21-4632. Defendants sentenced to custody of secretary of corrections; judgment form, content; presentence investigation and other diagnostic reports to accompany defendant; crimes committed on or afte
21-4632
21-4632. Defendants sentenced to custody of secretary of corrections;judgment form, content; presentence investigation and other diagnostic reportsto accompany defendant; crimes committed on or after July 1, 1993.(a) If the defendant is to be sentenced to the custody of thesecretaryof corrections, the court may prepare a judgment form which shall besigned by the court and filed with the clerk. If prepared, the judgmentform shall reflect the conviction, the sentence and the commitment, andshall contain the following:
(1) The pronouncement of guilt including:
(A) The title of the crime;
(B) the statute violated; and
(C) the date the offense occurred.
(2) The sentence imposed including:
(A) The severity level of the crime of conviction, criminal historydesignation and grid block or departure sentence;
(B) if applicable, a description of any increase in sentence becauseof departure criteria;
(C) if applicable, a statement that this defendant has beenconvicted of severity levels 1 through 5 by reason of aiding, abetting,advising or counseling another to commit a crime, or by reason of theprinciple provided in subsection (2) of K.S.A. 21-3205 andamendments thereto;
(D) a statement of the effective date of the sentence indicatingwhether it is the date of imposition or some date earlier to give creditfor time confined pending disposition of the case pursuant to K.S.A.21-4614 and amendments thereto or credit for time on probation orassignment to community corrections pursuant to K.S.A. 21-4614a andamendments thereto.
(3) The order of commitment to the custody of the secretary, if notissued as a separate order.
(b) The court may attach to or include in the judgment form any ofthe following:
(1) A statement of reasons for imposing a departure sentence;
(2) a description of aggravating or mitigating circumstances thecourt took into consideration when ordering the commitment;
(3) the copy of the evidence from trial or part thereof transmittedpursuant to K.S.A. 75-5219 and amendments thereto.
(c) The court shall forward a copy of all presentence investigationreports and other diagnostic reports on the offender received by thedistrict court, including any reports received from the Topeka correctionalfacility--east or the state security hospital, to the officer having theoffender in custody for delivery with the offender to the correctionalinstitution.
History: L. 1992, ch. 239, § 249; July 1, 1993.