PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4603.Authorized dispositions; crimes committedprior to July 1, 1993.(a) Whenever any person has been found guilty of a crime and the court findsthat an adequate presentence investigation cannot be conducted by resourcesavailable within the judicial district, including mental health centers andmental health clinics, the court may require that a presentence investigationbe conducted by the Topeka correctional facility or by the state securityhospital. If the offender is sent to the Topeka correctional facility or thestate security hospital for a presentence investigation under this section, thecorrectional facility or hospital may keep the offender confined for a maximumof 60 days, except that an inmate may be held for a longer period of time onorder of the secretary, or until the court calls for the return of theoffender. While held at the Topeka correctional facility or the state securityhospital the defendant may be treated the same as any person committed to thesecretary of corrections or secretary of social and rehabilitation services forpurposes of maintaining security and control, discipline, and emergency medicalor psychiatric treatment, and general population management except that no suchperson shall be transferred out of the state or to a federal institution or toany other location unless the transfer is between the correctional facility andthe state security hospital. The correctional facility or the state securityhospital shall compile a complete mental and physical evaluation of suchoffender and shall make its findings and recommendations known to the court inthe presentence report.
(b) Except as provided in subsection (c), whenever any person has been foundguilty of a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of corrections or,if confinement is for a term less than one year, to jail for the term providedby law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation subject to such conditions as thecourt may deem appropriate, including orders requiring full or partialrestitution. In felony cases, the court may include confinement in a countyjail not to exceed 60 days, which need not be servedconsecutively, as a condition of an original probation sentence andup to 60 days in a county jail upon each revocation of the probationsentence;
(4) suspend the imposition of the sentence subject to such conditions as thecourt may deem appropriate, including orders requiring full or partialrestitution. In felony cases, the court may include confinement in a countyjail not to exceed 60 days, which need not be servedconsecutively, as a condition of suspension of sentence;
(5) assign the defendant to a community correctional services program subjectto the provisions of K.S.A. 75-5291, and amendments thereto, and suchconditions as the court may deem appropriate, including orders requiring fullor partial restitution;
(6) assign the defendant to a conservation camp for a period not to exceedsix months;
(7) assign the defendant to a house arrest program pursuant to K.S.A.21-4603b and amendments thereto;
(8) order the defendant to attend and satisfactorily complete an alcohol ordrug education or training program as provided by subsection (3) of K.S.A.21-4502 and amendments thereto;
(9) order the defendant to pay the administrative fee authorized by K.S.A.22-4529 and amendments thereto, unless waived by the court;or
(10) impose any appropriate combination of subsections (b)(1) through (b)(9).
In addition to or in lieu of any of the above, the court shall order thedefendant to submit to and complete an alcohol and drug evaluation, and pay afee therefor, when required by subsection (4) of K.S.A. 21-4502 andamendments thereto.
In addition to any of the above, the court shall order the defendant toreimburse the state general fund for all or a part of the expenditures by thestate board of indigents' defense services to provide counsel and other defenseservices to the defendant. In determining the amount and method of payment ofsuch sum, the court shall take account of the financial resources of thedefendant and the nature of the burden that payment of such sum will impose. Adefendant who has been required to pay such sum and who is not willfully indefault in the payment thereof may at any time petition the court whichsentenced the defendant to waive payment of such sum or any unpaid portionthereof. If it appears to the satisfaction of the court that payment of theamount due will impose manifest hardship on the defendant or the defendant'simmediate family, the court may waive payment of all or part of the amount dueor modify the method of payment. The amount of attorney fees to be included inthe court order for reimbursement shall be the amount claimed by appointedcounsel on the payment voucher for indigents' defense services or the amountprescribed by the board of indigents' defense services reimbursement tables asprovided in K.S.A. 22-4522, and amendments thereto, whichever is less.
