Removing the prisoner review board from the supervision of the secretary of corrections, changing the appointing authority and creating qualifications for the members of the board and requiring parole hearings to be postponed if proper notice of the public comment session is not made to the victim.

SENATE BILL No. 459
AN ACT concerning the prisoner review board; removing the board from the supervision
of the secretary of corrections; changing the appointing authority for the members
and creating qualifications for the members; requiring parole hearings to be
postponed if proper notice of the public comment session is not made to the victim;
amending K.S.A. 22-3709, 22-3710, 22-3711, 22-3713, 22-3728, 22-3729 and 75-
52,152 and K.S.A. 2025 Supp. 22-3717, 74-4911f, 75-4318, 75-5217 and 77-421 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22-3709 is hereby amended to read as follows:
22-3709. (a) On and after July 1, 2026, the chairperson and vice-
chairperson vice chairperson of the prisoner review board shall be
designated by the secretary of corrections as provided in K.S.A. 75-
52,152, and amendments thereto . The chairperson of the board shall
have the authority to organize and administer the activities of the board.
(b) (1) Except as provided further, the chairperson of the board
may designate panels, consisting of two members of the board, which
shall have the full authority and power of the board to order the denial,
grant or revocation of an inmate's parole or conditional release, or for
crimes committed on or after July 1, 1993, grant parole for off-grid
crimes or revocation of postrelease supervision or to order the
revocation of an inmate's conditional release, upon hearing by one or
more members of the panel, and by a majority vote of the board.
(2) In the case of an inmate convicted of any of the following
offenses, a grant of parole shall require a unanimous vote of all board
members:
(A) An off-grid felony;
(B) a class A felony; or
(C) a sexually violent crime as defined in K.S.A. 22-3717, and
amendments thereto.
Sec. 2. K.S.A. 22-3710 is hereby amended to read as follows: 22-
3710. The prisoner review board shall adopt an official seal of which
the courts shall take judicial notice. The orders of the board shall not be
reviewable except as to compliance with the terms of this act or other
applicable laws of this state. The board shall keep a record of its acts
and shall notify each institution and the secretary of corrections of its
decisions relating to the persons who are or have been confined therein.
At the close of each fiscal year, the board shall submit to the governor
and to the legislature a report with statistical and other data of its work,
including research studies which it may make of probation, sentencing,
parole, postrelease supervision or related functions. Such report may be
part of the annual report of the department of corrections, so long as
such information is presented separately and distinctly.
Sec. 3. K.S.A. 22-3711 is hereby amended to read as follows: 22-
3711. The presentence report, the preparole report, the pre-postrelease
supervision report and the supervision history, obtained in the discharge
of official duty by any member or employee of the prisoner review
board or any other employee of the department of corrections, shall be
privileged and shall not be disclosed directly or indirectly to anyone
other than the prisoner review board, the judge, the attorney general or
others entitled to receive the information, except that the board,
secretary of corrections or court may permit the inspection of the report
or parts of it thereof by the defendant, inmate, defendant's or inmate's
attorney or other person having a proper interest in it such report or
parts thereof, whenever the best interest or welfare of a particular
defendant or inmate makes the action desirable or helpful.
Sec. 4. K.S.A. 22-3713 is hereby amended to read as follows: 22-
3713. (a) The prisoner review board may authorize one or more of its
such board's members to conduct hearings on behalf of the board as
provided in K.S.A. 22-3709, and amendments thereto.
SENATE BILL No. 459—page 2
(b) The secretary of corrections shall provide the prisoner review
board with necessary personnel and accounting services.
Sec. 5. K.S.A. 2025 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
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
SENATE BILL No. 459—page 3
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
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 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 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 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
SENATE BILL No. 459—page 4
psychological evaluation as ordered by the court pursuant to K.S.A. 21-
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 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
SENATE BILL No. 459—page 5
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,
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 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-
SENATE BILL No. 459—page 6
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 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). The board shall give notice of such hearing
to the attorney general. 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,
and such public comment session shall be held in person unless the
victim or victim's family requests otherwise . 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 the public comment session for
such inmate to a time at least 30 days after notification is given as
provided in this section. The board shall not make a decision on parole
of the inmate until after the public comment session for such inmate is
held. 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
SENATE BILL No. 459—page 7
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: (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; and 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 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 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
SENATE BILL No. 459—page 8
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.
(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
SENATE BILL No. 459—page 9
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) 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 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) 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 conducted. The written report shall include the facts leading to
such search, the scope of such search and any findings resulting from
SENATE BILL No. 459—page 10
such search.
