21-4603d. Authorized dispositions, crimes committed on or after July 1, 1993.
21-4603d
21-4603d. Authorized dispositions, crimes committedon or after July 1, 1993.(a) Whenever any person has been found guilty of a crime, the court may adjudgeany of the following:
(1) Commit the defendant to the custody of the secretary of corrections ifthe current crime of conviction is a felony and the sentence presumesimprisonment, or the sentence imposed is a dispositional departure toimprisonment; or, if confinement is for a misdemeanor, to jail for the termprovided by law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation if the current crime of conviction andcriminal history fall within a presumptive nonprison category or through adeparture for substantial and compelling reasons subject to such conditions asthe court may deem appropriate. In felony cases except for violations ofK.S.A. 8-1567, and amendments thereto, the court may include confinementin acounty jail not to exceed 60 days, which need not be servedconsecutively, as a condition of an original probation sentence andup to 60 days in a county jail upon each revocation of the probationsentence, or community corrections placement;
(4) assign the defendant to a community correctional services program asprovided in K.S.A. 75-5291, andamendments thereto, or through a departure for substantial and compellingreasons subject to such conditions as the court may deem appropriate,including orders requiring full or partial restitution;
(5) assign the defendant to a conservation camp for a period not to exceedsix months as a condition of probation followed by a six-month period offollow-up through adult intensive supervision by a community correctionalservices program, if the offender successfully completes the conservation campprogram;
(6) assign the defendant to a house arrest program pursuant to K.S.A.21-4603b and amendments thereto;
(7) order the defendant to attend and satisfactorily complete an alcohol ordrug education or training program as provided by subsection (3) of K.S.A.21-4502, and amendments thereto;
(8) order the defendant to repay the amount of any reward paid by any crimestoppers chapter, individual, corporation or public entity which materiallyaided in the apprehension or conviction of the defendant; repay the amount ofany costs and expenses incurred by any law enforcement agency in theapprehension of the defendant, if one of the current crimes of conviction ofthe defendant includes escape, as defined in K.S.A. 21-3809, andamendmentsthereto, or aggravated escape, as defined in K.S.A. 21-3810, andamendmentsthereto;repay expensesincurred by a fire district, fire department or fire company responding to afire which has been determined to be arson under K.S.A. 21-3718 or 21-3719,and amendments thereto, if the defendant is convicted of such crime;repay the amount of any public funds utilized by a law enforcementagency to purchase controlled substances from the defendant during theinvestigation which leads to the defendant's conviction; or repay the amountof any medical costs and expenses incurred by any law enforcement agency orcounty. Such repayment of theamount of any such costs and expenses incurred by a county, lawenforcement agency,fire district, fire department or fire company orany public funds utilized by a law enforcement agency shall be deposited andcredited to the same fund from which the public funds were credited to prior touse by the county, law enforcement agency, fire district, firedepartment or firecompany;
(9) order the defendant to pay the administrative fee authorized byK.S.A. 22-4529, and amendments thereto, unless waived by the court;
(10) order the defendant to pay a domestic violence special program feeauthorized byK.S.A. 20-369, and amendments thereto;
(11) impose any appropriatecombination of (1), (2), (3), (4), (5), (6), (7),(8), (9) and (10); or
(12) suspend imposition of sentence in misdemeanor cases.
(b) (1) In addition to or in lieu of any of the above, the courtshallorder thedefendant to pay restitution, which shall include, but not be limited to,damage or loss caused by the defendant's crime, unless the court findscompelling circumstances which would render a plan of restitutionunworkable. In regard to a violation of K.S.A. 21-4018, and amendmentsthereto, such damage or loss shallinclude, but not be limited to, attorney fees and costs incurred to repair thecredit history or rating of the personwhose personal identification documents were obtained and used in violation ofsuch section, and to satisfy a debt,lien or other obligation incurred by the person whose personal identificationdocuments were obtained and used inviolation of such section. If the court finds a plan of restitutionunworkable, the courtshall state on the record in detail the reasons therefor.
(2) If the court orders restitution, the restitution shall be ajudgment againstthe defendant which may be collected by the court by garnishment or otherexecution as on judgments in civil cases. If, after 60 days from the daterestitution is ordered by the court, a defendant is found to be innoncompliance with the plan established by the court for payment ofrestitution, and the victim to whom restitution is ordered paid has notinitiated proceedings in accordance withK.S.A. 60-4301et seq., andamendments thereto, the court shall assign an agent procured by the attorneygeneral pursuant to K.S.A. 75-719, and amendments thereto, tocollect therestitution on behalf of the victim. The administrative judge of each judicialdistrict may assign such cases to an appropriate division of the court for theconduct of civil collection proceedings.
