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Session of 2025
SENATE BILL No. 295
By Committee on Federal and State Affairs
3-11
AN ACT concerning marijuana; removing the criminal penalties for
possession of a personal-use quantity of marijuana; creating a
marijuana infraction; amending K.S.A. 21-5706 and 21-5709 and
K.S.A. 2024 Supp. 21-6607 and 22-3717 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) It shall be unlawful to knowingly possess a
personal-use quantity of marijuana or marijuana paraphernalia.
(b) (1) Any person who violates the provisions of subsection (a) shall
be guilty of a marijuana infraction punishable by:
(A) A fine of $25 and no court costs or, if requested, a requirement to
complete up to three hours of community service in lieu of such fine, if
such person is 18 years of age or older; and
(B) a requirement to complete up to five hours of community service
or a drug awareness program, or both, if such person is under 18 years of
age.
(2) Possession of a cannabidiol treatment preparation, as defined in
K.S.A. 2024 Supp. 65-6235, and amendments thereto, shall not be a
violation of this section.
(3) No person shall be subject to arrest for a marijuana infraction. If a
person under 18 years of age is issued a marijuana infraction, the person's
parents or legal guardian shall be notified of such infraction.
(c) (1) A municipality shall not enact or enforce any ordinance,
resolution or regulation relating to possessing a personal-use quantity of
marijuana or marijuana paraphernalia. Any ordinance, resolution or
regulation prohibited by this subsection that was adopted prior to July 1,
2025, shall be null and void.
(2) Nothing in this section shall prohibit a municipality from enacting
or enforcing any ordinance, resolution or regulation related to
consumption of marijuana in public places. Any such ordinance, resolution
or regulation shall not punish consumption of marijuana in public places
more harshly than consumption of alcohol in public places.
(d) A marijuana infraction shall not:
(1) Be considered as a drug offense as defined in 23 C.F.R § 1212;
(2) have any impact on a person's driving privileges;
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(3) constitute grounds for denying a person student financial aid,
public housing or any form of public financial assistance, including
unemployment benefits;
(4) be used to disqualify a person from being considered as an
adoptive parent or for licensure as a family foster home pursuant to rules
and regulations adopted by the secretary for children and families;
(5) be used as probable cause or reasonable suspicion and shall not be
used as a basis to support any stop or search of a person or motor vehicle;
or
(6) be considered as a violation of a condition of probation,
assignment to a community correctional services program, suspended
sentence, conditional release, parole or postrelease supervision.
(f) (1) No record of a marijuana infraction shall be recorded in the
Kansas criminal justice information system or any other criminal database.
Every law enforcement agency shall collect data on the number of
marijuana infractions issued pursuant to this section and report such data
annually to the attorney general on or before July 1 of each year. The
attorney general shall compile the reports received from law enforcement
agencies and provide an aggregated report to the legislature on or before
January 1 of each year.
(2) Records of marijuana infractions shall be confidential and shall
not be subject to the provisions of the Kansas open records act, K.S.A. 45-
215 et seq., and amendments thereto. The provisions of this paragraph
shall expire on July 1, 2030, unless the legislature reviews and reenacts
this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2030.
(g) (1) All moneys received from fines imposed under this section
shall be remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury. Of each such deposit, 50% shall be credited to the state general
fund, and the remaining 50% shall be credited to the drug awareness
program fund of the department for children and families.
(2) There is hereby established in the state treasury the drug
awareness program fund, which shall be administered by the secretary for
children and families. Expenditures from the fund shall be used for the
purpose of providing for the drug awareness program described in this
section. All expenditures from the drug awareness program fund shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
secretary for children and families or the secretary's designee.
(h) As used in this section:
(1) "Drug awareness program" means a program created by the
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department for children and families that provides between two and five
hours of instruction or group discussion about the use and abuse of
marijuana, alcohol and controlled substances and is provided at no cost;
(2) "marijuana" means the same as defined in K.S.A. 21-5701, and
amendments thereto, and includes tetrahydrocannabinols, as designated in
K.S.A. 65-4105(h), and amendments thereto;
(3) "marijuana paraphernalia" means paraphernalia used for the
ingestion, use, inhalation, preparation for personal use or storage of a
personal-use quantity of marijuana;
(4) "municipality" means the same as defined in K.S.A. 75-6102, and
amendments thereto; and
(5) "personal-use quantity" means one ounce or less of marijuana,
five grams or less of resin extracted or concentrates derived from
marijuana and 1,000 milligrams or less of tetrahydrocannabinols.
Sec. 2. K.S.A. 21-5706 is hereby amended to read as follows: 21-
5706. (a) It shall be unlawful for any person to possess any opiates, opium
or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)
(3) or (f)(1), and amendments thereto, or a controlled substance analog
thereof.
(b) Except as provided in section 1, and amendments thereto, it shall
be unlawful for any person to possess any of the following controlled
substances or controlled substance analogs thereof:
(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-
4109(b) or (c) or 65-4111(b), and amendments thereto;
(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)
(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;
(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-
4107(g) or 65-4109(g), and amendments thereto;
(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c),
(d), (e), (f) or (g), and amendments thereto;
(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and
amendments thereto;
(6) any substance designated in K.S.A. 65-4113, and amendments
thereto; or
(7) any substance designated in K.S.A. 65-4105(h), and amendments
thereto.
(c) (1) Violation of subsection (a) is a drug severity level 5 felony.