(o) 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) 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) 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) 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) 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) 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) 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:
(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) 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
SENATE BILL No. 459—page 11
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) 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) (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 subsection from such offenders as soon as practicable.
Sec. 6. On and after July 1, 2026, K.S.A. 22-3728 is hereby
amended to read as follows: 22-3728. (a) (1) Upon application of the
secretary of corrections, the prisoner review board may grant release to
any person deemed to be functionally incapacitated, upon such terms
and conditions as prescribed in the order granting such release.
(2) The secretary of corrections prisoner review board shall adopt
rules and regulations governing the prisoner review board's procedure
for initiating, processing, reviewing and establishing criteria for review
of applications filed on behalf of persons deemed to be functionally
incapacitated. Such rules and regulations shall include criteria and
guidelines for determining whether the functional incapacitation
precludes the person from posing a threat to the public.
(3) Subject to the provisions of subsections (a)(4) and (a)(5), a
functional incapacitation release shall not be granted until at least 30
days after written notice of the application has been given to: (A) The
prosecuting attorney and the judge of the court in which the person was
convicted; and (B) any victim of the person's crime or the victim's
family. Notice of such application shall be given by the secretary of
corrections to the victim who is alive and whose address is known to
the secretary, or if the victim is deceased, to the victim's family if the
family's address is known to the secretary. Subject to the provisions of
subsection (a)(4), if there is no known address for the victim, if alive,
or the victim's family, if deceased, the board shall not grant or deny
such application until at least 30 days after notification is given by
publication in the county of conviction. Publication costs shall be paid
by the department of corrections.
(4) All applications for functional incapacitation release shall be
referred to the board. The board shall examine each case and may
approve such application and grant a release. An application for release
SENATE BILL No. 459—page 12
shall not be approved unless the board determines that the person is
functionally incapacitated and does not represent a future risk to public
safety. The board shall determine whether a hearing is necessary on the
application. The board may request additional information or evidence
it deems necessary from a medical or mental health practitioner.
(5) The board shall establish any conditions related to the release
of the person. The release shall be conditional, and be subject to
revocation pursuant to K.S.A. 75-5217, and amendments thereto, if the
person's functional incapacity significantly diminishes, if the person
fails to comply with any condition of release, or if the board otherwise
concludes that the person presents a threat or risk to public safety. The
person shall remain on release supervision until the release is revoked,
expiration of the maximum sentence, or discharged by the board.
Subject to the provisions of subsection (f) of K.S.A. 75-5217 (f), and
amendments thereto, the person shall receive credit for the time during
which the person is on functional incapacitation release supervision
towards service of the prison and postrelease supervision obligations of
determinate sentences or indeterminate sentences.
(6) The secretary of corrections shall cause the person to be
supervised upon release, and shall have the authority to initiate
revocation of the person at any time for the reasons indicated in
subsection (a)(5).
(7) The decision of the board on the application or any revocation
shall be final and not subject to review by any administrative agency or
court.
(8) In determining whether a person is functionally incapacitated,
the board shall consider the following:
(A) The person's current condition as confirmed by medical or
mental health care providers, including whether the condition is
terminal;
(B) the person's age and personal history;
(C) the person's criminal history;
(D) the person's length of sentence and time the person has served;
(E) the nature and circumstances of the current offense;
(F) the risk or threat to the community if released;
(G) whether an appropriate release plan has been established; and
(H) any other factors deemed relevant by the board.
(b) Nothing in this section shall be construed to limit or preclude
submission of an application for pardon or commutation of sentence
pursuant to K.S.A. 22-3701, and amendments thereto.
(c) Nothing in this section shall apply to the release of people with
terminal medical conditions as described in K.S.A. 22-3729, and
amendments thereto.
(d) This section does not apply to any person sentenced to
imprisonment for an off-grid offense.
(e) This section does not apply to any person under sentence of
death or life without the possibility of parole.
Sec. 7. On and after July 1, 2026, K.S.A. 22-3729 is hereby
amended to read as follows: 22-3729. (a) (1) Upon application of the
secretary of corrections, the chairperson of the prisoner review board
may grant release to any person deemed by a doctor licensed to practice
medicine and surgery in Kansas to have a terminal medical condition
likely to cause death within 30 days upon such terms and conditions as
prescribed in the order granting such release.
