21-4724. Sentencing; application of guidelines to persons who committed crimes prior to July 1, 1993; modification and conversion of certain sentences; review of sentences of persons in custody; depar
21-4724
21-4724. Sentencing; application of guidelines to persons who committedcrimes prior to July 1, 1993; modification and conversion of certain sentences;review of sentences of persons in custody; department to determine criminalhistory classification and prepare sentencing guideline report on inmates;filing of reports; request for hearing; determination by court; crimescommitted prior to July 1, 1993, but sentence imposed after such date.(a) The sentencing grid for nondrug crimes as provided in K.S.A. 21-4704 andthe sentencing grid for drug crimes as provided in K.S.A. 21-4705 shall beapplied for crimes committed before July 1, 1993, asprovided in this section.
(b) (1) Except as provided in subsection (d), persons who committed crimeswhich would be classified in a presumptive nonimprisonment gridblock on either sentencing grid, in grid blocks 5-H, 5-I or 6-G ofthe nondrug grid or in grid blocks 3-H or 3-Iof the drug grid, pursuant to the provisions of subsection (c) of K.S.A.21-4705 and amendments thereto, if sentenced pursuant to the Kansassentencing guidelines act, and were sentenced prior to July 1, 1993, shall havetheir sentences modifiedaccording to the provisions specified in the Kansas sentencing guidelines act.
(2) Except as provided in subsection (d), offenders on probation,assignment to community corrections, conditional release or parole for crimesclassified in subsection (b)(1)committed prior to July 1, 1993, who have such probation, assignment tocommunity corrections, conditional release or parole revokedshall havetheir sentences modified according to the provisionsspecified in the Kansas sentencing guidelines act.
(c) (1) Except as provided in subsection (f), the department of correctionsshall conduct a review of all personswho committed crimes and were sentenced prior to July 1, 1993, and areimprisoned in the custody of the secretary of corrections as of that date.The departmentshall prepare a sentencing guidelines report on all such imprisoned inmatesexcept those who have convictions for crimes which, if committed on or afterJuly 1, 1993, would constitute a severity level 1, 2, 3 or 4 felony on thesentencing guidelines grid for nondrug crimes or a severity level 1, 2 or 3felony on the sentencing guidelines grid for drug crimes,but, including those in grid blocks 3-H or 3-I of the drug grid, pursuant tothe provisions of subsection (c) of K.S.A. 21-4705 and amendmentsthereto, which shall review and determinewhat the person's sentence as provided by the crime severity and criminalhistory grid matrix established by the Kansas sentencing commission guidelinesact would be as if the crime were committed on or after July 1, 1993. A copyof the report shall be transmitted to the inmate, thecounty or district attorney for the county from which the inmate wassentenced, and the sentencingcourt.
(2) In determining the criminal history classification, the department ofcorrections shall conduct a reasonable search of the inmate's file andavailable presentence report, and make a reasonable inquiry of the Kansasbureau of investigation and the federal bureau of investigation, for otherrecords of criminal or juvenile convictions which would affect the criminalhistory classification.
(3) The department of corrections shall have access to any juvenile recordsmaintained by the Kansas bureau of investigation or the department ofsocial and rehabilitation services for use in determining the person's criminalhistory classification.
(4) The criminal history classification as determined by the department ofcorrections shall be deemed to be correct unless objection thereto is filed byeither the person or the prosecution officer within the 30-day period providedto request a hearing. If an objection is filed, the sentencing court shalldetermine the person's criminal history classification. The burden of proofshall be on the prosecution officer regarding disputed criminal history issues.
(5) The department of corrections shall complete and submit to theappropriate parties the report on all imprisoned inmates witha controlling sentencewhich, if committed on and after July 1, 1993, would constitute a severitylevel 9 or 10 felony on the sentencing guidelines grid for nondrug crimesby August 15, 1993.
(6) The department of corrections shall complete and submit to theappropriate parties the report on all imprisoned inmates witha controlling sentencewhich, if committed on and after July 1, 1993, would constitute aseverity level 7 or 8 felony on the sentencing guidelines grid for nondrugcrimes by October 15, 1993.
(7) The department of corrections shall complete and submit to theappropriate parties the report on all imprisoned inmates witha controlling sentence which, if committed on and after July 1, 1993, wouldbe classified in grid blocks 5-H, 5-I, 6-G, 6-H or 6-I of thesentencing guidelines grid for nondrug crimes or in grid blocks 3-H or 3-I ofthe drug grid, pursuant to the provisions of subsection (c) of K.S.A. 21-4705and amendments thereto,by December 1, 1993.
(d) (1) Within 30 days of the issuance of such report, the person whocommitted the crime and the prosecution officer shall have the right to requesta hearing by filing a motion with the sentencing court, regardingconversion to a sentence under the Kansas sentencingguidelines act to be held in the jurisdiction where the original criminal casewas filed. The secretary of corrections shall be provided written notice ofany requestfor a hearing. If a request for a hearing is not filed within 30 days of theissuance of the report, the department shall convert the person's sentence toone provided for under the sentencing guidelines and provide notification ofthat action to the person, the prosecution officer, and the court in thejurisdiction where theoriginal criminal case was held. The conversion by the department ofcorrections to the sentencing guidelines shall be to the mid-point of the rangein the applicable grid box.The secretary of corrections shall be authorized to implement a convertedsentence as provided in this section, if the secretary has not received writtennotice of a request for a hearing by the close of normal business hours on thefifth business day after expiration of the 30-day period.
(2) In the event a hearing is requested and held, the court shall determinethe applicable sentence as prescribed by the Kansas sentencing guidelines act.
(3) In the event a hearing is requested, the court shall schedule and holdthe hearing within 60 days after it was requested and shall rule on the issuesraised by the parties within 30 days after the hearing.
(4) Such offender shall be represented by appointed counsel pursuant to theprovisions of K.S.A. 22-4501 et seq. and amendments thereto.
(5) Nothing contained in this section shall be construed as requiring theappearance in person of the offender or creating such a right of appearance inperson of the offender at the hearing provided in this section regardingconversion to a sentence under the Kansas sentencing guidelines act.
(6) The court shall enter an order regarding the person's sentence andforward that order to the secretary of corrections who shall administer thesentence.
(e) If a sentence is converted as provided by this section, then all therights and privileges accorded by the Kansas sentencing guidelines act shall beapplicable. A person's sentence shall not be increased in length through aconversion to one under sentencing guidelines.
(f) In the case of any person to whom the provisions of this section shallapply, who committed a crime prior to July 1, 1993, but was sentenced afterJuly 1, 1993, the sentencing court shall impose a sentence as provided pursuantto law as the law existed prior to July 1, 1993, and shall compute theappropriate sentence had the person been sentenced pursuant to the Kansassentencing guidelines.
History: L. 1992, ch. 239, § 24;L. 1993, ch. 291, § 268; July 1.