(c) In addition to or in lieu of any of the above, the court shallorderthedefendant to submit to and complete an alcohol and drug evaluation, and pay afee therefor, when required by subsection (4) of K.S.A. 21-4502, andamendments thereto.
(d) In addition to any of the above, the court shall order thedefendanttoreimburse the county general fund for all or a part of the expenditures by thecounty to provide counsel and other defense services to the defendant. Anysuch reimbursement to the county shall be paid only after any order forrestitution has been paid in full. In determining the amount and method ofpayment of such sum, the court shall take account of the financial resources ofthe defendant and the nature of the burden that payment of such sum willimpose. A defendant who has been required to pay such sum and who is notwillfully in default in the payment thereof may at any time petition the courtwhich sentenced the defendant to waive payment of such sum or any unpaidportion thereof. If it appears to the satisfaction of the court that paymentof the amount due will impose manifest hardship on the defendant or thedefendant's immediate family, the court may waive payment of all or part of theamount due or modify the method of payment.
(e) In imposing a fine the court may authorize the payment thereof ininstallments.In releasing a defendant on probation, the court shall direct that thedefendant be under the supervision of a court services officer. If the courtcommits the defendant to the custody of the secretary of corrections orto jail, the court may specify in its order the amount of restitution to bepaid and the person to whom it shall be paid if restitution is later ordered asa condition of parole, conditional release or postreleasesupervision.
(f) (1) When a new felony is committed while the offender isincarceratedandserving asentence for a felony,or while the offender is on probation, assignment to acommunity correctional services program, parole, conditional release, orpostrelease supervision for a felony, a new sentence shall be imposed pursuantto the consecutive sentencing requirements of K.S.A. 21-4608, and amendmentsthereto, and the court may sentence the offender to imprisonment for the newconviction, even when the new crime of conviction otherwise presumes anonprison sentence. In this event, imposition of a prison sentence for the newcrime does not constitute a departure.
(2) When a new felony is committed while the offender is incarcerated in ajuvenile correctional facility pursuant to K.S.A. 38-1671 prior to its repealor K.S.A. 2009 Supp. 38-2373, and amendments thereto, for anoffense, which ifcommitted by an adult would constitute the commission of a felony, uponconviction, the court shall sentence the offender to imprisonment for the newconviction, even when the new crime of conviction otherwise presumes anonprison sentence. In this event, imposition of a prison sentence for the newcrime does not constitute a departure. The conviction shall operate as a fulland complete discharge from any obligations, except for an order ofrestitution, imposed on the offender arising from the offense for which theoffender was committed to a juvenile correctional facility.
(3) When a new felony is committed while theoffender is on release for a felony pursuant to the provisions of article 28 ofchapter 22 of the Kansas Statutes Annotated, or similar provisions of thelaws of another jurisdiction, a new sentence may be imposedpursuant to the consecutive sentencing requirements of K.S.A. 21-4608,andamendments thereto, and the court may sentence the offender to imprisonment forthe new conviction, even when the new crime of conviction otherwise presumes anonprison sentence. In this event, imposition of a prison sentence for the newcrime does not constitute a departure.
(g) Prior to imposing a dispositional departure for a defendant whoseoffense isclassified in the presumptive nonprison grid block of either sentencingguideline grid, prior to sentencing a defendant to incarceration whose offenseis classified in grid blocks 5-H, 5-I or 6-G of the sentencing guidelines gridfor nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H or3-I of thesentencing guidelines grid for drug crimes, prior to sentencing a defendantto incarceration whose offense is classified in grid blocks 4-E or 4-F of thesentencing guideline grid for drug crimes and whose offense does not meet therequirements ofK.S.A. 21-4729, and amendments thereto, prior torevocation of anonprison sanction of a defendant whose offense is classified in grid blocks4-E or 4-F of the sentencing guideline grid for drug crimes and whose offensedoes not meet the requirements ofK.S.A. 21-4729, and amendmentsthereto, orprior to revocation of anonprison sanction of a defendant whose offense is classified in thepresumptive nonprison grid block of either sentencing guideline grid or gridblocks 5-H, 5-I or 6-G of the sentencing guidelines grid for nondrug crimes orin grid blocks 3-E, 3-F, 3-G, 3-H or 3-I ofthe sentencing guidelinesgrid for drug crimes, the court shall consider placement of the defendant inthe Labette correctional conservation camp, conservation camps established bythe secretary of corrections pursuant to K.S.A. 75-52,127, and amendmentthereto or a community intermediate sanction center. Pursuant to this paragraphthe defendant shall not be sentenced to imprisonment if space is available in aconservation camp or a community intermediate sanction center and the defendantmeets all of the conservation camp's or a community intermediate sanctioncenter's placement criteria unless the court states on the record the reasonsfor not placing the defendant in a conservation camp or a communityintermediate sanction center.
