Read the full stored bill text
As Amended by Senate Committee
As Amended by House Committee
Session of 2026
HOUSE BILL No. 2527
By Committee on Corrections and Juvenile Justice
Requested by Representative Steele
1-23
AN ACT concerning crimes, punishment and criminal procedure sex
offenders; making it unlawful for certain adult sex offenders to enter
onto certain school property or attend certain school activities and
creating criminal penalties for violation thereof; relating to work
release programs and educational release programs release from
confinement; prohibiting courts from assigning a defendant to work
release if the defendant has any prior conviction or adjudication of a
crime that requires registration as a sex offender is required to register
as a sex offender for certain crimes; prohibiting the secretary of
corrections from granting an inmate leave from confinement for such
programs except for specified purposes if the inmate has any prior
conviction or adjudication of a crime that requires is required to
register as a sex offender for certain crimes or is serving a sentence
for certain crimes that require registration as a sex offender;
amending K.S.A. 22-4901, 22-4902 and 75-5267 and K.S.A. 2025
Supp. 21-6604 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) Except as provided in paragraph (2), i t shall
be unlawful for any sex offender who is 18 years of age or older and
whose underlying crime for which the offender is required to register
under the Kansas offender registration act was a crime against a victim
who was less than 18 years of age to enter onto school property or attend
a school activity.
(2) The provisions of this subsection shall not apply to a person
who enters onto school property for the sole purpose of attending a
religious service when such school property is being used for a religious
service and the person leaves such school property immediately after
such religious service.
(b) Violation of this section is:
(1) Upon a first conviction, a severity level 7, person felony;
(2) upon a second conviction, a severity level 5, person felony; and
(3) upon a third or subsequent conviction, a severity level 3, person
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
HB 2527—Am. by SC 2
felony.
(c) This section shall be a part of and supplemental to the Kansas
offender registration act.
Section 1. Sec. 2. K.S.A. 2025 Supp. 21-6604 is hereby amended to
read as follows: 21-6604. (a) Whenever any person has been found guilty
of a crime, the court may adjudge any of the following:
(1) Commit the defendant to the custody of the secretary of
corrections if the current crime of conviction is a felony and the sentence
presumes imprisonment, or the sentence imposed is a dispositional
departure to imprisonment; or, if confinement is for a misdemeanor, to jail
for the term provided by law;
(2) impose the fine applicable to the offense and may impose the
provisions of subsection (q);
(3) release the defendant on probation if the current crime of
conviction and criminal history fall within a presumptive nonprison
category or through a departure for substantial and compelling reasons
subject to such conditions as the court may deem appropriate. In felony
cases, the court may include confinement in a county jail not to exceed 60
days, which need not be served consecutively, as a condition of an original
probation sentence;
(4) assign the defendant to a community correctional services
program as provided in K.S.A. 75-5291, and amendments thereto, or
through a departure for substantial and compelling reasons subject to such
conditions as the court may deem appropriate, including orders requiring
full or partial restitution;
(5) assign the defendant to a conservation camp for a period not to
exceed six months as a condition of probation followed by a six-month
period of follow-up through adult intensive supervision by a community
correctional services program, if the offender successfully completes the
conservation camp program;
(6) assign the defendant to a house arrest program pursuant to K.S.A.
21-6609, and amendments thereto;
(7) order the defendant to attend and satisfactorily complete an
alcohol or drug education or training program as provided by K.S.A. 21-
6602(c), and amendments thereto;
(8) order the defendant to repay the amount of any reward paid by
any crime stoppers chapter, individual, corporation or public entity that
materially aided in the apprehension or conviction of the defendant; repay
the amount of any costs and expenses incurred by any law enforcement
agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape from custody or aggravated
escape from custody, as defined in K.S.A. 21-5911, and amendments
thereto; repay expenses incurred by a fire district, fire department or fire
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 3
company responding to a fire that has been determined to be arson or
aggravated arson as defined in K.S.A. 21-5812, and amendments thereto,
if the defendant is convicted of such crime; repay the amount of any public
funds utilized by a law enforcement agency to purchase controlled
substances from the defendant during the investigation that leads to the
defendant's conviction; or repay the amount of any medical costs and
expenses incurred by any law enforcement agency or county. Such
repayment of the amount of any such costs and expenses incurred by a
county, law enforcement agency, fire district, fire department or fire
company or any public funds utilized by a law enforcement agency shall
be deposited and credited to the same fund from which the public funds
were credited to prior to use by the county, law enforcement agency, fire
district, fire department or fire company;
(9) order the defendant to pay the administrative fee authorized by
K.S.A. 22-4529, and amendments thereto, unless waived by the court;
(10) order the defendant to pay a domestic violence special program
fee authorized by K.S.A. 20-369, and amendments thereto;
(11) except as provided further, if the defendant is convicted of a
misdemeanor or convicted of a felony specified in K.S.A. 21-6804(i), and
amendments thereto, assign the defendant to a work release program, other
than a program at a correctional institution under the control of the
secretary of corrections as defined in K.S.A. 75-5202, and amendments
thereto, provided such work release program requires such defendant to
return to confinement at the end of each day in the work release program.