(2) Except as provided in subsection (c)(3):
(A) Violation of subsection (b) is a class A nonperson misdemeanor,
except as provided in subparagraph (B); and
(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug
severity level 5 felony if that person has a prior conviction under such
subsection, under K.S.A. 65-4162, prior to its repeal, under a substantially
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similar offense from another jurisdiction, or under any city ordinance or
county resolution for a substantially similar offense if the substance
involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana
as designated in K.S.A. 65-4105(d), and amendments thereto, or any
substance designated in K.S.A. 65-4105(h), and amendments thereto, or an
analog thereof.
(3) If the substance involved is marijuana, as designated in K.S.A.
65-4105(d), and amendments thereto, or tetrahydrocannabinols, as
designated in K.S.A. 65-4105(h), and amendments thereto, violation of
subsection (b) is a:
(A) Class B nonperson misdemeanor, except as provided in
subparagraphs (B) and (C);
(B) class A nonperson misdemeanor if that person has a prior
conviction under such subsection, under K.S.A. 65-4162, prior to its
repeal, under a substantially similar offense from another jurisdiction, or
under any city ordinance or county resolution for a substantially similar
offense; and
(C) drug severity level 5 felony if that person has two or more prior
convictions under such subsection, under K.S.A. 65-4162, prior to its
repeal, under a substantially similar offense from another jurisdiction, or
under any city ordinance or county resolution for a substantially similar
offense.
(d) It shall be an affirmative defense to prosecution under this section
arising out of a person's possession of any cannabidiol treatment
preparation if the person:
(1) Has a debilitating medical condition, as defined in K.S.A. 2024
Supp. 65-6235, and amendments thereto, or is the parent or guardian of a
minor child who has such debilitating medical condition;
(2) is possessing a cannabidiol treatment preparation, as defined in
K.S.A. 2024 Supp. 65-6235, and amendments thereto, that is being used to
treat such debilitating medical condition; and
(3) has possession of a letter, at all times while the person has
possession of the cannabidiol treatment preparation, that:
(A) Shall be shown to a law enforcement officer on such officer's
request;
(B) is dated within the preceding 15 months and signed by the
physician licensed to practice medicine and surgery in Kansas who
diagnosed the debilitating medical condition;
(C) is on such physician's letterhead; and
(D) identifies the person or the person's minor child as such
physician's patient and identifies the patient's debilitating medical
condition.
(e) It shall not be a defense to charges arising under this section that
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the defendant was acting in an agency relationship on behalf of any other
party in a transaction involving a controlled substance or controlled
substance analog.
Sec. 3. K.S.A. 21-5709 is hereby amended to read as follows: 21-
5709. (a) It shall be unlawful for any person to possess ephedrine,
pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
their salts, isomers or salts of isomers with an intent to use the product to
manufacture a controlled substance.
(b) (1) It shall be unlawful for any person to use or possess with
intent to use any drug paraphernalia to:
(1)(A) Manufacture, cultivate, plant, propagate, harvest, test, analyze
or distribute a controlled substance; or
(2)(B) store, contain, conceal, inject, ingest, inhale or otherwise
introduce a controlled substance into the human body.
(2) The provisions of subsection (b)(1)(B) shall not apply to
marijuana paraphernalia as defined in section 1, and amendments thereto.
(c) It shall be unlawful for any person to use or possess with intent to
use anhydrous ammonia or pressurized ammonia in a container not
approved for that chemical by the Kansas department of agriculture.
(d) It shall be unlawful for any person to purchase, receive or
otherwise acquire at retail any compound, mixture or preparation
containing more than 3.6 grams of pseudoephedrine base or ephedrine
base in any single transaction or any compound, mixture or preparation
containing more than nine grams of pseudoephedrine base or ephedrine
base within any 30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
(2) violation of subsection (b)(1) is a:
(A) Drug severity level 5 felony, except as provided in subsection (e)
(2)(B); and
(B) class B nonperson misdemeanor if the drug paraphernalia was
used to cultivate fewer than five marijuana plants;
(3) violation of subsection (b)(2) is a class B nonperson
misdemeanor;
(4) violation of subsection (c) is a drug severity level 5 felony; and
(5) violation of subsection (d) is a class A nonperson misdemeanor.
(f) For persons arrested and charged under subsection (a) or (c), bail
shall be at least $50,000 cash or surety, and such person shall not be
released upon the person's own recognizance pursuant to K.S.A. 22-2802,
and amendments thereto, unless the court determines, on the record, that
the defendant is not likely to reoffend, the court imposes pretrial
supervision or the defendant agrees to participate in a licensed or certified
drug treatment program.
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Sec. 4. K.S.A. 2024 Supp. 21-6607 is hereby amended to read as
follows: 21-6607. (a) Except as required by subsection subsections (c) and
(d), nothing in this section shall be construed to limit the authority of the
court to impose or modify any general or specific conditions of probation,
suspension of sentence or assignment to a community correctional services
program. The court services officer or community correctional services
officer may recommend, and the court may order, the imposition of any
conditions of probation, suspension of sentence or assignment to a
community correctional services program. For crimes committed on or
after July 1, 1993, in presumptive nonprison cases, the court services
officer or community correctional services officer may recommend, and
the court may order, the imposition of any conditions of probation or
assignment to a community correctional services program. The court may
at any time order the modification of such conditions, after notice to the
court services officer or community correctional services officer and an
opportunity for such officer to be heard thereon. The court shall cause a
copy of any such order to be delivered to the court services officer and the
probationer or to the community correctional services officer and the
community corrections participant, as the case may be. The provisions of
K.S.A. 75-5291, and amendments thereto, shall be applicable to any
assignment to a community correctional services program pursuant to this
section.
