22-3717. Parole or postrelease supervision; eligibility; interviews, notices and hearings; rules and regulations; conditions of parole or postrelease supervision.
22-3717
22-3717. Parole or postrelease supervision;eligibility; interviews, notices and hearings; rules and regulations;conditions of parole or postrelease supervision.(a) Except as otherwise provided by this section; K.S.A. 1993 Supp. 21-4628prior to its repeal; K.S.A. 21-4635 through 21-4638, and amendmentsthereto;K.S.A. 8-1567, and amendments thereto; K.S.A. 21-4642, andamendmentsthereto; and K.S.A 21-4624, and amendmentsthereto, an inmate, including an inmate sentenced pursuant to K.S.A.21-4618, and amendments thereto, shall be eligible for parole afterserving the entireminimum sentence imposed by the court, less good time credits.
(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638, andamendmentsthereto, an inmate sentenced to imprisonment for the crime of capital murder,or an inmate sentenced for the crime of murder in the first degree based upon afinding of premeditated murder, committed on or after July 1, 1994, shall beeligible for parole after serving 25 years of confinement, without deduction ofany good time credits.
(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp.21-4628 prior to its repeal and K.S.A. 21-4635 through 21-4638, and amendmentsthereto, an inmate sentenced to imprisonment for an off-grid offense committedon or after July 1, 1993, but prior to July 1, 1999, shall be eligible forparole after serving 15 years of confinement, without deduction of any goodtime credits and an inmate sentenced to imprisonment for an off-grid offensecommitted on or after July 1, 1999, shall be eligible for parole after serving20 years of confinement without deduction of any good time credits.
(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, aninmate sentenced for a class A felony committed before July 1, 1993, includingan inmate sentenced pursuant to K.S.A. 21-4618, and amendments thereto,shall beeligible for parole after serving 15 years of confinement, without deduction ofany good time credits.
(4) An inmate sentenced to imprisonment for a violation of subsection (a) ofK.S.A. 21-3402, and amendments thereto, committed on or afterJuly 1, 1996, butprior to July 1, 1999, shall be eligible for parole after serving 10 years ofconfinement without deduction of any good time credits.
(5) An inmate sentenced to imprisonment pursuant to K.S.A. 21-4643, andamendments thereto, committed on or after July 1, 2006, shall be eligible forparole after serving the mandatory term of imprisonment without deduction ofany good time credits.
(c) (1) Except as provided in subsection (e), if an inmate issentenced toimprisonment for more than one crime and the sentences run consecutively, theinmate shall be eligible for parole after serving the total of:
(A) The aggregate minimum sentences, as determined pursuantto K.S.A. 21-4608and amendments thereto, less good time credits for those crimes which are notclass A felonies; and
(B) an additional 15 years, without deduction of good timecredits, for eachcrime which is a class A felony.
(2) If an inmate is sentenced to imprisonment pursuant to K.S.A. 21-4643, andamendments thereto, for crimes committed on or after July 1, 2006, the inmateshall be eligible for parole after serving the mandatory term ofimprisonment.
(d) (1) Persons sentenced for crimes, other than off-grid crimes, committedon or after July 1, 1993, or persons subject to subparagraph (G), willnot be eligible for parole, but will be released to a mandatory period ofpostrelease supervision upon completion of the prison portion of their sentenceas follows:
(A) Except as provided in subparagraphs (D) and (E), persons sentenced fornondrug severity level 1 through 4 crimes and drug severity levels 1 and 2crimes must serve 36 months, plus the amount of good time and programcredit earned and retained pursuant to K.S.A. 21-4722, and amendmentsthereto, on postrelease supervision.
(B) Except as provided in subparagraphs (D) and (E), persons sentenced fornondrug severity levels 5 and 6 crimes and drug severity level 3 crimes mustserve 24 months, plus the amount of good time and program credit earnedand retained pursuant to K.S.A. 21-4722, and amendments thereto, on postreleasesupervision.
(C) Except as provided in subparagraphs (D) and (E), persons sentenced fornondrug severity level 7 through 10 crimes and drug severity level 4 crimesmust serve 12 months, plus the amount of good time and program creditearned and retained pursuant to K.S.A. 21-4722, and amendments thereto, onpostrelease supervision.
