PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4611.Period of suspension of sentence, probationor assignment tocommunity corrections; parole of misdemeanant; duration of probation in felonycases, modification or extension.(a) The period of suspension of sentence, probation or assignment to communitycorrections fixed by the court shall not exceed five years in felony casesinvolving crimes committed prior to July 1, 1993, or two years in misdemeanorcases, subject to renewal and extension for additional fixed periods notexceeding five years in such felony cases, nor two years in misdemeanor cases.In no event shall the total period of probation, suspension of sentence orassignment to community corrections for a felony committed prior to July 1,1993, exceed the greatest maximum term provided by law for the crime, exceptthat where the defendant is convicted of nonsupport of a child, the period maybe continued as long as the responsibility for support continues. Probation,suspension of sentence or assignment to community corrections may be terminatedby the court at any time and upon such termination or upon termination byexpiration of the term of probation, suspension of sentence or assignment tocommunity corrections, an order to this effect shall be entered by the court.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 district court having jurisdiction of the offender may parole anymisdemeanant sentenced to confinement in the county jail. The period of suchparole shall be fixed by the court and shall not exceed two years and shall beterminated in the manner provided for termination of suspended sentence andprobation.
(c) For all crimes committed on or after July 1, 1993, theduration of probation in felony cases sentenced for the followingseverity levels on the sentencing guidelines grid for nondrug crimes and thesentencing guidelines grid for drug crimes is as follows:
(1) For nondrug crimes the recommended duration of probations is:
(A) Thirty-six months for crimes in crime severity levels 1 through 5; and
(B) 24 months for crimes in crime severity levels 6 and7.
(2) For drug crimes the recommended duration of probation is 36months for crimes in crime severity levels 1 and 2.
(3) Except as otherwise provided, in felony cases sentenced atseverity levels 9 and 10 on thesentencing guidelines grid for nondrug crimes and severity level 4 on thesentencing guidelines grid for drug crimes, if a nonprison sanction isimposed, the court shall order the defendant to serve a period ofprobation of up to 12 monthsin length.
(4) In felony cases sentenced at severity level 8 on the sentencingguidelines grid for nondrug crimes, severity level 3onthe sentencingguidelines grid for drug crimes and felony cases sentenced pursuant toK.S.A. 21-4729, and amendments thereto, if a nonprison sanction is imposed,the courtshall order the defendant to serve a period of probation, or assignment to acommunity correctional services program, as provided under K.S.A. 75-5291et seq., and amendments thereto, of up to 18 months in length.
(5) If the court finds and sets forth with particularity the reasons forfinding that the safety of the members of the public will be jeopardized orthat the welfare of the inmate will not be served by the length of theprobation terms provided in subsections (c)(3) and (c)(4), the court may imposea longer period of probation. Such an increase shall not be considered adeparture and shall not be subject to appeal.
(6) Except as provided in subsections(c)(7) and (c)(8), the total period in all cases shall not exceed 60months, or the maximum period of the prison sentence that could be imposedwhichever is longer. Nonprison sentences may be terminated by the court at anytime.
(7) If the defendant is convicted of nonsupport of a child,the period may be continued as long as the responsibility for supportcontinues. If the defendant is ordered to pay full or partial restitution, theperiod may be continued as long as the amount of restitution ordered has notbeen paid.
(8) The court may modify or extend the offender's period ofsupervision, pursuant to a modification hearing and a judicial finding ofnecessity. Such extensions may be made for a maximum period of five years orthe maximum period of the prison sentence that could be imposed, whichever islonger, inclusive of the original supervision term.
(d) The provisions of subsection (c), as amended by this act, shall beapplied retroactively. The sentencing court shall direct that a review of allpersons serving a nonprison sanction for a crime in severity levels 8, 9 or 10of the sentencing guidelines grid for nondrug crimes or a crime in severitylevels 3 or 4 of the sentencing guidelines grid for drug crimes be conducted.On or before September 1, 2000, the duration of such person's probation shallbe modified in conformity with the provisions of subsection (c).