(b) The court may impose any conditions of probation, suspension of
sentence or assignment to a community correctional services program that
the court deems proper, including, but not limited to, requiring that the
defendant:
(1) Obey all laws and ordinances and report any law enforcement
contact to the defendant's supervision officer within 24 hours after such
contact;
(2) not engage in physical violence or threats of violence of any kind
and, if the defendant is being supervised for conviction of a felony, not
purchase or possess a dangerous weapon, including a firearm, while on
supervision;
(3) report to the defendant's supervision officer as directed and be
truthful in all matters;
(4) remain within the state of Kansas or other specified areas as
defined by the defendant's supervision officer;
(5) reside at the defendant's approved residence unless the defendant
receives permission from the defendant's supervision officer to relocate
and notify the defendant's supervision officer within 24 hours after any
emergency changes in residence or contact information;
(6) except as provided in subsection (d), not possess, use or distribute
any controlled substances except those prescribed by a licensed medical
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SB 295 7
professional;
(7) not possess or consume any form of alcohol or intoxicating
substance or enter any establishment where alcohol is sold or consumed as
the primary business;
(8) submit to any form of alcohol or substance use testing directed by
the defendant's supervision officer and not alter or tamper with the
specimen or test;
(9) participate in assessment, treatment, programming and other
directives of the court or the defendant's supervision officer;
(10) be subject to searches of the defendant's person, effects, vehicle,
residence and property by a court services officer, community correctional
services officer or any other law enforcement officer based on reasonable
suspicion that the defendant violated conditions of probation or engaged in
criminal activity; or
(11) refrain from contacting victims unless authorized by the court to
contact a victim as part of rehabilitative or therapeutic purposes.
(c) In addition to any conditions of probation, suspension of sentence
or assignment to a community correctional services program ordered
pursuant to subsection (b), the court shall order the defendant to:
(1) Make reparation or restitution to the aggrieved party for the
damage or loss caused by the defendant's crime in accordance with K.S.A.
21-6604(b), and amendments thereto;
(2) (A) pay a correctional supervision fee of $60 if the person was
convicted of a misdemeanor or a fee of $120 if the person was convicted
of a felony. In any case the amount of the correctional supervision fee
specified by this paragraph may be reduced or waived by the judge if the
person is unable to pay that amount;
(B) the correctional supervision fee imposed by this paragraph shall
be charged and collected by the district court. The clerk of the district
court shall remit all revenues received under this paragraph from
correctional supervision fees to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund, a sum equal to
41.67% of such remittance, and to the correctional supervision fund, a sum
equal to 58.33% of such remittance;
(C) this paragraph shall apply to persons placed on felony or
misdemeanor probation or released on misdemeanor parole to reside in
Kansas and supervised by Kansas court services officers under the
interstate compact for offender supervision; and
(D) this paragraph shall not apply to persons placed on probation or
released on parole to reside in Kansas under the uniform act for out-of-
state parolee supervision; and
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(3) reimburse the state general fund for all or a 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 which that sentenced the defendant to
waive payment of such sum or of 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. 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.
(d) The court shall not impose any condition of probation, suspension
of sentence or assignment to a community correctional services program
that prohibits the defendant from using marijuana as defined in section 1,
and amendments thereto, unless the court makes a finding that marijuana
use would create a danger to the defendant or another person. A
marijuana infraction as described in section 1, and amendments thereto,
or a drug test that is positive for marijuana shall not be considered as a
violation of a condition of probation, suspension of sentence or
assignment to a community correctional services program.
(e) The office of judicial administration and the department of
corrections shall collaborate to develop documentation related to
conditions of supervision.
(e)(f) Any law enforcement officer who conducts a search pursuant to
subsection (b)(10) shall submit a written report to the appropriate court
services officer or community correctional services officer not later than
the close of business the next day after such search is conducted. The
written report shall include the facts leading to such search, the scope of
such search and any findings resulting from such search.
(f)(g) (1) There is hereby established in the state treasury the
correctional supervision fund. All moneys credited to the correctional
supervision fund shall be used for:
(1)(A) The implementation of and training for use of a statewide,
mandatory, standardized risk assessment tool or instrument as specified by
the Kansas sentencing commission, pursuant to K.S.A. 75-5291, and
amendments thereto;
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(2)(B) the implementation of and training for use of a statewide,
mandatory, standardized risk assessment tool or instrument for juveniles
adjudicated to be juvenile offenders; and
(3)(C) evidence-based adult and juvenile offender supervision
programs by judicial branch personnel.
(2) If all expenditures for the program have been paid and moneys
remain in the correctional supervision fund for a fiscal year, remaining
moneys may be expended from the correctional supervision fund to
support adult and juvenile offender supervision by court services officers.
All expenditures from the correctional supervision fund shall be made in
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the chief
justice of the Kansas supreme court or by a person or persons designated
by the chief justice.
Sec. 5. K.S.A. 2024 Supp. 22-3717 is hereby amended to read as
follows: 22-3717. (a) Except as otherwise provided by this section; K.S.A.
