(1) Any of the following felonies, whether such felony is so distinct from the homicide alleged to be a violation of subsection (a) (2) as not to be an ingredient of the homicide alleged to be a violation of subsection (a) (2): (A) Kidnapping, as defined in subsection (a) of K.S.A. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. (m)The sentence for a violation of K.S.A. On a second or subsequent charge for solicitation of a prostitute, you now face a Severity Level 9 Felony and you face sentencing on the Kansas sentencing grid. (w)The sentence for aggravated criminal damage to property as defined in K.S.A. 136, 285; L. 2011, ch. (f)Each grid block states the presumptive sentencing range for an offender whose crime of conviction and criminal history place such offender in that grid block. (ii)at the time of the conviction under subsection (j)(2)(B)(i) has at least one conviction for rape in this state or comparable felony under the laws of another state, the federal government or a foreign government. Such sentence shall not be considered a departure and shall not be subject to appeal. If an offender earns good time, that amount will be subtracted from the maximum sentence. The sentence for any persistent sex offender whose current conviction carries a presumptive nonprison term shall be presumed imprisonment and shall be double the maximum duration of the presumptive imprisonment term. for further information and assistance concerning the Desk Reference Manual or the Kansas Sentencing Guidelines Act. A defendant sentenced to an optional nonprison sentence under this subsection shall be supervised by community correctional services. 8-2,144, and 8-1567 and K.S.A. 21-5807, and amendments thereto; or the sentence for a violation of burglary as defined in K.S.A. If the child was under 14 years of age and the offender was 18 years of age or older, it is an off-grid felony punishable by life imprisonment and up to $500,000 in fines. <> In both grids, the criminal history categories make up the horizontal axis, and the crime severity levels make up the vertical axis. Republican 21-5414(b)(3)*, 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and amendments thereto, shall not be served in a state facility in the custody of the secretary of corrections, except that the term of imprisonment for felony violations of K.S.A.
2021 Supp. Adjourned until Monday, January 09, 2023 at 02:00 p.m. this Section, Article 68 - Revised Sentencing Guidelines. So, ultimately, is the extra cost worth the rehabilitation efforts to incarcerate a Defendant for a crime over ten years old? 2021 Supp. The sentence under this subsection shall not be considered a departure and shall not be subject to appeal. 2021 Supp. The nondrug grid is used for sentencing on other felony crimes. eq-o-^( 90, 4; L. 2017, ch. Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition Current as of January 01, 2020 | Updated by FindLaw Staff (2)In presumptive imprisonment cases, the sentencing court shall pronounce the complete sentence which shall include the: (B)maximum potential reduction to such sentence as a result of good time; and. For the more darkly shaded boxes, these are border boxes and the defendant can only get probation if his attorney files a motion pleading why his or her client is entitled to the probation. 91, 41, and L. 2011, ch. (x) The sentence for a violation of K.S.A. A Ethnicity: Hispanic Non-Hispanic Citizenship: U.S. Citizen of: Detainer or Other Charges Pending? 21-5404, 21-6804, 21-6805, 21-6806, 21-6815 (2021).). (2)The sentence imposed pursuant to subsection (t)(1) shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. The concept of probation is more fully explored on its own separate Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition. Some crimes in Kansas are designated as off-grid felonies. (a) Criminal history categories contained in the sentencing guidelines grids are based on the following types of prior convictions: Person felony adult convictions, nonperson felony adult convictions, person felony juvenile adjudications, nonperson felony juvenile adjudications, person misdemeanor adult convictions, nonperson class A misdemeanor. 21-5101 et seq. For each non-drug felony offense, the law specifies a severity level of 1 to 10 (one being the most serious and ten the least) and designation as a person or non-person offense. To learn more about the details, ask an attorney. (D)its members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. (h) When a firearm is used to commit any person felony, the offender's sentence shall be presumed imprisonment. 21-6821 (2021). An offender earns good time by avoiding disciplinary actions while serving the prison sentence. (q) As used in this section, an "optional nonprison sentence" is a sentence which the court may impose, in lieu of the presumptive sentence, upon making the following findings on the record: (1) An appropriate treatment program exists which is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and, (2) the recommended treatment program is available and the offender can be admitted to such program within a reasonable period of time; or. Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition. The white boxes are for more serious crimes and those who have a more comprehensive criminal history and the legal sentence for those defendants will be presumption prison with no opportunity for probation. SENTENCING RANGE - NONDRUG OFFENSES KSG Desk Reference Manual 2022 Appendix E Category A B C D E F G H I Severity Level 3 + Person Felonies 21-5807(a), and amendments thereto; or the sentence for a felony violation of theft of property as defined in K.S.A. John's criminal history score is "I" because he has no criminal history and should be considered a person with "No Record". 21-5913(a)(2), and amendments thereto, shall be presumptive imprisonment. Sexual exploitation of a child is a felony punishable by up to 55 months in prison and up to $300,000 in fines. Trish Beck, Jul 18, 2022, 14:27 PM John Doe, the defendant, was convicted of possession of cocaine, a level four drug crime. Or if the offender has a lengthy criminal past (say three or more person felonies), the sentence will also increase. (i) (1)The sentence for the violation of the felony provision of K.S.A. Sentencing range. The secretary's determination regarding the availability of treatment resources and facility capacity shall not be subject to review. Kansas, however, takes a different approach. 21-5111(p)(1) and (3), and amendments thereto, while such officer was engaged in the performance of such officer's duty, or in whole or in any part because of such officer's status as a law enforcement officer, the sentence for such offense shall be: (A)If such offense is classified in severity level 2 through 10, one severity level above the appropriate level for such offense; and. (d) The sentencing guidelines grid for nondrug crimes as provided in this section defines presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence. 2010 Supp. 2021 Supp. 43ZGjI[l[y'l#e Web page addresses and email addresses turn into links automatically. 1 to 4.25 years), Severity level 5: 10 to 42 months (approx. We've helped 95 clients find attorneys today. Crimes punishable by jail time of a year or less are misdemeanors. endobj For example, there are a number of special rules which may or may not apply that could change the range of punishment that the government could request at sentencing phase of the case. 100, 21; L. 2012, ch. Secord offenses of either driving under the influence or failure to agree to test for drugs/alcohol will still need a waiting period often years. The court may impose an optional nonprison sentence as provided in subsection (q). endobj So for a ten-year sentence, an offender who serves prison time without any disciplinary problems could shave off two years of the sentence. If an offense under such sections is classified in grid blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional nonprison sentence as provided in subsection (q). Trish Beck, Sep 1, 2022, 16:28 PM 21-3701, 21-3715 and 21-3716, prior to their repeal, or theft of property as defined in K.S.A. $152,000,000 ($152 million per year) is the current bill. For a non-gridfelonycommitted after 07/01/1993,based on current non-drug grid with a severity level of 1 through 5. (t) (1)If the trier of fact makes a finding beyond a reasonable doubt that an offender wore or used ballistic resistant material in the commission of, or attempt to commit, or flight from any felony, in addition to the sentence imposed pursuant to the Kansas sentencing guidelines act, the offender shall be sentenced to an additional 30 months' imprisonment. The more trouble that a person has been in past, the more trouble they are facing on any new case. See KSA 21-6804(c). 21-36a01 through 21-36a17, prior to their transfer, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009; and, (C) its members have a common name or common identifying sign or symbol; and. House, All Parties . qeO\GK56vKC7_ :c%9j[?gK)T{$zMA(EV|*nfdp|+vTuWsx6B_z-b?S/qFN/-^5?NI. Lines and paragraphs break automatically. In addition, such offender shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. 2021 Supp. The sentence specified in Box 2D ranges from 181 to 200 months (15 to 17 years) in prison. endobj 22-3717, and amendments thereto; and, (ii)at the time of the conviction under subsection (j)(2)(A)(i) has at least one conviction for a sexually violent crime, as defined in K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of property, as defined in K.S.A. Two offenders who commit the same crime and have the same criminal history should receive similar penalties. 21-5107 (2021).). As discussed above, the offender will face a prison sentence or probation sentence depending on the offense and criminal history placement on the grid. Such sentence shall not be considered a departure and shall not be subject to appeal.
