Signed by Governor Laura Kelly

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that amends certain provisions related to criminal sentencing, consecutive sentences, and release conditions in Kansas.

Highlights:

• Requires days spent in custody related to more than one case to be credited only once against consecutive sentences (Sec. 1).

• Requires the sentence for a felony committed while in custody, on probation, correctional services assignment, suspended sentence, or parole for a prior nondrug felony to be presumptive imprisonment, sentenced consecutively with the prior nondrug felony case (Sec. 2).

• Prohibits a sentencing judge from imposing a downward dispositional departure sentence or a downward durational departure sentence for a felony committed while under the circumstances described above (Sec. 3).

• Requires an immigration status check prior to the pretrial release of an offender, and requires a magistrate to consider that factor in determining if a defendant is a flight risk (Sec. 4).

• Requires a court to set a secured appearance bond of at least the following amounts if an affidavit establishes probable cause that a felony offense was committed while an individual is on probation, parole, postrelease supervision, or bond for a prior felony offense (Sec. 5):

• $50,000 if the most serious charge is a severity level 7-10 felony or a drug severity level 4-5 felony;

• $100,000 if the most serious charge is a severity level 4-6 felony or a drug severity level 3 felony; 

• $250,000 if the most serious charge is a severity level 1-3 felony or a drug severity level 1-2 felony; or

• A lower amount determined by the court if the magistrate determines that the defendant is not a public safety or flight risk.

• Specifies that this Act takes effect after passage and publication (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends certain provisions related to criminal sentencing, consecutive sentences, and release conditions in Kansas.

Highlights:

• Requires days spent in custody related to more than one case to be credited only once against consecutive sentences (Sec. 1).

• Requires the sentence for a felony committed while in custody, on probation, correctional services assignment, suspended sentence, or parole for a prior nondrug felony to be presumptive imprisonment, sentenced consecutively with the prior nondrug felony case (Sec. 2).

• Prohibits a sentencing judge from imposing a downward dispositional departure sentence or a downward durational departure sentence for a felony committed while under the circumstances described above (Sec. 3).

• Requires an immigration status check prior to the pretrial release of an offender, and requires a magistrate to consider that factor in determining if a defendant is a flight risk (Sec. 4).

• Requires a court to set a secured appearance bond of at least the following amounts if an affidavit establishes probable cause that a felony offense was committed while an individual is on probation, parole, postrelease supervision, or bond for a prior felony offense (Sec. 5):

• $50,000 if the most serious charge is a severity level 7-10 felony or a drug severity level 4-5 felony;

• $100,000 if the most serious charge is a severity level 4-6 felony or a drug severity level 3 felony; 

• $250,000 if the most serious charge is a severity level 1-3 felony or a drug severity level 1-2 felony; or

• A lower amount determined by the court if the magistrate determines that the defendant is not a public safety or flight risk.

• Specifies that this Act takes effect after passage and publication (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that amends certain provisions related to criminal sentencing, consecutive sentences, and release conditions in Kansas.

Highlights:

• Requires days spent in custody related to more than one case to be credited only once against consecutive sentences (Sec. 1).

• Requires the sentence for a felony committed while in custody, on probation, correctional services assignment, suspended sentence, or parole for a prior nondrug felony to be presumptive imprisonment, sentenced consecutively with the prior nondrug felony case (Sec. 2).

• Prohibits a sentencing judge from imposing a downward dispositional departure sentence or a downward durational departure sentence for a felony committed while under the circumstances described above (Sec. 3).

• Requires an immigration status check prior to the pretrial release of an offender, and requires a magistrate to consider that factor in determining if a defendant is a flight risk (Sec. 4).

• Requires a court to set a secured appearance bond of at least the following amounts if an affidavit establishes probable cause that a felony offense was committed while an individual is on probation, parole, postrelease supervision, or bond for a prior felony offense (Sec. 5):

• $50,000 if the most serious charge is a severity level 7-10 felony or a drug severity level 4-5 felony;

• $100,000 if the most serious charge is a severity level 4-6 felony or a drug severity level 3 felony; 

• $250,000 if the most serious charge is a severity level 1-3 felony or a drug severity level 1-2 felony; or

• A lower amount determined by the court if the magistrate determines that the defendant is not a public safety or flight risk.

• Specifies that this Act takes effect after passage and publication (Sec. 6).

Full Bill Text