) refrain from contacting victims unless authorized by the court to
521	521	contact a victim as part of rehabilitative or therapeutic purposes.
522	522	(c) In addition to any conditions of probation, suspension of sentence
523	523	or assignment to a community correctional services program ordered
524	524	pursuant to subsection (b), the court shall order the defendant to:
525	525	(1) Make reparation or restitution to the aggrieved party for the
526	526	damage or loss caused by the defendant's crime in accordance with K.S.A.
527	527	21-6604(b), and amendments thereto;
528	528	(2) (A) pay a correctional supervision fee of $60 if the person was
529	529	convicted of a misdemeanor or a fee of $120 if the person was convicted
530	530	of a felony. In any case the amount of the correctional supervision fee
531	531	specified by this paragraph may be reduced or waived by the judge if the
532	532	person is unable to pay that amount;
533	533	(B) the correctional supervision fee imposed by this paragraph shall
534	534	be charged and collected by the district court. The clerk of the district
535	535	court shall remit all revenues received under this paragraph from
536	536	correctional supervision fees to the state treasurer in accordance with the
537	537	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
538	538	each such remittance, the state treasurer shall deposit the entire amount in
539	539	the state treasury to the credit of the state general fund, a sum equal to
540	540	41.67% of such remittance, and to the correctional supervision fund, a sum
541	541	equal to 58.33% of such remittance;
542	542	(C) this paragraph shall apply to persons placed on felony or
543	543	misdemeanor probation or released on misdemeanor parole to reside in
544	544	Kansas and supervised by Kansas court services officers under the
545	545	interstate compact for offender supervision; and
546	546	(D) this paragraph shall not apply to persons placed on probation or
547	547	released on parole to reside in Kansas under the uniform act for out-of-
548	548	state parolee supervision; and
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592	592	(3) reimburse the state general fund for all or a part of the
593	593	expenditures by the state board of indigents' defense services to provide
594	594	counsel and other defense services to the defendant. In determining the
595	595	amount and method of payment of such sum, the court shall take account
596	596	of the financial resources of the defendant and the nature of the burden that
597	597	payment of such sum will impose. A defendant who has been required to
598	598	pay such sum and who is not willfully in default in the payment thereof
599	599	may at any time petition the court which that sentenced the defendant to
600	600	waive payment of such sum or of any unpaid portion thereof. If it appears
601	601	to the satisfaction of the court that payment of the amount due will impose
602	602	manifest hardship on the defendant or the defendant's immediate family,
603	603	the court may waive payment of all or part of the amount due or modify
604	604	the method of payment. The amount of attorney fees to be included in the
605	605	court order for reimbursement shall be the amount claimed by appointed
606	606	counsel on the payment voucher for indigents' defense services or the
607	607	amount prescribed by the board of indigents' defense services
608	608	reimbursement tables as provided in K.S.A. 22-4522, and amendments
609	609	thereto, whichever is less.
610	610	(d) The court shall not impose any condition of probation, suspension
611	611	of sentence or assignment to a community correctional services program
612	612	that prohibits the defendant from using marijuana as defined in section 1,
613	613	and amendments thereto, unless the court makes a finding that marijuana
614	614	use would create a danger to the defendant or another person. A
615	615	marijuana infraction as described in section 1, and amendments thereto,
616	616	or a drug test that is positive for marijuana shall not be considered as a
617	617	violation of a condition of probation, suspension of sentence or
618	618	assignment to a community correctional services program.
619	619	(e) The office of judicial administration and the department of
620	620	corrections shall collaborate to develop documentation related to
621	621	conditions of supervision.
622	622	(e)(f) Any law enforcement officer who conducts a search pursuant to
623	623	subsection (b)(10) shall submit a written report to the appropriate court
624	624	services officer or community correctional services officer not later than
625	625	the close of business the next day after such search is conducted. The
626	626	written report shall include the facts leading to such search, the scope of
627	627	such search and any findings resulting from such search.
628	628	(f)(g) (1) There is hereby established in the state treasury the
629	629	correctional supervision fund. All moneys credited to the correctional
630	630	supervision fund shall be used for:
631	631	(1)(A) The implementation of and training for use of a statewide,
632	632	mandatory, standardized risk assessment tool or instrument as specified by
633	633	the Kansas sentencing commission, pursuant to K.S.A. 75-5291, and
634	634	amendments thereto;
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677	677	43 SB 295 9
678	678	(2)(B) the implementation of and training for use of a statewide,
679	679	mandatory, standardized risk assessment tool or instrument for juveniles
680	680	adjudicated to be juvenile offenders; and
681	681	(3)(C) evidence-based adult and juvenile offender supervision
682	682	programs by judicial branch personnel.
683	683	(2) If all expenditures for the program have been paid and moneys
684	684	remain in the correctional supervision fund for a fiscal year, remaining
685	685	moneys may be expended from the correctional supervision fund to
686	686	support adult and juvenile offender supervision by court services officers.
687	687	All expenditures from the correctional supervision fund shall be made in
688	688	accordance with appropriation acts upon warrants of the director of
689	689	accounts and reports issued pursuant to vouchers approved by the chief
690	690	justice of the Kansas supreme court or by a person or persons designated
691	691	by the chief justice.