(2) The secretary of corrections prisoner review board shall adopt
rules and regulations governing the prisoner review board's procedure
for initiating, processing, reviewing and establishing criteria for review
of applications filed on behalf of persons deemed to have a terminal
medical condition likely to cause death within 30 days. Such rules and
SENATE BILL No. 459—page 13
regulations shall include criteria and guidelines for determining
whether the terminal medical condition precludes the person from
posing a threat to the public.
(3) All applications for a terminal medical condition release shall
be referred to the chairperson of the board. The chairperson of the
board shall examine each case and may approve such application and
grant a release. An application for release shall not be approved unless
the chairperson of the board determines that the person has been
deemed by a doctor licensed to practice medicine and surgery in
Kansas to have a terminal medical condition likely to cause death
within 30 days and does not represent a future risk to public safety. The
chairperson of the board may request additional information or
evidence the chairperson of the board deems necessary from a doctor
licensed to practice medicine and surgery in Kansas.
(4) The chairperson of the board shall establish any conditions
related to the release of the person. The release shall be conditional,
and be subject to revocation pursuant to K.S.A. 75-5217, and
amendments thereto, if the person's illness or condition significantly
improves, the person does not die within 30 days of release, if the
person fails to comply with any condition of release, or if the board
otherwise concludes that the person presents a threat or risk to public
safety. The person shall remain on release supervision until the release
is revoked, expiration of the maximum sentence or discharged by the
board. Subject to the provisions of subsection (f) of K.S.A. 75-5217(f),
and amendments thereto, the person shall receive credit for the time
during which the person is on terminal medical condition release
supervision towards service of the prison and postrelease supervision
obligations of determinate sentences or indeterminate sentences.
(5) The secretary of corrections shall cause the person to be
supervised upon release, and shall have the authority to initiate
revocation of the person at any time for the reasons indicated in
subsection (a)(4).
(6) The decision of the chairperson of the board on the application
and the decision of the board regarding any revocation shall be final
and not subject to review by any administrative agency or court.
(7) In determining whether a person meets the criteria to be
released under this section, the chairperson of the board shall consider
the following:
(A) The person's current condition as confirmed by a doctor
licensed to practice medicine and surgery in Kansas, including whether
the condition is terminal and likely to cause death within 30 days;
(B) the person's age and personal history;
(C) the person's criminal history;
(D) the person's length of sentence and time the person has served;
(E) the nature and circumstances of the current offense;
(F) the risk or threat to the community if released;
(G) whether an appropriate release plan has been established; and
(H) any other factors deemed relevant by the board member.
(b) Nothing in this section shall be construed to limit or preclude
submission of an application for pardon or commutation of sentence
pursuant to K.S.A. 22-3701, and amendments thereto.
(c) The secretary shall give notice of the granting of a terminal
medical condition release to:
(1) The prosecuting attorney and the judge of the court in which
the person was convicted; and
(2) any victim of the person's crime if alive or the victim's family
if the victim is deceased, whose address is known by the secretary.
(d) This section does not apply to any person sentenced to
imprisonment for an off-grid offense.
SENATE BILL No. 459—page 14
Sec. 8. On and after July 1, 2026, K.S.A. 2025 Supp. 74-4911f is
hereby amended to read as follows: 74-4911f. (a) Subject to procedures
or limitations prescribed by the governor, any person who is not an
employee and who becomes a state officer may elect to not become a
member of the system. The election to not become a member of the
system must be filed within 90 days of assuming the position of state
officer. Such election shall be irrevocable. If such election is not filed
by such state officer, such state officer shall be a member of the system.
(b) Any such state officer who is a member of the Kansas public
employees retirement system, on or after the effective date of this act,
may elect to not be a member by filing an election with the office of the
retirement system. The election to not become a member of the system
must be filed within 90 days of assuming the position of state officer. If
such election is not filed by such state officer, such state officer shall be
a member of the system.
(c) Subject to limitations prescribed by the board, the state agency
employing any employee who has filed an election as provided under
subsection (a) or (b) and who has entered into an employee
participation agreement, as provided in K.S.A. 74-49b10, and
amendments thereto, for deferred compensation pursuant to the Kansas
public employees deferred compensation plan shall contribute to such
plan on such employee's behalf an amount equal to 8% of the
employee's salary, as such salary has been approved pursuant to K.S.A.
75-2935b, and amendments thereto, or as otherwise prescribed by law.
With regard to a state officer who is a member of the legislature who
has retired pursuant to the Kansas public employees retirement system
and who files an election as provided in this section, employee's salary
means per diem compensation as provided by law as a member of the
legislature.