(D) (i) The sentencing judge shall impose the postrelease supervisionperiod provided in subparagraph (d)(1)(A), (d)(1)(B) or (d)(1)(C), unless thejudge finds substantial and compelling reasons to impose a departure based upona finding that the current crime of conviction wassexuallymotivated. In that event, departure may be imposed to extend the postreleasesupervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postreleasesupervision period, the judge shall state on the record at the time ofsentencing the substantial and compelling reasons for the departure.Departures in this section are subject to appeal pursuant to K.S.A.21-4721, and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist, thecourt shall consider:
(a) Written briefs or oral arguments submitted by either thedefendant or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and anypsychological evaluation as ordered by the court pursuant to subsection (e) ofK.S.A. 21-4714, and amendments thereto; and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation beprepared and the recommended programming be completed by the offender. Thedepartment of corrections or the parole board shall ensure that court orderedsex offender treatment be carried out.
(v) In carrying out the provisions of subparagraph (d)(1)(D), the court shallrefer to K.S.A. 21-4718, and amendments thereto.
(vi) Upon petition, the parole board may provide for early discharge from thepostrelease supervision period upon completion of court ordered programs andcompletion of the presumptive postrelease supervision period, as determined bythe crime of conviction, pursuant to subparagraph (d)(1)(A), (d)(1)(B) or(d)(1)(C). Early discharge from postrelease supervision is at the discretion ofthe parole board.
(vii) Persons convicted of crimes deemed sexually violent or sexuallymotivated, shall be registered according to the offenderregistration act, K.S.A. 22-4901 through 22-4910, and amendmentsthereto.
(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, and amendmentsthereto, shall be required to participate in a treatment program for sexoffenders during the postrelease supervision period.
(E) The period of postrelease supervision provided in subparagraphs (A) and(B) may be reduced by up to 12 months and the period of postrelease supervisionprovided in subparagraph (C) may be reduced by up to six months based on theoffender's compliance with conditions of supervision and overall performancewhile on postrelease supervision. The reduction in the supervision period shallbe on an earned basis pursuant to rules and regulations adopted by thesecretary of corrections.
(F) In cases where sentences for crimes from more than one severity levelhave been imposed, the offender shall serve the longest period of postreleasesupervision as provided by this section available for any crime upon whichsentence was imposed irrespective of the severity level of the crime.Supervision periods will not aggregate.
(G) Except as provided in subsection (u), persons convicted of a sexuallyviolent crime committed on or after July 1, 2006, and who are released fromprison, shall be released to a mandatory period of postrelease supervision forthe duration of the person's natural life.
(2) As used in this section, "sexually violent crime" means:
(A) Rape, K.S.A. 21-3502, and amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, andamendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505,andamendments thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506,and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, andamendments thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J) aggravated incest, K.S.A. 21-3603, and amendments thereto; or
(K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A.21-3301, 21-3302 or 21-3303, and amendments thereto, of asexually violent crimeas defined in this section.
"Sexually motivated" means that one of the purposes forwhich the defendant committed the crime was for the purpose of the defendant'ssexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed while onparole or conditional release, the inmate shall be eligible for parole asprovided by subsection (c), except that the Kansas parole board may postponethe inmate's parole eligibility date by assessing a penalty not exceeding theperiod of time which could have been assessed if the inmate's parole orconditional release had been violated for reasons other than convictionof a crime.
(f) If a person is sentenced to prison for a crime committed on or after July1, 1993, while on probation, parole, conditional release or in a communitycorrections program, for a crime committed prior to July 1, 1993, and theperson is not eligible for retroactive application of the sentencing guidelinesand amendments thereto pursuant to K.S.A. 21-4724, and amendmentsthereto, thenew sentence shall not be aggregated with the old sentence, but shall beginwhen the person is paroled or reaches the conditional release date on the oldsentence. If the offender was past the offender's conditional release date atthe time the new offense was committed, the new sentence shall not beaggregated with the old sentence but shall begin when the person is orderedreleased by the Kansas parole board or reaches the maximum sentence expirationdate on the old sentence, whichever is earlier. The new sentence shall then beserved as otherwise provided by law. The period of postrelease supervisionshall be based on the new sentence, except that those offenders whose oldsentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993Supp. 21-4628 prior to its repeal, or an indeterminate sentence with a maximumterm of life imprisonment, for which there is no conditional release or maximumsentence expiration date, shall remain on postrelease supervision for life oruntil discharged from supervision by the Kansas parole board.