In imposing a fine the court may authorize the payment thereof in installments.In releasing a defendant on probation, the court shall direct that thedefendant be under the supervision of a court services officer. If the courtcommits the defendant to the custody of the secretary of corrections or tojail, the court may specify in its order the amount of restitution to be paidand the person to whom it shall be paid if restitution is later ordered as acondition of parole or conditional release.
The court in committing a defendant to the custody of the secretary ofcorrections shall fix a maximum term of confinement within the limits providedby law. In those cases where the law does not fix a maximum term of confinementfor the crime for which the defendant was convicted, the court shall fix themaximum term of such confinement. In all cases where the defendant is committedto the custody of the secretary of corrections, the court shall fix the minimumterm within the limits provided by law.
(c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior to itsrepeal, has been found guilty of a class A or B felony, the court shall committhe defendant to the custody of the secretary of corrections and may impose thefine applicable to the offense.
(d) (1) Except when an appeal is taken and determined adversely to thedefendant as provided in subsection (d)(2), at any time within 120 days after asentence is imposed, after probation or assignment to a community correctionalservices program has been revoked, the court may modify such sentence,revocation of probation or assignment to a community correctional servicesprogram by directing that a less severe penalty be imposed in lieu of thatoriginally adjudged within statutory limits and shall modify such sentence ifrecommended by the Topeka correctional facility unless the court finds and setsforth with particularity the reasons for finding that the safety of members ofthe public will be jeopardized or that the welfare of the inmate will not beserved by such modification.
(2) If an appeal is taken and determined adversely to the defendant, suchsentence may be modified within 120 days after the receipt by the clerk of thedistrict court of the mandate from the supreme court or court of appeals.
(e) The court shall modify the sentence at any time before the expirationthereof when such modification is recommended by the secretary of correctionsunless the court finds and sets forth with particularity the reasons forfinding that the safety of members of the public will be jeopardized or thatthe welfare of the inmate will not be served by such modification. The courtshall have the power to impose a less severe penalty upon the inmate, includingthe power to reduce the minimum below the statutory limit on the minimum termprescribed for the crime of which the inmate has been convicted. Therecommendation of the secretary of corrections, the hearing on therecommendation and the order of modification shall be made in open court.Notice of the recommendation of modification of sentence and the time and placeof the hearing thereon shall be given by the inmate, or by the inmate's legalcounsel, at least 21 days prior to the hearing to the county or districtattorney of the county where the inmate was convicted. After receipt of suchnotice and at least 14 days prior to the hearing, the county or districtattorney shall give notice of the recommendation of modification of sentenceand the time and place of the hearing thereon to any victim of the inmate'scrime who is alive and whose address is known to the county or districtattorney or, if the victim is deceased, to the victim's next of kin if the nextof kin's address is known to the county or district attorney. Proof of serviceof each notice required to be given by this subsection shall be filed with thecourt.
(f) After such defendant has been assigned to a conservation camp but priorto the end of 180 days, the chief administrator of such camp shall file aperformance report and recommendations with the court. The court shall enter anorder based on such report and recommendations modifying the sentence, ifappropriate, by sentencing the defendant to any of the authorized dispositionsprovided in subsection (b), except to reassign such person to a conservationcamp as provided in subsection (b)(6).
(g) This section shall not deprive the court of any authority conferredbyany other Kansas statute to decree a forfeiture of property, suspend or cancela license, remove a person from office, or impose any other civil penalty as aresult of conviction of crime.
(h) An application for or acceptance of probation,suspended sentence orassignment to a community correctional services program shall not constitute anacquiescence in the judgment for purpose of appeal, and any convicted personmay appeal from such conviction, as provided by law, without regard to whethersuch person has applied for probation, suspended sentence or assignmentto a community correctional services program.
(i) When it is provided by law that a person shall besentenced pursuant toK.S.A. 21-4628, and amendments thereto, the provisions of this section shallnot apply.