1993 Supp. 21-4628, prior to its repeal; K.S.A. 21-4624, 21-4635 through
21-4638 and 21-4642, prior to their repeal; K.S.A. 21-6617, 21-6620, 21-
6623, 21-6624, 21-6625 and 21-6626, and amendments thereto; and
K.S.A. 8-1567, and amendments thereto; an inmate, including an inmate
sentenced pursuant to K.S.A. 21-4618, prior to its repeal, or K.S.A. 21-
6707, and amendments thereto, shall be eligible for parole after serving the
entire minimum sentence imposed by the court, less good time credits.
(b) (1) An inmate sentenced to imprisonment for life without the
possibility of parole pursuant to K.S.A. 21-6617, and amendments thereto,
shall not be eligible for parole.
(2) Except as provided by K.S.A. 21-4635 through 21-4638, prior to
their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and 21-6625, and
amendments thereto, an inmate sentenced to imprisonment for the crime
of:
(A) Capital murder committed on or after July 1, 1994, shall be
eligible for parole after serving 25 years of confinement, without
deduction of any good time credits;
(B) murder in the first degree based upon a finding of premeditated
murder committed on or after July 1, 1994, but prior to July 1, 2014, shall
be eligible for parole after serving 25 years of confinement, without
deduction of any good time credits; and
(C) murder in the first degree as described in K.S.A. 21-5402(a)(2),
and amendments thereto, committed on or after July 1, 2014, shall be
eligible for parole after serving 25 years of confinement, without
deduction of any good time credits.
(3) Except as provided by subsections (b)(1), (b)(2) and (b)(5),
K.S.A. 1993 Supp. 21-4628, prior to its repeal, K.S.A. 21-4635 through
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21-4638, prior to their repeal, and K.S.A. 21-6620, 21-6623, 21-6624 and
21-6625, and amendments thereto, an inmate sentenced to imprisonment
for an off-grid offense committed on or after July 1, 1993, but prior to July
1, 1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to
imprisonment for an off-grid offense committed on or after July 1, 1999,
shall be eligible for parole after serving 20 years of confinement without
deduction of any good time credits.
(4) Except as provided by K.S.A. 1993 Supp. 21-4628, prior to its
repeal, an inmate sentenced for a class A felony committed before July 1,
1993, including an inmate sentenced pursuant to K.S.A. 21-4618, prior to
its repeal, or K.S.A. 21-6707, and amendments thereto, shall be eligible for
parole after serving 15 years of confinement, without deduction of any
good time credits.
(5) An inmate sentenced to imprisonment for a violation of K.S.A.
21-3402(a), prior to its repeal, committed on or after July 1, 1996, but
prior to July 1, 1999, shall be eligible for parole after serving 10 years of
confinement without deduction of any good time credits.
(6) An inmate sentenced to imprisonment pursuant to K.S.A. 21-
4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto,
committed on or after July 1, 2006, shall be eligible for parole after
serving the mandatory term of imprisonment without deduction of any
good time credits.
(c) (1) Except as provided in subsection (e), if an inmate is sentenced
to imprisonment for more than one crime and the sentences run
consecutively, the inmate shall be eligible for parole after serving the total
of:
(A) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608, prior to its repeal, or K.S.A. 21-6606, and amendments
thereto, less good time credits for those crimes which are not class A
felonies; and
(B) an additional 15 years, without deduction of good time credits,
for each crime which is a class A felony.
(2) If an inmate is 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 inmate shall be eligible for
parole after serving the mandatory term of imprisonment.
(d) (1) Persons sentenced for crimes, other than off-grid crimes,
committed on or after July 1, 1993, or persons subject to subparagraph
(G), will not be eligible for parole, but will be released to a mandatory
period of postrelease supervision upon completion of the prison portion of
their sentence as follows:
(A) Except as provided in subparagraphs (D) and (E), persons
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sentenced for nondrug severity levels 1 through 4 crimes, drug severity
levels 1 and 2 crimes committed on or after July 1, 1993, but prior to July
1, 2012, and drug severity levels 1, 2 and 3 crimes committed on or after
July 1, 2012, must shall serve 36 months on postrelease supervision.
(B) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 5 and 6 crimes, drug severity level 3
crimes committed on or after July 1, 1993, but prior to July 1, 2012, and
drug severity level 4 crimes committed on or after July 1, 2012, must shall
serve 24 months on postrelease supervision.
(C) Except as provided in subparagraphs (D) and (E), persons
sentenced for nondrug severity levels 7 through 10 crimes, drug severity
level 4 crimes committed on or after July 1, 1993, but prior to July 1,
2012, and drug severity level 5 crimes committed on or after July 1, 2012,
must shall serve 12 months on postrelease supervision.
(D) Persons sentenced to a term of imprisonment that includes a
sentence for a sexually violent crime as defined in K.S.A. 22-3717, and
amendments thereto, committed on or after July 1, 1993, but prior to July
1, 2006, a sexually motivated crime in which the offender has been
ordered to register pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and
amendments thereto, electronic solicitation, K.S.A. 21-3523, prior to its
repeal, or K.S.A. 21-5509, and amendments thereto, or unlawful sexual
relations, K.S.A. 21-3520, prior to its repeal, or K.S.A. 21-5512, and
amendments thereto, shall serve the period of postrelease supervision as
provided in subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C), plus the amount
of good time and program credit earned and retained pursuant to K.S.A.
21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments thereto,
on postrelease supervision.