692	692	Sec. 5. K.S.A. 2024 Supp. 22-3717 is hereby amended to read as
693	693	follows: 22-3717. (a) Except as otherwise provided by this section; K.S.A.
694	694	1993 Supp. 21-4628, prior to its repeal; K.S.A. 21-4624, 21-4635 through
695	695	21-4638 and 21-4642, prior to their repeal; K.S.A. 21-6617, 21-6620, 21-
696	696	6623, 21-6624, 21-6625 and 21-6626, and amendments thereto; and
697	697	K.S.A. 8-1567, and amendments thereto; an inmate, including an inmate
698	698	sentenced pursuant to K.S.A. 21-4618, prior to its repeal, or K.S.A. 21-
699	699	6707, and amendments thereto, shall be eligible for parole after serving the
700	700	entire minimum sentence imposed by the court, less good time credits.
701	701	(b) (1) An inmate sentenced to imprisonment for life without the
702	702	possibility of parole pursuant to K.S.A. 21-6617, and amendments thereto,
703	703	shall not be eligible for parole.
704	704	(2) Except as provided by K.S.A. 21-4635 through 21-4638, prior to
705	705	their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and
706	706	amendments thereto, an inmate sentenced to imprisonment for the crime
707	707	of:
708	708	(A) Capital murder committed on or after July 1, 1994, shall be
709	709	eligible for parole after serving 25 years of confinement, without
710	710	deduction of any good time credits;
711	711	(B) murder in the first degree based upon a finding of premeditated
712	712	murder committed on or after July 1, 1994, but prior to July 1, 2014, shall
713	713	be eligible for parole after serving 25 years of confinement, without
714	714	deduction of any good time credits; and
715	715	(C) murder in the first degree as described in K.S.A. 21-5402(a)(2),
716	716	and amendments thereto, committed on or after July 1, 2014, shall be
717	717	eligible for parole after serving 25 years of confinement, without
718	718	deduction of any good time credits.
719	719	(3) Except as provided by subsections (b)(1), (b)(2) and (b)(5),
720	720	K.S.A. 1993 Supp. 21-4628, prior to its repeal, K.S.A. 21-4635 through
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764	764	21-4638, prior to their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and
765	765	21-6625, and amendments thereto, an inmate sentenced to imprisonment
766	766	for an off-grid offense committed on or after July 1, 1993, but prior to July
767	767	1, 1999, shall be eligible for parole after serving 15 years of confinement,
768	768	without deduction of any good time credits and an inmate sentenced to
769	769	imprisonment for an off-grid offense committed on or after July 1, 1999,
770	770	shall be eligible for parole after serving 20 years of confinement without
771	771	deduction of any good time credits.
772	772	(4) Except as provided by K.S.A. 1993 Supp. 21-4628, prior to its
773	773	repeal, an inmate sentenced for a class A felony committed before July 1,
774	774	1993, including an inmate sentenced pursuant to K.S.A. 21-4618, prior to
775	775	its repeal, or K.S.A. 21-6707, and amendments thereto, shall be eligible for
776	776	parole after serving 15 years of confinement, without deduction of any
777	777	good time credits.
778	778	(5) An inmate sentenced to imprisonment for a violation of K.S.A.
779	779	21-3402(a), prior to its repeal, committed on or after July 1, 1996, but
780	780	prior to July 1, 1999, shall be eligible for parole after serving 10 years of
781	781	confinement without deduction of any good time credits.
782	782	(6) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
783	783	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto,
784	784	committed on or after July 1, 2006, shall be eligible for parole after
785	785	serving the mandatory term of imprisonment without deduction of any
786	786	good time credits.
787	787	(c) (1) Except as provided in subsection (e), if an inmate is sentenced
788	788	to imprisonment for more than one crime and the sentences run
789	789	consecutively, the inmate shall be eligible for parole after serving the total
790	790	of:
791	791	(A) The aggregate minimum sentences, as determined pursuant to
792	792	K.S.A. 21-4608, prior to its repeal, or K.S.A. 21-6606, and amendments
793	793	thereto, less good time credits for those crimes which are not class A
794	794	felonies; and
795	795	(B) an additional 15 years, without deduction of good time credits,
796	796	for each crime which is a class A felony.
797	797	(2) If an inmate is sentenced to imprisonment pursuant to K.S.A. 21-
798	798	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
799	799	crimes committed on or after July 1, 2006, the inmate shall be eligible for
800	800	parole after serving the mandatory term of imprisonment.
801	801	(d) (1) Persons sentenced for crimes, other than off-grid crimes,
802	802	committed on or after July 1, 1993, or persons subject to subparagraph
803	803	(G), will not be eligible for parole, but will be released to a mandatory
804	804	period of postrelease supervision upon completion of the prison portion of
805	805	their sentence as follows:
806	806	(A) Except as provided in subparagraphs (D) and (E), persons
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849	849	43 SB 295 11
850	850	sentenced for nondrug severity levels 1 through 4 crimes, drug severity
851	851	levels 1 and 2 crimes committed on or after July 1, 1993, but prior to July
852	852	1, 2012, and drug severity levels 1, 2 and 3 crimes committed on or after
853	853	July 1, 2012, must shall serve 36 months on postrelease supervision.
