PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4610.Conditions of probation or suspendedsentence.(a) Except as required by this subsection and subsection (d), nothing inthis section shall be construed to limit the authority of the court to imposeor modify any general or specific conditions of probation, suspension ofsentence or assignment to a community correctional services program, exceptthat the court shall condition any order granting probation, suspension ofsentence or assignment to a community correctional services program on thedefendant's obedience of the laws of the United States, the state of Kansas andany other jurisdiction to the laws of which the defendant may be subject.The provisions of K.S.A. 75-5291, and amendments thereto, shall beapplicable to any assignment to a community correctional services programpursuant to this section.
(b) The court services officer or community correctional services officer mayrecommend, and the court may order, the imposition of any conditions ofprobation, suspension of sentence or assignment to a community correctionalservices program. For crimes committed on or after July 1, 1993, in presumptivenonprison cases, the court services officer or community correctional servicesofficer may recommend, and the court may order, the imposition of anyconditions of probation or assignment to a community correctional servicesprogram. The court may at any time order the modification of such conditions,after notice to the court services officer or community correctional servicesofficer and an opportunity for such officer to be heard thereon. The courtshall cause a copy of any such order to be delivered to the court servicesofficer and the probationer or to the community correctional services officerand the community corrections participant, as the case may be. Theprovisions of K.S.A. 75-5291, and amendments thereto, shall be applicable toany assignment to a community correctional services program pursuant to thissection.
(c) The court may impose any conditions of probation, suspension of sentenceor assignment to a community correctional services program that the court deemsproper, including but not limited to requiring that the defendant:
(1) Avoid such injurious or vicious habits, as directed by the court, courtservices officer or community correctional services officer;
(2) avoid such persons or places of disreputable or harmful character, asdirected by the court, court services officer or community correctionalservices officer;
(3) report to the court services officer or community correctional servicesofficer as directed;
(4) permit the court services officer or community correctional servicesofficer to visit the defendant at home or elsewhere;
(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 offense, in one or several sumsand in the manner as directed by the court;
(8) support the defendant's dependents;
(9) reside in a residential facility located in the community and participatein educational, counseling, work and other correctional or rehabilitativeprograms;
(10) perform community or public service work for local governmentalagencies, private corporations organized not for profit, or charitable orsocial 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) participate in a house arrest program pursuant to K.S.A. 21-4603b, andamendments thereto;
(13) order the defendant to pay the administrative fee authorized by K.S.A.22-4529 and amendments thereto, unless waived by the court;or
(14) in felony cases, except for violations of K.S.A. 8-1567 and amendmentsthereto, be confined in a county jail not to exceed 60 days,which need not be served consecutively.
(d) In addition to any other conditions of probation, suspension of sentenceor assignment to a community correctional services program, the court shallorder the defendant to comply with each of the following conditions:
(1) 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, unless the court findscompelling circumstances which would render a plan of restitution unworkable.If the court finds a plan of restitution unworkable, the court shall state onthe record in detail the reasons therefor;
(2) pay the probation or community correctional services fee pursuant toK.S.A. 21-4610a, and amendments thereto; and
(3) reimburse the state general fund for all or a part of the expenditures bythe state board of indigents' defense services to provide counsel and otherdefense services to the defendant. In determining the amount and method ofpayment of such sum, the court shall take account of the financial resources ofthe defendant and the nature of the burden that payment of such sum willimpose. A defendant who has been required to pay such sum and who is notwillfully in default in the payment thereof may at any time petition the courtwhich sentenced the defendant to waive payment of such sum or of any unpaidportion thereof. If it appears to the satisfaction of the court that payment ofthe amount due will impose manifest hardship on the defendant or thedefendant's immediate family, the court may waive payment of all or part of theamount due or modify the method of payment. The amount of attorney fees to beincluded in the court order for reimbursement shall be the amount claimed byappointed counsel on the payment voucher for indigents' defense services or theamount prescribed by the board of indigents' defense services reimbursementtables as provided in K.S.A. 22-4522, and amendments thereto, whichever isless.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4610.Conditions of probation or suspendedsentence.(a) Except as required by this subsection and subsection (d), nothing inthis section shall be construed to limit the authority of the court to imposeor modify any general or specific conditions of probation, suspension ofsentence or assignment to a community correctional services program, exceptthat the court shall condition any order granting probation, suspension ofsentence or assignment to a community correctional services program on thedefendant's obedience of the laws of the United States, the state of Kansas andany other jurisdiction to the laws of which the defendant may be subject.The provisions of K.S.A. 75-5291, and amendments thereto, shall beapplicable to any assignment to a community correctional services programpursuant to this section.