(g) Subject to the provisions of this section, the Kansas parole board mayrelease on parole those persons confined in institutions who are eligible forparole when: (1) The board believes that the inmate should be released forhospitalization, for deportation or to answer the warrant or other process of acourt and is of the opinion that there is reasonable probability that theinmate can be released without detriment to the community or to the inmate; or(2) the secretary of corrections has reported to the board in writing that theinmate has satisfactorily completed the programs required by any agreemententered under K.S.A. 75-5210a, and amendments thereto, or any revisionof suchagreement, and the board believes that the inmate is able and willing tofulfill the obligations of a law abiding citizen and is of the opinion thatthere is reasonable probability that the inmate can be released withoutdetriment to the community or to the inmate. Parole shall not be granted as anaward of clemency and shall not be considered a reduction of sentenceor a pardon.
(h) The Kansas parole board shall hold a parole hearing at least the monthprior to the month an inmate will be eligible for parole under subsections (a),(b) and (c). At least the month preceding the parole hearing, the county ordistrict attorney of the county where the inmate was convicted shall givewritten notice of the time and place of the public comment sessions for theinmate to any victim of the inmate's crime who is alive and whose address isknown to the county or district attorney or, if the victim is deceased, to thevictim's family if the family's address is known to the county or districtattorney. Except as otherwise provided, failure to notify pursuant to thissection shall not be a reason to postpone a parole hearing. In the case of anyinmate convicted of an off-grid felony or a class A felony the secretaryof corrections shall give written notice of the time and place of the publiccomment session for such inmate at least one month preceding the public commentsession to any victim of such inmate's crime or the victim's family pursuant toK.S.A. 74-7338, and amendments thereto. If notification is not given tosuchvictim or such victim's family in the case of any inmate convicted of anoff-grid felony or a class A felony, the board shall postpone a decision onparole of the inmate to a time at least 30 days after notification is given asprovided in this section. Nothing in this section shall create a cause ofaction against the state or an employee of the state acting within the scope ofthe employee's employment as a result of the failure to notify pursuant to thissection. If granted parole, the inmate may be released on parole on the datespecified by the board, but not earlier than the date the inmate is eligiblefor parole under subsections (a), (b) and (c). At each parole hearing and, ifparole is not granted, at such intervals thereafter as it determinesappropriate, the Kansas parole board shall consider: (1) Whether the inmate hassatisfactorily completed the programs required by any agreement entered underK.S.A. 75-5210a, and amendments thereto, or any revision of suchagreement; and(2) all pertinent information regarding such inmate, including, but not limitedto, the circumstances of the offense of the inmate; the presentence report; theprevious social history and criminal record of the inmate; the conduct,employment, and attitude of the inmate in prison; the reports of such physicaland mental examinations as have been made, including, but not limited to,risk factors revealed by any risk assessment of the inmate; comments of thevictim and thevictim's family including in person comments, contemporaneous comments andprerecorded comments made by any technological means; comments of the public;official comments;anyrecommendation by the staff of the facility where the inmate isincarcerated;proportionality of the timethe inmatehas served to the sentence a person would receive under the Kansas sentencingguidelines for the conduct that resulted in the inmate's incarceration;and capacity of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed afterJuly 1, 1993, the parole board will review the inmates proposed release plan.The board may schedule a hearing if they desire. The board may impose anycondition they deem necessary to insure public safety, aid in the reintegrationof the inmate into the community, or items not completed under the agreemententered into under K.S.A. 75-5210a, and amendments thereto. The boardmay notadvance or delay an inmate's release date. Every inmate while on postreleasesupervision shall remain in the legal custody of the secretary of correctionsand is subject to the orders of the secretary.