(j) The provisions of this section shall apply to crimescommitted beforeJuly 1, 1993.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4603.Authorized dispositions; crimes committedprior to July 1, 1993.(a) Whenever any person has been found guilty of a crime and the court findsthat an adequate presentence investigation cannot be conducted by resourcesavailable within the judicial district, including mental health centers andmental health clinics, the court may require that a presentence investigationbe conducted by the Topeka correctional facility or by the state securityhospital. If the offender is sent to the Topeka correctional facility or thestate security hospital for a presentence investigation under this section, thecorrectional facility or hospital may keep the offender confined for a maximumof 60 days, except that an inmate may be held for a longer period of time onorder of the secretary, or until the court calls for the return of theoffender. While held at the Topeka correctional facility or the state securityhospital the defendant may be treated the same as any person committed to thesecretary of corrections or secretary of social and rehabilitation services forpurposes of maintaining security and control, discipline, and emergency medicalor psychiatric treatment, and general population management except that no suchperson shall be transferred out of the state or to a federal institution or toany other location unless the transfer is between the correctional facility andthe state security hospital. The correctional facility or the state securityhospital shall compile a complete mental and physical evaluation of suchoffender and shall make its findings and recommendations known to the court inthe presentence report.
(b) Except as provided in subsection (c), whenever any person has been foundguilty of a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of corrections or,if confinement is for a term less than one year, to jail for the term providedby law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation subject to such conditions as thecourt may deem appropriate, including orders requiring full or partialrestitution. In felony cases, the court may include confinement in a countyjail not to exceed 60 days, which need not be servedconsecutively, as a condition of an original probation sentence andup to 60 days in a county jail upon each revocation of the probationsentence;
(4) suspend the imposition of the sentence subject to such conditions as thecourt may deem appropriate, including orders requiring full or partialrestitution. In felony cases, the court may include confinement in a countyjail not to exceed 60 days, which need not be servedconsecutively, as a condition of suspension of sentence;
(5) assign the defendant to a community correctional services program subjectto the provisions of K.S.A. 75-5291, and amendments thereto, and suchconditions as the court may deem appropriate, including orders requiring fullor partial restitution;
(6) assign the defendant to a conservation camp for a period not to exceedsix months;
(7) assign the defendant to a house arrest program pursuant to K.S.A.21-4603b and amendments thereto;
(8) order the defendant to attend and satisfactorily complete an alcohol ordrug education or training program as provided by subsection (3) of K.S.A.21-4502 and amendments thereto;
(9) order the defendant to pay the administrative fee authorized by K.S.A.22-4529 and amendments thereto, unless waived by the court;or
(10) impose any appropriate combination of subsections (b)(1) through (b)(9).
In addition to or in lieu of any of the above, the court shall order thedefendant to submit to and complete an alcohol and drug evaluation, and pay afee therefor, when required by subsection (4) of K.S.A. 21-4502 andamendments thereto.
In addition to any of the above, the court shall order the defendant toreimburse the state general fund for all or a part of the expenditures by thestate board of indigents' defense services to provide counsel and other defenseservices to the defendant. In determining the amount and method of payment ofsuch sum, the court shall take account of the financial resources of thedefendant and the nature of the burden that payment of such sum will impose. Adefendant who has been required to pay such sum and who is not willfully indefault in the payment thereof may at any time petition the court whichsentenced the defendant to waive payment of such sum or any unpaid portionthereof. If it appears to the satisfaction of the court that payment of theamount due will impose manifest hardship on the defendant or the defendant'simmediate family, the court may waive payment of all or part of the amount dueor modify the method of payment. The amount of attorney fees to be included inthe court order for reimbursement shall be the amount claimed by appointedcounsel on the payment voucher for indigents' defense services or the amountprescribed by the board of indigents' defense services reimbursement tables asprovided in K.S.A. 22-4522, and amendments thereto, whichever is less.