(i) If the sentencing judge finds substantial and compelling reasons to
impose a departure based upon a finding that the current crime of
conviction was sexually motivated, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease
supervision period, the judge shall state on the record at the time of
sentencing the substantial and compelling reasons for the departure.
Departures in this section are subject to appeal pursuant to K.S.A. 21-
4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist,
the court shall consider:
(a) Written briefs or oral arguments submitted by either the defendant
or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any
psychological evaluation as ordered by the court pursuant to K.S.A. 21-
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4714(e), prior to its repeal, or K.S.A. 21-6813(e), and amendments thereto;
and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation
be prepared and the recommended programming be completed by the
offender. The department of corrections or the prisoner review board shall
ensure that court ordered sex offender treatment be carried out.
(v) In carrying out the provisions of subsection (d)(1)(D), the court
shall refer to K.S.A. 21-4718, prior to its repeal, or K.S.A. 21-6817, and
amendments thereto.
(vi) Upon petition and payment of any restitution ordered pursuant to
K.S.A. 21-6604, and amendments thereto, the prisoner review board may
provide for early discharge from the postrelease supervision period
imposed pursuant to subsection (d)(1)(D)(i) upon completion of court
ordered programs and completion of the presumptive postrelease
supervision period, as determined by the crime of conviction, pursuant to
subsection (d)(1)(A), (d)(1)(B) or (d)(1)(C). Early discharge from
postrelease supervision is at the discretion of the board.
(vii) Persons convicted of crimes deemed sexually violent or sexually
motivated shall be registered according to the offender registration act,
K.S.A. 22-4901 through 22-4910, and amendments thereto.
(viii) Persons convicted of K.S.A. 21-3510 or 21-3511, prior to their
repeal, or K.S.A. 21-5508, and amendments thereto, shall be required to
participate in a treatment program for sex offenders during the postrelease
supervision period.
(E) The period of postrelease supervision provided in subparagraphs
(A) and (B) may be reduced by up to 12 months and the period of
postrelease supervision provided in subparagraph (C) may be reduced by
up to six months based on the offender's compliance with conditions of
supervision and overall performance while on postrelease supervision. The
reduction in the supervision period shall be on an earned basis pursuant to
rules and regulations adopted by the secretary of corrections.
(F) In cases where sentences for crimes from more than one severity
level have been imposed, the offender shall serve the longest period of
postrelease supervision as provided by this section available for any crime
upon which sentence was imposed irrespective of the severity level of the
crime. Supervision periods will not aggregate.
(G) (i) Except as provided in subsection(v), persons sentenced to
imprisonment for a sexually violent crime committed on or after July 1,
2006, when the offender was 18 years of age or older, and who are
released from prison, shall be released to a mandatory period of
postrelease supervision for the duration of the person's natural life.
(ii) Persons sentenced to imprisonment for a sexually violent crime
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committed on or after the effective date of this act, when the offender was
under 18 years of age, and who are released from prison, shall be released
to a mandatory period of postrelease supervision for 60 months, plus the
amount of good time and program credit earned and retained pursuant to
K.S.A. 21-4722, prior to its repeal, or K.S.A. 21-6821, and amendments
thereto.
(2) Persons serving a period of postrelease supervision pursuant to
subsections (d)(1)(A), (d)(1)(B) or (d)(1)(C) may petition the prisoner
review board for early discharge. Upon payment of restitution, the prisoner
review board may provide for early discharge.
(3) Persons serving a period of incarceration for a supervision
violation shall not have the period of postrelease supervision modified
until such person is released and returned to postrelease supervision.
(4) Offenders whose crime of conviction was committed on or after
July 1, 2013, and whose probation, assignment to a community
correctional services program, suspension of sentence or nonprison
sanction 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), and amendments thereto, shall serve a
period of postrelease supervision upon the completion of the underlying
prison term.
(5) As used in this subsection, "sexually violent crime" means:
(A) Rape, K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, prior to its repeal,
or K.S.A. 21-5506(a), and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, prior
to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
(D) criminal sodomy, K.S.A. 21-3505(a)(2) and (a)(3), prior to its
repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, prior to its repeal,
or K.S.A. 21-5504(b), and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, prior to its repeal,
or K.S.A. 21-5508(a), and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, prior
to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, prior to its repeal,
or K.S.A. 21-5510, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, prior to its repeal, or
K.S.A. 21-5505(b), and amendments thereto;
(J) aggravated incest, K.S.A. 21-3603, prior to its repeal, or K.S.A.
21-5604(b), and amendments thereto;
(K) aggravated human trafficking, as defined in K.S.A. 21-3447,
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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;
(L) internet trading in child pornography, as defined in K.S.A. 21-
5514(a), and amendments thereto;
(M) aggravated internet trading in child pornography, as defined in
K.S.A. 21-5514(b), and amendments thereto;
(N) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto; or
(O) 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 or 21-5303, and amendments thereto, of a sexually violent
crime as defined in this section.
(6) As used in this subsection, "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.
(e) If an inmate is sentenced to imprisonment for a crime committed
while on parole or conditional release, the inmate shall be eligible for
parole as provided by subsection (c), except that the prisoner review board
may postpone the inmate's parole eligibility date by assessing a penalty not
exceeding the period of time which that could have been assessed if the
inmate's parole or conditional release had been violated for reasons other
than conviction of a crime.
