State Codes and Statutes

Statutes > Kansas > Chapter21 > Article46 > Statutes_12157

21-4620

Chapter 21.--CRIMES AND PUNISHMENTS
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING

      21-4620.   Defendants sentenced to custody of secretary of corrections;judgment form andcontents; diagnostic reports to accompany defendant; crimes committed prior toJuly 1, 1993.(a) If the defendant is to be sentenced to the custody of the secretaryof corrections, the court may prepare a judgment form which shall besigned by the court and filed with the clerk. If prepared, the judgmentform shall reflect the conviction, the sentence and the commitment, andshall contain the following:

      (1)   The pronouncement of guilt including:

      (A)   The title of the crime;

      (B)   the statute violated; and

      (C)   the date the offense occurred.

      (2)   The sentence imposed including:

      (A)   The terms as required by subsection (2) ofK.S.A. 21-4603 and amendments thereto;

      (B)   if applicable, a description of any increase in sentence becauseof previous felony conviction pursuant to K.S.A. 21-4504 and amendmentsthereto;

      (C)   if applicable, a statement that this defendant has beenconvicted of a class A, B or C felony by reason of aiding, abetting,advising, or counseling another to commit a crime, or by reason of theprinciple provided for in subsection (2) of K.S.A. 21-3205 andamendments thereto;

      (D)   if applicable, a statement that this defendant, age 18 or over,has been mandatorily sentenced pursuant to K.S.A.21-4618 and amendments theretofor use of a firearm in a crime under article 34 ofchapter 21, or the crime of rape or aggravated sodomy; and

      (E)   a statement of the effective date of the sentence indicatingwhether it is the date of imposition or some date earlier to give creditfor time confined pending disposition of the case pursuant to K.S.A.21-4614 and amendments thereto or credit for time on probation orassignment to community corrections pursuant to K.S.A. 21-4614a andamendments thereto.

      (3)   The order of commitment to the custody of the secretary, if notissued as a separate order.

      (b)   The court may attach to or include in the judgment form any ofthe following:

      (1)   A statement of reasons for imposing the sentence as orderedother than those reasons required above to be stated;

      (2)   a description of aggravating or mitigating circumstances thecourt took into consideration when ordering the commitment;

      (3)   recommendations on a program of rehabilitation for the offender,based on presentence investigation reports and any other informationavailable. Such recommendations may include desirable treatment forcorrections of physical deformities or disfigurement that may, ifpossible, be corrected by medical or surgical procedures or byprosthesis;

      (4)   a recommendation for further evaluation at the Topeka correctionalfacility,even though defendant was committed forpresentence investigation;

      (5)   the copy of the evidence from trial or part thereof transmittedpursuant to K.S.A. 75-5219 and amendments thereto.

      (c)   The court shall forward a copy of all presentence investigationreports and other diagnostic reports on the offender received by thedistrict court, including any reports received from the Topeka correctionalfacilityor the state security hospital, to theofficer having the offender in custody for delivery with the offender tothe correctional institution.

      (d)   The provisions of this section shall not apply to crimes committed onor after July 1, 1993.

      History:   L. 1980, ch. 104, § 4;L. 1988, ch. 115, § 5;L. 1990, ch. 309, § 15;L. 1991, ch. 260, § 5;L. 1992, ch. 239, § 248; July 1, 1993.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article46 > Statutes_12157

21-4620

Chapter 21.--CRIMES AND PUNISHMENTS
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING

      21-4620.   Defendants sentenced to custody of secretary of corrections;judgment form andcontents; diagnostic reports to accompany defendant; crimes committed prior toJuly 1, 1993.(a) If the defendant is to be sentenced to the custody of the secretaryof corrections, the court may prepare a judgment form which shall besigned by the court and filed with the clerk. If prepared, the judgmentform shall reflect the conviction, the sentence and the commitment, andshall contain the following:

      (1)   The pronouncement of guilt including:

      (A)   The title of the crime;

      (B)   the statute violated; and

      (C)   the date the offense occurred.

      (2)   The sentence imposed including:

      (A)   The terms as required by subsection (2) ofK.S.A. 21-4603 and amendments thereto;

      (B)   if applicable, a description of any increase in sentence becauseof previous felony conviction pursuant to K.S.A. 21-4504 and amendmentsthereto;

      (C)   if applicable, a statement that this defendant has beenconvicted of a class A, B or C felony by reason of aiding, abetting,advising, or counseling another to commit a crime, or by reason of theprinciple provided for in subsection (2) of K.S.A. 21-3205 andamendments thereto;

      (D)   if applicable, a statement that this defendant, age 18 or over,has been mandatorily sentenced pursuant to K.S.A.21-4618 and amendments theretofor use of a firearm in a crime under article 34 ofchapter 21, or the crime of rape or aggravated sodomy; and

      (E)   a statement of the effective date of the sentence indicatingwhether it is the date of imposition or some date earlier to give creditfor time confined pending disposition of the case pursuant to K.S.A.21-4614 and amendments thereto or credit for time on probation orassignment to community corrections pursuant to K.S.A. 21-4614a andamendments thereto.