Such defendant shall not be assigned to a work release program and shall
not serve any portion of a sentence of imprisonment in a work release
program if the current crime of conviction requires registration such
defendant is currently required to register as a sex offender under the
Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments
thereto, or such defendant has any prior conviction or adjudication of a
crime that requires registration as a sex offender and the underlying
crime for which the offender is required to register was a crime
committed when the offender was 18 years of age or older against a
victim who was less than 16 years of age . On a second or subsequent
conviction of K.S.A. 8-1567, and amendments thereto, an offender placed
into a work release program shall serve the total number of hours of
confinement mandated by that section;
(12) order the defendant to pay the full amount of unpaid costs
associated with the conditions of release of the appearance bond under
K.S.A. 22-2802, and amendments thereto;
(13) order the defendant to participate in a specialty court program
pursuant to K.S.A. 20-173, and amendments thereto;
(14) impose any appropriate combination of paragraphs (1) through
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 4
(13); or
(15) suspend imposition of sentence in misdemeanor cases.
(b) (1) In addition to or in lieu of any of the above, the court shall
order the defendant to pay restitution, which shall include, but not be
limited to, damage or loss caused by the defendant's crime.
(2) (A) For a violation of K.S.A. 21-6107, and amendments thereto,
such damage or loss shall include, but not be limited to, attorney fees and
costs incurred to repair the credit history or rating of the person whose
personal identification documents were obtained and used in violation of
such section, and to satisfy a debt, lien or other obligation incurred by the
person whose personal identification documents were obtained and used in
violation of such section.
(B) For a violation of K.S.A. 21-5801, 21-5807, 21-5813 or 21-5818,
and amendments thereto, such damage or loss shall include the cost of
repair or replacement of the property that was damaged, the reasonable
cost of any loss of production, crops and livestock, reasonable labor costs
of any kind, reasonable material costs of any kind and any reasonable costs
that are attributed to equipment that is used to abate or repair the damage
to the property.
(C) For a violation of K.S.A. 21-6416, and amendments thereto, such
damage or loss shall include the cost for veterinary medical treatment,
reasonable funeral and burial expenses and replacement of the police dog,
arson dog, assistance dog, game warden dog, search and rescue dog or
police horse. Replacement costs shall include, but not be limited to,
training costs, personnel expenses and costs associated with boarding the
animal during training.
(3) If the court orders restitution, the restitution shall be a judgment
against the defendant that may be collected by the court by garnishment as
provided in article 7 of chapter 60 of the Kansas Statutes Annotated, and
amendments thereto, or other execution. If, after 60 days from the date
restitution is ordered by the court, a defendant is found to be in
noncompliance with the restitution order, the court shall assign an agent
procured by the judicial administrator pursuant to K.S.A. 20-169, and
amendments thereto, to collect the restitution on behalf of the victim. The
chief judge of each judicial district may assign such cases to an
appropriate division of the court for the conduct of collection proceedings.
(4) Restitution shall be due immediately unless:
(A) The court orders that the defendant be given a specified time to
pay or be allowed to pay in specified installments; or
(B) the court finds compelling circumstances that would render
restitution unworkable, either in whole or in part.
(5) If the court finds restitution unworkable, either in whole or in
part, the court shall state on the record in detail the reasons therefor.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 5
(6) If a restitution order entered prior to June 11, 2020, does not give
the defendant a specified time to pay or set payment in specified
installments, the defendant may file a motion with the court prior to
December 31, 2020, proposing payment of restitution in specified
installments. The court may recall the restitution order from the agent
assigned pursuant to K.S.A. 20-169, and amendments thereto, until the
court rules on such motion. If the court does not order payment in
specified installments or if the defendant does not file a motion prior to
December 31, 2020, the restitution shall be due immediately.
(c) In addition to or in lieu of any of the above, the court shall order
the defendant to submit to and complete an alcohol and drug evaluation,
and pay a fee therefor, when required by K.S.A. 21-6602(d), and
amendments thereto.
(d) In addition to any of the above, the court shall order the defendant
to reimburse the county general fund for all or a part of the expenditures
by the county to provide counsel and other defense services to the
defendant. Any such reimbursement to the county shall be paid only after
any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment of such sum will impose. A defendant who has been required to
pay such sum and who is not willfully in default in the payment thereof
may at any time petition the court that sentenced the defendant to waive
payment of such sum or any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose
manifest hardship on the defendant or the defendant's immediate family,
the court may waive payment of all or part of the amount due or modify
the method of payment.
(e) In releasing a defendant on probation, the court shall direct that
the defendant be under the supervision of a court services officer. If the
court commits the defendant to the custody of the secretary of corrections
or to jail, the court may specify in its order the amount of restitution to be
paid and the person to whom it shall be paid if restitution is later ordered
as a condition of parole, conditional release or postrelease supervision.
(f) (1) When a new felony is committed while the offender is
incarcerated and serving a sentence for a felony, or while the offender is on
probation, assignment to a community correctional services program,
parole, conditional release or postrelease supervision for a felony, a new
sentence shall be imposed consecutively pursuant to the provisions of
K.S.A. 21-6606, and amendments thereto, and the court may sentence the
offender to imprisonment for the new conviction, even when the new
crime of conviction otherwise presumes a nonprison sentence. In this
event, imposition of a prison sentence for the new crime does not
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 6
constitute a departure.