(h) The court in committing a defendant to the custody of thesecretaryofcorrections shall fix a term of confinement within the limits provided by law.In those cases where the law does not fix a term of confinement for the crimefor which the defendant was convicted, the court shall fix the term of suchconfinement.
(i) In addition to any of the above, the court shall order thedefendanttoreimburse the state general fund for all or a part of the expenditures by thestate board of indigents' defense services to provide counsel and other defenseservices to the defendant. In determining the amount and method of payment ofsuch sum, the court shall take account of the financial resources of thedefendant and the nature of the burden that payment of such sum will impose. Adefendant who has been required to pay such sum and who is not willfully indefault in the payment thereof may at any time petition the court whichsentenced the defendant to waive payment of such sum or any unpaid portionthereof. If it appears to the satisfaction of the court that payment of theamount due will impose manifest hardship on the defendant or the defendant'simmediate family, the court may waive payment of all or part of the amount dueor modify the method of payment. The amount of attorney fees to be included inthe court order for reimbursement shall be the amount claimed by appointedcounsel on the payment voucher for indigents' defense services or the amountprescribed by the board of indigents' defense services reimbursement tables asprovided in K.S.A. 22-4522, and amendments thereto, whichever is less.
(j) This section shall not deprive the court of anyauthority conferred byany other Kansas statute to decree a forfeiture of property, suspend or cancela license, remove a person from office, or impose any other civil penalty as aresult of conviction of crime.
(k) An application for or acceptance of probation orassignment to acommunity correctional services program shall not constitute an acquiescence inthe judgment for purpose of appeal, and any convicted person may appeal fromsuch conviction, as provided by law, without regard to whether such person hasapplied for probation, suspended sentence or assignment to a communitycorrectional services program.
(l) The secretary of corrections is authorized to makedirect placement tothe Labette correctional conservation camp or a conservation camp establishedby the secretary pursuant to K.S.A. 75-52,127, and amendments thereto, of aninmate sentenced to the secretary's custody if the inmate: (1) Has beensentenced to the secretary for a probation revocation, as a departure from thepresumptive nonimprisonment grid block of either sentencing grid, foranoffense which is classified in grid blocks 5-H, 5-I, or 6-G of the sentencingguidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G,3-H or 3-I of the sentencing guidelines grid for drug crimes, or foranoffense which is classified in gridblocks 4-E or 4-F of the sentencingguidelines grid for drug crimes and such offense does not meet therequirements ofK.S.A. 21-4729, and amendments thereto, and (2)otherwise meets admission criteria of the camp. If the inmate successfullycompletes a conservation camp program, thesecretary of corrections shall report such completion to the sentencing courtand the county or district attorney. The inmate shall then be assigned by thecourt to six months of follow-up supervision conducted by the appropriatecommunity corrections services program. The court may also order thatsupervision continue thereafter for the length of time authorized by K.S.A.21-4611 and amendments thereto.
(m) When it is provided by law that a person shall besentenced pursuant toK.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions of this sectionshall not apply.
(n) Except as provided bysubsection (f) of K.S.A. 21-4705, and amendments thereto, inaddition to any of the above, for felony violationsofK.S.A. 2009 Supp. 21-36a06,and amendments thereto,the court shall require the defendant who meets the requirements established inK.S.A. 21-4729, and amendments thereto, to participate in acertifieddrug abuse treatment program, as provided inK.S.A. 2009 Supp. 75-52,144, andamendmentsthereto, including but not limited to,an approved after-care plan. If the defendant fails toparticipate in or has a pattern of intentional conduct that demonstrates theoffender's refusal to comply with or participate in the treatment program, asestablished by judicial finding, the defendantshall be subject to revocation of probation and thedefendant shall serve the underlying prison sentence as established in K.S.A.21-4705, and amendments thereto.For those offenders who are convicted on orafter the effective date of this act, uponcompletion of the underlying prisonsentence, the defendant shall not be subject to a period of postreleasesupervision. The amount of time spent participating in such program shall notbe credited as service on the underlying prison sentence.
