Sentencing Overview and Criminal Justice Reform Issues 3 Kansas Legislative Research Department 2020 Briefing Book

Kansas Legislator Briefing Book 2020

H-1 Judiciary, Corrections, and Juvenile Adoption of Minors: Statutory Overview Justice H-8 Sentencing Overview and Criminal Justice H-2 Child Custody and Reform Issues Visitation Procedures The Kansas Sentencing Guidelines Act (KSGA) became effective H-3 July 1, 1993. Two grids containing the sentencing range for drug Civil Asset Forfeiture crimes and nondrug crimes were developed for use as a tool in sentencing. (Note: The source for the attached sentencing range H-4 grids for drug offenses and nondrug offenses is the Kansas Sentencing Commission Guidelines, Desk Reference Manual, Death Penalty in 2019. These sentencing grids are provided at the end of this article.) Kansas The sentencing guidelines grids provide practitioners with an H-5 overview of presumptive felony sentences. Juvenile Services The determination of a felony sentence is based on two factors: the H-6 current crime of conviction and the offender’s prior criminal history. Kansas Prison The sentence contained in the grid box at the juncture of the Population, Capacity, severity level of the crime of conviction and the offender’s criminal and Related Facility history category is the presumed sentence. [See KSA 21-6804(c).] Issues Off-Grid Crimes H-7 Mental Health and The crimes of capital murder (KSA 2018 Supp. 21-5401), murder the Criminal Justice in the first degree (KSA 2018 Supp. 21-5402), terrorism (KSA 2018 System Supp. 21-5421), illegal use of weapons of mass destruction (KSA 2018 Supp. 21-5422), and treason (KSA 2018 Supp. 21-5901) are H-8 designated as off-grid person crimes. Sentencing Overview and Criminal Justice Kansas law provides for the imposition of the death penalty, under Reform Issues certain circumstances, for a conviction of capital murder (KSA 2018 Supp. 21-5401 and KSA 2018 Supp. 21-6617). Where the H-9 death penalty is not imposed, a conviction of capital murder carries Sex Offenders and a life sentence without possibility of parole (KSA 2018 Supp. 21- Sexually Violent 6620(a)). Predators The remaining off-grid person crimes require life sentences with varying parole eligibility periods. Persons convicted of premeditated Jordan Milholland first-degree murder committed prior to July 1, 2014, are eligible Senior Research Analyst for parole after serving 25 years of the life sentence, unless the 785-296-3923 trier of fact finds there were aggravating circumstances justifying [email protected] the imposition of the Hard 50 sentence (requiring 50 years to be served before parole eligibility). Kansas Legislative Research Department 2020 Briefing Book

Persons convicted of premeditated first-degree The drug grid contains five severity levels; the murder committed on or after July 1, 2014, are nondrug grid contains ten severity levels. A thick, eligible for parole after serving 50 years of the black dispositional line cuts across both grids. life sentence, unless the sentencing judge, Above the dispositional line are unshaded grid after a review of mitigating circumstances, finds boxes, which are designated as presumptive substantial and compelling reasons to impose prison sentences. Below the dispositional line the Hard 25 sentence instead (KSA 2018 Supp. are shaded grid boxes, which are designated as 21-6620(c)). presumptive probation sentences.

Persons convicted of felony murder committed The grids also contain boxes that have a dark prior to July 1, 2014, are parole eligible after shaded color through them, which are referred serving 20 years of the life sentence. Persons to as “border boxes.” A border box has a convicted of felony murder convicted on or after presumptive prison sentence, but the sentencing July 1, 2014, are parole eligible after serving 25 court may choose to impose an optional nonprison years of the life sentence. sentence, which will not constitute a departure. The nondrug grid contains three border boxes, in Persons convicted of terrorism, illegal use of levels 5-H, 5-I, and 6-G. The drug grid contains weapons of mass destruction, or treason are seven dark-shaded border boxes, in levels 4-E, parole eligible after serving 20 years of the life 4-F, 4-G, 4-H, 4-I, 5-C, and 5-D. [See KSA 2018 sentence (KSA 2018 Supp. 22-3717(b)(2)). Supp. 21-6804 and KSA 2018 Supp. 21-6805.]