(j) Before ordering the parole of any inmate, the Kansas parole board shallhave the inmate appear before [*] either in person or via a videoconferencing format and shall interview the inmate unless impractical becauseof the inmate's physical or mental condition or absence from the institution.Every inmate while on parole shall remain in the legal custody of thesecretary of corrections and is subject to the orders of the secretary.Whenever the Kansas parole board formally considers placing an inmate on paroleand no agreement has been entered into with the inmate under K.S.A. 75-5210a,and amendmentsthereto, the board shall notify the inmate in writing of the reasons for notgranting parole. If an agreement has been entered under K.S.A. 75-5210a,and amendments thereto, and the inmate has not satisfactorily completedthe programsspecified in the agreement, or any revision of such agreement, the board shallnotify the inmate in writing of the specific programs the inmate mustsatisfactorily complete before parole will be granted. If parole is not grantedonly because of a failure to satisfactorily complete such programs, the boardshall grant parole upon the secretary's certification that the inmate hassuccessfully completed such programs. If an agreement has been entered underK.S.A. 75-5210a, and amendments thereto, and the secretary ofcorrectionshasreported to the board in writing that the inmate has satisfactorily completedthe programs required by such agreement, or any revision thereof, the boardshall not require further program participation. However, if the boarddetermines that other pertinent information regarding the inmate warrants theinmate's not being released on parole, the board shall state in writing thereasons for not granting the parole. If parole is denied for an inmatesentenced for a crime other than a class A or class B felony or an off-gridfelony, the board shall hold another parole hearing for the inmate not laterthan one year after the denial unless the parole board finds that it is notreasonable to expect that parole would be granted at a hearing if held in thenext three years or during the interim period of a deferral. In such case, theparole board may defer subsequent parole hearings for up to three years but anysuch deferral by the board shall require the board to state the basis for itsfindings. If parole is denied for an inmate sentenced for a class A or class Bfelony or an off-grid felony, the board shall hold anotherparole hearing forthe inmate not later than three years after the denial unless the paroleboard finds that it is not reasonable to expect that parole would be granted ata hearing if held in the next 10 years or during the interim period of adeferral. In such case, the parole board may defer subsequent parole hearingsfor up to 10 years but any such deferral shall require the board to state thebasis for its findings.
(k) Parolees and persons on postrelease supervision shall be assigned, uponrelease, to the appropriate level of supervision pursuant to the criteriaestablished by the secretary of corrections.
(l) The Kansas parole board shall adopt rules and regulations in accordancewith K.S.A. 77-415 et seq., and amendments thereto, not inconsistentwith the law and as it may deem proper or necessary, with respect to theconduct of parole hearings, postrelease supervision reviews, revocationhearings, orders of restitution, reimbursement of expenditures by the stateboard of indigents' defense services and other conditions to be imposed uponparolees or releasees. Whenever an order for parole or postrelease supervisionis issued it shall recite the conditions thereof.
(m) Whenever the Kansas parole board orders the parole of an inmate orestablishes conditions for an inmate placed on postrelease supervision,the board:
(1) Unless it finds compelling circumstances which would render a plan ofpayment unworkable, shall order as a condition of parole or postreleasesupervision that the parolee or the person on postrelease supervision pay anytransportation expenses resulting from returning the parolee or the person onpostrelease supervision to this state to answer criminal charges or a warrantfor a violation of a condition of probation, assignment to a communitycorrectional services program, parole, conditional release orpostrelease supervision;
(2) to the extent practicable, shall order as a condition of parole orpostrelease supervision that the parolee or the person on postreleasesupervision make progress towards or successfully complete the equivalent of asecondary education if the inmate has not previously completed such educationalequivalent and is capable of doing so;
(3) may order that the parolee or person on postrelease supervision performcommunity or public service work for local governmental agencies, privatecorporations organized not-for-profit or charitable or social serviceorganizations performing services for the community;
(4) may order the parolee or person on postrelease supervision to pay theadministrative fee imposed pursuant toK.S.A. 22-4529, and amendments thereto, unless the board finds compellingcircumstances which wouldrender payment unworkable; and
(5) unless it finds compelling circumstances which would render a plan ofpayment unworkable, shall order that the parolee or person on postreleasesupervision reimburse the state for all or part of the expenditures by thestate board of indigents' defense services to provide counsel and other defenseservices to the person. In determining the amount and method of payment of suchsum, the parole board shall take account of the financial resources of theperson and the nature of the burden that the payment of such sum will impose.Such amount shall not exceed the amount claimed by appointed counsel on thepayment voucher for indigents' defense services or the amount prescribed by theboard of indigents' defense services reimbursement tables as provided in K.S.A.22-4522, and amendments thereto, whichever is less, minus any previouspaymentsfor such services.
(n) If the court which sentenced an inmate specified at the time ofsentencing the amount and the recipient of any restitution ordered as acondition of parole or postrelease supervision, the Kansas parole board shallorder as a condition of parole or postrelease supervision that the inmate payrestitution in the amount and manner provided in the journal entry unless theboard finds compelling circumstances which would render a plan ofrestitution unworkable.