In imposing a fine the court may authorize the payment thereof in installments.In releasing a defendant on probation, the court shall direct that thedefendant be under the supervision of a court services officer. If the courtcommits the defendant to the custody of the secretary of corrections or tojail, the court may specify in its order the amount of restitution to be paidand the person to whom it shall be paid if restitution is later ordered as acondition of parole or conditional release.
The court in committing a defendant to the custody of the secretary ofcorrections shall fix a maximum term of confinement within the limits providedby law. In those cases where the law does not fix a maximum term of confinementfor the crime for which the defendant was convicted, the court shall fix themaximum term of such confinement. In all cases where the defendant is committedto the custody of the secretary of corrections, the court shall fix the minimumterm within the limits provided by law.
(c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior to itsrepeal, has been found guilty of a class A or B felony, the court shall committhe defendant to the custody of the secretary of corrections and may impose thefine applicable to the offense.
(d) (1) Except when an appeal is taken and determined adversely to thedefendant as provided in subsection (d)(2), at any time within 120 days after asentence is imposed, after probation or assignment to a community correctionalservices program has been revoked, the court may modify such sentence,revocation of probation or assignment to a community correctional servicesprogram by directing that a less severe penalty be imposed in lieu of thatoriginally adjudged within statutory limits and shall modify such sentence ifrecommended by the Topeka correctional facility unless the court finds and setsforth with particularity the reasons for finding that the safety of members ofthe public will be jeopardized or that the welfare of the inmate will not beserved by such modification.
(2) If an appeal is taken and determined adversely to the defendant, suchsentence may be modified within 120 days after the receipt by the clerk of thedistrict court of the mandate from the supreme court or court of appeals.
(e) The court shall modify the sentence at any time before the expirationthereof when such modification is recommended by the secretary of correctionsunless the court finds and sets forth with particularity the reasons forfinding that the safety of members of the public will be jeopardized or thatthe welfare of the inmate will not be served by such modification. The courtshall have the power to impose a less severe penalty upon the inmate, includingthe power to reduce the minimum below the statutory limit on the minimum termprescribed for the crime of which the inmate has been convicted. Therecommendation of the secretary of corrections, the hearing on therecommendation and the order of modification shall be made in open court.Notice of the recommendation of modification of sentence and the time and placeof the hearing thereon shall be given by the inmate, or by the inmate's legalcounsel, at least 21 days prior to the hearing to the county or districtattorney of the county where the inmate was convicted. After receipt of suchnotice and at least 14 days prior to the hearing, the county or districtattorney shall give notice of the recommendation of modification of sentenceand the time and place of the hearing thereon to any victim of the inmate'scrime who is alive and whose address is known to the county or districtattorney or, if the victim is deceased, to the victim's next of kin if the nextof kin's address is known to the county or district attorney. Proof of serviceof each notice required to be given by this subsection shall be filed with thecourt.
(f) After such defendant has been assigned to a conservation camp but priorto the end of 180 days, the chief administrator of such camp shall file aperformance report and recommendations with the court. The court shall enter anorder based on such report and recommendations modifying the sentence, ifappropriate, by sentencing the defendant to any of the authorized dispositionsprovided in subsection (b), except to reassign such person to a conservationcamp as provided in subsection (b)(6).
(g) This section shall not deprive the court of any authority conferredbyany other Kansas statute to decree a forfeiture of property, suspend or cancela license, remove a person from office, or impose any other civil penalty as aresult of conviction of crime.
(h) An application for or acceptance of probation,suspended sentence orassignment to a community correctional services program shall not constitute anacquiescence in the judgment for purpose of appeal, and any convicted personmay appeal from such conviction, as provided by law, without regard to whethersuch person has applied for probation, suspended sentence or assignmentto a community correctional services program.
(i) When it is provided by law that a person shall besentenced pursuant toK.S.A. 21-4628, and amendments thereto, the provisions of this section shallnot apply.