(2) When a new felony is committed during a period of time when the
offender would have been on probation, assignment to a community
correctional services program, parole, conditional release or postrelease
supervision for a felony had the offender not been granted release by the
court pursuant to K.S.A. 21-6608(d), and amendments thereto, or the
prisoner review board pursuant to K.S.A. 22-3717, and amendments
thereto, the court may sentence the offender to imprisonment for the new
conviction, even when the new crime of conviction otherwise presumes a
nonprison sentence. In this event, imposition of a prison sentence for the
new crime does not constitute a departure.
(3) When a new felony is committed while the offender is
incarcerated in a juvenile correctional facility pursuant to K.S.A. 38-1671,
prior to its repeal, or K.S.A. 38-2373, and amendments thereto, for an
offense, which if committed by an adult would constitute the commission
of a felony, upon conviction, the court shall sentence the offender to
imprisonment for the new conviction, even when the new crime of
conviction otherwise presumes a nonprison sentence. In this event,
imposition of a prison sentence for the new crime does not constitute a
departure. The conviction shall operate as a full and complete discharge
from any obligations, except for an order of restitution, imposed on the
offender arising from the offense for which the offender was committed to
a juvenile correctional facility.
(4) When a new felony is committed while the offender is on release
for a felony pursuant to the provisions of article 28 of chapter 22 of the
Kansas Statutes Annotated, and amendments thereto, or similar provisions
of the laws of another jurisdiction, a new sentence may be imposed
consecutively pursuant to the provisions of K.S.A. 21-6606, and
amendments thereto, and the court may sentence the offender to
imprisonment for the new conviction, even when the new crime of
conviction otherwise presumes a nonprison sentence. In this event,
imposition of a prison sentence for the new crime does not constitute a
departure.
(g) Prior to imposing a dispositional departure for a defendant whose
offense is classified in the presumptive nonprison grid block of either
sentencing guideline grid, prior to sentencing a defendant to incarceration
whose offense is classified in grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes, in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I
of the sentencing guidelines grid for drug crimes committed prior to July
1, 2012, or in grid blocks 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing
guidelines grid for drug crimes committed on or after July 1, 2012, prior to
sentencing a defendant to incarceration whose offense is classified in grid
blocks 4-E or 4-F of the sentencing guidelines grid for drug crimes
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 7
committed prior to July 1, 2012, or in grid blocks 5-C, 5-D, 5-E or 5-F of
the sentencing guidelines grid for drug crimes committed on or after July
1, 2012, and whose offense does not meet the requirements of K.S.A. 21-
6824, and amendments thereto, prior to revocation of a nonprison sanction
of a defendant whose offense is classified in grid blocks 4-E or 4-F of the
sentencing guidelines grid for drug crimes committed prior to July 1, 2012,
or in grid blocks 5-C, 5-D, 5-E or 5-F of the sentencing guidelines grid for
drug crimes committed on or after July 1, 2012, and whose offense does
not meet the requirements of K.S.A. 21-6824, and amendments thereto, or
prior to revocation of a nonprison sanction of a defendant whose offense is
classified in the presumptive nonprison grid block of either sentencing
guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing guidelines
grid for nondrug crimes, in grid blocks 3-E, 3-F, 3-G, 3-H or 3-I of the
sentencing guidelines grid for drug crimes committed prior to July 1, 2012,
or in grid blocks 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing guidelines grid
for drug crimes committed on or after July 1, 2012, the court shall consider
placement of the defendant in the Labette correctional conservation camp,
conservation camps established by the secretary of corrections pursuant to
K.S.A. 75-52,127, and amendments thereto, or a community intermediate
sanction center. Pursuant to this subsection the defendant shall not be
sentenced to imprisonment if space is available in a conservation camp or
community intermediate sanction center and the defendant meets all of the
conservation camp's or community intermediate sanction center's
placement criteria unless the court states on the record the reasons for not
placing the defendant in a conservation camp or community intermediate
sanction center.
(h) In committing a defendant to the custody of the secretary of
corrections, the court shall fix a term of confinement within the limits
provided by law. In those cases where the law does not fix a term of
confinement for the crime for which the defendant was convicted, the
court shall fix the term of such confinement.
(i) In addition to any of the above, the court shall order the defendant
to reimburse the state general fund for all or part of the expenditures by the
state board of indigents' defense services to provide counsel and other
defense services to the defendant. In determining the amount and method
of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of
such sum will impose. A defendant who has been required to pay such sum
and who is not willfully in default in the payment thereof may at any time
petition the court that sentenced the defendant to waive payment of such
sum or any unpaid portion thereof. If it appears to the satisfaction of the
court that payment of the amount due will impose manifest hardship on the
defendant or the defendant's immediate family, the court may waive
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 8
payment of all or part of the amount due or modify the method of
payment. The amount of attorney fees to be included in the court order for
reimbursement shall be the amount claimed by appointed counsel on the
payment voucher for indigents' defense services or the amount prescribed
by the board of indigents' defense services reimbursement tables as
provided in K.S.A. 22-4522, and amendments thereto, whichever is less.
(j) This section shall not deprive the court of any authority conferred
by any other Kansas statute to decree a forfeiture of property, suspend or
cancel a license, remove a person from office or impose any other civil
penalty as a result of conviction of crime.
(k) An application for or acceptance of probation or assignment to a
community correctional services program shall not constitute an
acquiescence in the judgment for purpose of appeal, and any convicted
person may appeal from such conviction, as provided by law, without
regard to whether such person has applied for probation, suspended
sentence or assignment to a community correctional services program.
