K.S.A. § 21-6610 — KS Code / Chapter 21 / Article 66 / Section 21-6610
21-6610 - Transfer of supervision of person paroled, on probation, assigned to community corrections or under suspended sentence; transfer of jurisdiction of a person sentenced to participate in a certified drug abuse treatment program; supervision under two or more supervision entities or agencies, consolidation.
Status: in_force

21-6610. Transfer of supervision of person paroled, on probation, assigned to community corrections or under suspended sentence; transfer of jurisdiction of a person sentenced to participate in a certified drug abuse treatment program; supervision under two or more supervision entities or agencies, consolidation. (a) When a defendant is placed on parole by the district court, on probation, assigned to a community correctional services program by a district court or under suspended sentence and such defendant is permitted to go from the judicial district of that court, supervision over the defendant may be transferred from that judicial district to another with the concurrence of the receiving chief court services officer, or if in a community corrections services program, by the concurrence of the director of the receiving program.

(b) When a defendant described in subsection (a) is sentenced pursuant to K.S.A. 21-6824, and amendments thereto, the district court from which the defendant is on parole, on probation, assigned to a community correctional services program or under suspended sentence may transfer jurisdiction of the defendant with the concurrence of the receiving district court and all parties.

(c) (1) When a defendant described in subsection (a) is being sentenced and is already being supervised on parole, probation, assignment to a community correctional services program or under suspended sentence, the district court by which the defendant is currently being supervised may use the guidelines provided in this subsection to determine whether it is appropriate to transfer jurisdiction of the defendant to a different district court.

(2) If the new sentence would place the defendant under the supervision of two supervision entities or agencies, the court may consider:

(A) Granting jurisdiction to the court with jurisdiction over the offense that has the longest underlying sentence of imprisonment; and

(B) whether the severity of the new offense requires a higher level of supervision. If a higher level of supervision is not required, there may be a preference for maintaining supervision of the defendant by the current supervising entity or agency for the duration of supervision. If a higher level of supervision is required, there may be a preference for transferring supervision responsibility of the defendant to the appropriate supervision entity or agency for the duration of supervision.

(3) If two or more supervision entities or agencies are supervising the defendant for sentences that are equal, the court may consider:

(A) The residency of the defendant;

(B) the ability of the defendant to travel to the supervision office from the defendant's residence, place of employment and school;

(C) resources for residential and nonresidential sanctions or rehabilitative treatment available from each supervision entity or agency; and

(D) the level of supervision available to the defendant by each supervision entity or agency.

(d) The district court from which the defendant is on parole, probation, assignment to a community correctional services program or suspended sentence may retain jurisdiction of the defendant. If the court retains jurisdiction, the defendant shall be supervised by one supervision entity or agency. The department of corrections and the office of judicial administration shall enter into a memorandum of understanding providing that a defendant on parole, probation, assignment to a community correctional services program or suspended sentence shall be supervised by one supervision entity or agency. Such memorandum of understanding shall include, but not be limited to, provisions related to:

(1) The criteria for determining the most appropriate supervision entity or agency;

(2) how the financial obligations of supervision will be managed;

(3) conditions of supervision;

(4) sanctions for violation of supervision;

(5) standards for seeking revocation of parole, probation, assignment to a community correctional services program or suspended sentence;

(6) termination of supervision; and

(7) information sharing between supervision entities or agencies.