      (3)   The order of commitment to the custody of the secretary, if notissued as a separate order.

      (b)   The court may attach to or include in the judgment form any ofthe following:

      (1)   A statement of reasons for imposing the sentence as orderedother than those reasons required above to be stated;

      (2)   a description of aggravating or mitigating circumstances thecourt took into consideration when ordering the commitment;

      (3)   recommendations on a program of rehabilitation for the offender,based on presentence investigation reports and any other informationavailable. Such recommendations may include desirable treatment forcorrections of physical deformities or disfigurement that may, ifpossible, be corrected by medical or surgical procedures or byprosthesis;

      (4)   a recommendation for further evaluation at the Topeka correctionalfacility,even though defendant was committed forpresentence investigation;

      (5)   the copy of the evidence from trial or part thereof transmittedpursuant to K.S.A. 75-5219 and amendments thereto.

      (c)   The court shall forward a copy of all presentence investigationreports and other diagnostic reports on the offender received by thedistrict court, including any reports received from the Topeka correctionalfacilityor the state security hospital, to theofficer having the offender in custody for delivery with the offender tothe correctional institution.

      (d)   The provisions of this section shall not apply to crimes committed onor after July 1, 1993.

      History:   L. 1980, ch. 104, § 4;L. 1988, ch. 115, § 5;L. 1990, ch. 309, § 15;L. 1991, ch. 260, § 5;L. 1992, ch. 239, § 248; July 1, 1993.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article46 > Statutes_12157

21-4620

Chapter 21.--CRIMES AND PUNISHMENTS
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING

      21-4620.   Defendants sentenced to custody of secretary of corrections;judgment form andcontents; diagnostic reports to accompany defendant; crimes committed prior toJuly 1, 1993.(a) If the defendant is to be sentenced to the custody of the secretaryof corrections, the court may prepare a judgment form which shall besigned by the court and filed with the clerk. If prepared, the judgmentform shall reflect the conviction, the sentence and the commitment, andshall contain the following:

      (1)   The pronouncement of guilt including:

      (A)   The title of the crime;

      (B)   the statute violated; and

      (C)   the date the offense occurred.

      (2)   The sentence imposed including:

      (A)   The terms as required by subsection (2) ofK.S.A. 21-4603 and amendments thereto;

      (B)   if applicable, a description of any increase in sentence becauseof previous felony conviction pursuant to K.S.A. 21-4504 and amendmentsthereto;

      (C)   if applicable, a statement that this defendant has beenconvicted of a class A, B or C felony by reason of aiding, abetting,advising, or counseling another to commit a crime, or by reason of theprinciple provided for in subsection (2) of K.S.A. 21-3205 andamendments thereto;

      (D)   if applicable, a statement that this defendant, age 18 or over,has been mandatorily sentenced pursuant to K.S.A.21-4618 and amendments theretofor use of a firearm in a crime under article 34 ofchapter 21, or the crime of rape or aggravated sodomy; and

      (E)   a statement of the effective date of the sentence indicatingwhether it is the date of imposition or some date earlier to give creditfor time confined pending disposition of the case pursuant to K.S.A.21-4614 and amendments thereto or credit for time on probation orassignment to community corrections pursuant to K.S.A. 21-4614a andamendments thereto.

      (3)   The order of commitment to the custody of the secretary, if notissued as a separate order.

      (b)   The court may attach to or include in the judgment form any ofthe following:

      (1)   A statement of reasons for imposing the sentence as orderedother than those reasons required above to be stated;

      (2)   a description of aggravating or mitigating circumstances thecourt took into consideration when ordering the commitment;

      (3)   recommendations on a program of rehabilitation for the offender,based on presentence investigation reports and any other informationavailable. Such recommendations may include desirable treatment forcorrections of physical deformities or disfigurement that may, ifpossible, be corrected by medical or surgical procedures or byprosthesis;

      (4)   a recommendation for further evaluation at the Topeka correctionalfacility,even though defendant was committed forpresentence investigation;

      (5)   the copy of the evidence from trial or part thereof transmittedpursuant to K.S.A. 75-5219 and amendments thereto.

      (c)   The court shall forward a copy of all presentence investigationreports and other diagnostic reports on the offender received by thedistrict court, including any reports received from the Topeka correctionalfacilityor the state security hospital, to theofficer having the offender in custody for delivery with the offender tothe correctional institution.

      (d)   The provisions of this section shall not apply to crimes committed onor after July 1, 1993.

      History:   L. 1980, ch. 104, § 4;L. 1988, ch. 115, § 5;L. 1990, ch. 309, § 15;L. 1991, ch. 260, § 5;L. 1992, ch. 239, § 248; July 1, 1993.