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4611.Period of suspension of sentence, probationor assignment tocommunity corrections; parole of misdemeanant; duration of probation in felonycases, modification or extension.(a) The period of suspension of sentence, probation or assignment to communitycorrections fixed by the court shall not exceed five years in felony casesinvolving crimes committed prior to July 1, 1993, or two years in misdemeanorcases, subject to renewal and extension for additional fixed periods notexceeding five years in such felony cases, nor two years in misdemeanor cases.In no event shall the total period of probation, suspension of sentence orassignment to community corrections for a felony committed prior to July 1,1993, exceed the greatest maximum term provided by law for the crime, exceptthat where the defendant is convicted of nonsupport of a child, the period maybe continued as long as the responsibility for support continues. Probation,suspension of sentence or assignment to community corrections may be terminatedby the court at any time and upon such termination or upon termination byexpiration of the term of probation, suspension of sentence or assignment tocommunity corrections, an order to this effect shall be entered by the court.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 district court having jurisdiction of the offender may parole anymisdemeanant sentenced to confinement in the county jail. The period of suchparole shall be fixed by the court and shall not exceed two years and shall beterminated in the manner provided for termination of suspended sentence andprobation.
(c) For all crimes committed on or after July 1, 1993, theduration of probation in felony cases sentenced for the followingseverity levels on the sentencing guidelines grid for nondrug crimes and thesentencing guidelines grid for drug crimes is as follows:
(1) For nondrug crimes the recommended duration of probations is:
(A) Thirty-six months for crimes in crime severity levels 1 through 5; and
(B) 24 months for crimes in crime severity levels 6 and7.
(2) For drug crimes the recommended duration of probation is 36months for crimes in crime severity levels 1 and 2.
(3) Except as otherwise provided, in felony cases sentenced atseverity levels 9 and 10 on thesentencing guidelines grid for nondrug crimes and severity level 4 on thesentencing guidelines grid for drug crimes, if a nonprison sanction isimposed, the court shall order the defendant to serve a period ofprobation of up to 12 monthsin length.
(4) In felony cases sentenced at severity level 8 on the sentencingguidelines grid for nondrug crimes, severity level 3onthe sentencingguidelines grid for drug crimes and felony cases sentenced pursuant toK.S.A. 21-4729, and amendments thereto, if a nonprison sanction is imposed,the courtshall order the defendant to serve a period of probation, or assignment to acommunity correctional services program, as provided under K.S.A. 75-5291et seq., and amendments thereto, of up to 18 months in length.
(5) If the court finds and sets forth with particularity the reasons forfinding that the safety of the members of the public will be jeopardized orthat the welfare of the inmate will not be served by the length of theprobation terms provided in subsections (c)(3) and (c)(4), the court may imposea longer period of probation. Such an increase shall not be considered adeparture and shall not be subject to appeal.
(6) Except as provided in subsections(c)(7) and (c)(8), the total period in all cases shall not exceed 60months, or the maximum period of the prison sentence that could be imposedwhichever is longer. Nonprison sentences may be terminated by the court at anytime.
(7) If the defendant is convicted of nonsupport of a child,the period may be continued as long as the responsibility for supportcontinues. If the defendant is ordered to pay full or partial restitution, theperiod may be continued as long as the amount of restitution ordered has notbeen paid.
(8) The court may modify or extend the offender's period ofsupervision, pursuant to a modification hearing and a judicial finding ofnecessity. Such extensions may be made for a maximum period of five years orthe maximum period of the prison sentence that could be imposed, whichever islonger, inclusive of the original supervision term.
(d) The provisions of subsection (c), as amended by this act, shall beapplied retroactively. The sentencing court shall direct that a review of allpersons serving a nonprison sanction for a crime in severity levels 8, 9 or 10of the sentencing guidelines grid for nondrug crimes or a crime in severitylevels 3 or 4 of the sentencing guidelines grid for drug crimes be conducted.On or before September 1, 2000, the duration of such person's probation shallbe modified in conformity with the provisions of subsection (c).
