12-4509.   Sentence; possible disposition.(a) Whenever a person is found guilty of the violation of anordinance, the municipal judge may:

      (1)   Release the person without imposition of sentence;

      (2)   release the person on probation after the imposition ofsentence, without imprisonment or the payment of a fine or a portionthereof, subject to conditions imposed by the court as provided in subsection(e); or

      (3)   impose such sentence of fine or imprisonment, or both, asauthorized for the ordinance violation.

      (b)   In addition to or in lieu of any other sentence authorized bylaw, whenever a person is found guilty of the violation of anordinance and there is evidence that the act constituting the violationof the ordinance was substantially related to the possession, use or ingestionof cereal malt beverage or alcoholic liquorby such person, the judge mayorder such person to attend and satisfactorily complete analcohol or drug education or training program certified by thechief judge of the judicial district or licensed by thesecretaryof social and rehabilitation services.

      (c)   Except as provided in subsection (d), in addition to or in lieu ofany other sentence authorized by law,whenever a person is convicted of having violated, while under 21 years ofage, an ordinance prohibiting an act prohibited byK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, orK.S.A. 8-1599, 41-719 or 41-727, andamendments thereto, the municipal judge shall order such person to submitto and complete an alcohol and drug evaluation by a community-based alcoholand drug safety action program certified pursuant to K.S.A. 8-1008, andamendments thereto, and to pay a fee not to exceed the fee establishedby that statute for such evaluation. If the judge finds that the person isindigent, the fee may be waived.

      (d)   If the person is 18 or moreyears of age but less than 21 years of age and is convicted of a violationof K.S.A. 41-727, and amendments thereto, involving cereal malt beverage,the provisions of subsection (c)are permissive and not mandatory.

      (e)   The court may impose any conditions of probation or suspension ofsentence that the court deems proper, including, but not limited to, requiringthat the defendant:

      (1)   Avoid such injurious or vicious habits, as directed by the court or theprobation officer;

      (2)   avoid such persons or places of disreputable or harmful character, asdirected by the court or the probation officer;

      (3)   report to the probation officer as directed;

      (4)   permit the probation officer to visit the defendant at home orelsewhere;

      (5)   work faithfully at suitable employment insofar as possible;

      (6)   remain within the state unless the court grants permission to leave;

      (7)   pay a fine or costs, applicable to the ordinance violation, in one orseveral sums and in the manner as directed by the court;

      (8)   support the defendant's dependents;

      (9)   reside in a residential facility located in the community andparticipate in educational counseling, work and other correctional orrehabilitative programs;

      (10)   perform community or public service work for local governmentalagencies, private corporations organized not for profit, or charitableor social service organizations performing services for the community;

      (11)   perform services under a system of day fines whereby the defendant isrequired to satisfy fines, costs or reparation or restitution obligations byperforming services for a period of days determined by the court on the basisof ability to pay, standard of living, support obligations and other factors;

      (12)   make reparation or restitution to the aggrieved party for the damage orloss caused by the defendant's crime, in an amount and manner determined by thecourt and to the person specified by the court; or

      (13)   reimburse the city, in accordance with any order made under subsection(f), for all or a part of the reasonable expenditures by the city to providecounsel and other defense services to the defendant.

      (f)   In addition to or in lieu of any other sentence authorized by law,whenever a person is found guilty of the violation of an ordinance the judgemay order such person to reimburse the city for all or a part of the reasonableexpenditures by the city to provide counsel and other defense services to thedefendant. In determining the amount and method of payment of such sum, thecourt shall take account of the financial resources of the defendant and thenature of the burden that payment of such sum will impose. A defendant who hasbeen required to pay such sum and who is not willfully in default in thepayment thereof may at any time petition the court which sentenced thedefendantto waive payment of such sum or of any unpaid portion thereof. If it appearsto the satisfaction of the court that payment of the amount due will imposemanifest hardship on the defendant or the defendant's immediate family, thecourt may waive payment of all or part of the amount due or modify the methodof payment.

      History:   L. 1973, ch. 61, § 12-4509; L. 1977, ch. 117, § 1;L. 1989, ch. 95, § 3;L. 1996, ch. 194, § 1;L. 1999, ch. 57, § 2;L. 2009, ch. 32, § 22; July 1.