Also included in the off-grid group are certain sex offenses against victims under the age of 14: Grid Boxes aggravated human trafficking (KSA 2018 Supp. 21-5426(b)), rape (KSA 2018 Supp. 21-5503), Within each grid box are three numbers, which aggravated indecent liberties (KSA 2018 Supp. represent months of imprisonment. The three 21-5506(b)), aggravated criminal sodomy (KSA numbers provide the sentencing court with a 2018 Supp. 21-5504(b)), commercial sexual range for sentencing. The sentencing court has exploitation of a child (KSA 2018 Supp. 21-6422), discretion to sentence within the range. The and sexual exploitation of a child (KSA 2018 middle number in the grid box is the standard Supp. 21-5510). Offenders sentenced for these number and is intended to be the appropriate off-grid crimes are parole eligible after 25 years sentence for typical cases. The upper and lower in confinement for the first offense, parole eligible numbers should be used for cases involving after 40 years in confinement for the second aggravating or mitigating factors sufficient to offense, or sentenced to life without parole if they warrant a departure, as explained in the next have been convicted of two or more of these paragraph. [See KSA 2018 Supp. 21-6804 and offenses in the past. KSA 2018 Supp. 21-6805.]

The sentencing court may depart upward to Drug Grid and Nondrug Grid increase the length of a sentence up to double the duration within the grid box. The court also The drug grid is used for sentencing on drug may depart downward to lower the duration of a crimes described in KSA Chapter 21, Article 57. presumptive sentence. [See KSA 2018 Supp. 21- The nondrug grid is used for sentencing on other 6815, 21-6816, and 21-6817.] The court also may felony crimes. In both grids, the criminal history impose a dispositional departure, from prison to categories make up the horizontal axis and the probation or from probation to prison (KSA 2018 crime severity levels make up the vertical axis. Supp. 21-6818).

Each grid contains nine criminal history categories In State v. Gould, 271 Kan. 394, 23 P.3d 801 (2019 Drug Grid (PDF); 2019 Nondrug Grid (2001), the predecessor to KSA 21-6815 was (PDF)). found to be “unconstitutional on its face” for

2 Judiciary, Corrections, and Juvenile Justice 2020 Briefing Book Kansas Legislative Research Department the imposition of upward durational departure Sentencing Considerations sentences by a judge and not a jury. In the 2002 Legislative Session, the departure provisions The sentencing court should consider all were amended to correct the upward durational available alternatives in determining the departure problem arising from Gould. This appropriate sentence for each offender. The change became effective June 6, 2002. The jury sentencing guidelines seek to establish equity now determines all of the aggravating factors among like offenders in similar case scenarios. that might enhance the maximum sentence, Rehabilitative measures are still an integral part based upon the reasonable doubt standard. of the corrections process, and criminal justice The trial court determines if the presentation of professionals continue efforts to reestablish evidence regarding the aggravating factors will offenders within communities. The guidelines do be presented during the trial of the matter or in a not prohibit sentencing courts from departing from bifurcated jury proceeding following the trial (KSA the prescribed sentence in atypical cases. The 2018 Supp. 21-6817). sentencing court is free to choose an appropriate sentence, or combination of sentences, for each Probation case (KSA 2018 Supp. 21-6604).

Probation is a procedure by which a convicted Good Time and Program Credits defendant is released after sentencing, subject to conditions imposed by the court and supervision While incarcerated, offenders may earn (and by the probation service of the court or community forfeit) “good time” credits based upon factors corrections, generally without serving a period of like program and work participation, conduct, and imprisonment (although a felony offender may be the inmate’s willingness to examine and confront sentenced to up to 60 days in county jail as a past behavioral patterns that resulted in the condition of probation). As noted above, a number of boxes on the sentencing grids are designated commission of crimes. Depending on the severity “presumptive probation,” which means probation level of the offender’s crime, the offender may will be granted unless a departure sentence earn up to 15 percent or 20 percent of the prison is imposed. An underlying prison sentence is part of the sentence in good time credits. still imposed in felony cases where probation is Additionally, offenders serving only a sentence granted, and if the defendant is subsequently for a nondrug severity level 4 or lower crime or found to have violated a condition of probation, probation may be revoked and the defendant a drug severity level 3 or lower crime may earn required to serve the underlying prison term. up to 120 days of credit that may be earned Other possible actions a court may take upon by inmates “for the successful completion of a violation of probation include continuation of requirements for a general education diploma, probation, modification of probation conditions, a technical or vocational training program, a or various periods of confinement in a county jail. substance abuse treatment program or any In some cases, where a defendant has waived other program designated by the secretary which the right to a hearing on a probation condition has been shown to reduce offender’s risk after violation, court services or community corrections release.” may impose two- or three-day “quick dip” periods of confinement in a county jail. With a few exceptions for certain sex-related offenses, any good time or program credits Recommended probation terms range from under earned and subtracted from an offender’s prison 12 to 36 months, depending on the severity level sentence are not added to the postrelease of the crime of conviction. supervision term (KSA 2018 Supp. 21-6821).

