PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4603b.House arrest program; eligibility; methods; notice to lawenforcement officers; administration.(a) The court or the secretary of corrections mayimplement a house arrest program for defendants or inmates being sentencedby the court or in the custody of the secretary of corrections, except:
(1) No defendant shall be placed by the court under house arrest if found guilty of:
(A) Any crime in article 34 or 35 of chapter 21 in the K.S.A., andamendments thereto, for which the penalty is a class A or B felony;
(B) K.S.A. 21-3603, and amendments thereto; or
(C) K.S.A. 21-3609, and amendments thereto;
(2) no inmate shall be placed under house arrest if such inmate'ssecurity status is greater than minimum security; or
(3) no inmate shall beplaced under house arrest who has been denied paroleby the parole board within the last 6 months. Any inmate who, whileparticipating in the house arrest program, is denied parole by the paroleboard shall be allowed to remain under house arrest until the completion ofthe sentence or until the inmate is otherwise removed from the program.
(b) House arrest is an individualized program in which the freedom of aninmate is restricted within the community, home or noninstitutionalresidential placement and specific sanctions are imposed and enforced. Housearrest may include:
(1) Electronic monitoring which requires a transmitter to be strapped tothe defendant or inmate which broadcasts an encoded signal to the receiverlocated in the defendant's or inmate's home. The receiver is connected to acentral office computer and is notified of any absence of the defendant or inmate; or
(2) voice identification-encoder which consists of an encoder worn bythe defendant or inmate. A computer is programmed to randomly call thedefendant or inmate and such defendant or inmate is required to providevoice identification and then insert the encoder into the verifier box,confirming identity.
(c) Prior to the placement of an inmate under house arrest, the court orsecretary shall provide written notification to the sheriff and district orcounty attorney of the county in which any person under house arrest is to beplaced and to the chief law enforcement officer of any incorporated city ortown in which such person is to be placed of the placement of the person underhouse arrest within the county or incorporated city or town.
(d) House arrest sanctions shall be administered by the court and thesecretary of corrections, respectively, through rules and regulations, and may include,but are not limited to, rehabilitative restitution in money or in kind,curfew, revocation or suspension of the driver's license, communityservice, deprivation of nonessential activities or privileges, or otherappropriate restraints on the inmate's liberty.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4603b.House arrest program; eligibility; methods; notice to lawenforcement officers; administration.(a) The court or the secretary of corrections mayimplement a house arrest program for defendants or inmates being sentencedby the court or in the custody of the secretary of corrections, except:
(1) No defendant shall be placed by the court under house arrest if found guilty of:
(A) Any crime in article 34 or 35 of chapter 21 in the K.S.A., andamendments thereto, for which the penalty is a class A or B felony;
(B) K.S.A. 21-3603, and amendments thereto; or
(C) K.S.A. 21-3609, and amendments thereto;
(2) no inmate shall be placed under house arrest if such inmate'ssecurity status is greater than minimum security; or
(3) no inmate shall beplaced under house arrest who has been denied paroleby the parole board within the last 6 months. Any inmate who, whileparticipating in the house arrest program, is denied parole by the paroleboard shall be allowed to remain under house arrest until the completion ofthe sentence or until the inmate is otherwise removed from the program.
(b) House arrest is an individualized program in which the freedom of aninmate is restricted within the community, home or noninstitutionalresidential placement and specific sanctions are imposed and enforced. Housearrest may include:
(1) Electronic monitoring which requires a transmitter to be strapped tothe defendant or inmate which broadcasts an encoded signal to the receiverlocated in the defendant's or inmate's home. The receiver is connected to acentral office computer and is notified of any absence of the defendant or inmate; or
(2) voice identification-encoder which consists of an encoder worn bythe defendant or inmate. A computer is programmed to randomly call thedefendant or inmate and such defendant or inmate is required to providevoice identification and then insert the encoder into the verifier box,confirming identity.
(c) Prior to the placement of an inmate under house arrest, the court orsecretary shall provide written notification to the sheriff and district orcounty attorney of the county in which any person under house arrest is to beplaced and to the chief law enforcement officer of any incorporated city ortown in which such person is to be placed of the placement of the person underhouse arrest within the county or incorporated city or town.
(d) House arrest sanctions shall be administered by the court and thesecretary of corrections, respectively, through rules and regulations, and may include,but are not limited to, rehabilitative restitution in money or in kind,curfew, revocation or suspension of the driver's license, communityservice, deprivation of nonessential activities or privileges, or otherappropriate restraints on the inmate's liberty.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4603b.House arrest program; eligibility; methods; notice to lawenforcement officers; administration.(a) The court or the secretary of corrections mayimplement a house arrest program for defendants or inmates being sentencedby the court or in the custody of the secretary of corrections, except:
(1) No defendant shall be placed by the court under house arrest if found guilty of:
(A) Any crime in article 34 or 35 of chapter 21 in the K.S.A., andamendments thereto, for which the penalty is a class A or B felony;
(B) K.S.A. 21-3603, and amendments thereto; or
(C) K.S.A. 21-3609, and amendments thereto;
(2) no inmate shall be placed under house arrest if such inmate'ssecurity status is greater than minimum security; or
(3) no inmate shall beplaced under house arrest who has been denied paroleby the parole board within the last 6 months. Any inmate who, whileparticipating in the house arrest program, is denied parole by the paroleboard shall be allowed to remain under house arrest until the completion ofthe sentence or until the inmate is otherwise removed from the program.
(b) House arrest is an individualized program in which the freedom of aninmate is restricted within the community, home or noninstitutionalresidential placement and specific sanctions are imposed and enforced. Housearrest may include:
(1) Electronic monitoring which requires a transmitter to be strapped tothe defendant or inmate which broadcasts an encoded signal to the receiverlocated in the defendant's or inmate's home. The receiver is connected to acentral office computer and is notified of any absence of the defendant or inmate; or
(2) voice identification-encoder which consists of an encoder worn bythe defendant or inmate. A computer is programmed to randomly call thedefendant or inmate and such defendant or inmate is required to providevoice identification and then insert the encoder into the verifier box,confirming identity.
(c) Prior to the placement of an inmate under house arrest, the court orsecretary shall provide written notification to the sheriff and district orcounty attorney of the county in which any person under house arrest is to beplaced and to the chief law enforcement officer of any incorporated city ortown in which such person is to be placed of the placement of the person underhouse arrest within the county or incorporated city or town.
(d) House arrest sanctions shall be administered by the court and thesecretary of corrections, respectively, through rules and regulations, and may include,but are not limited to, rehabilitative restitution in money or in kind,curfew, revocation or suspension of the driver's license, communityservice, deprivation of nonessential activities or privileges, or otherappropriate restraints on the inmate's liberty.