(d) As used in this section and K.S.A. 74-4927k, and amendments
thereto, "state officer" means the secretary of administration, secretary
for aging and disability services, secretary of commerce, secretary of
corrections, secretary of health and environment, secretary of labor,
secretary of revenue, secretary for children and families, secretary of
transportation, secretary of wildlife and parks, superintendent of the
Kansas highway patrol, secretary of agriculture, executive director of
the Kansas lottery, executive director of the Kansas racing commission,
president of the Kansas development finance authority, state fire
marshal, state librarian, securities commissioner, adjutant general,
members and chief hearing officer of the state board of tax appeals,
members of the prisoner review board, members of the state
corporation commission, any unclassified employee on the staff of
officers of both houses of the legislature, any unclassified employee
appointed to the governor's or lieutenant governor's staff, any person
employed by the legislative branch of the state of Kansas, other than
any such person receiving service credited under the Kansas public
employees retirement system or any other retirement system of the state
of Kansas therefor, who elected to be covered by the provisions of this
section as provided in K.S.A. 46- 1302(e), and amendments thereto, or
who is first employed on or after July 1, 1996, by the legislative branch
of the state of Kansas and any member of the legislature who has
retired pursuant to the Kansas public employees retirement system.
(e) The provisions of this section shall not apply to any state
officer who has elected to remain eligible for assistance by the state
board of regents as provided in K.S.A. 74-4925(a), and amendments
thereto.
Sec. 9. K.S.A. 2025 Supp. 75-4318 is hereby amended to read as
follows: 75-4318. (a) Subject to the provisions of subsection (g), all
meetings for the conduct of the affairs of, and the transaction of
SENATE BILL No. 459—page 15
business by, all legislative and administrative bodies and agencies of
the state and political and taxing subdivisions thereof, including boards,
commissions, authorities, councils, committees, subcommittees and
other subordinate groups thereof, receiving or expending and supported
in whole or in part by public funds shall be open to the public and no
binding action by such public bodies or agencies shall be by secret
ballot. Meetings of task forces, advisory committees or subcommittees
of advisory committees created pursuant to a governor's executive
order shall be open to the public in accordance with this act.
(b) Notice of the date, time and place of any regular or special
meeting of a public body or agency designated in subsection (a) shall
be furnished to any person requesting such notice, except that:
(1) If notice is requested by petition, the petition shall designate
one person to receive notice on behalf of all persons named in the
petition, and notice to such person shall constitute notice to all persons
named in the petition;
(2) if notice is furnished to an executive officer of an employees'
organization or trade association, such notice shall be deemed to have
been furnished to the entire membership of such organization or
association; and
(3) the public body or agency may require that a request to receive
notice must be submitted again to the public body or agency prior to the
commencement of any subsequent fiscal year of the public body or
agency during which the person wishes to continue receiving notice,
but, prior to discontinuing notice to any person, the public body or
agency must notify the person that notice will be discontinued unless
the person resubmits a request to receive notice.
(c) It shall be the duty of the presiding officer or other person
calling the meeting, if the meeting is not called by the presiding officer,
to furnish the notice required by subsection (b).
(d) Prior to any meeting mentioned by subsection (a), any agenda
relating to the business to be transacted at such meeting shall be made
available to any person requesting the agenda.
(e) The use of cameras, photographic lights and recording devices
shall not be prohibited at any meeting mentioned by subsection (a), but
such use shall be subject to reasonable rules designed to insure the
orderly conduct of the proceedings at such meeting.
(f) Except as provided by section 22 of article 2 of the constitution
of the state of Kansas, interactive communications in a series shall be
open if they collectively involve a majority of the membership of the
public body or agency, share a common topic of discussion concerning
the business or affairs of the public body or agency, and are intended by
any or all of the participants to reach agreement on a matter that would
require binding action to be taken by the public body or agency.
(g) The provisions of the open meetings law shall not apply:
(1) To any administrative body that is authorized by law to
exercise quasi-judicial functions when such body is deliberating
matters relating to a decision involving such quasi-judicial functions;
(2) to the prisoner review board when conducting parole hearings
or parole violation hearings held at a correctional institution , except
that such hearings shall comply with the public comment requirements
in K.S.A. 22-3717, and amendments thereto;
(3) to any impeachment inquiry or other impeachment matter
referred to any committee of the house of representatives prior to the
report of such committee to the full house of representatives; and
(4) if otherwise provided by state or federal law or by rules of the
Kansas senate or house of representatives.