Newer cases are sentenced using the 5 row grid. by endobj After a finding of guilt, based on either a plea or a verdict, the court orders a presentence investigation report or "PSI". 21-3415, prior to its repeal, aggravated battery against a law enforcement officer committed prior to July 1, 2006, or a violation of K.S.A. The sentence under this subsection shall not be considered a departure and shall not be subject to appeal. (More on probation below.). 122, 9; L. 2014, ch. This crime also requires. 2021 Supp. (j) (1) The sentence for any persistent sex offender whose current convicted crime carries a presumptive term of imprisonment shall be double the maximum duration of the presumptive imprisonment term. 21-5801, and amendments thereto, or burglary as defined in K.S.A. Here are some examples of non-drug felony severity levels and designations: Here are some examples of drug felony severity levels: After a conviction, the judge will hand down the offender's sentence, which can occur immediately or in a separate sentencing hearing. Kansas Sentencing Commission ; 2022 Sentencing Forms; 2022 Sentencing Guidelines, Forms, & Related Information . 21-5301 and 21-5302, and amendments thereto, to commit a nondrug felony offense, against a law enforcement officer, as defined in K.S.A. . 2010 Supp. (3)Notwithstanding the provisions of any other section, the term of imprisonment imposed for the violation of the felony provision of K.S.A. The drug grid with 4 rows is the older drug grid which we still use for older cases that take a long time to get to the sentencing phase. 2021 Supp. Kansas Sentencing Guidelines A B C D E F G H I THREE PLUS PERSON FELONIES TWO PLUS PERSON FELONIES ONE PERSON PLUS ONE NONPERSON FELONIES ONE PERSON FELONY THREE PLUS NONPERSON FELONIES TWO NONPERSON FELONIES ONE NONPERSON FELONY TWO PLUS MISD ONE MISD OR NO RECORD PROB POST RELS GOOD TIME 2021 Supp. 21-6824(f)(1), and amendments thereto, shall apply to a defendant sentenced under this subsection. (D) its members, individually or collectively, engage in or have engaged in the commission, attempted commission, conspiracy to commit or solicitation of two or more person felonies or felony violations of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. As long as the sentencing judge renders a sentence that is represented by one of the numbers in the appropriate box then the sentence is presumed to be legal. 100, 22. 2021 Supp. Senate stream 2021 Supp. 21-5801, and amendments thereto, or burglary or aggravated burglary as defined in K.S.A. 21-36a01 through 21-36a17, prior to their transfer, any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009, or any substantially similar offense from another jurisdiction. In Depth: Sentencing Guideline Grids. . The second grid is used to sentence those convicted of drug crimes and it has only four rows or "severity levels" for older cases and 5 rows for newer cases. Specify whether you are seeking a dispositional (non-prison) or durational (shorter prison term) departure as well as any arguments related to concurrent (same time) or consecutive (back to back) sentencing for multiple counts in the same Charging Information. 21-6107, and amendments thereto, or any attempt or conspiracy, as defined in K.S.A. A level nine felony would be subject to sentencing for a minimum of five months in the Kansas Department of Corrections, and up to 17 months incarceration. Statute caps good time at 15% to 20% of the maximum sentence. The lower number represents a mitigated sentence which the defense counsel will sometimes request if the facts merit a reduction in the sentence. 2021 Supp. (v) The sentence for a third or subsequent violation of K.S.A. In some states, the information on this website may be considered a lawyer referral service. Kansas makes sodomy a crime when the victim is a child age 14 or 15. (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){(i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o),m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m)})(window,document,'script','//www.google-analytics.com/analytics.js','ga');ga('create','UA-53372948-1','auto');ga('send','pageview'); google_ad_client="pub-4520119733373775";google_ad_slot="8113498069";google_ad_width=336;google_ad_height=280. Felony sentencing in Kansas involves several factors: severity level, sentencing grids, offender criminal history, and the circumstances of the crime. For a non-gridfelonycommitted after 07/01/1993, based on current non-drug grid with a severity level of 6 through 10. Ludwick, Matt [OITS], Feb 24, 2022, 15:11 PM Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 2021 Supp. Contact Kansas City Criminal Defense Lawyer Paul Cramm to discuss how the Kansas Sentencing Guidelines will affect what happens if you are convicted of a Felony. There are nine possible "criminal history score" rankings that a person can receive. 