(f) If a person is sentenced to prison for a crime committed on or after
July 1, 1993, while on probation, parole, conditional release or in a
community corrections program, for a crime committed prior to July 1,
1993, and the person is not eligible for retroactive application of the
sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724, prior to its repeal, the new sentence shall not be aggregated with the
old sentence, but shall begin when the person is paroled or reaches the
conditional release date on the old sentence. If the offender was past the
offender's conditional release date at the time the new offense was
committed, the new sentence shall not be aggregated with the old sentence
but shall begin when the person is ordered released by the prisoner review
board or reaches the maximum sentence expiration date on the old
sentence, whichever is earlier. The new sentence shall then be served as
otherwise provided by law. The period of postrelease supervision shall be
based on the new sentence, except that those offenders whose old sentence
is a term of imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
21-4628, prior to its repeal, or an indeterminate sentence with a maximum
term of life imprisonment, for which there is no conditional release or
maximum sentence expiration date, shall remain on postrelease
supervision for life or until discharged from supervision by the prisoner
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review board.
(g) Subject to the provisions of this section, the prisoner review board
may release on parole those persons confined in institutions who are
eligible for parole when: (1) The board believes that the inmate should be
released for hospitalization, deportation or to answer the warrant or other
process of a court and is of the opinion that there is reasonable probability
that the inmate can be released without detriment to the community or to
the inmate; or (2) the secretary of corrections has reported to the board in
writing that the inmate has satisfactorily completed the programs required
by any agreement entered under K.S.A. 75-5210a, and amendments
thereto, or any revision of such agreement, and the board believes that the
inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate
can be released without detriment to the community or to the inmate.
Parole shall not be granted as an award of clemency and shall not be
considered a reduction of sentence or a pardon.
(h) The prisoner review board shall hold a parole hearing at least the
month prior to the month an inmate will be eligible for parole under
subsections (a), (b) and (c). At least one month preceding the parole
hearing, the county or district attorney of the county where the inmate was
convicted shall give written notice of the time and place of the public
comment sessions for the inmate to any victim of the inmate's crime who
is alive and whose address is known to the county or district attorney or, if
the victim is deceased, to the victim's family if the family's address is
known to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to postpone a
parole hearing. In the case of any inmate convicted of an off-grid felony or
a class A felony, the secretary of corrections shall give written notice of the
time and place of the public comment session for such inmate at least one
month preceding the public comment session to any victim of such
inmate's crime or the victim's family pursuant to K.S.A. 74-7338, and
amendments thereto. If notification is not given to such victim or such
victim's family in the case of any inmate convicted of an off-grid felony or
a class A felony, the board shall postpone a decision on parole of the
inmate to a time at least 30 days after notification is given as provided in
this section. Nothing in this section shall create a cause of action against
the state or an employee of the state acting within the scope of the
employee's employment as a result of the failure to notify pursuant to this
section. If granted parole, the inmate may be released on parole on the date
specified by the board, but not earlier than the date the inmate is eligible
for parole under subsections (a), (b) and (c). At each parole hearing and, if
parole is not granted, at such intervals thereafter as it determines
appropriate, the board shall consider:
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(1) Whether the inmate has satisfactorily completed the programs
required by any agreement entered under K.S.A. 75-5210a, and
amendments thereto, or any revision of such agreement; and
(2) all pertinent information regarding such inmate, including, but not
limited to, the circumstances of the offense of the inmate; the presentence
report; the previous social history and criminal record of the inmate; the
conduct, employment, and attitude of the inmate in prison; the reports of
such physical and mental examinations as have been made, including, but
not limited to, risk factors revealed by any risk assessment of the inmate;
comments of the victim and the victim's family including in person
comments, contemporaneous comments and prerecorded comments made
by any technological means; comments of the public; official comments;
any recommendation by the staff of the facility where the inmate is
incarcerated; proportionality of the time the inmate has served to the
sentence a person would receive under the Kansas sentencing guidelines
for the conduct that resulted in the inmate's incarceration; and capacity of
state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed
after July 1, 1993, the prisoner review board will review the inmate's
proposed release plan. The board may schedule a hearing if they desire.
The board may impose any condition they deem necessary to insure public
safety, aid in the reintegration of the inmate into the community, or items
not completed under the agreement entered into under K.S.A. 75-5210a,
and amendments thereto. The board may not advance or delay an inmate's
release date. Every inmate while on postrelease supervision shall remain in
the legal custody of the secretary of corrections and is subject to the orders
of the secretary.
(j) (1) Before ordering the parole of any inmate, the prisoner review
board shall have the inmate appear either in person or via a video
conferencing format and shall interview the inmate unless impractical
because of the inmate's physical or mental condition or absence from the
institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary.
Whenever the board formally considers placing an inmate on parole and
no agreement has been entered into with the inmate under K.S.A. 75-
5210a, and amendments thereto, the board shall notify the inmate in
writing of the reasons for not granting parole. If an agreement has been
entered under K.S.A. 75-5210a, and amendments thereto, and the inmate
has not satisfactorily completed the programs specified in the agreement,
or any revision of such agreement, the board shall notify the inmate in
writing of the specific programs that the inmate must satisfactorily
complete before parole will be granted. If parole is not granted only
because of a failure to satisfactorily complete such programs, the board
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shall grant parole upon the secretary's certification that the inmate has
successfully completed such programs. If an agreement has been entered
under K.S.A. 75-5210a, and amendments thereto, and the secretary of
corrections has reported to the board in writing that the inmate has
satisfactorily completed the programs required by such agreement, or any
revision thereof, the board shall not require further program participation.
