DCR 3.320 Implementation of S.B. 323
To implement K.S.A. 2000 Supp. 21-4611, referred to in this rule as S.B. 323, the following procedures will be utilized: 1. Court Services and Community Corrections staff are directed to review all persons under supervision for a crime in severity levels 8, 9 or 10 of the sentencing guidelines grid for non-drug crimes or a crime in severity levels 3 or 4 of the sentencing guidelines grid for drug crimes. Court Services will prepare a report for all probationers whose probation would expire before September 1, 2000 under the provisions of S.B. 323 by June 16, 2000. For any person whose probation period would terminate after September 1, 2000 and whose probation term is potentially shortened by the provisions of S.B. 323, a report shall be prepared at least 60 days before the date of potential discharge. The report shall state: Defendant's name; Case number; Sentencing judge; Name of CSO or ISP officer; Crimes of conviction and the period of probation originally imposed; Date of sentence and any extensions of probation; Whether there are misdemeanor counts for which the probation is under supervision and, if so, the length of probation imposed for the misdemeanor count and whether the counts run concurrently or consecutively; Whether there are other cases for which the Defendant is supervised and, if so, the crimes of conviction, the length of probation and whether the term is concurrent or consecutive to the case for which the report is being prepared; Date probation would expire if not altered by SB 323 and there were no additional extensions; Date probation could potentially expire under shortened term mandated by SB 323; Amount of restitution owed as of date of the report; Amount of court costs, fines, attorney fees, probation fees, lab fees, administrative fees or other costs and fees owed as of date of the report; A short summary of probation status, including progress on any treatment; programs and any special concerns regarding public safety or welfare of the probationer; and Whether the probationer has been convicted of nonsupport of a child. 2. The report shall be delivered or mailed to the sentencing judge, the district attorney's office, and the last attorney of record (unless an order to withdraw has been filed in which case the probationer will be given a copy of the report). 3. The sentencing court will review the report. (A). If the Judge finds that safety of the community will be jeopardized or that the welfare of the probationer will not be served by the release of the probationer from probation under the terms of SB 323, the Judge will issue an Order. The Order shall be filed, with copies being delivered to the Chief Judge, the district attorney, the supervising probation officer, the district attorney and the defense attorney or, if the defendant is unrepresented, the defendant. The probationer may seek modification of the order at any time. (B). If the Judge does not issue the Order, the Judge shall make a notation on the face of the Report that the Report has been reviewed. The Judge will date and sign the notation. A copy of the report with that notation will be delivered to the Chief Judge, the district attorney, the supervising probation officer and the defense attorney or, if the defendant is unrepresented, the defendant. Within thirty days of the Sentencing Judge dating the report, the district attorney or any interested party may file a motion to retain the current period of probation. The motion shall specify why safety of the public will be jeopardized, why the welfare of the probationer will not be served by the shortened length of probation, or other reason. (1). If a motion is filed, the matter shall be set for hearing by the sentencing judge before September 1, 2000, if the shortened period of probation expires before that date, or before the shortened period would expire if the date is after September 1, 2000. After a hearing, the district attorney shall prepare a journal entry. (2). If no motion is filed within 30 days of the report, the Chief Judge will enter an administrative order finding that under the legislative action adopted in SB 323, the probationer will be discharged from probation. (See attached form B). If no order is filed, probation will automatically terminate as of September 1, 2000 or the date of expiration of probation under the terms of SB 323, whichever is later.
Repealed: April 19, 2006