854	854	(B) Except as provided in subparagraphs (D) and (E), persons
855	855	sentenced for nondrug severity levels 5 and 6 crimes, drug severity level 3
856	856	crimes committed on or after July 1, 1993, but prior to July 1, 2012, and
857	857	drug severity level 4 crimes committed on or after July 1, 2012, must shall
858	858	serve 24 months on postrelease supervision.
859	859	(C) Except as provided in subparagraphs (D) and (E), persons
860	860	sentenced for nondrug severity levels 7 through 10 crimes, drug severity
861	861	level 4 crimes committed on or after July 1, 1993, but prior to July 1,
862	862	2012, and drug severity level 5 crimes committed on or after July 1, 2012,
863	863	must shall serve 12 months on postrelease supervision.
864	864	(D) Persons sentenced to a term of imprisonment that includes a
865	865	sentence for a sexually violent crime as defined in K.S.A. 22-3717, and
866	866	amendments thereto, committed on or after July 1, 1993, but prior to July
867	867	1, 2006, a sexually motivated crime in which the offender has been
868	868	ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and
869	869	amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its
870	870	repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual
871	871	relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and
872	872	amendments thereto, shall serve the period of postrelease supervision as
873	873	provided in subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C), plus the amount
874	874	of good time and program credit earned and retained pursuant to K.S.A.
875	875	21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments thereto,
876	876	on postrelease supervision.
877	877	(i) If the sentencing judge finds substantial and compelling reasons to
878	878	impose a departure based upon a finding that the current crime of
879	879	conviction was sexually motivated, departure may be imposed to extend
880	880	the postrelease supervision to a period of up to 60 months.
881	881	(ii) If the sentencing judge departs from the presumptive postrelease
882	882	supervision period, the judge shall state on the record at the time of
883	883	sentencing the substantial and compelling reasons for the departure.
884	884	Departures in this section are subject to appeal pursuant to K.S.A. 21-
885	885	4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.
886	886	(iii) In determining whether substantial and compelling reasons exist,
887	887	the court shall consider:
888	888	(a) Written briefs or oral arguments submitted by either the defendant
889	889	or the state;
890	890	(b) any evidence received during the proceeding;
891	891	(c) the presentence report, the victim's impact statement and any
892	892	psychological evaluation as ordered by the court pursuant to K.S.A. 21-
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935	935	43 SB 295 12
936	936	4714(e), prior to its repeal, or K.S.A. 21-6813(e), and amendments thereto;
937	937	and
938	938	(d) any other evidence the court finds trustworthy and reliable.
939	939	(iv) The sentencing judge may order that a psychological evaluation
940	940	be prepared and the recommended programming be completed by the
941	941	offender. The department of corrections or the prisoner review board shall
942	942	ensure that court ordered sex offender treatment be carried out.
943	943	(v) In carrying out the provisions of subsection (d)(1)(D), the court
944	944	shall refer to K.S.A. 21-4718, prior to its repeal, or K.S.A. 21-6817, and
945	945	amendments thereto.
946	946	(vi) Upon petition and payment of any restitution ordered pursuant to
947	947	K.S.A. 21-6604, and amendments thereto, the prisoner review board may
948	948	provide for early discharge from the postrelease supervision period
949	949	imposed pursuant to subsection (d)(1)(D)(i) upon completion of court
950	950	ordered programs and completion of the presumptive postrelease
951	951	supervision period, as determined by the crime of conviction, pursuant to
952	952	subsection (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from
953	953	postrelease supervision is at the discretion of the board.
954	954	(vii) Persons convicted of crimes deemed sexually violent or sexually
955	955	motivated shall be registered according to the offender registration act,
956	956	K.S.A. 22-4901 through 22-4910, and amendments thereto.
957	957	(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, prior to their
958	958	repeal, or K.S.A. 21-5508, and amendments thereto, shall be required to
959	959	participate in a treatment program for sex offenders during the postrelease
960	960	supervision period.
961	961	(E) The period of postrelease supervision provided in subparagraphs
962	962	(A) and (B) may be reduced by up to 12 months and the period of
963	963	postrelease supervision provided in subparagraph (C) may be reduced by
964	964	up to six months based on the offender's compliance with conditions of
965	965	supervision and overall performance while on postrelease supervision. The
966	966	reduction in the supervision period shall be on an earned basis pursuant to
967	967	rules and regulations adopted by the secretary of corrections.
968	968	(F) In cases where sentences for crimes from more than one severity
969	969	level have been imposed, the offender shall serve the longest period of
970	970	postrelease supervision as provided by this section available for any crime
971	971	upon which sentence was imposed irrespective of the severity level of the
972	972	crime. Supervision periods will not aggregate.
973	973	(G) (i) Except as provided in subsection(v), persons sentenced to
974	974	imprisonment for a sexually violent crime committed on or after July 1,
975	975	2006, when the offender was 18 years of age or older, and who are
976	976	released from prison, shall be released to a mandatory period of
977	977	postrelease supervision for the duration of the person's natural life.
978	978	(ii) Persons sentenced to imprisonment for a sexually violent crime
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1021	1021	43 SB 295 13
1022	1022	committed on or after the effective date of this act, when the offender was
1023	1023	under 18 years of age, and who are released from prison, shall be released
1024	1024	to a mandatory period of postrelease supervision for 60 months, plus the
1025	1025	amount of good time and program credit earned and retained pursuant to
1026	1026	K.S.A. 21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments
1027	1027	thereto.