(h) When a subcommittee or other subordinate group is created by
a public body or agency, whenever a majority of such subcommittee or
SENATE BILL No. 459—page 16
other subordinate group meets, such subcommittee or other subordinate
group shall be subject to the requirements of this act.
(i) Unless otherwise stated in law, a private entity will only be
considered a subordinate group of a legislative or administrative body
of the state or a political and taxing subdivision if such private entity is
under the control, whether directly or indirectly, of a legislative or
administrative body of the state or a political and taxing subdivision.
(j) A public body or agency that voluntarily elects to live stream
their meeting on television, the internet or any other medium shall
ensure that all aspects of the open meeting are available through the
selected medium for the public to observe. An unintentional
technological failure or an action taken by the provider of the selected
medium that disrupts or prevents such live stream shall not constitute a
violation of this subsection.
Sec. 10. On and after July 1, 2026, K.S.A. 2025 Supp. 75-5217 is
hereby amended to read as follows: 75-5217. (a) At any time during
release on parole, conditional release or postrelease supervision, the
secretary of corrections may issue a warrant for the arrest of a released
inmate for violation of any of the conditions of release, or a notice to
appear to answer to a charge of violation. Such notice shall be served
personally upon the released inmate. The warrant shall authorize any
law enforcement officer to arrest and deliver the released inmate to a
place as provided by subsection (g). Any parole officer may arrest such
released inmate without a warrant, or may deputize any other officer
with power of arrest to do so by giving such officer a written or verbal
arrest and detain order setting forth that the released inmate, in the
judgment of the parole officer, has violated the conditions of the
inmate's release. A written arrest and detain order delivered to the
official in charge of the institution or place to which the released inmate
is brought for detention shall be sufficient warrant for detaining the
inmate. After making an arrest the parole officer shall present to the
detaining authorities a similar arrest and detain order and statement of
the circumstances of violation. Pending a hearing, as provided in this
section, upon any charge of violation the released inmate shall remain
incarcerated in the institution or place to which the inmate is taken for
detention.
(b) Upon such arrest and detention, the parole officer shall notify
the secretary of corrections, or the secretary's designee, within five days
and shall submit in writing a report showing in what manner the
released inmate had violated the conditions of release. After such
notification is given to the secretary of corrections, or upon an arrest by
warrant as herein provided and the finding of probable cause pursuant
to procedures established by the secretary of a violation of the released
inmate's conditions of release, the secretary or the secretary's designee
may cause the released inmate to be brought before the prisoner review
board, its designee or designees, for a hearing on the violation charged,
under such rules and regulations as the board may adopt, or may
dismiss the charges that the released inmate has violated the conditions
of release and order the released inmate to remain on parole,
conditional release or post release supervision. A dismissal of charges
may be conditioned on the released inmate agreeing to the withholding
of credit for the period of time from the date of the issuance of the
secretary's warrant and the offender's arrest or return to Kansas as
provided by subsection (f). The board may determine whether such
hearing requires the released inmate to appear personally before the
board when such inmate's violation results from a conviction for a new
felony or misdemeanor. An offender under determinant sentencing
whose violation does not result from a conviction of a new felony or
misdemeanor may waive the right to a final revocation hearing before
SENATE BILL No. 459—page 17
the board under such conditions and terms as may be prescribed by
rules and regulations promulgated by the secretary of corrections
board. Relevant written statements made under oath shall be admitted
and considered by the board, its designee or designees, along with other
evidence presented at the hearing. If the violation is established to the
satisfaction of the board, the board may continue or revoke the parole
or conditional release, or enter such other order as the board may see
fit. The revocation of release of inmates who are on a specified period
of postrelease supervision shall be for a six-month period of
confinement from the date of the revocation hearing before the board or
the effective date of waiver of such hearing by the offender pursuant to
rules and regulations promulgated by the board, if the violation does
not result from a conviction for a new felony or misdemeanor. Such
period of confinement may be reduced by not more than three months
based on the inmate's conduct, work and program participation during
the incarceration period. The reduction in the incarceration period shall
be on an earned basis pursuant to rules and regulations adopted by the
secretary of corrections.
(c) If the violation results from a conviction for a new felony,
upon revocation, the inmate shall serve a period of confinement, to be
determined by the prisoner review board, which shall not exceed the
remaining balance of the period of postrelease supervision, even if the
new conviction did not result in the imposition of a new term of
imprisonment.
(d) If the violation results from a conviction for a new
misdemeanor, upon revocation, the inmate shall serve a period of
confinement, to be determined by the prisoner review board, which
shall not exceed the remaining balance of the period of postrelease
supervision.