(b) The court services officer or community correctional services officer mayrecommend, and the court may order, the imposition of any conditions ofprobation, suspension of sentence or assignment to a community correctionalservices program. For crimes committed on or after July 1, 1993, in presumptivenonprison cases, the court services officer or community correctional servicesofficer may recommend, and the court may order, the imposition of anyconditions of probation or assignment to a community correctional servicesprogram. The court may at any time order the modification of such conditions,after notice to the court services officer or community correctional servicesofficer and an opportunity for such officer to be heard thereon. The courtshall cause a copy of any such order to be delivered to the court servicesofficer and the probationer or to the community correctional services officerand the community corrections participant, as the case may be. Theprovisions of K.S.A. 75-5291, and amendments thereto, shall be applicable toany assignment to a community correctional services program pursuant to thissection.
(c) The court may impose any conditions of probation, suspension of sentenceor assignment to a community correctional services program that the court deemsproper, including but not limited to requiring that the defendant:
(1) Avoid such injurious or vicious habits, as directed by the court, courtservices officer or community correctional services officer;
(2) avoid such persons or places of disreputable or harmful character, asdirected by the court, court services officer or community correctionalservices officer;
(3) report to the court services officer or community correctional servicesofficer as directed;
(4) permit the court services officer or community correctional servicesofficer to visit the defendant at home or elsewhere;
(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 offense, in one or several sumsand in the manner as directed by the court;
(8) support the defendant's dependents;
(9) reside in a residential facility located in the community and participatein educational, counseling, work and other correctional or rehabilitativeprograms;
(10) perform community or public service work for local governmentalagencies, private corporations organized not for profit, or charitable orsocial 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) participate in a house arrest program pursuant to K.S.A. 21-4603b, andamendments thereto;
(13) order the defendant to pay the administrative fee authorized by K.S.A.22-4529 and amendments thereto, unless waived by the court;or
(14) in felony cases, except for violations of K.S.A. 8-1567 and amendmentsthereto, be confined in a county jail not to exceed 60 days,which need not be served consecutively.
(d) In addition to any other conditions of probation, suspension of sentenceor assignment to a community correctional services program, the court shallorder the defendant to comply with each of the following conditions:
(1) 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, unless the court findscompelling circumstances which would render a plan of restitution unworkable.If the court finds a plan of restitution unworkable, the court shall state onthe record in detail the reasons therefor;
(2) pay the probation or community correctional services fee pursuant toK.S.A. 21-4610a, and amendments thereto; and
(3) reimburse the state general fund for all or a part of the expenditures bythe state board of indigents' defense services to provide counsel and otherdefense services to the defendant. In determining the amount and method ofpayment of such sum, the court shall take account of the financial resources ofthe defendant and the nature of the burden that payment of such sum willimpose. A defendant who has been required to pay such sum and who is notwillfully in default in the payment thereof may at any time petition the courtwhich sentenced the defendant to waive payment of such sum or of any unpaidportion thereof. If it appears to the satisfaction of the court that payment ofthe amount due will impose manifest hardship on the defendant or thedefendant's immediate family, the court may waive payment of all or part of theamount due or modify the method of payment. The amount of attorney fees to beincluded in the court order for reimbursement shall be the amount claimed byappointed counsel on the payment voucher for indigents' defense services or theamount prescribed by the board of indigents' defense services reimbursementtables as provided in K.S.A. 22-4522, and amendments thereto, whichever isless.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4610.Conditions of probation or suspendedsentence.(a) Except as required by this subsection and subsection (d), nothing inthis section shall be construed to limit the authority of the court to imposeor modify any general or specific conditions of probation, suspension ofsentence or assignment to a community correctional services program, exceptthat the court shall condition any order granting probation, suspension ofsentence or assignment to a community correctional services program on thedefendant's obedience of the laws of the United States, the state of Kansas andany other jurisdiction to the laws of which the defendant may be subject.The provisions of K.S.A. 75-5291, and amendments thereto, shall beapplicable to any assignment to a community correctional services programpursuant to this section.