1028	1028	(2) Persons serving a period of postrelease supervision pursuant to
1029	1029	subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C) may petition the prisoner
1030	1030	review board for early discharge. Upon payment of restitution, the prisoner
1031	1031	review board may provide for early discharge.
1032	1032	(3) Persons serving a period of incarceration for a supervision
1033	1033	violation shall not have the period of postrelease supervision modified
1034	1034	until such person is released and returned to postrelease supervision.
1035	1035	(4) Offenders whose crime of conviction was committed on or after
1036	1036	July 1, 2013, and whose probation, assignment to a community
1037	1037	correctional services program, suspension of sentence or nonprison
1038	1038	sanction is revoked pursuant to K.S.A. 22-3716(c), and amendments
1039	1039	thereto, or whose underlying prison term expires while serving a sanction
1040	1040	pursuant to K.S.A. 22-3716(c), and amendments thereto, shall serve a
1041	1041	period of postrelease supervision upon the completion of the underlying
1042	1042	prison term.
1043	1043	(5) As used in this subsection, "sexually violent crime" means:
1044	1044	(A) Rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
1045	1045	amendments thereto;
1046	1046	(B) indecent liberties with a child, K.S.A. 21-3503, prior to its repeal,
1047	1047	or K.S.A. 21-5506(a), and amendments thereto;
1048	1048	(C) aggravated indecent liberties with a child, K.S.A. 21-3504, prior
1049	1049	to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
1050	1050	(D) criminal sodomy, K.S.A. 21-3505(a)(2) and (a)(3), prior to its
1051	1051	repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
1052	1052	(E) aggravated criminal sodomy, K.S.A. 21-3506, prior to its repeal,
1053	1053	or K.S.A. 21-5504(b), and amendments thereto;
1054	1054	(F) indecent solicitation of a child, K.S.A. 21-3510, prior to its repeal,
1055	1055	or K.S.A. 21-5508(a), and amendments thereto;
1056	1056	(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, prior
1057	1057	to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
1058	1058	(H) sexual exploitation of a child, K.S.A. 21-3516, prior to its repeal,
1059	1059	or K.S.A. 21-5510, and amendments thereto;
1060	1060	(I) aggravated sexual battery, K.S.A. 21-3518, prior to its repeal, or
1061	1061	K.S.A. 21-5505(b), and amendments thereto;
1062	1062	(J) aggravated incest, K.S.A. 21-3603, prior to its repeal, or K.S.A.
1063	1063	21-5604(b), and amendments thereto;
1064	1064	(K) aggravated human trafficking, as defined in K.S.A. 21-3447,
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1108	1108	prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
1109	1109	committed in whole or in part for the purpose of the sexual gratification of
1110	1110	the defendant or another;
1111	1111	(L) internet trading in child pornography, as defined in K.S.A. 21-
1112	1112	5514(a), and amendments thereto;
1113	1113	(M) aggravated internet trading in child pornography, as defined in
1114	1114	K.S.A. 21-5514(b), and amendments thereto;
1115	1115	(N) commercial sexual exploitation of a child, as defined in K.S.A.
1116	1116	21-6422, and amendments thereto; or
1117	1117	(O) an attempt, conspiracy or criminal solicitation, as defined in
1118	1118	K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
1119	1119	5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent
1120	1120	crime as defined in this section.
1121	1121	(6) As used in this subsection, "sexually motivated" means that one of
1122	1122	the purposes for which the defendant committed the crime was for the
1123	1123	purpose of the defendant's sexual gratification.
1124	1124	(e) If an inmate is sentenced to imprisonment for a crime committed
1125	1125	while on parole or conditional release, the inmate shall be eligible for
1126	1126	parole as provided by subsection (c), except that the prisoner review board
1127	1127	may postpone the inmate's parole eligibility date by assessing a penalty not
1128	1128	exceeding the period of time which that could have been assessed if the
1129	1129	inmate's parole or conditional release had been violated for reasons other
1130	1130	than conviction of a crime.
1131	1131	(f) If a person is sentenced to prison for a crime committed on or after
1132	1132	July 1, 1993, while on probation, parole, conditional release or in a
1133	1133	community corrections program, for a crime committed prior to July 1,
1134	1134	1993, and the person is not eligible for retroactive application of the
1135	1135	sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
1136	1136	4724, prior to its repeal, the new sentence shall not be aggregated with the
1137	1137	old sentence, but shall begin when the person is paroled or reaches the
1138	1138	conditional release date on the old sentence. If the offender was past the
1139	1139	offender's conditional release date at the time the new offense was
1140	1140	committed, the new sentence shall not be aggregated with the old sentence
1141	1141	but shall begin when the person is ordered released by the prisoner review
1142	1142	board or reaches the maximum sentence expiration date on the old
1143	1143	sentence, whichever is earlier. The new sentence shall then be served as
1144	1144	otherwise provided by law. The period of postrelease supervision shall be
1145	1145	based on the new sentence, except that those offenders whose old sentence
1146	1146	is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
1147	1147	21-4628, prior to its repeal, or an indeterminate sentence with a maximum
1148	1148	term of life imprisonment, for which there is no conditional release or
1149	1149	maximum sentence expiration date, shall remain on postrelease
1150	1150	supervision for life or until discharged from supervision by the prisoner
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1194	1194	review board.