(e) In the event the released inmate reaches conditional release
date as provided by K.S.A. 22-3718, and amendments thereto, after a
finding of probable cause, pursuant to procedures established by the
secretary of corrections of a violation of the released inmate's
conditions of release, but prior to a hearing before the prisoner review
board, the secretary of corrections shall be authorized to detain the
inmate until the hearing by the board. The secretary shall then enforce
the order issued by the board.
(f) (1) If the secretary of corrections issues a warrant for the arrest
of a released inmate for violation of any of the conditions of release and
the released inmate is subsequently arrested in the state of Kansas,
either pursuant to the warrant issued by the secretary of corrections or
for any other reason, the released inmate's sentence shall not be
credited with the period of time from the date of the issuance of the
secretary's warrant to the date of the released inmate's arrest, except as
provided by subsection (i).
(2) If a released inmate for whom a warrant has been issued by the
secretary of corrections for violation of the conditions of release is
subsequently arrested in another state, and the released inmate has been
authorized as a condition of such inmate's release to reside in or travel
to the state in which the released inmate was arrested, and the released
inmate has not absconded from supervision, the released inmate's
sentence shall not be credited with the period of time from the date of
the issuance of the warrant to the date of the released inmate's arrest,
except as provided by subsection (i). If the released inmate for whom a
warrant has been issued by the secretary of corrections for violation of
the conditions of release is subsequently arrested in another state for
reasons other than the secretary's warrant and the released inmate does
not have authorization to be in the other state or if authorized to be in
the other state has been charged by the secretary with having absconded
SENATE BILL No. 459—page 18
from supervision, the released inmate's sentence shall not be credited
with the period of time from the date of the issuance of the warrant by
the secretary to the date the released inmate is first available to be
returned to the state of Kansas, except as provided by subsection (i). If
the released inmate for whom a warrant has been issued by the
secretary of corrections for violation of a condition of release is
subsequently arrested in another state pursuant only to the secretary's
warrant, the released inmate's sentence shall not be credited with the
period of time from the date of the issuance of the secretary's warrant to
the date of the released inmate's arrest, regardless of whether the
released inmate's presence in the other state was authorized or the
released inmate had absconded from supervision, except as provided by
subsection (i).
(3) The secretary may issue a warrant for the arrest of a released
inmate for violation of any of the conditions of release and may direct
that all reasonable means to serve the warrant and detain such released
inmate be employed including, but not limited to, notifying the federal
bureau of investigation of such violation and issuance of warrant and
requesting from the federal bureau of investigation any pertinent
information it may possess concerning the whereabouts of the released
inmate.
(g) Law enforcement officers shall execute warrants issued by the
secretary of corrections, and shall deliver the inmate named in the
warrant to the jail used by the county where the inmate is arrested
unless some other place is designated by the secretary, in the same
manner as for the execution of any arrest warrant.
(h) For the purposes of this section, an inmate or released inmate
is an individual under the supervision of the secretary of corrections,
including, but not limited to, an individual on parole, conditional
release, postrelease supervision, probation granted by another state or
an individual supervised under any interstate compact in accordance
with the provisions of the uniform act for out-of-state parolee
supervision, K.S.A. 22-4101 et seq., and amendments thereto.
(i) Time not credited to the released inmate's sentence pursuant to
subsection (f) shall be credited if the violation charges are dismissed
without an agreement providing otherwise or the violations are not
established to the satisfaction of the board.
(j) As used in this section, "absconded from supervision" means
knowingly avoiding supervision or knowingly making the defendant's
whereabouts unknown to the defendant's supervising parole officer,
court services officer or community correctional services officer.
Sec. 11. K.S.A. 75-52,152 is hereby amended to read as follows:
75-52,152. (a) (1)There is hereby established, within the Kansas
department of corrections, the prisoner review board. The prisoner
review board shall be administered under the supervision of the
secretary of corrections is hereby established . On and after July 1,
2026, the prisoner review board shall consist of three five members
appointed by the secretary of corrections and all members shall serve at
the pleasure of the secretary. The members of the prisoner review board
shall be existing employees of the department of corrections as
follows:
(A) One member appointed by the governor, subject to
confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto, with a minimum of five years of experience in law
enforcement;
(B) one member appointed by the governor, subject to
confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto, with experience in serving victims of crime;
(C) one member appointed by the governor, subject to
SENATE BILL No. 459—page 19
confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto;
(D) one member appointed by the attorney general, subject to
confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto, with a minimum of five years of experience as a
prosecutor; and
(E) one member appointed by the attorney general, subject to
confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto.