(o) Whenever the Kansas parole board grants the parole of an inmate, theboard, within 10 days of the date of the decision to grant parole, shall givewritten notice of the decision to the county or district attorney of the countywhere the inmate was sentenced.
(p) When an inmate is to be released on postrelease supervision, thesecretary, within 30 days prior to release, shall provide the county ordistrict attorney of the county where the inmate was sentenced written noticeof the release date.
(q) Inmates shall be released on postrelease supervision upon the terminationof the prison portion of their sentence. Time served while on postreleasesupervision will vest.
(r) An inmate who is allocated regular good time credits as provided inK.S.A. 22-3725, and amendments thereto, may receive meritoriousgood time creditsin increments of not more than 90 days per meritorious act. These credits maybe awarded by the secretary of corrections when an inmate has acted in a heroicor outstanding manner in coming to the assistance of another person in a lifethreatening situation, preventing injury or death to a person, preventing thedestruction of property or taking actions which result in a financial savingsto the state.
(s) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C) and(d)(1)(E) shall be applied retroactively as provided in subsection (t).
(t) For offenders sentenced prior to the effective date of this act whoare eligible for modification of their postrelease supervision obligation, thedepartment of corrections shall modify the period of postrelease supervision asprovided for by this section for offenders convicted of severity level 9 and 10crimes on the sentencing guidelines grid for nondrug crimes and severity level4 crimes on the sentencing guidelines grid for drug crimes on or beforeSeptember 1, 2000; for offenders convicted of severity level 7 and 8 crimes onthe sentencing guidelines grid for nondrug crimes on or before November 1,2000; and for offenders convicted of severity level 5 and 6 crimes on thesentencing guidelines grid for nondrug crimes and severity level 3 crimes onthe sentencing guidelines grid for drug crimes on or beforeJanuary 1, 2001.
(u) An inmate sentenced to imprisonment pursuant to K.S.A. 21-4643, andamendments thereto, for crimes committed on or after July 1, 2006,shall beplaced on parolefor life and shall not be discharged from supervision by the Kansas paroleboard. When theboard orders the parole of an inmate pursuant to this subsection, the boardshall order as acondition of parole that the inmate be electronically monitored for theduration of the inmate'snatural life.
(v) Whenever the Kansas parole board or the court orders a person to beelectronicallymonitored, the board or court shall order the person to reimburse the state forall or part of thecost of such monitoring. In determining the amount and method of payment ofsuch sum, theboard or court shall take account of the financial resources of the person andthe nature of theburden that the payment of such sum will impose.
History: L. 1970, ch. 129, § 22-3717;L. 1972, ch. 317, § 90;L. 1973, ch. 339, § 88;L. 1974, ch. 403, § 10;L. 1975, ch. 203, § 1;L. 1976, ch. 168, § 2;L. 1978, ch. 120, § 13;L. 1979, ch. 94, § 2;L. 1981, ch. 156, § 1;L. 1982, ch. 137, § 3;L. 1982, ch. 150, § 2;L. 1983, ch. 116, § 1;L. 1984, ch. 131, § 1;L. 1985, ch. 111, § 2;L. 1986, ch. 128, § 3;L. 1986, ch. 123, § 25;L. 1986, ch. 136, § 3;L. 1987, ch. 118, § 1;L. 1988, ch. 115, § 1;L. 1989, ch. 103, § 1;L. 1990, ch. 99, § 13;L. 1990, ch. 113, § 2;L. 1991, ch. 94, § 1;L. 1992, ch. 239, § 270;L. 1993, ch. 253, § 11;L. 1993, ch. 291, § 281;L. 1994, ch. 21, § 1;L. 1994, ch. 341, § 13;L. 1995, ch. 121, § 4;L. 1996, ch. 158, § 8;L. 1996, ch. 267, § 15;L. 1997, ch. 23, § 5;L. 1997, ch. 181, § 20;L. 1998, ch. 186, § 3;L. 1999, ch. 164, § 20;L. 2000, ch. 182, § 9;L. 2001, ch. 200, § 15;L. 2002, ch. 163, § 5;L. 2004, ch. 102, § 5;L. 2006, ch. 212, § 19;L. 2007, ch. 197, § 4;L. 2008, ch. 116, § 1; July 1.