1195	1195	(g) Subject to the provisions of this section, the prisoner review board
1196	1196	may release on parole those persons confined in institutions who are
1197	1197	eligible for parole when: (1) The board believes that the inmate should be
1198	1198	released for hospitalization, deportation or to answer the warrant or other
1199	1199	process of a court and is of the opinion that there is reasonable probability
1200	1200	that the inmate can be released without detriment to the community or to
1201	1201	the inmate; or (2) the secretary of corrections has reported to the board in
1202	1202	writing that the inmate has satisfactorily completed the programs required
1203	1203	by any agreement entered under K.S.A. 75-5210a, and amendments
1204	1204	thereto, or any revision of such agreement, and the board believes that the
1205	1205	inmate is able and willing to fulfill the obligations of a law abiding citizen
1206	1206	and is of the opinion that there is reasonable probability that the inmate
1207	1207	can be released without detriment to the community or to the inmate.
1208	1208	Parole shall not be granted as an award of clemency and shall not be
1209	1209	considered a reduction of sentence or a pardon.
1210	1210	(h) The prisoner review board shall hold a parole hearing at least the
1211	1211	month prior to the month an inmate will be eligible for parole under
1212	1212	subsections (a), (b) and (c). At least one month preceding the parole
1213	1213	hearing, the county or district attorney of the county where the inmate was
1214	1214	convicted shall give written notice of the time and place of the public
1215	1215	comment sessions for the inmate to any victim of the inmate's crime who
1216	1216	is alive and whose address is known to the county or district attorney or, if
1217	1217	the victim is deceased, to the victim's family if the family's address is
1218	1218	known to the county or district attorney. Except as otherwise provided,
1219	1219	failure to notify pursuant to this section shall not be a reason to postpone a
1220	1220	parole hearing. In the case of any inmate convicted of an off-grid felony or
1221	1221	a class A felony, the secretary of corrections shall give written notice of the
1222	1222	time and place of the public comment session for such inmate at least one
1223	1223	month preceding the public comment session to any victim of such
1224	1224	inmate's crime or the victim's family pursuant to K.S.A. 74-7338, and
1225	1225	amendments thereto. If notification is not given to such victim or such
1226	1226	victim's family in the case of any inmate convicted of an off-grid felony or
1227	1227	a class A felony, the board shall postpone a decision on parole of the
1228	1228	inmate to a time at least 30 days after notification is given as provided in
1229	1229	this section. Nothing in this section shall create a cause of action against
1230	1230	the state or an employee of the state acting within the scope of the
1231	1231	employee's employment as a result of the failure to notify pursuant to this
1232	1232	section. If granted parole, the inmate may be released on parole on the date
1233	1233	specified by the board, but not earlier than the date the inmate is eligible
1234	1234	for parole under subsections (a), (b) and (c). At each parole hearing and, if
1235	1235	parole is not granted, at such intervals thereafter as it determines
1236	1236	appropriate, the board shall consider:
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1280	1280	(1) Whether the inmate has satisfactorily completed the programs
1281	1281	required by any agreement entered under K.S.A. 75-5210a, and
1282	1282	amendments thereto, or any revision of such agreement; and
1283	1283	(2) all pertinent information regarding such inmate, including, but not
1284	1284	limited to, the circumstances of the offense of the inmate; the presentence
1285	1285	report; the previous social history and criminal record of the inmate; the
1286	1286	conduct, employment, and attitude of the inmate in prison; the reports of
1287	1287	such physical and mental examinations as have been made, including, but
1288	1288	not limited to, risk factors revealed by any risk assessment of the inmate;
1289	1289	comments of the victim and the victim's family including in person
1290	1290	comments, contemporaneous comments and prerecorded comments made
1291	1291	by any technological means; comments of the public; official comments;
1292	1292	any recommendation by the staff of the facility where the inmate is
1293	1293	incarcerated; proportionality of the time the inmate has served to the
1294	1294	sentence a person would receive under the Kansas sentencing guidelines
1295	1295	for the conduct that resulted in the inmate's incarceration; and capacity of
1296	1296	state correctional institutions.
1297	1297	(i) In those cases involving inmates sentenced for a crime committed
1298	1298	after July 1, 1993, the prisoner review board will review the inmate's
1299	1299	proposed release plan. The board may schedule a hearing if they desire.
1300	1300	The board may impose any condition they deem necessary to insure public
1301	1301	safety, aid in the reintegration of the inmate into the community, or items
1302	1302	not completed under the agreement entered into under K.S.A. 75-5210a,
1303	1303	and amendments thereto. The board may not advance or delay an inmate's
1304	1304	release date. Every inmate while on postrelease supervision shall remain in
1305	1305	the legal custody of the secretary of corrections and is subject to the orders
1306	1306	of the secretary.