(l) (1) The secretary of corrections is authorized to make direct
placement to the Labette correctional conservation camp or a conservation
camp established by the secretary pursuant to K.S.A. 75-52,127, and
amendments thereto, of an inmate sentenced to the secretary's custody if
the inmate:
(A) Has been sentenced to the secretary for a probation revocation, as
a departure from the presumptive nonimprisonment grid block of either
sentencing grid, for an offense that is classified in grid blocks 5-H, 5-I or
6-G of the sentencing guidelines grid for nondrug crimes, in grid blocks 3-
E, 3-F, 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes
committed prior to July 1, 2012, in grid blocks 4-E, 4-F, 4-G, 4-H or 4-I of
the sentencing guidelines grid for drug crimes committed on or after July
1, 2012, or for an offense that is classified in grid blocks 4-E or 4-F of the
sentencing guidelines grid for drug crimes committed prior to July 1, 2012,
or in grid blocks 5-C, 5-D, 5-E or 5-F of the sentencing guidelines grid for
drug crimes committed on or after July 1, 2012, and such offense does not
meet the requirements of K.S.A. 21-6824, and amendments thereto; and
(B) otherwise meets admission criteria of the camp.
(2) If the inmate successfully completes a conservation camp
program, the secretary of corrections shall report such completion to the
sentencing court and the county or district attorney. The inmate shall then
be assigned by the court to six months of follow-up supervision conducted
by the appropriate community corrections services program. The court
may also order that supervision continue thereafter for the length of time
authorized by K.S.A. 21-6608, and amendments thereto.
(m) When it is provided by law that a person shall be sentenced
pursuant to K.S.A. 1993 Supp. 21-4628, prior to its repeal, the provisions
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 9
of this section shall not apply.
(n) (1) Except as provided by K.S.A. 21-6630 and 21-6805(f), and
amendments thereto, in addition to any of the above, for felony violations
of K.S.A. 21-5706, and amendments thereto, the court shall require the
defendant who meets the requirements established in K.S.A. 21-6824, and
amendments thereto, to participate in a certified drug abuse treatment
program, as provided in K.S.A. 75-52,144, and amendments thereto,
including, but not limited to, an approved after-care plan. The amount of
time spent participating in such program shall not be credited as service on
the underlying prison sentence.
(2) If the defendant fails to participate in or has a pattern of
intentional conduct that demonstrates the defendant's refusal to comply
with or participate in the treatment program, as established by judicial
finding, the defendant shall be subject to sanction or revocation pursuant
to the provisions of K.S.A. 22-3716, and amendments thereto. If the
defendant's probation is revoked, the defendant shall serve the underlying
prison sentence as established in K.S.A. 21-6805, and amendments
thereto.
(A) Except as provided in subsection (n)(2)(B), for those offenders
who are convicted on or after July 1, 2003, but prior to July 1, 2013, upon
completion of the underlying prison sentence, the offender shall not be
subject to a period of postrelease supervision.
(B) Offenders whose crime of conviction was committed on or after
July 1, 2013, and whose probation is revoked pursuant to K.S.A. 22-
3716(c), and amendments thereto, or whose underlying prison term expires
while serving a sanction pursuant to K.S.A. 22-3716(c)(1), and
amendments thereto, shall serve a period of postrelease supervision upon
the completion of the underlying prison term.
(o) (1) Except as provided in paragraph (3), in addition to any other
penalty or disposition imposed by law, upon a conviction for unlawful
possession of a controlled substance or controlled substance analog in
violation of K.S.A. 21-5706, and amendments thereto, in which the trier of
fact makes a finding that the unlawful possession occurred while
transporting the controlled substance or controlled substance analog in any
vehicle upon a highway or street, the offender's driver's license or privilege
to operate a motor vehicle on the streets and highways of this state shall be
suspended for one year.
(2) Upon suspension of a license pursuant to this subsection, the court
shall require the person to surrender the license to the court, which shall
transmit the license to the division of motor vehicles of the department of
revenue, to be retained until the period of suspension expires. At that time,
the licensee may apply to the division for return of the license. If the
license has expired, the person may apply for a new license, which shall be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 10
issued promptly upon payment of the proper fee and satisfaction of other
conditions established by law for obtaining a license unless another
suspension or revocation of the person's privilege to operate a motor
vehicle is in effect.
(3) (A) In lieu of suspending the driver's license or privilege to
operate a motor vehicle on the highways of this state of any person as
provided in paragraph (1), the judge of the court in which such person was
convicted may enter an order that places conditions on such person's
privilege of operating a motor vehicle on the highways of this state, a
certified copy of which such person shall be required to carry any time
such person is operating a motor vehicle on the highways of this state. Any
such order shall prescribe the duration of the conditions imposed, which in
no event shall be for a period of more than one year.
