Read the full stored bill text
Session of 2026
HOUSE BILL No. 2612
By Committee on Judiciary
Requested by Steve Kearney on behalf of the Kansas Association of Court Services
Officers and the Kansas County & District Attorneys Association
2-2
AN ACT concerning crimes, punishment and criminal procedure; relating
to sentencing; providing that the supervision term in certain multiple
conviction cases will be based on the longest supervision term imposed
for any of the crimes; amending K.S.A. 21-6819 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-6819 is hereby amended to read as follows: 21-
6819. (a) The provisions of subsections (a), (b), (c), (d), (e) and (h) of
K.S.A. 21-6606 (a), (b), (c), (d), (e) and (h), and amendments thereto,
regarding multiple sentences shall apply to the sentencing of offenders
pursuant to the sentencing guidelines. The mandatory consecutive sentence
requirements contained in subsections (c), (d) and (e) of K.S.A. 21-
6606(c), (d) and (e) , and amendments thereto, shall not apply if such
application would result in a manifest injustice.
(b) The sentencing judge shall otherwise have discretion to impose
concurrent or consecutive sentences in multiple conviction cases. The
sentencing judge may consider the need to impose an overall sentence that
is proportionate to the harm and culpability and shall state on the record if
the sentence is to be served concurrently or consecutively. In cases where
consecutive sentences may be imposed by the sentencing judge, the
following shall apply:
(1) When the sentencing judge imposes multiple sentences
consecutively, the consecutive sentences shall consist of an imprisonment
term which may not exceed the sum of the consecutive imprisonment
terms, and a supervision term. The sentencing judge shall have the
discretion to impose a consecutive term of imprisonment for a crime other
than the primary crime of any term of months not to exceed the nonbase
sentence as determined under subsection (b)(5). The postrelease
supervision term will be based on the longest supervision term imposed for
any of the crimes.
(2) The sentencing judge shall establish a base sentence for the
primary crime. The primary crime is the crime with the highest crime
severity ranking. An off-grid crime shall not be used as the primary 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
HB 2612 2
in determining the base sentence when imposing multiple sentences. If
sentences for off-grid and on-grid convictions are ordered to run
consecutively, the offender shall not begin to serve the on-grid sentence
until paroled from the off-grid sentence, and the postrelease supervision
term will be based on the off-grid crime. If more than one crime of
conviction is classified in the same crime category, the sentencing judge
shall designate which crime will serve as the primary crime. In the
instance of sentencing with both the drug grid and the nondrug grid and
simultaneously having a presumption of imprisonment and probation, the
sentencing judge shall use the crime which presumes imprisonment as the
primary crime. In the instance of sentencing with both the drug grid and
the nondrug grid and simultaneously having a presumption of either both
probation or both imprisonment, the sentencing judge shall use the crime
with the longest sentence term as the primary crime.
(3) The base sentence is set using the total criminal history score
assigned.
(4) The total prison sentence imposed in a case involving multiple
convictions arising from multiple counts within an information, complaint
or indictment cannot exceed twice the base sentence. This limit shall apply
only to the total sentence, and it shall not be necessary to reduce the
duration of any of the nonbase sentences imposed to be served
consecutively to the base sentence. The postrelease supervision term will
reflect only the longest such term assigned to any of the crimes for which
consecutive sentences are imposed. Supervision periods shall not be
aggregated.
(5) Nonbase sentences shall not have criminal history scores applied,
as calculated in the criminal history I column of the grid, but base
sentences shall have the full criminal history score assigned. In the event a
conviction designated as the primary crime in a multiple conviction case is
reversed on appeal, the appellate court shall remand the multiple
conviction case for resentencing. Upon resentencing, if the case remains a
multiple conviction case the court shall follow all of the provisions of this
section concerning the sentencing of multiple conviction cases.
(6) If the sentence for the primary crime is a prison term, the entire
imprisonment term of the consecutive sentences will be served in prison.
(7) If the sentence for the consecutive sentences is a prison term, the
postrelease supervision term is a term of postrelease supervision as
established for the primary crime.
(8) If the sentence for the primary crime is a nonprison sentence, a
nonprison term will be imposed for each crime conviction, but the
nonprison terms shall not be aggregated or served consecutively even
though the underlying prison sentences have been ordered to be served
consecutively. The supervision term will be based on the longest
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 2612 3
supervision term imposed for any of the crimes and the supervision
durations set forth in K.S.A. 21-6608(c)(1), (c)(2), (c)(3) and (c)(4) shall
not apply. Such an increase shall not be considered a departure and shall
not be subject to appeal. Upon revocation of the nonprison sentence
sentences, the offender shall serve the prison sentences consecutively as
provided in this section.
(c) The following shall apply for a departure from the presumptive
sentence based on aggravating factors within the context of consecutive
sentences:
(1) The court may depart from the presumptive limits for consecutive
sentences only if the judge finds substantial and compelling reasons to
impose a departure sentence for any of the individual crimes being
sentenced consecutively.
(2) When a departure sentence is imposed for any of the individual
crimes sentenced consecutively, the imprisonment term of that departure
sentence shall not exceed twice the maximum presumptive imprisonment
term that may be imposed for that crime.
(3) The total imprisonment term of the consecutive sentences,
including the imprisonment term for the departure crime, shall not exceed
twice the maximum presumptive imprisonment term of the departure
sentence following aggravation.
Sec. 2. K.S.A. 21-6819 is hereby repealed.
Sec. 3. 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