22-4903 or K.S.A. 7450 W. 130th St. Suite 305 Overland Park, KS 66213 . (2) The sentence imposed pursuant to subsection (t)(1) shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. If an offense is classified in a grid block below the dispositional line, the presumptive disposition shall be nonimprisonment. Prior to imposing any sentence pursuant to this subsection, the court may consider assigning the defendant to a house arrest program pursuant to K.S.A. (3) The provisions of this subsection shall not apply to an offense described in subsection (y)(1) if the factual aspect concerning a law enforcement officer is a statutory element of such offense. 22-4903 or K.S.A. 21-5803, and amendments thereto, when such property is a motor vehicle, and when such person being sentenced has any combination of two or more prior convictions of K.S.A. The grid's horizontal axis is the criminal history scale which classifies criminal histories. The law ranks drug offenses by severity level 1 to 5 (one being the most serious and five the least). Such sentence shall not be considered a departure and shall not be subject to appeal. Download 2022_drug_grid (102 KB) 700 SW Jackson, Suite 501 Topeka, Kansas 66603. But the range allows the judge to impose a sentence at the upper limit if the crime involved aggravating circumstances (say a vulnerable victim or a cruel act) or at the lower limit if mitigating circumstances existed (say the offender played a minor role in the crime). 21-5813(b), and amendments thereto, when such person being sentenced has a prior conviction for any nonperson felony shall be presumptive imprisonment. 2021 Supp. Time will tell what eventually happens with the Murdock decision. Below are the minimum and maximum penalties authorized by severity level and offense type. <> Adjourned until Monday, January 9, 2023 at 2:00 p.m. 2021 Supp. 21-5913(a)(2), and amendments thereto, shall be presumptive imprisonment. endobj (3) In presumptive nonprison cases, the sentencing court shall pronounce the: (B) duration of the nonprison sanction at the sentencing hearing. In the usual case it is recommended that the sentencing judge select the center of the range and reserve the upper and lower limits for aggravating and mitigating factors insufficient to warrant a departure. 2021 Supp. (y) (1) Except as provided in subsection (y)(3), if the trier of fact makes a finding beyond a reasonable doubt that an offender committed a nondrug felony offense, or any attempt or conspiracy, as defined in K.S.A. endobj (3) As used in this subsection, "ballistic resistant material" means: (A) Any commercially produced material designed with the purpose of providing ballistic and trauma protection, including, but not limited to, bulletproof vests and kevlar vests; and (B) any homemade or fabricated substance or item designed with the purpose of providing ballistic and trauma protection. 2021 Supp. If an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional nonprison sentence as provided in subsection (q). 2021 Supp. Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition. 21-6604 (2021).). If the offender's term of imprisonment expires, the offender shall be placed under the applicable period of postrelease supervision. <> by (r)The sentence for a violation of K.S.A. Head Rev No: 893494(E). 100, 22. 2021 Supp. 21-5413(c)(2), and amendments thereto, shall be presumptive imprisonment and shall be served consecutively to any other term or terms of imprisonment imposed. 21-5512, and amendments thereto, shall be presumptive imprisonment. 2012Senate Sub. The grids work like this: Based on the offense severity level (say level 2) and the offender's criminal history (say category D based on 1 prior person felony), you'll find the appropriate sentencing box (Box 2D). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The sentence under this subsection shall not be considered a departure and shall not be subject to appeal. 21-5807(a)(1), and amendments thereto, or any attempt or conspiracy, as defined in K.S.A. 2021 Supp. 21-5414(b)(3)*, 21-5823(b)(3) and (b)(4), 21-6412 and 21-6416, and amendments thereto, shall be as provided by the specific mandatory sentencing requirements of that section and shall not be subject to the provisions of this section or K.S.A. 2021 Supp. The grid also designates whether the judge should sentence the offender to prison or probationcalled the sentencing disposition. A severity level 5 Drug Crimecommitted after 07/01/2012 will need a waiting period ofthree years. 2021 Supp. In such case, the offender is required to serve a mandatory minimum term equal to the sentence established pursuant to the sentencing range.