H-8 Sentencing Overview and Criminal Justice Reform Issues 3 Kansas Legislative Research Department 2020 Briefing Book

Postrelease Supervision In 2012, the Legislature passed Senate Sub. for Sub. for HB 2318, which changed the drug grid Once offenders have served the prison portion of from a four-level grid to a five-level grid, adding a sentence, most must serve a term of postrelease a new level 2 with penalties falling between supervision. For certain sex-related offenses, the the existing first and second levels of the grid. postrelease supervision term is increased by The new grid also expanded the presumptive the amount of any good time or program credits imprisonment boxes and the border boxes. earned and subtracted from the prison portion of In 2013, the Legislature passed HB 2170, which the offender’s sentence. For crimes committed represented the recommendations of the Justice on or after July 1, 2012, offenders sentenced Reinvestment Working Group, a statutorily for drug severity levels 1-3 or nondrug severity created body charged with analyzing the Kansas levels 1-4 must serve 36 months of postrelease criminal justice system and, based upon that supervision, those sentenced for drug severity analysis, providing evidence-based policy options level 4 or nondrug severity levels 5-6 must that would reduce recidivism and, at the same serve 24 months, and those sentenced for drug time, the increasing prison population. Among severity level 5 or nondrug severity levels 7-10 other provisions, the bill implemented a series must serve 12 months. These periods may be of graduated sanctions for probation violators, reduced based on an offender’s compliance and including 2- or 3-day jail stays and 120- or 180- performance while on postrelease supervision day prison stays. [Note: 2019 SB 18 eliminated (KSA 2018 Supp. 22-3717(d)(1)). the 120- or 180-day prison stay sanctions.]

While on postrelease supervision, an In June 2013, the U.S. Supreme Court’s decision offender must comply with the conditions in Alleyne v. U.S., 570 U.S. 2151, 133 S. Ct. of postrelease supervision, which include 2151, 186 L. Ed. 2D 314 (2013), called the reporting requirements; compliance with laws; constitutionality of Kansas’ Hard 50 sentencing restrictions on possession and use of weapons, statute (KSA 21-6620) into doubt. Since 1994, drugs, and alcohol; employment and education in cases where a defendant was convicted of requirements; restrictions on contact with victims premeditated first-degree murder, the statute or persons involved in illegal activity; and other had allowed the sentencing court to impose a life conditions. A “technical violation” of the conditions sentence without eligibility for parole for 50 years of postrelease supervision (such as failure to when the judge found one or more aggravating factors were present. The Alleyne decision report) will result in imprisonment for six months, indicated such determinations must be made by reduced by up to three months based upon the the trier of fact (usually a jury) using a reasonable offender’s conduct during the imprisonment. A doubt standard, rather than by the sentencing violation based upon conviction of a new felony judge. or a new misdemeanor will result in a period of confinement as determined by the Prisoner In response to the Alleyne decision, the Kansas Review Board, up to the remaining balance of the Attorney General requested Governor Brownback postrelease supervision period (KSA 2018 Supp. call the Kansas Legislature into Special Session 75-5217). “for the purpose of repairing” the Hard 50 sentence. The Governor subsequently called the Legislature into Special Session starting Recent Notable Sentencing Guidelines September 3, 2013, to respond to Alleyne. Legislation Before the 2013 Special Session, the Special In 2010, the Kansas Criminal Code, including Committee on Judiciary met to review Alleyne, the sentencing guidelines, was recodified. The receive testimony, and report preliminary findings recodification took effect July 1, 2011. Citations to the House and Senate Judiciary Committees in this article are to the recodified code. at the commencement of the Special Session.

