21-4719. Same; limitations.
21-4719
21-4719. Same; limitations.(a) When a departure sentence is appropriate, the sentencing judge may departfrom the sentencing guidelines as provided in this section.The sentencing judgeshall not impose adownward dispositional departure sentence for any crime of extreme sexualviolence, as defined in K.S.A. 21-4716, and amendments thereto.The sentencingjudge shall not impose a downward durational departuresentence for any crime ofextreme sexual violence, as defined in K.S.A. 21-4716, and amendments thereto,to less than 50% of thecenter of the range of the sentence for such crime.
(b) When a sentencing judge departs in setting the duration of apresumptive term of imprisonment: (1) The judge shall consider and apply theenacted purposes and principles of sentencing guidelines to impose a sentencewhich is proportionate to the severity of the crime of conviction and theoffender's criminal history; and
(2) the presumptive term of imprisonment set in such departure shallnot total more than double the maximum duration of thepresumptive imprisonment term.
(c) When a sentencing judge imposes a prison term as a dispositionaldeparture: (1) The judge shall consider and apply the enacted purposesand principles of sentencing guidelines to impose a sentence which isproportionate to the severity of the crime of conviction; and
(2) the term of imprisonment shall not exceed the maximum duration ofthe presumptive imprisonment term listed within thesentencing grid. Anysentence inconsistent with the provisions of this section shall constitute anadditional departure and shall require substantial and compelling reasonsindependent of the reasons given for the dispositional departure.
(d) If the sentencing judge imposes a nonprison sentence as adispositional departure from the guidelines, the recommended duration shallbe as provided in subsection (c) of K.S.A. 21-4611 and amendments thereto.
History: L. 1992, ch. 239, § 19;L. 1993, ch. 291, § 265;L. 2008, ch. 183, § 7; July 1.