(2) Except as provided in subsection (b) and K.S.A. 46-2601, and
amendments thereto, no person appointed to the board shall exercise
any power, duty or function as a member of the board until confirmed
by the senate. The governor shall select one of the board members to
serve as chairperson, and the attorney general shall select one of the
board members to serve as vice chairperson.
(3) The members of the board shall serve for terms of four years
and until their successors are appointed and confirmed, except that:
(A) The members first appointed by the governor shall serve for
terms as follows: The member appointed pursuant to paragraph (1)(C)
shall serve for a term of one year, the member appointed pursuant to
paragraph (1)(B) shall serve for a term of two years and the member
appointed pursuant to paragraph (1)(A) shall serve for a term of three
years; and
(B) the members first appointed by the attorney general shall
serve for terms as follows: The member appointed pursuant to
paragraph (1)(E) shall serve for a term of one year and the member
appointed pursuant to paragraph (1)(D) shall serve for a term of four
years.
(4) Any vacancy occurring on the board shall be filled for the
unexpired term by appointment by the original appointing authority.
(5) Members of the board shall receive for services an annual
salary equal to 70% of a district judge's salary as determined pursuant
to K.S.A. 2025 Supp. 75-3120n, and amendments thereto, and shall be
allowed all actual travel and necessary expenses incurred while in the
discharge of official duties. Each member of the board shall devote the
member's full time to the duties of membership on the board.
(6) The terms of the members who are serving on the board on
July 1, 2026, shall expire on July 1, 2026.
(b) Prior to July 1, 2026, the governor and the attorney general
shall appoint interim members of the board who meet the requirements
described in this section. Such interim members shall serve on and
after July 1, 2026, while such members are awaiting confirmation by
the senate. If confirmed, such members shall serve for the terms
described in subsection (a).
(c) All members of the board shall have knowledge of the rights of
victims of crimes and associated issues, the functioning of the criminal
justice system and necessary components for successful reintegration
and recidivism reduction.
Sec. 12. K.S.A. 2025 Supp. 77-421 is hereby amended to read as
follows: 77-421. (a) (1) Except as provided by subsection (a)(2), (a)(3)
or (a)(4), prior to the adoption of any permanent rule and regulation or
any temporary rule and regulation that is required to be adopted as a
temporary rule and regulation in order to comply with the requirements
of the statute authorizing the same and after any such rule and
regulation has been approved by the secretary of administration, the
attorney general and the director of the budget, the adopting state
agency shall give at least 60 days' notice of its intended action in the
Kansas register and to the secretary of state and to the joint committee
on administrative rules and regulations established by K.S.A. 77-436,
SENATE BILL No. 459—page 20
and amendments thereto. The notice shall be provided to the secretary
of state and to the chairperson, vice chairperson, ranking minority
member of the joint committee and legislative research department and
shall be published in the Kansas register. A complete copy of all
proposed rules and regulations and the complete economic impact
statement required by K.S.A. 77-416, and amendments thereto, shall
accompany the notice sent to the secretary of state. The notice shall
contain:
(A) A summary of the substance of the proposed rules and
regulations;
(B) a summary of the economic impact statement indicating the
estimated economic impact on governmental agencies or units, persons
subject to the proposed rules and regulations and the general public;
(C) a summary of the environmental benefit statement, if
applicable, indicating the need for the proposed rules and regulations;
(D) the address where a complete copy of the proposed rules and
regulations, the complete economic impact statement, the
environmental benefit statement, if applicable, required by K.S.A. 77-
416, and amendments thereto, may be obtained;
(E) the time and place of the public hearing to be held; the manner
in which interested parties may present their views; and
(F) a specific statement that the period of 60 days' notice
constitutes a public comment period for the purpose of receiving
written public comments on the proposed rules and regulations and the
address where such comments may be submitted to the state agency.
Publication of such notice in the Kansas register shall constitute notice
to all parties affected by the rules and regulations.
(2) Prior to adopting any rule and regulation that establishes
seasons and fixes bag, creel, possession, size or length limits for the
taking or possession of wildlife and after such rule and regulation has
been approved by the secretary of administration and the attorney
general, the secretary of wildlife and parks shall give at least 30 days'
notice of its intended action in the Kansas register and to the secretary
of state and to the joint committee on administrative rules and
regulations created pursuant to K.S.A. 77-436, and amendments
thereto. All other provisions of subsection (a)(1) shall apply to such
rules and regulations, except that the statement required by subsection
(a)(1)(F) shall state that the period of 30 days' notice constitutes a
public comment period on such rules and regulations.