(B) Upon entering an order restricting a person's license hereunder,
the judge shall require such person to surrender such person's driver's
license to the judge who shall cause it to be transmitted to the division of
vehicles, together with a copy of the order. Upon receipt thereof, the
division of vehicles shall issue without charge a driver's license, which
shall indicate on its face that conditions have been imposed on such
person's privilege of operating a motor vehicle and that a certified copy of
the order imposing such conditions is required to be carried by the person
for whom the license was issued any time such person is operating a motor
vehicle on the highways of this state. If the person convicted is a
nonresident, the judge shall cause a copy of the order to be transmitted to
the division and the division shall forward a copy of it to the motor vehicle
administrator of such person's state of residence. Such judge shall furnish
to any person whose driver's license has had conditions imposed on it
under this paragraph a copy of the order, which shall be recognized as a
valid Kansas driver's license until such time as the division shall issue the
restricted license provided for in this paragraph.
(C) Upon expiration of the period of time for which conditions are
imposed pursuant to this subsection, the licensee may apply to the division
for the return of the license previously surrendered by such licensee. In the
event such license has expired, such person may apply to the division for a
new license, which shall be issued immediately by the division upon
payment of the proper fee and satisfaction of the other conditions
established by law, unless such person's privilege to operate a motor
vehicle on the highways of this state has been suspended or revoked prior
thereto. If any person shall violate any of the conditions imposed under
this paragraph, such person's driver's license or privilege to operate a
motor vehicle on the highways of this state shall be revoked for a period of
not less than 60 days nor more than one year by the judge of the court in
which such person is convicted of violating such conditions.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 11
(4) As used in this subsection, "highway" and "street" mean the same
as defined in K.S.A. 8-1424 and 8-1473, and amendments thereto.
(p) In addition to any of the above, for any criminal offense that
includes the domestic violence designation pursuant to K.S.A. 22-4616,
and amendments thereto, the court shall require the defendant to: (1)
Undergo a domestic violence offender assessment conducted by a certified
batterer intervention program; and (2) follow all recommendations made
by such program, unless otherwise ordered by the court or the department
of corrections. The court may order a domestic violence offender
assessment and any other evaluation prior to sentencing if the assessment
or evaluation would assist the court in determining an appropriate
sentence. The entity completing the assessment or evaluation shall provide
the assessment or evaluation and recommendations to the court and the
court shall provide the domestic violence offender assessment to any entity
responsible for supervising such defendant. A defendant ordered to
undergo a domestic violence offender assessment shall be required to pay
for the assessment and, unless otherwise ordered by the court or the
department of corrections, for completion of all recommendations.
(q) In imposing a fine, the court may authorize the payment thereof in
installments. In lieu of payment of any fine imposed, the court may order
that the person perform community service specified by the court. The
person shall receive a credit on the fine imposed in an amount equal to $5
for each full hour spent by the person in the specified community service.
The community service ordered by the court shall be required to be
performed by the later of one year after the fine is imposed or one year
after release from imprisonment or jail, or by an earlier date specified by
the court. If by the required date the person performs an insufficient
amount of community service to reduce to zero the portion of the fine
required to be paid by the person, the remaining balance shall become due
on that date. If conditional reduction of any fine is rescinded by the court
for any reason, then pursuant to the court's order the person may be
ordered to perform community service by one year after the date of such
rescission or by an earlier date specified by the court. If by the required
date the person performs an insufficient amount of community service to
reduce to zero the portion of the fine required to be paid by the person, the
remaining balance of the fine shall become due on that date. All credits for
community service shall be subject to review and approval by the court.
(r) In addition to any other penalty or disposition imposed by law, for
any defendant sentenced to imprisonment pursuant to K.S.A. 21-4643,
prior to its repeal, or K.S.A. 21-6627, and amendments thereto, for crimes
committed on or after July 1, 2006, the court shall order that the defendant
be electronically monitored upon release from imprisonment for the
duration of the defendant's natural life and that the defendant shall
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 12
reimburse the state for all or part of the cost of such monitoring as
determined by the prisoner review board.
(s) Whenever the court has released the defendant on probation
pursuant to subsection (a)(3), the defendant's supervising court services
officer, with the concurrence of the chief court services officer, may
impose the violation sanctions as provided in K.S.A. 22-3716(c)(1)(B),
and amendments thereto, without further order of the court, unless the
defendant, after being apprised of the right to a revocation hearing before
the court pursuant to K.S.A. 22-3716(b), and amendments thereto, refuses
to waive such right.
(t) Whenever the court has assigned the defendant to a community
correctional services program pursuant to subsection (a)(4), the defendant's
community corrections officer, with the concurrence of the community
corrections director, may impose the violation sanctions as provided in
K.S.A. 22-3716(c)(1)(B), and amendments thereto, without further order
of the court unless the defendant, after being apprised of the right to a
revocation hearing before the court pursuant to K.S.A. 22-3716(b), and
amendments thereto, refuses to waive such right.
(u) In addition to any of the above, the court shall authorize an
additional 18 days of confinement in a county jail to be reserved for
sanctions as set forth in K.S.A. 22-3716(b)(3)(B), (b)(4) or (c)(1)(B), and
amendments thereto.
(v) The amendments made to this section by section 1 of chapter 9 of
the 2020 Session Laws of Kansas are procedural in nature and shall be
construed and applied retroactively.
Sec. 3. K.S.A. 22-4901 is hereby amended to read as follows: 22-
4901. K.S.A. 22-4901 through 22-4911 and 22-4913 Article 49 of chapter
22 of the Kansas Statutes Annotated , and amendments thereto, shall be
known and may be cited as the Kansas offender registration act.