1307	1307	(j) (1) Before ordering the parole of any inmate, the prisoner review
1308	1308	board shall have the inmate appear either in person or via a video
1309	1309	conferencing format and shall interview the inmate unless impractical
1310	1310	because of the inmate's physical or mental condition or absence from the
1311	1311	institution. Every inmate while on parole shall remain in the legal custody
1312	1312	of the secretary of corrections and is subject to the orders of the secretary.
1313	1313	Whenever the board formally considers placing an inmate on parole and
1314	1314	no agreement has been entered into with the inmate under K.S.A. 75-
1315	1315	5210a, and amendments thereto, the board shall notify the inmate in
1316	1316	writing of the reasons for not granting parole. If an agreement has been
1317	1317	entered under K.S.A. 75-5210a, and amendments thereto, and the inmate
1318	1318	has not satisfactorily completed the programs specified in the agreement,
1319	1319	or any revision of such agreement, the board shall notify the inmate in
1320	1320	writing of the specific programs that the inmate must satisfactorily
1321	1321	complete before parole will be granted. If parole is not granted only
1322	1322	because of a failure to satisfactorily complete such programs, the board
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1366	1366	shall grant parole upon the secretary's certification that the inmate has
1367	1367	successfully completed such programs. If an agreement has been entered
1368	1368	under K.S.A. 75-5210a, and amendments thereto, and the secretary of
1369	1369	corrections has reported to the board in writing that the inmate has
1370	1370	satisfactorily completed the programs required by such agreement, or any
1371	1371	revision thereof, the board shall not require further program participation.
1372	1372	However, if the board determines that other pertinent information
1373	1373	regarding the inmate warrants the inmate's not being released on parole,
1374	1374	the board shall state in writing the reasons for not granting the parole. If
1375	1375	parole is denied for an inmate sentenced for a crime other than a class A or
1376	1376	class B felony or an off-grid felony, the board shall hold another parole
1377	1377	hearing for the inmate not later than one year after the denial unless the
1378	1378	board finds that it is not reasonable to expect that parole would be granted
1379	1379	at a hearing if held in the next three years or during the interim period of a
1380	1380	deferral. In such case, the board may defer subsequent parole hearings for
1381	1381	up to three years but any such deferral by the board shall require the board
1382	1382	to state the basis for its findings. If parole is denied for an inmate
1383	1383	sentenced for a class A or class B felony or an off-grid felony, the board
1384	1384	shall hold another parole hearing for the inmate not later than three years
1385	1385	after the denial unless the board finds that it is not reasonable to expect
1386	1386	that parole would be granted at a hearing if held in the next 10 years or
1387	1387	during the interim period of a deferral. In such case, the board may defer
1388	1388	subsequent parole hearings for up to 10 years, but any such deferral shall
1389	1389	require the board to state the basis for its findings.
1390	1390	(2) Inmates sentenced for a class A or class B felony who have not
1391	1391	had a board hearing in the five years prior to July 1, 2010, shall have such
1392	1392	inmates' cases reviewed by the board on or before July 1, 2012. Such
1393	1393	review shall begin with the inmates with the oldest deferral date and
1394	1394	progress to the most recent. Such review shall be done utilizing existing
1395	1395	resources unless the board determines that such resources are insufficient.
1396	1396	If the board determines that such resources are insufficient, then the
1397	1397	provisions of this paragraph are subject to appropriations therefor.
1398	1398	(k) (1) Parolees and persons on postrelease supervision shall be
1399	1399	assigned, upon release, to the appropriate level of supervision pursuant to
1400	1400	the criteria established by the secretary of corrections.
1401	1401	(2) Parolees and persons on postrelease supervision are, and shall
1402	1402	agree in writing to be, subject to searches of the person and the person's
1403	1403	effects, vehicle, residence and property by a parole officer or a department
1404	1404	of corrections enforcement, apprehension and investigation officer, at any
1405	1405	time of the day or night, with or without a search warrant and with or
1406	1406	without cause. Nothing in this subsection shall be construed to authorize
1407	1407	such officers to conduct arbitrary or capricious searches or searches for the
1408	1408	sole purpose of harassment.
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1452	1452	(3) Parolees and persons on postrelease supervision are, and shall
1453	1453	agree in writing to be, subject to searches of the person and the person's
1454	1454	effects, vehicle, residence and property by any law enforcement officer
1455	1455	based on reasonable suspicion of the person violating conditions of parole
1456	1456	or postrelease supervision or reasonable suspicion of criminal activity. Any
1457	1457	law enforcement officer who conducts such a search shall submit a written
1458	1458	report to the appropriate parole officer no later than the close of the next
1459	1459	business day after such search. The written report shall include the facts
1460	1460	leading to such search, the scope of such search and any findings resulting
1461	1461	from such search.
1462	1462	(l) The prisoner review board shall promulgate rules and regulations
1463	1463	in accordance with K.S.A. 77-415 et seq., and amendments thereto, not
1464	1464	inconsistent with the law and as it may deem proper or necessary, with
1465	1465	respect to the conduct of parole hearings, postrelease supervision reviews,
1466	1466	revocation hearings, orders of restitution, reimbursement of expenditures
1467	1467	by the state board of indigents' defense services and other conditions to be
1468	1468	imposed upon parolees or releasees. Whenever an order for parole or
1469	1469	postrelease supervision is issued it shall recite the conditions thereof.