Crimes and Punishments 21-6804. The judge can hand down a sentence within this range. Grid Felony Sanctions Flowchart Misdemeanor and Nongrid Felony Sanctions Flowchart SB123 Flow Chart . Fourteen jurisdictions with active guidelines systems utilize at least one sentencing grid, nine utilize multiple grids that apply to different offenses (for example, drug . Ludwick, Matt [OITS], Waiver of Right to Probation Violation Hearing, Clearance Sale on prior Desk Reference Manuals, FY 2023 Prison Population Projection Report, KSSC Receives Significant Grant to Develop Electronic Journal Entry Project, 2022 Forms Now Available! 2021 Supp. 21-6807, and amendments thereto. WON4,F!djlP30,*46Q@cYhP]&|uM:>dZ'*8 Such sentence shall not be considered a departure and shall not be subject to appeal.
(k) (1)If it is shown at sentencing that the offender committed any felony violation for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members, the offender's sentence shall be presumed imprisonment. (a) For the purpose of committing juvenile offenders to a juvenile correctional facility, the following placements shall be applied by the judge in felony or misdemeanor cases. endobj Such sentence shall not be considered a departure and shall not be subject to appeal. (q)As used in this section, an "optional nonprison sentence" is a sentence which the court may impose, in lieu of the presumptive sentence, upon making the following findings on the record: (1)An appropriate treatment program exists which is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and, (2)the recommended treatment program is available and the offender can be admitted to such program within a reasonable period of time; or. 21-5807(a), and amendments thereto, when such person being sentenced has no prior convictions for a violation of K.S.A. (ii)The provisions of subsection (y)(1)(B)(i) requiring the court to impose a mandatory minimum term of imprisonment of 25 years shall not apply if the court finds the offender, because of the offender's criminal history classification, is subject to presumptive imprisonment and the sentencing range exceeds 300 months. In Kansas, once the judge hands down the sentence, offenders know the minimum and maximum amount of prison time they face. 2012 Supp. (3)The provisions of this subsection shall not apply to an offense described in subsection (y)(1) if the factual aspect concerning a law enforcement officer is a statutory element of such offense. He had never been in trouble with the law before. 21-5301 and 21-5302, and amendments thereto, to commit such offense, when such person being sentenced has a prior conviction for a violation of K.S.A. All rights reserved. The chart shows how soon a criminal record may be expunged. Trish Beck, Jun 29, 2022, 15:31 PM Kansas prison capacity is over 9,000 inmates. 21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 2021 Supp. %PDF-1.7 Article 68. <> 2021 Supp. 30, 77, L. 2011, ch. (c)The sentencing guidelines grid is a two-dimensional crime severity and criminal history classification tool. 21-3715(a) or (b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 2021 Supp. 13 0 obj Kansas uses a sentencing grid for felony offenses. (C) period of postrelease supervision at the sentencing hearing. (s) The sentence for a violation of K.S.A. 2021 Supp. 38-2369. by 37, 1, and L. 2011, ch. 76, 2; L. 2015, ch. 21-5801, and amendments thereto, or burglary as defined in K.S.A. To illustrate this point, you must see the following Kansas Sentencing Guidelines Grids. 2.5 to 10.5 years), Severity level 6: 17 to 46 months (approx. (a) The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes. 21-5301 and 21-5302, and amendments thereto, to commit such offense, when such person being sentenced has a prior conviction for a violation of K.S.A. Failure to pronounce the period of postrelease supervision shall not negate the existence of such period of postrelease supervision. "prison"). (Kan. Stat. For a non-grid felony committed after 07/01/1993, based on current non-drug grid with a severity level of 1 through 5. . * Reference should be to 21-5414(c)(1)(C). 