(j) The provisions of this section shall apply to crimescommitted beforeJuly 1, 1993.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4603.Authorized dispositions; crimes committedprior to July 1, 1993.(a) Whenever any person has been found guilty of a crime and the court findsthat an adequate presentence investigation cannot be conducted by resourcesavailable within the judicial district, including mental health centers andmental health clinics, the court may require that a presentence investigationbe conducted by the Topeka correctional facility or by the state securityhospital. If the offender is sent to the Topeka correctional facility or thestate security hospital for a presentence investigation under this section, thecorrectional facility or hospital may keep the offender confined for a maximumof 60 days, except that an inmate may be held for a longer period of time onorder of the secretary, or until the court calls for the return of theoffender. While held at the Topeka correctional facility or the state securityhospital the defendant may be treated the same as any person committed to thesecretary of corrections or secretary of social and rehabilitation services forpurposes of maintaining security and control, discipline, and emergency medicalor psychiatric treatment, and general population management except that no suchperson shall be transferred out of the state or to a federal institution or toany other location unless the transfer is between the correctional facility andthe state security hospital. The correctional facility or the state securityhospital shall compile a complete mental and physical evaluation of suchoffender and shall make its findings and recommendations known to the court inthe presentence report.
(b) Except as provided in subsection (c), whenever any person has been foundguilty of a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of corrections or,if confinement is for a term less than one year, to jail for the term providedby law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation subject to such conditions as thecourt may deem appropriate, including orders requiring full or partialrestitution. In felony cases, the court may include confinement in a countyjail not to exceed 60 days, which need not be servedconsecutively, as a condition of an original probation sentence andup to 60 days in a county jail upon each revocation of the probationsentence;
(4) suspend the imposition of the sentence subject to such conditions as thecourt may deem appropriate, including orders requiring full or partialrestitution. In felony cases, the court may include confinement in a countyjail not to exceed 60 days, which need not be servedconsecutively, as a condition of suspension of sentence;
(5) assign the defendant to a community correctional services program subjectto the provisions of K.S.A. 75-5291, and amendments thereto, and suchconditions as the court may deem appropriate, including orders requiring fullor partial restitution;
(6) assign the defendant to a conservation camp for a period not to exceedsix months;
(7) assign the defendant to a house arrest program pursuant to K.S.A.21-4603b and amendments thereto;
(8) order the defendant to attend and satisfactorily complete an alcohol ordrug education or training program as provided by subsection (3) of K.S.A.21-4502 and amendments thereto;
(9) order the defendant to pay the administrative fee authorized by K.S.A.22-4529 and amendments thereto, unless waived by the court;or
(10) impose any appropriate combination of subsections (b)(1) through (b)(9).
In addition to or in lieu of any of the above, the court shall order thedefendant to submit to and complete an alcohol and drug evaluation, and pay afee therefor, when required by subsection (4) of K.S.A. 21-4502 andamendments thereto.
In addition to any of the above, the court shall order the defendant toreimburse the state general fund for all or a part of the expenditures by thestate board of indigents' defense services to provide counsel and other defenseservices to the defendant. In determining the amount and method of payment ofsuch sum, the court shall take account of the financial resources of thedefendant and the nature of the burden that payment of such sum will impose. Adefendant who has been required to pay such sum and who is not willfully indefault in the payment thereof may at any time petition the court whichsentenced the defendant to waive payment of such sum or any unpaid portionthereof. If it appears to the satisfaction of the court that payment of theamount due will impose manifest hardship on the defendant or the defendant'simmediate family, the court may waive payment of all or part of the amount dueor modify the method of payment. The amount of attorney fees to be included inthe court order for reimbursement shall be the amount claimed by appointedcounsel on the payment voucher for indigents' defense services or the amountprescribed by the board of indigents' defense services reimbursement tables asprovided in K.S.A. 22-4522, and amendments thereto, whichever is less.