1470	1470	(m) Whenever the prisoner review board orders the parole of an
1471	1471	inmate or establishes conditions for an inmate placed on postrelease
1472	1472	supervision, the board shall require that the inmate:
1473	1473	(1) Obey all laws and ordinances and report any law enforcement
1474	1474	contact to the inmate's supervision officer within 24 hours after such
1475	1475	contact;
1476	1476	(2) not engage in physical violence or threats of violence of any kind
1477	1477	and, if the inmate is being supervised for conviction of a felony, not
1478	1478	purchase or possess a dangerous weapon, including a firearm, while on
1479	1479	supervision;
1480	1480	(3) report to the inmate's supervision officer as directed and be
1481	1481	truthful in all matters;
1482	1482	(4) remain within the state of Kansas or other specified areas as
1483	1483	defined by the defendant's supervision officer;
1484	1484	(5) reside at the inmate's approved residence unless the defendant
1485	1485	receives permission from the inmate's supervision officer to relocate and
1486	1486	notify the inmate's supervision officer within 24 hours after any emergency
1487	1487	changes in residence or contact information;
1488	1488	(6) except as provided in subsection (n), not possess, use or distribute
1489	1489	any controlled substances except those prescribed by a licensed medical
1490	1490	professional;
1491	1491	(7) not possess or consume any form of alcohol or intoxicating
1492	1492	substance or enter any establishment where alcohol is sold or consumed as
1493	1493	the primary business;
1494	1494	(8) submit to any form of alcohol or substance use testing directed by
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1538	1538	the inmate's supervision officer and not alter or tamper with the specimen
1539	1539	or test;
1540	1540	(9) participate in assessment, treatment, programming and other
1541	1541	directives of the court or the inmate's supervision officer;
1542	1542	(10) submit to searches of the person and the person's effects, vehicle,
1543	1543	residence and property by a parole officer or a department of corrections
1544	1544	enforcement, apprehension and investigation officer, at any time of the day
1545	1545	or night, with or without a search warrant and with or without cause,
1546	1546	except that nothing in this paragraph shall be construed to authorize such
1547	1547	officers to conduct arbitrary or capricious searches or searches for the sole
1548	1548	purpose of harassment;
1549	1549	(11) submit to searches of the person and the person's effects, vehicle,
1550	1550	residence and property by any law enforcement officer based on
1551	1551	reasonable suspicion of the person violating conditions of parole or
1552	1552	postrelease supervision or reasonable suspicion of criminal activity;
1553	1553	(12) refrain from contacting victims unless authorized by the board to
1554	1554	contact a victim as part of rehabilitative or therapeutic purposes;
1555	1555	(13) pay the administrative fee imposed pursuant to K.S.A. 22-4529,
1556	1556	and amendments thereto, unless the board finds compelling circumstances
1557	1557	that would render payment unworkable; and
1558	1558	(14) unless the board finds compelling circumstances that would
1559	1559	render a plan of payment unworkable, reimburse the state for all or part of
1560	1560	the expenditures by the state board of indigents' defense services to
1561	1561	provide counsel and other defense services to the person. In determining
1562	1562	the amount and method of payment of such sum, the prisoner review board
1563	1563	shall take account of the financial resources of the person and the nature of
1564	1564	the burden that the payment of such sum will impose. Such amount shall
1565	1565	not exceed the amount claimed by appointed counsel on the payment
1566	1566	voucher for indigents' defense services or the amount prescribed by the
1567	1567	board of indigents' defense services reimbursement tables as provided in
1568	1568	K.S.A. 22-4522, and amendments thereto, whichever is less, minus any
1569	1569	previous payments for such services.
1570	1570	(n) The prisoner review board shall not impose any condition of
1571	1571	parole or postrelease supervision that prohibits the inmate from using
1572	1572	marijuana as defined in section 1, and amendments thereto, unless the
1573	1573	court makes a finding that marijuana use would create a danger to the
1574	1574	inmate or another person. A marijuana infraction as described in section
1575	1575	1, and amendments thereto, or a drug test that is positive for marijuana
1576	1576	shall not be considered as a violation of a condition of parole or
1577	1577	postrelease supervision.
1578	1578	(o) Any law enforcement officer who conducts a search pursuant to
1579	1579	subsection (m)(11) shall submit a written report to the inmate's parole
1580	1580	officer not later than the close of business the next day after such search is
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1624	1624	conducted. The written report shall include the facts leading to such
1625	1625	search, the scope of such search and any findings resulting from such
1626	1626	search.
1627	1627	(o)(p) If the court that sentenced an inmate specified at the time of
1628	1628	sentencing the amount and the recipient of any restitution ordered as a
1629	1629	condition of parole or postrelease supervision, the prisoner review board
1630	1630	shall order as a condition of parole or postrelease supervision that the
1631	1631	inmate pay restitution in the amount and manner provided in the journal
1632	1632	entry unless the board finds compelling circumstances that would render a
1633	1633	plan of restitution unworkable.
1634	1634	(p)(q) Whenever the prisoner review board grants the parole of an
1635	1635	inmate, the board, within 14 days of the date of the decision to grant
1636	1636	parole, shall give written notice of the decision to the county or district
1637	1637	attorney of the county where the inmate was sentenced.