4 Judiciary, Corrections, and Juvenile Justice 2020 Briefing Book Kansas Legislative Research Department

The Special Committee recommended language (Secretary) to transfer certain low- to moderate-risk for a bill that would institute a jury procedure for offenders to house arrest pursuant to community the Hard 50 determination. parenting release if the conditions listed in the bill are met and the Secretary determines the At the Special Session, the Legislature considered offender’s placement in the program is in the and passed HB 2002, which was an amended child’s best interests. The Secretary can return version of the language proposed by the Special an offender to a correctional facility to serve the Committee. HB 2002 went into effect upon its remaining sentence if the offender fails to comply publication in the Kansas Register (September 6, with release requirements. 2013). HB 2447 increased the maximum number of In 2014, the Legislature passed HB 2490, days an inmate’s sentence may be shortened which included amendments to the sentencing for earning program credits from 90 days to 120 provisions for premeditated first-degree murder, days. attempted capital murder, and felony murder. The bill also permitted the dismissal of parole, The bill increased the default sentence for conditional release, or postrelease supervision premeditated first-degree murder committed on violation charges to be conditioned upon the or after July 1, 2014, from the Hard 25 sentence released inmate agreeing to credit being withheld to the Hard 50 sentence. The sentencing judge for the period of time from the date the Secretary may impose the Hard 25 sentence if the judge issued a warrant to the date the offender was reviews mitigating factors and finds substantial arrested or returned to Kansas. and compelling reasons to impose the lesser sentence. HB 2463 amended statutes governing the determination of criminal history to add nongrid The bill also imposed the Hard 25 sentence for felonies, nondrug severity level 5 felonies, and attempted capital murder (previously a severity any drug severity level 1 through 4 felonies level 1 felony) and felony murder (previously a committed by an adult to the list of juvenile Hard 20 sentence). adjudications that will decay if the current crime of conviction is committed after the offender If a defendant’s criminal history when sentenced reaches age 25. The bill also allowed a court to for any of these crimes would subject the continue or modify conditions of release for, or defendant to imprisonment for a term exceeding impose a 120- or 180-day prison sanction on, an the Hard 50 or Hard 25 sentence (as applicable), offender who absconds from supervision, without the defendant will be required to serve the having to first impose a 2- or 3-day jail sanction. mandatory minimum term equal to the sentence Finally, the bill made a violation or an aggravated established under the sentencing guidelines. violation of the Kansas Offender Registration Act a person offense if the underlying crime (for In 2015, the Legislature passed HB 2051, which which registration is required) is a person crime. increased the amount of good time inmates If the underlying crime is a nonperson crime, sentenced for post-July 1, 2012, drug severity the registration offense is a nonperson crime. level 3 crimes may earn, to try to restore the Previously, a violation or aggravated violation general good time eligibility criteria to a similar of the Kansas Offender Registration Act was a state as it existed before the 2012 changes to the person crime regardless of the designation of the drug grid. The bill also increased the amount of underlying crime. time from 60 days to 90 days that may be earned by any eligible inmate for program credits. Legislation passed by the 2017 Legislature involving sentencing included SB 112 and HB In 2016, the Legislature passed three bills related 2092. SB 112, among other changes, enacted the to sentencing: HB 2151, HB 2447, and HB 2463. Law Enforcement Protection Act. This act created HB 2151 authorized the Secretary of Corrections a special sentencing rule with enhanced penalties

H-8 Sentencing Overview and Criminal Justice Reform Issues 5 Kansas Legislative Research Department 2020 Briefing Book if a trier of fact finds beyond a reasonable doubt The bill also amends law related to correction of that an offender committed a nondrug felony an illegal sentence by specifying such sentences offense (or an attempt or conspiracy to commit may only be corrected while the defendant is such offense) against a law enforcement officer serving the sentence. while the officer was performing the officer’s duty or solely due to the officer’s status as a law The bill also amends law related to classification enforcement officer. of out-of-state criminal history of a defendant by listing certain factors or circumstances that HB 2092, among other changes, amended law would result in the out-of-state crime being related to mandatory minimum sentences. The considered a person felony for Kansas criminal bill clarified mandatory minimum sentences will history classification purposes, if such factors not apply if, due to criminal history, the offender or circumstances are elements of the crime as would be subject to presumptive imprisonment for defined by the convicting jurisdiction. a severity level 1 crime for a term longer than the mandatory minimum. In such case, the offender Criminal Justice Reform Issues would serve a sentence equal to the longer term and would not be eligible for parole until the entire During the 2018 and 2019 Legislative Sessions, sentence is completed. In addition, the sentence legislation aimed at targeting specific criminal could not be reduced by good time credits. justice reform issues has been passed.