Sec. 4. K.S.A. 22-4902 is hereby amended to read as follows: 22-
4902. As used in the Kansas offender registration act, unless the context
otherwise requires:
(a) "Offender" means:
(1) A sex offender;
(2) a violent offender;
(3) a drug offender;
(4) any person who has been required to register under out-of-state
law or is otherwise required to be registered; and
(5) any person required by court order to register for an offense not
otherwise required as provided in the Kansas offender registration act.
(b) "Sex offender" includes any person who:
(1) On or after April 14, 1994, is convicted of any sexually violent
crime;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 13
(2) on or after July 1, 2002, is adjudicated as a juvenile offender for
an act which, if committed by an adult, would constitute the commission
of a sexually violent crime, unless the court, on the record, finds that the
act involved non-forcible sexual conduct, the victim was at least 14 years
of age and the offender was not more than four years older than the
victim;
(3) has been determined to be a sexually violent predator;
(4) on or after July 1, 1997, is convicted of any of the following
crimes when one of the parties involved is less than 18 years of age:
(A) Adultery, as defined in K.S.A. 21-3507, prior to its repeal, or
K.S.A. 21-5511, and amendments thereto;
(B) criminal sodomy, as defined in K.S.A. 21-3505(a)(1), prior to its
repeal, or K.S.A. 21-5504(a)(1) or (a)(2), and amendments thereto;
(C) promoting prostitution, as defined in K.S.A. 21-3513, prior to its
repeal, or K.S.A. 21-6420, prior to its amendment by section 17 of
chapter 120 of the 2013 Session Laws of Kansas on July 1, 2013;
(D) patronizing a prostitute, as defined in K.S.A. 21-3515, prior to
its repeal, or K.S.A. 21-6421, prior to its amendment by section 18 of
chapter 120 of the 2013 Session Laws of Kansas on July 1, 2013; or
(E) lewd and lascivious behavior, as defined in K.S.A. 21-3508,
prior to its repeal, or K.S.A. 21-5513, and amendments thereto;
(5) is convicted of sexual battery, as defined in K.S.A. 21-3517,
prior to its repeal, or K.S.A. 21-5505(a), and amendments thereto;
(6) is convicted of sexual extortion, as defined in K.S.A. 21-5515,
and amendments thereto;
(7) is convicted of breach of privacy, as defined in K.S.A. 21-
6101(a)(6), (a)(7) or (a)(8), and amendments thereto;
(8) is convicted of an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
K.S.A. 21-5301, 21-5302, 21-5303, and amendments thereto, of an
offense defined in this subsection; or
(9) has been convicted of an offense that is comparable to any
crime defined in this subsection, or any out-of-state conviction for an
offense that under the laws of this state would be an offense defined in
this subsection.
(c) "Sexually violent crime" means:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503,
prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 14
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.
21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516,
prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(10) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(11) electronic solicitation, as defined in K.S.A. 21-3523, prior to its
repeal, and K.S.A. 21-5509, and amendments thereto;
(12) unlawful sexual relations, as defined in K.S.A. 21-3520, prior
to its repeal, or K.S.A. 21-5512, and amendments thereto;
(13) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if
committed in whole or in part for the purpose of the sexual gratification
of the defendant or another;
(14) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto;
(15) promoting the sale of sexual relations, as defined in K.S.A. 21-
6420, and amendments thereto;
(16) internet trading in child pornography or aggravated internet
trading in child pornography, as defined in K.S.A. 21-5514, and
amendments thereto;
(17) any conviction or adjudication for an offense that is
comparable to a sexually violent crime as defined in this subsection, or
any out-of-state conviction or adjudication for an offense that under the
laws of this state would be a sexually violent crime as defined in this
subsection;
(18) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302, 21-5303, and amendments thereto, of a sexually violent
crime, as defined in this subsection; or
(19) any act that has been determined beyond a reasonable doubt to
have been sexually motivated, unless the court, on the record, finds that
the act involved non-forcible sexual conduct, the victim was at least 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 15
years of age and the offender was not more than four years older than
the victim. As used in this paragraph, "sexually motivated" means that
one of the purposes for which the defendant committed the crime was
for the purpose of the defendant's sexual gratification.
(d) "Sexually violent predator" means any person who, on or after
July 1, 2001, is found to be a sexually violent predator pursuant to
K.S.A. 59-29a01 et seq., and amendments thereto.
(e) "Violent offender" includes any person who:
(1) On or after July 1, 1997, is convicted of any of the following
crimes:
(A) Capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
or K.S.A. 21-5401, and amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-3401, prior
to its repeal, or K.S.A. 21-5402, and amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto;
(E) involuntary manslaughter, as defined in K.S.A. 21-3404, prior
to its repeal, or K.S.A. 21-5405(a)(1), (a)(2) or (a)(4), and amendments
thereto. The provisions of this paragraph shall not apply to violations of
K.S.A. 21-5405(a)(3), and amendments thereto, that occurred on or after
July 1, 2011, through July 1, 2013;
(F) kidnapping, as defined in K.S.A. 21-3420, prior to its repeal, or
K.S.A. 21-5408(a), and amendments thereto;
(G) aggravated kidnapping, as defined in K.S.A. 21-3421, prior to
its repeal, or K.S.A. 21-5408(b), and amendments thereto;
(H) criminal restraint, as defined in K.S.A. 21-3424, prior to its
repeal, or K.S.A. 21-5411, and amendments thereto, except by a parent,
and only when the victim is less than 18 years of age; or
(I) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, if not
committed in whole or in part for the purpose of the sexual gratification
of the defendant or another;
(2) on or after July 1, 2006, is convicted of any person felony and
the court makes a finding on the record that a deadly weapon was used
in the commission of such person felony;
(3) has been convicted of an offense that is comparable to any
crime defined in this subsection, any out-of-state conviction for an
offense that under the laws of this state would be an offense defined in
this subsection; or
(4) is convicted of an attempt, conspiracy or criminal solicitation, as
defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 16
K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of an
offense defined in this subsection.