However, if the board determines that other pertinent information
regarding the inmate warrants the inmate's not being released on parole,
the board shall state in writing the reasons for not granting the parole. If
parole is denied for an inmate sentenced for a crime other than a class A or
class B felony or an off-grid felony, the board shall hold another parole
hearing for the inmate not later than one year after the denial unless the
board finds that it is not reasonable to expect that parole would be granted
at a hearing if held in the next three years or during the interim period of a
deferral. In such case, the board may defer subsequent parole hearings for
up to three years but any such deferral by the board shall require the board
to state the basis for its findings. If parole is denied for an inmate
sentenced for a class A or class B felony or an off-grid felony, the board
shall hold another parole hearing for the inmate not later than three years
after the denial unless the board finds that it is not reasonable to expect
that parole would be granted at a hearing if held in the next 10 years or
during the interim period of a deferral. In such case, the board may defer
subsequent parole hearings for up to 10 years, but any such deferral shall
require the board to state the basis for its findings.
(2) Inmates sentenced for a class A or class B felony who have not
had a board hearing in the five years prior to July 1, 2010, shall have such
inmates' cases reviewed by the board on or before July 1, 2012. Such
review shall begin with the inmates with the oldest deferral date and
progress to the most recent. Such review shall be done utilizing existing
resources unless the board determines that such resources are insufficient.
If the board determines that such resources are insufficient, then the
provisions of this paragraph are subject to appropriations therefor.
(k) (1) Parolees and persons on postrelease supervision shall be
assigned, upon release, to the appropriate level of supervision pursuant to
the criteria established by the secretary of corrections.
(2) Parolees and persons on postrelease supervision are, and shall
agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by a parole officer or a department
of corrections enforcement, apprehension and investigation officer, at any
time of the day or night, with or without a search warrant and with or
without cause. Nothing in this subsection shall be construed to authorize
such officers to conduct arbitrary or capricious searches or searches for the
sole purpose of harassment.
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(3) Parolees and persons on postrelease supervision are, and shall
agree in writing to be, subject to searches of the person and the person's
effects, vehicle, residence and property by any law enforcement officer
based on reasonable suspicion of the person violating conditions of parole
or postrelease supervision or reasonable suspicion of criminal activity. Any
law enforcement officer who conducts such a search shall submit a written
report to the appropriate parole officer no later than the close of the next
business day after such search. The written report shall include the facts
leading to such search, the scope of such search and any findings resulting
from such search.
(l) The prisoner review board shall promulgate rules and regulations
in accordance with K.S.A. 77-415 et seq., and amendments thereto, not
inconsistent with the law and as it may deem proper or necessary, with
respect to the conduct of parole hearings, postrelease supervision reviews,
revocation hearings, orders of restitution, reimbursement of expenditures
by the state board of indigents' defense services and other conditions to be
imposed upon parolees or releasees. Whenever an order for parole or
postrelease supervision is issued it shall recite the conditions thereof.
(m) Whenever the prisoner review board orders the parole of an
inmate or establishes conditions for an inmate placed on postrelease
supervision, the board shall require that the inmate:
(1) Obey all laws and ordinances and report any law enforcement
contact to the inmate's supervision officer within 24 hours after such
contact;
(2) not engage in physical violence or threats of violence of any kind
and, if the inmate is being supervised for conviction of a felony, not
purchase or possess a dangerous weapon, including a firearm, while on
supervision;
(3) report to the inmate's supervision officer as directed and be
truthful in all matters;
(4) remain within the state of Kansas or other specified areas as
defined by the defendant's supervision officer;
(5) reside at the inmate's approved residence unless the defendant
receives permission from the inmate's supervision officer to relocate and
notify the inmate's supervision officer within 24 hours after any emergency
changes in residence or contact information;
(6) except as provided in subsection (n), not possess, use or distribute
any controlled substances except those prescribed by a licensed medical
professional;
(7) not possess or consume any form of alcohol or intoxicating
substance or enter any establishment where alcohol is sold or consumed as
the primary business;
(8) submit to any form of alcohol or substance use testing directed by
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SB 295 19
the inmate's supervision officer and not alter or tamper with the specimen
or test;
(9) participate in assessment, treatment, programming and other
directives of the court or the inmate's supervision officer;
(10) submit to searches of the person and the person's effects, vehicle,
residence and property by a parole officer or a department of corrections
enforcement, apprehension and investigation officer, at any time of the day
or night, with or without a search warrant and with or without cause,
except that nothing in this paragraph shall be construed to authorize such
officers to conduct arbitrary or capricious searches or searches for the sole
purpose of harassment;
(11) submit to searches of the person and the person's effects, vehicle,
residence and property by any law enforcement officer based on
reasonable suspicion of the person violating conditions of parole or
postrelease supervision or reasonable suspicion of criminal activity;
(12) refrain from contacting victims unless authorized by the board to
contact a victim as part of rehabilitative or therapeutic purposes;
(13) pay the administrative fee imposed pursuant to K.S.A. 22-4529,
and amendments thereto, unless the board finds compelling circumstances
that would render payment unworkable; and
(14) unless the board finds compelling circumstances that would
render a plan of payment unworkable, reimburse the state for all or part of
the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining
the amount and method of payment of such sum, the prisoner review board
shall take account of the financial resources of the person and the nature of
the burden that the payment of such sum will impose. Such amount shall
not exceed 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, minus any
previous payments for such services.
