State Codes and Statutes
Statutes > Kansas > Chapter21 > Article46 > Statutes_1217521-4638
21-4638. Same; imposition of sentence of mandatoryimprisonment of 40 or 50 years.When it is provided by law that a person shall be sentenced pursuant tothis section, such person shall be sentenced to imprisonment for life andshall not be eligible for probation or suspension, modification orreduction of sentence. Except as otherwise provided, in addition, aperson sentenced pursuant to thissection shall not be eligible for parole prior to serving 40 years'imprisonment, and such 40 years' imprisonment shall not be reduced by theapplication of good time credits. For crimes committed on and after July 1,1999, a person sentenced pursuant to this section shall not be eligible forparole prior to serving 50 years' imprisonment, and such 50 years' imprisonmentshall not be reduced by the application of good time credits. For crimescommitted on or after July 1, 2006, a mandatory minimum term of imprisonment of50 years shall not apply if the court finds thatthe defendant, because of the defendant's criminalhistory classification, is subject to presumptive imprisonment pursuant to thesentencing guidelines grid for nondrug crimes and the sentencing range exceeds600 months. In such case, the defendant is required to serve a mandatoryminimum term equal to the sentence established pursuant to the sentencingrange. Uponsentencing a defendant pursuant tothis section, the court shall commit the defendant to the custody of thesecretary of corrections and the court shall state in the sentencing orderof the judgment form or journal entry, whichever is delivered with thedefendant to the correctional institution, that the defendant has beensentenced pursuant to K.S.A. 21-4638 and amendments thereto.
History: L. 1994, ch. 341, § 9;L. 1999, ch. 164, § 16;L. 2006, ch. 212, § 15; July 1.
