State Codes and Statutes

Statutes > Kansas > Chapter22 > Article37 > Statutes_12469

22-3701

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 37.--RELEASE PROCEDURES

      22-3701.   Pardons and commutations.(1) The governor may pardon, or commute the sentence of, any personconvicted of a crime in any court of this state upon such terms andconditions as prescribed in the order granting the pardon or commutation.

      (2)   The Kansas parole board, hereafter referred toas the board,shall adopt rules and regulations governing the procedure for initiating,processing, and reviewing applications for pardon, orcommutation of sentencefiled by and on behalf of persons convicted of crime.

      (3)   Except as otherwise provided, no pardon or commutation of sentenceshall be granted until morethan 30 days after written notice of the application therefor hasbeen given to: (a) The prosecuting attorney and the judge of the court inwhichthe defendant was convicted; and (b) any victim of the person's crime or thevictim's family, if the person was convicted of a crimespecified in article34, 35 or 36 of chapter 21 of the Kansas statutes annotated. Notice of suchapplication for pardon or commutation ofsentence shall be given by the secretary ofcorrections to the victim who is alive and whose address is known to thesecretary of corrections, or if the victim is deceased, to the victim's familyif the family's address is known to thesecretary ofcorrections.Notice of the receipt of suchapplicationshall be given by publication in the official county paper of the county ofconviction. The form of notice shall be prescribed by the board.If the applicant executes a poverty affidavit, thecost of onepublication of the notice during a twelve-month period shall be paid by thestate. If more than one notice of application is published during anytwelve-month period the additional cost of publication shall be paid by theapplicant. Subject to the provisions of subsection (4), if writtennotification is not given to such victim who is alive and whose address isknown to the secretary of corrections or, if the victim is deceased, to thevictim's family if the family'saddress is known to the secretary of corrections, the governorshall not grant or deny such application until a time at least 30 days afternotification is given by publication as provided in this section.

      (4)   All applications for pardon or commutation of sentence shall bereferred to the board. The board shall examine each case and submita report, together with such information as the board may haveconcerning the applicant, to the governor within120 days after referral to the board. The governor shall notgrant or deny any such application until the governor has received thereport of the board or until 120 daysafter the referral to the board, whichever time is the shorter and theprovisions of subsection (3) have been satisfied.

      History:   L. 1970, ch. 129, § 22-3701; L. 1972, ch. 317, § 79; L.1973, ch.339, § 58;L. 1992, ch. 298, § 94;L. 1997, ch. 23, § 1; Apr. 10.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article37 > Statutes_12469

22-3701

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 37.--RELEASE PROCEDURES

      22-3701.   Pardons and commutations.(1) The governor may pardon, or commute the sentence of, any personconvicted of a crime in any court of this state upon such terms andconditions as prescribed in the order granting the pardon or commutation.

      (2)   The Kansas parole board, hereafter referred toas the board,shall adopt rules and regulations governing the procedure for initiating,processing, and reviewing applications for pardon, orcommutation of sentencefiled by and on behalf of persons convicted of crime.

      (3)   Except as otherwise provided, no pardon or commutation of sentenceshall be granted until morethan 30 days after written notice of the application therefor hasbeen given to: (a) The prosecuting attorney and the judge of the court inwhichthe defendant was convicted; and (b) any victim of the person's crime or thevictim's family, if the person was convicted of a crimespecified in article34, 35 or 36 of chapter 21 of the Kansas statutes annotated. Notice of suchapplication for pardon or commutation ofsentence shall be given by the secretary ofcorrections to the victim who is alive and whose address is known to thesecretary of corrections, or if the victim is deceased, to the victim's familyif the family's address is known to thesecretary ofcorrections.Notice of the receipt of suchapplicationshall be given by publication in the official county paper of the county ofconviction. The form of notice shall be prescribed by the board.If the applicant executes a poverty affidavit, thecost of onepublication of the notice during a twelve-month period shall be paid by thestate. If more than one notice of application is published during anytwelve-month period the additional cost of publication shall be paid by theapplicant. Subject to the provisions of subsection (4), if writtennotification is not given to such victim who is alive and whose address isknown to the secretary of corrections or, if the victim is deceased, to thevictim's family if the family'saddress is known to the secretary of corrections, the governorshall not grant or deny such application until a time at least 30 days afternotification is given by publication as provided in this section.

      (4)   All applications for pardon or commutation of sentence shall bereferred to the board. The board shall examine each case and submita report, together with such information as the board may haveconcerning the applicant, to the governor within120 days after referral to the board. The governor shall notgrant or deny any such application until the governor has received thereport of the board or until 120 daysafter the referral to the board, whichever time is the shorter and theprovisions of subsection (3) have been satisfied.

      History:   L. 1970, ch. 129, § 22-3701; L. 1972, ch. 317, § 79; L.1973, ch.339, § 58;L. 1992, ch. 298, § 94;L. 1997, ch. 23, § 1; Apr. 10.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article37 > Statutes_12469

22-3701

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 37.--RELEASE PROCEDURES

      22-3701.   Pardons and commutations.(1) The governor may pardon, or commute the sentence of, any personconvicted of a crime in any court of this state upon such terms andconditions as prescribed in the order granting the pardon or commutation.

      (2)   The Kansas parole board, hereafter referred toas the board,shall adopt rules and regulations governing the procedure for initiating,processing, and reviewing applications for pardon, orcommutation of sentencefiled by and on behalf of persons convicted of crime.

      (3)   Except as otherwise provided, no pardon or commutation of sentenceshall be granted until morethan 30 days after written notice of the application therefor hasbeen given to: (a) The prosecuting attorney and the judge of the court inwhichthe defendant was convicted; and (b) any victim of the person's crime or thevictim's family, if the person was convicted of a crimespecified in article34, 35 or 36 of chapter 21 of the Kansas statutes annotated. Notice of suchapplication for pardon or commutation ofsentence shall be given by the secretary ofcorrections to the victim who is alive and whose address is known to thesecretary of corrections, or if the victim is deceased, to the victim's familyif the family's address is known to thesecretary ofcorrections.Notice of the receipt of suchapplicationshall be given by publication in the official county paper of the county ofconviction. The form of notice shall be prescribed by the board.If the applicant executes a poverty affidavit, thecost of onepublication of the notice during a twelve-month period shall be paid by thestate. If more than one notice of application is published during anytwelve-month period the additional cost of publication shall be paid by theapplicant. Subject to the provisions of subsection (4), if writtennotification is not given to such victim who is alive and whose address isknown to the secretary of corrections or, if the victim is deceased, to thevictim's family if the family'saddress is known to the secretary of corrections, the governorshall not grant or deny such application until a time at least 30 days afternotification is given by publication as provided in this section.

      (4)   All applications for pardon or commutation of sentence shall bereferred to the board. The board shall examine each case and submita report, together with such information as the board may haveconcerning the applicant, to the governor within120 days after referral to the board. The governor shall notgrant or deny any such application until the governor has received thereport of the board or until 120 daysafter the referral to the board, whichever time is the shorter and theprovisions of subsection (3) have been satisfied.

      History:   L. 1970, ch. 129, § 22-3701; L. 1972, ch. 317, § 79; L.1973, ch.339, § 58;L. 1992, ch. 298, § 94;L. 1997, ch. 23, § 1; Apr. 10.