(o) (1) Except as provided in paragraph (3), in addition to any otherpenalty or dispositionimposed by law, upon a conviction for unlawful possession of a controlledsubstance orcontrolled substance analog in violation ofK.S.A. 2009 Supp. 21-36a06,andamendments thereto, in which the trier of fact makes a finding that theunlawful possession occurred whiletransporting the controlledsubstance or controlled substance analog in any vehicle upon a highway orstreet, the offender'sdriver's license or privilege to operate a motor vehicle on the streets andhighways of this stateshall be suspended for one year.
(2) Upon suspension of a license pursuant to this subsection, the court shallrequire the person tosurrender the license to the court, which shall transmit the license to thedivision of motorvehicles of the department of revenue, to be retained until the period ofsuspension expires. Atthat time, the licensee may apply to the division for return of the license. Ifthe license hasexpired, the person may apply for a new license, which shall be issued promptlyupon payment ofthe proper fee and satisfaction of other conditions established by law forobtaining a licenseunless another suspension or revocation of the person's privilege to operate amotor vehicle is in effect.
(3) (A) In lieu of suspending the driver's license or privilege to operatea motor vehicle on thehighways of this state of any person as provided in paragraph (1), the judge ofthe court in whichsuch person was convicted may enter an order which places conditions on suchperson's privilegeof operating a motor vehicle on the highways of this state, a certified copy ofwhich such personshall be required to carry any time such person is operating a motor vehicle onthe highways ofthis state. Any such order shall prescribe the duration of the conditionsimposed, which in noevent shall be for a period of more than one year.
(B) Upon entering an order restricting a person's license hereunder, thejudge shall require suchperson to surrender such person's driver's license to the judge who shall causeit to betransmitted to the division of vehicles, together with a copy of the order.Upon receipt thereof,the division of vehicles shall issue without charge a driver's license whichshall indicate on itsface that conditions have been imposed on such person's privilege of operatinga motor vehicleand that a certified copy of the order imposing such conditions is required tobe carried by theperson for whom the license was issued any time such person is operating amotor vehicle on thehighways of this state. If the person convicted is a nonresident, the judgeshall cause a copy of theorder to be transmitted to the division and the division shall forward a copyof it to the motor vehicle administrator, of such person's state of residence.Such judge shall furnish toany person whosedriver's license has had conditions imposed on it under this paragraph a copyof the order, whichshall be recognized as a valid Kansas driver's license until such time as thedivision shall issuethe restricted license provided for in this paragraph.
(C) Upon expiration of the period of time for which conditions are imposedpursuant to thissubsection, the licensee may apply to the division for the return of thelicense previouslysurrendered by such licensee. In the event such license has expired, suchperson may apply to the division for a new license, which shall be issuedimmediately by the divisionupon payment of the proper fee and satisfaction of the other conditionsestablished by law, unlesssuch person's privilege to operate a motor vehicle on the highways of thisstate has beensuspended or revoked prior thereto. If any person shall violate any of theconditions imposedunder this paragraph, such person's driver's license or privilege to operate amotor vehicle on thehighways of this state shall be revoked for a period of not less than 60 daysnor more than oneyear by the judge of the court in which such person is convicted of violatingsuch conditions.
(4) As used in this subsection, "highway" and "street" have the meaningsprovided by K.S.A. 8-1424 and 8-1473, and amendments thereto.
History: L. 1992, ch. 239, § 238;L. 1993, ch. 165, § 1;L. 1994, ch. 21, § 2;L. 1994, ch. 348, § 10;L. 1995, ch. 121, § 1;L. 1995, ch. 257, § 1;L. 1996, ch. 195, § 2;L. 1997, ch. 34, § 1;L. 1997, ch. 181, § 18;L. 1998, ch. 186, § 2;L. 1999, ch. 164, § 13;L. 2000, ch. 182, § 3;L. 2001, ch. 177, § 8;L. 2002, ch. 19, § 2;L. 2003, ch. 135, § 3;L. 2005, ch. 150, § 5;L. 2006, ch. 149, § 7;L. 2007, ch. 198, § 4;L. 2009, ch. 132, § 8; July 1.