96, 11; L. 2016, ch. 2021 Supp. In addition, such offender shall not be eligible for parole prior to serving 25 years' imprisonment, and such 25 years' imprisonment shall not be reduced by the application of good time credits. 9 0 obj 2012 Supp. 2021 Supp. Off-Grid . 21-3415, prior to its repeal, aggravated battery against a law enforcement officer committed prior to July 1, 2006, or a violation of K.S.A. Do Not Sell or Share My Personal Information, Severity level 1: 147 to 653 months (approx. 21-6801 et seq. Criminal Sodomy. f/K@|YWU.FWp An attorney will explain how your case is likely to fare in court and defend your rights. 21-5807(a), and amendments thereto; or the sentence for a felony violation of theft of property as defined in K.S.A. (3) Except as provided in subsection (j)(2)(B), the provisions of this subsection shall not apply to any person whose current convicted crime is a severity level 1 or 2 felony. 712 S. Kansas Ave., Suite 200, Topeka KS 66603 4 to 7 years), Severity level 4: 14 to 51 months (approx. 2021 Supp. 21-5807, and amendments thereto, shall be the sentence as provided by this section, except that the court may order an optional nonprison sentence for a defendant to participate in a drug treatment program, including, but not limited to, an approved after-care plan, if the court makes the following findings on the record: (1) Substance abuse was an underlying factor in the commission of the crime; (2) substance abuse treatment in the community is likely to be more effective than a prison term in reducing the risk of offender recidivism; and. endobj Although there is some legal guidance available, these are mainly decided on a case by case basis. No: Sex: Male Female Race: W B A.I. Sign up for our free summaries and get the latest delivered directly to you. $.' 2021 Supp. 21-6609, and amendments thereto. - REVISED SENTENCING GUIDELINES. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. (Kan. Stat. to K.S.A. endstream Upon the successful completion of such intensive treatment program, the offender shall be returned to the court and the court may modify the sentence by directing that a less severe penalty be imposed in lieu of that originally adjudged within statutory limits. 172, 30; L. 2013, ch. 21-5807, and amendments thereto; or the sentence for a felony violation of burglary as defined in K.S.A. 2021 Supp. for Sub. (Kan. Stat.
2021 Supp. In general, the potential punishment an offender faces can be determined by reference to sentencing grids. (p)The sentence for a felony violation of theft of property as defined in K.S.A. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 2021 Supp. (a) The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes. 21-36a01 through 21-36a17, prior to their transfer, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009; and, (C)its members have a common name or common identifying sign or symbol; and. The court may impose an optional nonprison sentence as provided in subsection (q). (2)If because of the offender's criminal history classification the offender is subject to presumptive imprisonment or if the judge departs from a presumptive probation sentence and the offender is subject to imprisonment, the provisions of this section and K.S.A. (o)The sentence for a felony violation of theft of property as defined in K.S.A. 21-5813(b), and amendments thereto, when such person being sentenced has a prior conviction for any nonperson felony shall be presumptive imprisonment. 76, 2; L. 2015, ch. 2021 Supp. The determination of a felony sentence is based on two factors: the current crime of conviction and the offender's prior criminal history. 21-6107, and amendments thereto, or any attempt or conspiracy to commit such offense, shall be presumptive imprisonment.
21-3701, 21-3715 or 21-3716, prior to their repeal, or theft of property as defined in K.S.A. 8-2,144 and 8-1567 and K.S.A. 5 0 obj <>/Metadata 5044 0 R/ViewerPreferences 5045 0 R>>
Any decision made by the court regarding the imposition of an optional nonprison sentence shall not be considered a departure and shall not be subject to appeal. 2021 Supp. Kansas does not use a parole system, which requires the offender to apply to a board for release from prison. 2021 Such sentence shall not be considered a departure and shall not be subject to appeal.