In imposing a fine the court may authorize the payment thereof in installments.In releasing a defendant on probation, the court shall direct that thedefendant be under the supervision of a court services officer. If the courtcommits the defendant to the custody of the secretary of corrections or tojail, the court may specify in its order the amount of restitution to be paidand the person to whom it shall be paid if restitution is later ordered as acondition of parole or conditional release.
The court in committing a defendant to the custody of the secretary ofcorrections shall fix a maximum term of confinement within the limits providedby law. In those cases where the law does not fix a maximum term of confinementfor the crime for which the defendant was convicted, the court shall fix themaximum term of such confinement. In all cases where the defendant is committedto the custody of the secretary of corrections, the court shall fix the minimumterm within the limits provided by law.
(c) Whenever any juvenile felon, as defined in K.S.A. 38-16,112, prior to itsrepeal, has been found guilty of a class A or B felony, the court shall committhe defendant to the custody of the secretary of corrections and may impose thefine applicable to the offense.
(d) (1) Except when an appeal is taken and determined adversely to thedefendant as provided in subsection (d)(2), at any time within 120 days after asentence is imposed, after probation or assignment to a community correctionalservices program has been revoked, the court may modify such sentence,revocation of probation or assignment to a community correctional servicesprogram by directing that a less severe penalty be imposed in lieu of thatoriginally adjudged within statutory limits and shall modify such sentence ifrecommended by the Topeka correctional facility unless the court finds and setsforth with particularity the reasons for finding that the safety of members ofthe public will be jeopardized or that the welfare of the inmate will not beserved by such modification.
(2) If an appeal is taken and determined adversely to the defendant, suchsentence may be modified within 120 days after the receipt by the clerk of thedistrict court of the mandate from the supreme court or court of appeals.
(e) The court shall modify the sentence at any time before the expirationthereof when such modification is recommended by the secretary of correctionsunless the court finds and sets forth with particularity the reasons forfinding that the safety of members of the public will be jeopardized or thatthe welfare of the inmate will not be served by such modification. The courtshall have the power to impose a less severe penalty upon the inmate, includingthe power to reduce the minimum below the statutory limit on the minimum termprescribed for the crime of which the inmate has been convicted. Therecommendation of the secretary of corrections, the hearing on therecommendation and the order of modification shall be made in open court.Notice of the recommendation of modification of sentence and the time and placeof the hearing thereon shall be given by the inmate, or by the inmate's legalcounsel, at least 21 days prior to the hearing to the county or districtattorney of the county where the inmate was convicted. After receipt of suchnotice and at least 14 days prior to the hearing, the county or districtattorney shall give notice of the recommendation of modification of sentenceand the time and place of the hearing thereon to any victim of the inmate'scrime who is alive and whose address is known to the county or districtattorney or, if the victim is deceased, to the victim's next of kin if the nextof kin's address is known to the county or district attorney. Proof of serviceof each notice required to be given by this subsection shall be filed with thecourt.
(f) After such defendant has been assigned to a conservation camp but priorto the end of 180 days, the chief administrator of such camp shall file aperformance report and recommendations with the court. The court shall enter anorder based on such report and recommendations modifying the sentence, ifappropriate, by sentencing the defendant to any of the authorized dispositionsprovided in subsection (b), except to reassign such person to a conservationcamp as provided in subsection (b)(6).
(g) This section shall not deprive the court of any authority conferredbyany other Kansas statute to decree a forfeiture of property, suspend or cancela license, remove a person from office, or impose any other civil penalty as aresult of conviction of crime.
(h) An application for or acceptance of probation,suspended sentence orassignment to a community correctional services program shall not constitute anacquiescence in the judgment for purpose of appeal, and any convicted personmay appeal from such conviction, as provided by law, without regard to whethersuch person has applied for probation, suspended sentence or assignmentto a community correctional services program.
(i) When it is provided by law that a person shall besentenced pursuant toK.S.A. 21-4628, and amendments thereto, the provisions of this section shallnot apply.
(j) The provisions of this section shall apply to crimescommitted beforeJuly 1, 1993.