In 2019, the Legislature passed SB 18, which makes numerous amendments regarding crimes, Wrongful Conviction Compensation punishments, and criminal procedure. Among its In 2018, the Legislature passed HB 2579, provisions are the following. concerning wrongful conviction compensation.

The bill removes the ability of the sentencing court The bill creates a civil cause of action entitling to specifically withhold authority from supervising claimants to recover damages from the State for court services or community corrections officers wrongful conviction if the claimants can establish, to impose certain probation violation sanctions of by a preponderance of the evidence, several confinement in a county jail for a 2-day or 3-day elements specified in the bill. Claimants must period or an additional 18 days of confinement in bring suit within two years of the the criminal a county jail. charges’ dismissal, finding of not guilty on retrial, or pardon of a claimant. Claimants convicted, The bill also removes probation violation sanctions imprisoned, and released from custody before allowing the court to remand the defendant to the July 1, 2018, are required to commence an action custody of the Secretary for periods of 120 or 180 no later than July 1, 2020. days and removes and modifies other related provisions. Claimants entitled to damages will receive $65,000 for each year of imprisonment and The bill amends a mitigating factor that may be not less than $25,000 for each additional year applied when the victim was an aggressor or a claimant served on parole or postrelease participant in the criminal conduct associated with supervision or was required to register as an the crime of conviction, to prohibit the application offender under the Kansas Offender Registration of this factor to a sexually violent crime or to Act, whichever is greater. The court must order electronic solicitation, when: a) the victim is less the award be paid as a combination of an initial than 14 years old and the offender is at least 18 payment not to exceed $100,000 or 25 percent years old, or b) the offender hires any person by of the award, whichever is greater, and the giving, or offering to or agreeing to give, anything remainder as an annuity not to exceed $80,000 of value to the person to engage in an unlawful per year. (Claimants may designate a beneficiary sex act. for the annuity.) Alternatively, the court may order

6 Judiciary, Corrections, and Juvenile Justice 2020 Briefing Book Kansas Legislative Research Department one lump-sum payment if it is in the claimant’s Kansas Closed Case Task Force best interests. HB 2290 also establishes a 15-member Kansas The court may also award other non-monetary Closed Case Task Force, composed of legislators, relief, including counseling, housing assistance, executive branch officials, and stakeholders, and and personal financial literacy assistance. Further, requires the Task Force to develop a plan to claimants are entitled to reasonable attorney fees ensure uniform statewide policies and procedures and costs incurred in an action brought under the related to the handling, reporting, investigation, bill of not more than $25,000, unless the court and sharing of information regarding hits to the authorizes a greater reasonable total upon a state-combined DNA index system (CODIS) showing of good cause; tuition assistance; and related to solved and unsolved cases. The Task participation in the state health care benefits Force is required to complete the plan by October program. 1, 2020, and submit a report by December 1, 2020. The Task Force will expire December 30, The bill outlines additional details regarding 2020. procedure, claim payment, tuition assistance, and health care benefits. It also provided for a certificate of innocence for the claimant, an expungement order, and destruction of biological samples held by the Kansas Bureau of Investigation.

As of August 2019, the State has agreed to pay compensation to two exonerated persons under the provisions of the bill. The State agreed to pay $1.10 million to Richard Jones, who was incarcerated for nearly 17 years. The State also agreed to pay $1.03 million to Floyd Bledsoe, who was incarcerated for 16 years.

Criminal Justice Reform Commission

In 2019, the Legislature passed HB 2290, which, among other provisions, established the Kansas Criminal Justice Reform Commission.

The bill establishes a 19-member Criminal Justice Reform Commission (Commission), composed of legislators, Judicial Branch personnel, prosecutors and defense attorneys, and other stakeholders, and requires the Commission to analyze, review, and study various criminal justice topics specified by the bill. The Commission must submit an interim report to the Legislature by December 1, 2019, and a final report and recommendations to the Legislature by December 1, 2020.