(n) The prisoner review board shall not impose any condition of
parole or postrelease supervision that prohibits the inmate from using
marijuana as defined in section 1, and amendments thereto, unless the
court makes a finding that marijuana use would create a danger to the
inmate or another person. A marijuana infraction as described in section
1, and amendments thereto, or a drug test that is positive for marijuana
shall not be considered as a violation of a condition of parole or
postrelease supervision.
(o) Any law enforcement officer who conducts a search pursuant to
subsection (m)(11) shall submit a written report to the inmate's parole
officer not later than the close of business the next day after such search is
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conducted. The written report shall include the facts leading to such
search, the scope of such search and any findings resulting from such
search.
(o)(p) If the court that sentenced an inmate specified at the time of
sentencing the amount and the recipient of any restitution ordered as a
condition of parole or postrelease supervision, the prisoner review board
shall order as a condition of parole or postrelease supervision that the
inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances that would render a
plan of restitution unworkable.
(p)(q) Whenever the prisoner review board grants the parole of an
inmate, the board, within 14 days of the date of the decision to grant
parole, shall give written notice of the decision to the county or district
attorney of the county where the inmate was sentenced.
(q)(r) When an inmate is to be released on postrelease supervision,
the secretary, within 30 days prior to release, shall provide the county or
district attorney of the county where the inmate was sentenced written
notice of the release date.
(r)(s) Inmates shall be released on postrelease supervision upon the
termination of the prison portion of their sentence. Time served while on
postrelease supervision will vest.
(s)(t) An inmate who is allocated regular good time credits as
provided in K.S.A. 22-3725, and amendments thereto, may receive
meritorious good time credits in increments of not more than 90 days per
meritorious act. These credits may be awarded by the secretary of
corrections when an inmate has acted in a heroic or outstanding manner in
coming to the assistance of another person in a life-threatening situation,
preventing injury or death to a person, preventing the destruction of
property or taking actions that result in a financial savings to the state.
(t)(u) The provisions of subsections (d)(1)(A), (d)(1)(B), (d)(1)(C)
and (d)(1)(E) shall be applied retroactively as provided in subsection(u).
(u)(v) For offenders sentenced prior to July 1, 2014, who are eligible
for modification of their postrelease supervision obligation, the department
of corrections shall modify the period of postrelease supervision as
provided for by this section:
(1) On or before September 1, 2013, for offenders convicted of:
(A) Severity levels 9 and 10 crimes on the sentencing guidelines grid
for nondrug crimes;
(B) severity level 4 crimes on the sentencing guidelines grid for drug
crimes committed prior to July 1, 2012; and
(C) severity level 5 crimes on the sentencing guidelines grid for drug
crimes committed on and after July 1, 2012;
(2) on or before November 1, 2013, for offenders convicted of:
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(A) Severity levels 6, 7 and 8 crimes on the sentencing guidelines
grid for nondrug crimes;
(B) level 3 crimes on the sentencing guidelines grid for drug crimes
committed prior to July 1, 2012; and
(C) level 4 crimes on the sentencing guidelines grid for drug crimes
committed on or after July 1, 2012; and
(3) on or before January 1, 2014, for offenders convicted of:
(A) Severity levels 1, 2, 3, 4 and 5 crimes on the sentencing
guidelines grid for nondrug crimes;
(B) severity levels 1 and 2 crimes on the sentencing guidelines grid
for drug crimes committed at any time; and
(C) severity level 3 crimes on the sentencing guidelines grid for drug
crimes committed on or after July 1, 2012.
(v)(w) An inmate 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, shall be placed on parole for
life and shall not be discharged from supervision by the prisoner review
board. When the board orders the parole of an inmate pursuant to this
subsection, the board shall order as a condition of parole that the inmate be
electronically monitored for the duration of the inmate's natural life.
(w)(x) Whenever the prisoner review board orders a person to be
electronically monitored pursuant to this section, or the court orders a
person to be electronically monitored pursuant to K.S.A. 21-6604(r), and
amendments thereto, the board shall order the person to reimburse the state
for all or part of the cost of such monitoring. In determining the amount
and method of payment of such sum, the board shall take account of the
financial resources of the person and the nature of the burden that the
payment of such sum will impose.
(x)(y) (1) On and after July 1, 2012, for any inmate who is a sex
offender, as defined in K.S.A. 22-4902, and amendments thereto,
whenever the prisoner review board orders the parole of such inmate or
establishes conditions for such inmate placed on postrelease supervision,
such inmate shall agree in writing to not possess pornographic materials.
(A) As used in this subsection, "pornographic materials" means any
obscene material or performance depicting sexual conduct, sexual contact
or a sexual performance ; and any visual depiction of sexually explicit
conduct.
(B) As used in this subsection, all other terms have the meanings
provided by K.S.A. 21-5510, and amendments thereto.
(2) The provisions of this subsection shall be applied retroactively to
every sex offender, as defined in K.S.A. 22-4902, and amendments
thereto, who is on parole or postrelease supervision on July 1, 2012. The
prisoner review board shall obtain the written agreement required by this
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subsection from such offenders as soon as practicable.
Sec. 6. K.S.A. 21-5706 and 21-5709 and K.S.A. 2024 Supp. 21-6607
and 22-3717 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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