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4611.Period of suspension of sentence, probationor assignment tocommunity corrections; parole of misdemeanant; duration of probation in felonycases, modification or extension.(a) The period of suspension of sentence, probation or assignment to communitycorrections fixed by the court shall not exceed five years in felony casesinvolving crimes committed prior to July 1, 1993, or two years in misdemeanorcases, subject to renewal and extension for additional fixed periods notexceeding five years in such felony cases, nor two years in misdemeanor cases.In no event shall the total period of probation, suspension of sentence orassignment to community corrections for a felony committed prior to July 1,1993, exceed the greatest maximum term provided by law for the crime, exceptthat where the defendant is convicted of nonsupport of a child, the period maybe continued as long as the responsibility for support continues. Probation,suspension of sentence or assignment to community corrections may be terminatedby the court at any time and upon such termination or upon termination byexpiration of the term of probation, suspension of sentence or assignment tocommunity corrections, an order to this effect shall be entered by the court.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 district court having jurisdiction of the offender may parole anymisdemeanant sentenced to confinement in the county jail. The period of suchparole shall be fixed by the court and shall not exceed two years and shall beterminated in the manner provided for termination of suspended sentence andprobation.
(c) For all crimes committed on or after July 1, 1993, theduration of probation in felony cases sentenced for the followingseverity levels on the sentencing guidelines grid for nondrug crimes and thesentencing guidelines grid for drug crimes is as follows:
(1) For nondrug crimes the recommended duration of probations is:
(A) Thirty-six months for crimes in crime severity levels 1 through 5; and
(B) 24 months for crimes in crime severity levels 6 and7.
(2) For drug crimes the recommended duration of probation is 36months for crimes in crime severity levels 1 and 2.
(3) Except as otherwise provided, in felony cases sentenced atseverity levels 9 and 10 on thesentencing guidelines grid for nondrug crimes and severity level 4 on thesentencing guidelines grid for drug crimes, if a nonprison sanction isimposed, the court shall order the defendant to serve a period ofprobation of up to 12 monthsin length.
(4) In felony cases sentenced at severity level 8 on the sentencingguidelines grid for nondrug crimes, severity level 3onthe sentencingguidelines grid for drug crimes and felony cases sentenced pursuant toK.S.A. 21-4729, and amendments thereto, if a nonprison sanction is imposed,the courtshall order the defendant to serve a period of probation, or assignment to acommunity correctional services program, as provided under K.S.A. 75-5291et seq., and amendments thereto, of up to 18 months in length.
(5) If the court finds and sets forth with particularity the reasons forfinding that the safety of the members of the public will be jeopardized orthat the welfare of the inmate will not be served by the length of theprobation terms provided in subsections (c)(3) and (c)(4), the court may imposea longer period of probation. Such an increase shall not be considered adeparture and shall not be subject to appeal.
(6) Except as provided in subsections(c)(7) and (c)(8), the total period in all cases shall not exceed 60months, or the maximum period of the prison sentence that could be imposedwhichever is longer. Nonprison sentences may be terminated by the court at anytime.
(7) If the defendant is convicted of nonsupport of a child,the period may be continued as long as the responsibility for supportcontinues. If the defendant is ordered to pay full or partial restitution, theperiod may be continued as long as the amount of restitution ordered has notbeen paid.
(8) The court may modify or extend the offender's period ofsupervision, pursuant to a modification hearing and a judicial finding ofnecessity. Such extensions may be made for a maximum period of five years orthe maximum period of the prison sentence that could be imposed, whichever islonger, inclusive of the original supervision term.
(d) The provisions of subsection (c), as amended by this act, shall beapplied retroactively. The sentencing court shall direct that a review of allpersons serving a nonprison sanction for a crime in severity levels 8, 9 or 10of the sentencing guidelines grid for nondrug crimes or a crime in severitylevels 3 or 4 of the sentencing guidelines grid for drug crimes be conducted.On or before September 1, 2000, the duration of such person's probation shallbe modified in conformity with the provisions of subsection (c).