(f) "Drug offender" includes any person who, on or after July 1,
2007:
(1) Is convicted of any of the following crimes:
(A) Unlawful manufacture or attempting such of any controlled
substance or controlled substance analog, as defined in K.S.A. 65-4159,
prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or
K.S.A. 21-5703, and amendments thereto;
(B) possession of ephedrine, pseudoephedrine, red phosphorus,
lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized
ammonia or phenylpropanolamine, or their salts, isomers or salts of
isomers with intent to use the product to manufacture a controlled
substance, as defined in K.S.A. 65-7006(a), prior to its repeal, K.S.A.
2010 Supp. 21-36a09(a), prior to its transfer, or K.S.A. 21-5709(a), and
amendments thereto;
(C) K.S.A. 65-4161, prior to its repeal, K.S.A. 2010 Supp. 21-
36a05(a)(1), prior to its transfer, or K.S.A. 21-5705(a)(1), and
amendments thereto. The provisions of this paragraph shall not apply to
violations of K.S.A. 2010 Supp. 21-36a05(a)(2) through (a)(6) or (b) that
occurred on or after July 1, 2009, through April 15, 2010;
(2) has been convicted of an offense that is comparable to any
crime defined in this subsection, any out-of-state conviction for an
offense that under the laws of this state would be an offense defined in
this subsection; or
(3) is or has been convicted of an attempt, conspiracy or criminal
solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to
their repeal, or K.S.A. 21-5301, 21-5302 and 21-5303, and amendments
thereto, of an offense defined in this subsection.
(g) Convictions or adjudications that result from or are connected
with the same act, or result from crimes committed at the same time,
shall be counted for the purpose of this section as one conviction or
adjudication. Any conviction or adjudication set aside pursuant to law is
not a conviction or adjudication for purposes of this section. A
conviction or adjudication from any out-of-state court shall constitute a
conviction or adjudication for purposes of this section.
(h) "School" means any public or private educational institution,
including, but not limited to, postsecondary school, college, university,
community college, secondary school, high school, junior high school,
middle school, elementary school, trade school, vocational school or
professional school providing training or education to an offender for
three or more consecutive days or parts of days, or for 10 or more
nonconsecutive days in a period of 30 consecutive days.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 17
(i) "Employment" means any full-time, part-time, transient, day-
labor employment or volunteer work, with or without compensation, for
three or more consecutive days or parts of days, or for 10 or more
nonconsecutive days in a period of 30 consecutive days.
(j) "Reside" means to stay, sleep or maintain with regularity or
temporarily one's person and property in a particular place other than a
location where the offender is incarcerated. It shall be presumed that an
offender resides at any and all locations where the offender stays, sleeps
or maintains the offender's person for three or more consecutive days or
parts of days, or for ten 10 or more nonconsecutive days in a period of
30 consecutive days.
(k) "Residence" means a particular and definable place where an
individual resides. Nothing in the Kansas offender registration act shall
be construed to state that an offender may only have one residence for
the purpose of such act.
(l) "Transient" means having no fixed or identifiable residence.
(m) "Law enforcement agency having initial jurisdiction" means
the registering law enforcement agency of the county or location of
jurisdiction where the offender expects to most often reside upon the
offender's discharge, parole or release.
(n) "Registering law enforcement agency" means the sheriff's
office or tribal police department responsible for registering an offender.
(o) "Registering entity" means any person, agency or other
governmental unit, correctional facility or registering law enforcement
agency responsible for obtaining the required information from, and
explaining the required registration procedures to, any person required
to register pursuant to the Kansas offender registration act. "Registering
entity" includes, but is not limited to, sheriff's offices, tribal police
departments and correctional facilities.
(p) "Treatment facility" means any public or private facility or
institution providing inpatient mental health, drug or alcohol treatment
or counseling, but does not include a hospital, as defined in K.S.A. 65-
425, and amendments thereto.
(q) "Correctional facility" means any public or private correctional
facility, juvenile detention facility, prison or jail.
(r) "Out-of-state" means: the District of Columbia; any federal,
military or tribal jurisdiction, including those within this state; any
foreign jurisdiction; or any state or territory within the United States,
other than this state.
(s) "Duration of registration" means the length of time during
which an offender is required to register for a specified offense or
violation.
(t) "School activity" means an activity sponsored by a unified school
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 18
district or a nonpublic school at which students in kindergarten or any of
the grades one through 12 or children under the age of eligibility to attend
kindergarten who attend a preschool program are the primary intended
participants or the primary intended audience, including, but not limited
to, school instructional time, after school care, after school tutoring,
athletic events, school dances and social events, field trips, school plays or
assemblies.