H-8 Sentencing Overview and Criminal Justice Reform Issues 7 Kansas Legislative Research Department 2020 Briefing Book

92 46 14 10 138

I 98 49 15 11 146 15% 15% 20% 20% *20 *

Good Time Good No Record

1 Misdemeanor 154 103 51 16 12

96 49 17 12

142

ion

H 36 36 36 51 18 13 2 + ≤ 18 150 100 *≤12 *

Probat

Misdemeanors 161 108 54 19 14

99 51 20 14 146

G 36 36 36 24 12 54 22 15 154 104 Felony is distributed or possessed w/ intent to distribute on distribute to possessed w/ intent or distributed is

Postrelease

1 Nonperson 162 110 57 23 16

52 23 16

150 101

99 999

- - F 56 24 17 <10 158 108 10 >1000 100

Felonies

Dosage Units 2 Nonperson SL4), $100,000 (SL5) SL4), 167 113 59 26 18 -

55 28 18

154 105

E 59 30 20 162 111 99 plants99 49 plants 49 - DRUG OFFENSES - Cultivate

Felonies

5 >100 plants >100

50 - E

3 + Nonperson 170 116 62 32 22 SL2), $300,000 (SL3 SL2), -

60 32 23

161 111

Appendix Appendix

D 64 34 24 1st (all) 170 117

Felony

1 Person Manufacture Manufacture 2nd or Meth 179 124 68 36 26

KSG DeskKSG Reference Manual 201

65 37 28

3rd 169 117

kg 30

g 450

C - 68 40 30 178 123 < g 25 ≥ 30 kg offense Felony

Marijuana 25 g

1 Person & 450 g 450 Severity level of offense increases level oneSeverity if controlled level orsubstance analog Fines not to exceed $500,000 (SL1 $500,000 Fines exceed not to 1 Nonperson Possession 187 130 72 42 32   of any schoolft or property. w/in 1000

68 41 32

176 122

SENTENCING RANGE

100 g

g 3.5

- B - 73 44 34

186 130 < 1 g

≥ 100 g Felonies 1 g 2 Person Possession 3.5 g3.5 Meth & Heroin 196 137 77 47 36

74 46 37

185 130

1 kg

100 g

- A 78 49 40 194 136 Distribute or Possess w/ or Possess intent Distribute to Distribute ≥ 1 kg < 3.5 g < 3.5

Cocaine Cocaine

Felonies 100 g 100 Possession 3 + Person 3.5 g3.5

204 144 83 51 42

→

Border Box Border

I July 1, on2012committed application or after offense for Retroactive I II V II offendersSB123 months18 2003 for ≤ V III IV III IV

↓ * ** school any on of ft Level or if w/inone increases1000 property level *** Severity Levels Presumptive Probation Presumptive Imprisonment Categories Severity Level Level Severity