1638	1638	(q)(r) When an inmate is to be released on postrelease supervision,
1639	1639	the secretary, within 30 days prior to release, shall provide the county or
1640	1640	district attorney of the county where the inmate was sentenced written
1641	1641	notice of the release date.
1642	1642	(r)(s) Inmates shall be released on postrelease supervision upon the
1643	1643	termination of the prison portion of their sentence. Time served while on
1644	1644	postrelease supervision will vest.
1645	1645	(s)(t) An inmate who is allocated regular good time credits as
1646	1646	provided in K.S.A. 22-3725, and amendments thereto, may receive
1647	1647	meritorious good time credits in increments of not more than 90 days per
1648	1648	meritorious act. These credits may be awarded by the secretary of
1649	1649	corrections when an inmate has acted in a heroic or outstanding manner in
1650	1650	coming to the assistance of another person in a life-threatening situation,
1651	1651	preventing injury or death to a person, preventing the destruction of
1652	1652	property or taking actions that result in a financial savings to the state.
1653	1653	(t)(u) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C)
1654	1654	and (d)(1)(E) shall be applied retroactively as provided in subsection(u).
1655	1655	(u)(v) For offenders sentenced prior to July 1, 2014, who are eligible
1656	1656	for modification of their postrelease supervision obligation, the department
1657	1657	of corrections shall modify the period of postrelease supervision as
1658	1658	provided for by this section:
1659	1659	(1) On or before September 1, 2013, for offenders convicted of:
1660	1660	(A) Severity levels 9 and 10 crimes on the sentencing guidelines grid
1661	1661	for nondrug crimes;
1662	1662	(B) severity level 4 crimes on the sentencing guidelines grid for drug
1663	1663	crimes committed prior to July 1, 2012; and
1664	1664	(C) severity level 5 crimes on the sentencing guidelines grid for drug
1665	1665	crimes committed on and after July 1, 2012;
1666	1666	(2) on or before November 1, 2013, for offenders convicted of:
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1710	1710	(A) Severity levels 6, 7 and 8 crimes on the sentencing guidelines
1711	1711	grid for nondrug crimes;
1712	1712	(B) level 3 crimes on the sentencing guidelines grid for drug crimes
1713	1713	committed prior to July 1, 2012; and
1714	1714	(C) level 4 crimes on the sentencing guidelines grid for drug crimes
1715	1715	committed on or after July 1, 2012; and
1716	1716	(3) on or before January 1, 2014, for offenders convicted of:
1717	1717	(A) Severity levels 1, 2, 3, 4 and 5 crimes on the sentencing
1718	1718	guidelines grid for nondrug crimes;
1719	1719	(B) severity levels 1 and 2 crimes on the sentencing guidelines grid
1720	1720	for drug crimes committed at any time; and
1721	1721	(C) severity level 3 crimes on the sentencing guidelines grid for drug
1722	1722	crimes committed on or after July 1, 2012.
1723	1723	(v)(w) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
1724	1724	4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for
1725	1725	crimes committed on or after July 1, 2006, shall be placed on parole for
1726	1726	life and shall not be discharged from supervision by the prisoner review
1727	1727	board. When the board orders the parole of an inmate pursuant to this
1728	1728	subsection, the board shall order as a condition of parole that the inmate be
1729	1729	electronically monitored for the duration of the inmate's natural life.
1730	1730	(w)(x) Whenever the prisoner review board orders a person to be
1731	1731	electronically monitored pursuant to this section, or the court orders a
1732	1732	person to be electronically monitored pursuant to K.S.A. 21-6604(r), and
1733	1733	amendments thereto, the board shall order the person to reimburse the state
1734	1734	for all or part of the cost of such monitoring. In determining the amount
1735	1735	and method of payment of such sum, the board shall take account of the
1736	1736	financial resources of the person and the nature of the burden that the
1737	1737	payment of such sum will impose.
1738	1738	(x)(y) (1) On and after July 1, 2012, for any inmate who is a sex
1739	1739	offender, as defined in K.S.A. 22-4902, and amendments thereto,
1740	1740	whenever the prisoner review board orders the parole of such inmate or
1741	1741	establishes conditions for such inmate placed on postrelease supervision,
1742	1742	such inmate shall agree in writing to not possess pornographic materials.
1743	1743	(A) As used in this subsection, "pornographic materials" means any
1744	1744	obscene material or performance depicting sexual conduct, sexual contact
1745	1745	or a sexual performance; and any visual depiction of sexually explicit
1746	1746	conduct.
1747	1747	(B) As used in this subsection, all other terms have the meanings
1748	1748	provided by K.S.A. 21-5510, and amendments thereto.
1749	1749	(2) The provisions of this subsection shall be applied retroactively to
1750	1750	every sex offender, as defined in K.S.A. 22-4902, and amendments
1751	1751	thereto, who is on parole or postrelease supervision on July 1, 2012. The
1752	1752	prisoner review board shall obtain the written agreement required by this
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1796	1796	subsection from such offenders as soon as practicable.
1797	1797	Sec. 6. K.S.A. 21-5706 and 21-5709 and K.S.A. 2024 Supp. 21-6607
1798	1798	and 22-3717 are hereby repealed.
1799	1799	Sec. 7. This act shall take effect and be in force from and after its
1800	1800	publication in the statute book.
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