(3) Prior to adopting any rule and regulation that establishes any
permanent prior authorization on a prescription-only drug pursuant to
K.S.A. 39-7,120, and amendments thereto, or which concerns coverage
or reimbursement for pharmaceuticals under the pharmacy program of
the state medicaid plan, and after such rule and regulation has been
approved by the director of the budget, the secretary of administration
and the attorney general, the secretary of health and environment shall
give at least 30 days' notice of its intended action in the Kansas register
and to the secretary of state and to the joint committee on
administrative rules and regulations created pursuant to K.S.A. 77-436,
and amendments thereto. All other provisions of subsection (a)(1) shall
apply to such rules and regulations, except that the statement required
by subsection (a)(1)(F) shall state that the period of 30 days' notice
constitutes a public comment period on such rules and regulations.
(4) Prior to adopting any rule and regulation pursuant to
subsection (c), the state agency shall give at least 60 days' notice of its
intended action in the Kansas register and to the secretary of state and
to the joint committee on administrative rules and regulations created
pursuant to K.S.A. 77-436, and amendments thereto. All other
provisions of subsection (a)(1) shall apply to such rules and
SENATE BILL No. 459—page 21
regulations, except that the statement required by subsection (a)(1)(F)
shall state that the period of notice constitutes a public comment period
on such rules and regulations.
(b) (1) On the date of the hearing, all interested parties shall be
given reasonable opportunity to present their views or arguments on
adoption of the rule and regulation, either orally or in writing. At the
time it adopts or amends a rule and regulation, the state agency shall
prepare a concise statement of the principal reasons for adopting the
rule and regulation or amendment thereto, including:
(A) The agency's reasons for not accepting substantial arguments
made in testimony and comments; and
(B) the reasons for any substantial change between the text of the
proposed adopted or amended rule and regulation contained in the
published notice of the proposed adoption or amendment of the rule
and regulation and the text of the rule and regulation as finally adopted.
(2) Whenever a state agency is required by any other statute to
give notice and hold a hearing before adopting, amending, reviving or
revoking a rule and regulation, the state agency, in lieu of following the
requirements or statutory procedure set out in such other law, may give
notice and hold hearings on proposed rules and regulations in the
manner prescribed by this section.
(3) Notwithstanding the other provisions of this section, the
prisoner review board and the secretary of corrections may give notice
or an opportunity to be heard to any inmate in the custody of the
secretary with regard to the adoption of any rule and regulation.
(c) (1) The agency shall initiate new rulemaking proceedings
under this act, if a state agency proposes to adopt a final rule and
regulation that:
(A) Differs in subject matter or effect in any material respect from
the rule and regulation as originally proposed; and
(B) is not a logical outgrowth of the rule and regulation as
originally proposed.
(2) For the purposes of this provision, a rule and regulation is not
the logical outgrowth of the rule and regulation as originally proposed
if a person affected by the final rule and regulation was not put on
notice that such person's interests were affected in the rule making.
(d) When, pursuant to this or any other statute, a state agency
holds a hearing on the adoption of a proposed rule and regulation, the
agency shall cause written minutes or other records, including a record
maintained on sound recording tape or on any electronically accessed
media or any combination of written or electronically accessed media
records of the hearing to be made. If the proposed rule and regulation is
adopted and becomes effective, the state agency shall maintain, for not
less than three years after its effective date, such minutes or other
records, together with any recording, transcript or other record made of
the hearing and a list of all persons who appeared at the hearing and
who they represented, any written testimony presented at the hearing
and any written comments submitted during the public comment
period.
(e) No rule and regulation shall be adopted by a board,
commission, authority or other similar body except at a meeting which
is open to the public and notwithstanding any other provision of law to
the contrary, no rule and regulation shall be adopted by a board,
commission, authority or other similar body unless it receives approval
by roll call vote of a majority of the total membership thereof.
Sec. 1 3. K.S.A. 22-3709, 22-3710, 22-3711, 22-3713 and 75-
52,152 and K.S.A. 2025 Supp. 22-3717, 75-4318 and 77-421 are
hereby repealed.
SENATE BILL No. 459—page 22
Sec. 14. On and after July 1, 2026, K.S.A. 22-3728 and 22-3729
and K.S.A. 2025 Supp. 74-4911f and 75-5217 are hereby repealed.
Sec. 15. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.

Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.