8 Judiciary, Corrections, and Juvenile Justice 2020 Briefing Book Kansas Legislative Research Department

o 7 9 5 8 1 7 1 7 5 5

4 0 5 3 3 1 1 n d r 1 1 a o e

5 7

e 9 1 2 8 2 m I 1 5 1 8 6 6 e 5 4 3 1 1 R 1 1

o s i 5 3

N 6 2 1 3 4 9 3

M 1 1 6 4 3 1 1 9 7 7

r 6 3 1 2 9 2 9 6 5 4 o 6 2 6 4 1 1 3 n

1 1 a 7

6 1

6 5 0 3 0 6 m

7 3 6 H e 6 4 2 1 1 3 2 1 1 d

s i 6 8

8 3 1 8 1 4 1

M isonment 1 1 7 4 2 1 1 8 7 3

4 8 7 8 5 9 7 5 2 LEGEND 8 n Border Box Border 8 3 4 3 1 2

6 o

1 1 y

5 n

e o 0 1 6 0 4

9 1 4 G 8 6 l

2 p Presumptive Probation 5 4 1 1 2

1 e 1

7 n

Presumptive Impr Presumptive

F o

3 4

0 5 7 2 3 7 1

6 N

2 1 7 5 4 1 1 9 7 2 S E S

3 2 4 2 1 5 7 1 8 6

0 5 7 5 4 2 1 1 N s o 2 1 e s

4 0

n e 9 6 4 7 8 2 2 F 1 6 9 7 o p 7 5 4 2 1 1 F l 2 1 n

e o 6 8

F F 2 6 3 9 7 9 9 3 0

2 1 8 5 4 2 1 1 1 8 O 0

: - 1 e - 1 r

G 7

s a

l l

e e 5

U 1 5 2 7 6 8 9 3 9 7 v v 9

n 9 2 6 8 5 4 2 1 1 / e e s o 2 1 R 0

e s L L

2 r

4 4

/ 8 0 9 0 1 4 0 + y y n D e 3 7 8

4 t t E 8 6 4 3 2 1 1 o

p i i 2 1 3 l

e r r n N e r 6 4

e e o F o v v 4 8 2 4 1 2 3 5 1

f N O e e 2 1 9 6 5 3 2 1 1 9 E e S S b

N n n d

i i

e t – d d t

e e i i i 0 1 9 2 0 2 2 5 1 8 f f

m i i 4 8 8 6 5 3 2 1 1 E Appendix Appendix

s s 2 1 y n m s s

G o o n

a a

3 0

c s l l 4 6 2 4 4 6 2 o

1 5 9 9 D l r c c 9 6 5 3 2 1 1

s N 2 1 e e s s e

i F P e e 7 0 0

A i i

n 6 0 0 9 5 6 6 7 3 0 n n o KSG Desk Reference Manual 201 Manual Reference Desk KSG 2 2 1 6 5 3 2 1 1 1 l o o R l l e

f e e

f f r

G r r o f o o

f f

e N 1

8 4 6 8 3 4 5 7 1 9 s s s n I

5 9 9 6 5 3 2 1 1 a h h o & s

t t e 2 1 s e C l

r n n i n

e 2 5 2 e o o o n 1 7 6 7 8 2 0 r s 7 0 0 C p o N t 7 5 3 2 1 1 1 m m r l 2 2 1 s n

e e o o 4 2 E 5 7 5 6 7

P F - -

P 2 1

N 8 1 0 5 0 8 9 9 3 1 1 6 T 1 2 2 1 7 6 3 2 1 1 1

s s

l l

N e e 0 v v 1 E e e -

L L 9 S

4 6 6 4 4 7 7 8 3 0 8

y y s

5 1 0 4 1 3 2 1 1 1

l l t t

s i i 5 4 2 1 1 e e 0

n e r r

v v i

o 1 4 6 e e

6 8 6 4 0

e e - - - 9 9 9 4 1 n s v v 8 3 1 5 2 2 B L r 5 o L 3 2 1 1 1 7 1 e e

5 4 2 1 1 l

e s S S y

s s y e

l l l P t t 8 0 8 2 8

F i i e e e n n

1 6 2 6 2 1 1 0 5 2 r i i r v v v

e 6 4 2 1 1 4 3 2 1 1 e e e e d d v v L L L e e e e

i i f f S y y y S i i

t t t s s i i i n n s s r r r i i

e e a a

l l d d v v v 2 2 1 4 2 0 0 9 5 1 c c

e e e e e

9 4 2 5 2 4 3 1 1 1

i i s s s

f f S S S 5 4 2 1 1 n : e i i

e e

i o e i i s s

n n n + 0 7 3 2 0 n r s s s i i i n n

3 2 1 6 2

A r 2 6 3 6 3 o a a a o o 3 4 3 2 1 1 l

d d d l l e l l 6 4 2 1 1 e s c c e e e e e

i i i f f F f 3 3 7 2 6

f f

s s m i i i r r e e r 5 9 4 7 3 6 4 3 7 3 s s s i i o o e 6 4 2 1 1 4 3 2 1 1 s s s f f n n

T a a a o o

l l l d d l l c c c n e e e e

o f f d d

s s s

i : n n e e r e r s e i i i i e e o o r f f

v n n n

a r m m o o o ) )

l l l e  o s o y

e e e m m t

t p t

f f f

l y o o i

r e c p c p

r r r r

I I I I o S I e e v e X V e o o u o u I I ↓ I

X V I V f r f ( f r ( g I I e I v V

T e V e

e L s s s s s s s s t n S a h h h h h h h a

o t t t t t t t e i l C n n n n n n n t e

o o o o o o o a r t b m m m m m m m s

o r o 2 6 6 2 4 4 8 1 P 3 3 1 P 2 2 1

H-8 Sentencing Overview and Criminal Justice Reform Issues 9 Kansas Legislative Research Department 2020 Briefing Book

For more information, please contact:

Jordan Milholland, Senior Research Analyst Robert Gallimore, Managing Research Analyst [email protected] [email protected]

Kansas Legislative Research Department 300 SW 10th Ave., Room 68-West, Statehouse Topeka, KS 66612 Phone: (785) 296-3181

10 Judiciary, Corrections, and Juvenile Justice