38-2371.Departure sentences; hearing; order;findings of fact; limitations.(a) (1) Whenever a person is adjudicated as a juvenileoffender, the court uponmotion of the state, shall hold a hearing to consider imposition of a departuresentence. The motionshall state that a departure is sought and the reasons and factors relied upon.The hearing shall bescheduled so that the parties have adequate time to prepare and presentarguments regarding theissues of departure sentencing. The victim of a crime or the victim's familyshall be notified of theright to be present at the hearing for the convicted person by the county ordistrict attorney. Theparties may submit written arguments to the court prior to the date of thehearing and may make oralarguments before the court at the hearing. The court shall review the victimimpact statement, ifavailable. Prior to the hearing, the court shall transmit to the juvenileoffender or the juvenileoffender's attorney and the prosecuting attorney copies of the predispositionalinvestigation report.
(2) At the conclusion of the hearing or within 20 days thereafter, the courtshall issuefindings of fact and conclusions of law regarding the issues submitted by theparties, and shall enteran appropriate order.
(3) If a factual aspect of a crime is a statutory element of the crime, or isused to determinecrime severity, that aspect of the current crime of conviction may be used asan aggravating factoronly if the criminal conduct constituting that aspect of the current crime ofconviction is significantlydifferent from the usual criminal conduct captured by the aspect of the crime.Subject to thisprovision, the nonexclusive lists of aggravating factors provided in subsection(c)(2) of K.S.A.21-4716, and amendments thereto, and in subsection (a) of K.S.A. 21-4717, andamendmentsthereto, may be considered in determining whether substantial and compellingreasons exist.
(b) If the court decides to depart on its own volition, without a motion fromthe state, thecourt must notify all parties of its intent and allow reasonable time foreither party to respond if they request. The notice shall state that adeparture is intended by the court and the reasons andfactorsrelied upon.
(c) In each case in which the court imposes a sentence that deviates from thepresumptivesentence, the court shall make findings of fact as to the reasons for departureregardless of whethera hearing is requested.
(d) If the sentencing judge departs from the presumptive sentence, the judgeshall state onthe record at the time of sentencing the substantial and compelling reasons forthe departure. Whena departure sentence is appropriate, the sentencing judge may depart from thematrix as provided inthis section. When a sentencing judge departs in setting the duration of apresumptive term ofimprisonment:
(1) The presumptive term of imprisonment set in such departure shall nottotal more thandouble the maximum duration of the presumptive imprisonment term;
(2) the court shall have no authority to reduce the minimum term ofconfinement as definedwithin the placement matrix; and
(3) the maximum term for commitment of any juvenile offender to a juvenilecorrectionalfacility is age 22 years, 6 months.
(e) A departure sentence may be appealed as provided inK.S.A. 2009 Supp.38-2380, and amendments thereto.
38-2371.Departure sentences; hearing; order;findings of fact; limitations.(a) (1) Whenever a person is adjudicated as a juvenileoffender, the court uponmotion of the state, shall hold a hearing to consider imposition of a departuresentence. The motionshall state that a departure is sought and the reasons and factors relied upon.The hearing shall bescheduled so that the parties have adequate time to prepare and presentarguments regarding theissues of departure sentencing. The victim of a crime or the victim's familyshall be notified of theright to be present at the hearing for the convicted person by the county ordistrict attorney. Theparties may submit written arguments to the court prior to the date of thehearing and may make oralarguments before the court at the hearing. The court shall review the victimimpact statement, ifavailable. Prior to the hearing, the court shall transmit to the juvenileoffender or the juvenileoffender's attorney and the prosecuting attorney copies of the predispositionalinvestigation report.
(2) At the conclusion of the hearing or within 20 days thereafter, the courtshall issuefindings of fact and conclusions of law regarding the issues submitted by theparties, and shall enteran appropriate order.
(3) If a factual aspect of a crime is a statutory element of the crime, or isused to determinecrime severity, that aspect of the current crime of conviction may be used asan aggravating factoronly if the criminal conduct constituting that aspect of the current crime ofconviction is significantlydifferent from the usual criminal conduct captured by the aspect of the crime.Subject to thisprovision, the nonexclusive lists of aggravating factors provided in subsection(c)(2) of K.S.A.21-4716, and amendments thereto, and in subsection (a) of K.S.A. 21-4717, andamendmentsthereto, may be considered in determining whether substantial and compellingreasons exist.