(b) The court services officer or community correctional services officer mayrecommend, and the court may order, the imposition of any conditions ofprobation, suspension of sentence or assignment to a community correctionalservices program. For crimes committed on or after July 1, 1993, in presumptivenonprison cases, the court services officer or community correctional servicesofficer may recommend, and the court may order, the imposition of anyconditions of probation or assignment to a community correctional servicesprogram. The court may at any time order the modification of such conditions,after notice to the court services officer or community correctional servicesofficer and an opportunity for such officer to be heard thereon. The courtshall cause a copy of any such order to be delivered to the court servicesofficer and the probationer or to the community correctional services officerand the community corrections participant, as the case may be. Theprovisions of K.S.A. 75-5291, and amendments thereto, shall be applicable toany assignment to a community correctional services program pursuant to thissection.
(c) The court may impose any conditions of probation, suspension of sentenceor assignment to a community correctional services program that the court deemsproper, including but not limited to requiring that the defendant:
(1) Avoid such injurious or vicious habits, as directed by the court, courtservices officer or community correctional services officer;
(2) avoid such persons or places of disreputable or harmful character, asdirected by the court, court services officer or community correctionalservices officer;
(3) report to the court services officer or community correctional servicesofficer as directed;
(4) permit the court services officer or community correctional servicesofficer to visit the defendant at home or elsewhere;
(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 offense, in one or several sumsand in the manner as directed by the court;
(8) support the defendant's dependents;
(9) reside in a residential facility located in the community and participatein educational, counseling, work and other correctional or rehabilitativeprograms;
(10) perform community or public service work for local governmentalagencies, private corporations organized not for profit, or charitable orsocial 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) participate in a house arrest program pursuant to K.S.A. 21-4603b, andamendments thereto;
(13) order the defendant to pay the administrative fee authorized by K.S.A.22-4529 and amendments thereto, unless waived by the court;or
(14) in felony cases, except for violations of K.S.A. 8-1567 and amendmentsthereto, be confined in a county jail not to exceed 60 days,which need not be served consecutively.
(d) In addition to any other conditions of probation, suspension of sentenceor assignment to a community correctional services program, the court shallorder the defendant to comply with each of the following conditions:
(1) 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, unless the court findscompelling circumstances which would render a plan of restitution unworkable.If the court finds a plan of restitution unworkable, the court shall state onthe record in detail the reasons therefor;
(2) pay the probation or community correctional services fee pursuant toK.S.A. 21-4610a, and amendments thereto; and
(3) reimburse the state general fund for all or a part of the expenditures bythe state board of indigents' defense services to provide counsel and otherdefense services to the defendant. In determining the amount and method ofpayment of such sum, the court shall take account of the financial resources ofthe defendant and the nature of the burden that payment of such sum willimpose. A defendant who has been required to pay such sum and who is notwillfully in default in the payment thereof may at any time petition the courtwhich sentenced the defendant to waive payment of such sum or of any unpaidportion thereof. If it appears to the satisfaction of the court that payment ofthe amount due will impose manifest hardship on the defendant or thedefendant's immediate family, the court may waive payment of all or part of theamount due or modify the method of payment. The amount of attorney fees to beincluded in the court order for reimbursement shall be the amount claimed byappointed counsel on the payment voucher for indigents' defense services or theamount prescribed by the board of indigents' defense services reimbursementtables as provided in K.S.A. 22-4522, and amendments thereto, whichever isless.