(u) "School property" means property upon which is located a
structure used by a unified school district or a nonpublic school for
instruction, attendance or extracurricular activities for students enrolled
in kindergarten or any of the grades one through 12 or for children under
the age of eligibility to attend kindergarten who attend a preschool
program.
(v) "Nonpublic school" means a private, nonprofit or parochial
school that offers regular instruction for students at least four days per
week during a school term and does not include a homeschool,
microschool, homeschool cooperative association or any nonaccredited
private school that has a total enrollment of nine students or fewer.
(w) (1) Notwithstanding any other provision of this section,
"offender" shall does not include any person who is:
(A) Convicted of unlawful transmission of a visual depiction of a
child, as defined in K.S.A. 21-5611(a), and amendments thereto,
aggravated unlawful transmission of a visual depiction of a child, as
defined in K.S.A. 21-5611(b), and amendments thereto, or unlawful
possession of a visual depiction of a child, as defined in K.S.A. 21-5610,
and amendments thereto;
(B) adjudicated as a juvenile offender for an act which, if
committed by an adult, would constitute the commission of a crime
defined in subsection (t)(1)(A) (w)(1)(A);
(C) adjudicated as a juvenile offender for an act which, if
committed by an adult, would constitute the commission of sexual
extortion as defined in K.S.A. 21-5515, and amendments thereto; or
(D) adjudicated as a juvenile offender for an act which, if
committed by an adult, would constitute a violation of K.S.A. 21-6101(a)
(6), (a)(7) or (a)(8), and amendments thereto.
(2) Notwithstanding any other provision of law, a court shall not
order any person to register under the Kansas offender registration act
for the offenses described in subsection (t)(1) (w)(1).
Sec. 2. 5. K.S.A. 75-5267 is hereby amended to read as follows: 75-
5267. (a) The secretary of corrections is hereby authorized to establish a
work release program under which inmates committed to the custody of
the secretary , except as provided in subsection (c), may be granted the
privilege of leaving actual confinement for the following purposes:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 19
(1) To travel to and from and visit at a specified place or places for a
period of not to exceed thirty (30) days for the following purposes:
(A) To visit a member of the inmate's immediate family who is in
danger of death;
(B) to attend the funeral services or other last rites of a member of the
inmate's immediate family;
(C) to obtain health services otherwise not available to the inmate at
an institution operated by the state;
(D) to interview prospective employers; or
(E) any other purpose consistent with the public interest.
(2) To work at paid employment or participate in a program of job
training if:
(A) The rates of pay, hours and other conditions of employment will
be substantially comparable to those afforded others in the community for
the performance of work of a similar nature;
(B) such paid employment or job training will not result in the
significant displacement of employed workers in the community.
(b) The secretary of corrections is hereby authorized to establish
educational release programs under which inmates committed to the
custody of the secretary , except as provided in subsection (c), may be
granted the privilege of leaving actual confinement for the purposes of
education or training.
(c) An inmate shall not be granted the privilege of leaving actual
confinement for the purposes described in subsection (a)(2) or (b) any
purpose, except for the purposes described in subsection (a)(1)(A), (B)
or (C) or as required by law, if such inmate is committed to the custody
of the secretary for a crime that requires registration as a sex offender
under the Kansas offender registration act, K.S.A. 22-4901 et seq., and
amendments thereto, or such inmate has any prior conviction or
adjudication of a crime that requires registration as a sex offender:
(1) Is committed to the custody of the secretary for an off-grid
felony or a nondrug severity level 1 through 5 felony that requires
registration as a sex offender under the Kansas offender registration
act, K.S.A. 22-4901 et seq., and amendments thereto;
(2) is committed to the custody of the secretary for a crime that
requires registration as a sex offender under the Kansas offender
registration act, K.S.A. 22-4901 et seq., and amendments thereto, and
the crime was committed when the offender was 18 years of age or
older against a victim who was less than 16 years of age; or
(3) at the time of being committed to the custody of the secretary
for any crime, is required to register as a sex offender under the
Kansas offender registration act, K.S.A. 22-4901 et seq., and
amendments thereto, and the underlying crime for which the inmate is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2527—Am. by SC 20
required to register was a crime committed when the offender was 18
years of age or older against a victim who was less than 16 years of
age.
(d) The placement of any inmate in a community pursuant to the
provisions of subsection (a) or subsection (b) shall be in accordance with
any applicable federal rules or regulations.
(d)(e) In areas where facilities, programs and services suitable for
these purposes are not available within the state correctional system when
needed, the secretary shall contract with the proper authorities of political
subdivisions of the state, with any agency of the state, with the federal
government, with available community corrections centers or facilities
funded by private sources, or with qualified private corporations or
organizations for quartering inmates with such privileges in suitable
confinement facilities and for programs and services for inmates in such
facilities.
(e)(f) Nothing in this act shall be construed to prevent inmates from
working for and the products of their labor being disposed of by any state
agency, local agency, federal government, or any other state or political
subdivision thereof. Merchandise made by prisoners when said
merchandise is for personal benefit of inmates, may be sold or exchanged
within the confines of the institution subject to rules and regulations of the
secretary.
Sec. 3. 6. K.S.A. 22-4901, 22-4902 and 75-5267 and K.S.A. 2025
Supp. 21-6604 are hereby repealed.
Sec. 4. 7. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26