(b) If the court decides to depart on its own volition, without a motion fromthe state, thecourt must notify all parties of its intent and allow reasonable time foreither party to respond if they request. The notice shall state that adeparture is intended by the court and the reasons andfactorsrelied upon.
(c) In each case in which the court imposes a sentence that deviates from thepresumptivesentence, the court shall make findings of fact as to the reasons for departureregardless of whethera hearing is requested.
(d) If the sentencing judge departs from the presumptive sentence, the judgeshall state onthe record at the time of sentencing the substantial and compelling reasons forthe departure. Whena departure sentence is appropriate, the sentencing judge may depart from thematrix as provided inthis section. When a sentencing judge departs in setting the duration of apresumptive term ofimprisonment:
(1) The presumptive term of imprisonment set in such departure shall nottotal more thandouble the maximum duration of the presumptive imprisonment term;
(2) the court shall have no authority to reduce the minimum term ofconfinement as definedwithin the placement matrix; and
(3) the maximum term for commitment of any juvenile offender to a juvenilecorrectionalfacility is age 22 years, 6 months.
(e) A departure sentence may be appealed as provided inK.S.A. 2009 Supp.38-2380, and amendments thereto.
38-2371.Departure sentences; hearing; order;findings of fact; limitations.(a) (1) Whenever a person is adjudicated as a juvenileoffender, the court uponmotion of the state, shall hold a hearing to consider imposition of a departuresentence. The motionshall state that a departure is sought and the reasons and factors relied upon.The hearing shall bescheduled so that the parties have adequate time to prepare and presentarguments regarding theissues of departure sentencing. The victim of a crime or the victim's familyshall be notified of theright to be present at the hearing for the convicted person by the county ordistrict attorney. Theparties may submit written arguments to the court prior to the date of thehearing and may make oralarguments before the court at the hearing. The court shall review the victimimpact statement, ifavailable. Prior to the hearing, the court shall transmit to the juvenileoffender or the juvenileoffender's attorney and the prosecuting attorney copies of the predispositionalinvestigation report.
(2) At the conclusion of the hearing or within 20 days thereafter, the courtshall issuefindings of fact and conclusions of law regarding the issues submitted by theparties, and shall enteran appropriate order.
(3) If a factual aspect of a crime is a statutory element of the crime, or isused to determinecrime severity, that aspect of the current crime of conviction may be used asan aggravating factoronly if the criminal conduct constituting that aspect of the current crime ofconviction is significantlydifferent from the usual criminal conduct captured by the aspect of the crime.Subject to thisprovision, the nonexclusive lists of aggravating factors provided in subsection(c)(2) of K.S.A.21-4716, and amendments thereto, and in subsection (a) of K.S.A. 21-4717, andamendmentsthereto, may be considered in determining whether substantial and compellingreasons exist.
(b) If the court decides to depart on its own volition, without a motion fromthe state, thecourt must notify all parties of its intent and allow reasonable time foreither party to respond if they request. The notice shall state that adeparture is intended by the court and the reasons andfactorsrelied upon.
(c) In each case in which the court imposes a sentence that deviates from thepresumptivesentence, the court shall make findings of fact as to the reasons for departureregardless of whethera hearing is requested.
(d) If the sentencing judge departs from the presumptive sentence, the judgeshall state onthe record at the time of sentencing the substantial and compelling reasons forthe departure. Whena departure sentence is appropriate, the sentencing judge may depart from thematrix as provided inthis section. When a sentencing judge departs in setting the duration of apresumptive term ofimprisonment:
(1) The presumptive term of imprisonment set in such departure shall nottotal more thandouble the maximum duration of the presumptive imprisonment term;
(2) the court shall have no authority to reduce the minimum term ofconfinement as definedwithin the placement matrix; and
(3) the maximum term for commitment of any juvenile offender to a juvenilecorrectionalfacility is age 22 years, 6 months.
(e) A departure sentence may be appealed as provided inK.S.A. 2009 Supp.38-2380, and amendments thereto.
