reglab/housing_qa huggingface dataset:
KS Stat § 21-6807 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6807 Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea.

21-6807. Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea. (a) The crime severity scale contained in the sentencing guidelines grid for nondrug crimes as provided in K.S.A. 2021 Supp. 21-6804, and amendments thereto, consists of 10 levels of crimes. Crimes listed within each level are considered to be relatively equal in severity. Level 1 crimes are the most severe crimes and level 10 crimes are the least severe crimes. If a person is convicted of two or more crimes, then the severity level shall be determined by the most severe crime of conviction.(b) When the statutory definition of a crime includes a broad range of criminal conduct, the crime may be subclassified factually in more than one crime category to capture the full range of criminal conduct covered by the crime.(c) The provisions of this subsection shall be applicable with regard to ranking offenses according to the crime severity scale as provided in this section:(1) When considering an unranked offense in relation to the crime severity scale, the sentencing judge should refer to comparable offenses on the crime severity scale.(2) Except for off-grid felony crimes, which are classified as person felonies, all felony crimes omitted from the crime severity scale shall be considered nonperson felonies.(3) All unclassified felonies shall be scored as level 10 nonperson crimes.(4) The offense severity level of a crime for which the court has accepted a plea of guilty or nolo contendere pursuant to K.S.A. 22-3210, and amendments thereto, or of a crime of which the defendant has been convicted shall not be elevated or enhanced for sentencing purposes as a result of the discovery of prior convictions or any other basis for such enhancement subsequent to the acceptance of the plea or conviction. Any such prior convictions discovered after the plea has been accepted by the court shall be counted in the determination of the criminal history of the offender.History: L. 2010, ch. 136, § 288; July 1, 2011.
KS Stat § 21-6808 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6808 Crime severity scale for drug crimes, application; presumptive sentences.

21-6808. Crime severity scale for drug crimes, application; presumptive sentences. (a) The crime severity scale contained in the sentencing guidelines grid for drug offenses as provided in K.S.A. 2021 Supp. 21-6805, and amendments thereto, consists of 5 levels of crimes. Crimes listed within each level are considered to be relatively equal in severity. Level 1 crimes are the most severe crimes and level 5 crimes are the least severe crimes.(b) The provisions of this section shall also be applicable to the presumptive sentences for anticipatory crimes as provided in K.S.A. 2021 Supp. 21-5301, 21-5302 and 21-5303, and amendments thereto.History: L. 2010, ch. 136, § 289; L. 2012, ch. 150, § 34; July 1.
KS Stat § 21-6809 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6809 Criminal history categories in criminal history scale.

21-6809. Criminal history categories in criminal history scale. The criminal history scale is represented in abbreviated form on the horizontal axis of the sentencing guidelines grids. The relative severity of each criminal history category decreases from left to right on such grids. Criminal history category A is the most serious classification. Criminal history category I is the least serious classification. The criminal history categories in the criminal history scale are:CriminalHistoryCategory  Descriptive Criminal History(A)  The offender's criminal history includes three or more adult convictions or juvenile adjudications, in any combination, for person felonies.(B)  The offender's criminal history includes two adult convictions or juvenile adjudications, in any combination, for person felonies.(C)  The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony, and one or more adult conviction or juvenile adjudication for a nonperson felony.(D)  The offender's criminal history includes one adult conviction or juvenile adjudication for a person felony, but no adult conviction or juvenile adjudications for a nonperson felony.(E)  The offender's criminal history includes three or more adult convictions or juvenile adjudications for nonperson felonies, but no adult conviction or juvenile adjudication for a person felony.(F)  The offender's criminal history includes two adult convictions or juvenile adjudications for nonperson felonies, but no adult conviction or juvenile adjudication for a person felony.(G)  The offender's criminal history includes one adult conviction or juvenile adjudication for a nonperson felony, but no adult conviction or juvenile adjudication for a person felony.(H)  The offender's criminal history includes two or more adult convictions or juvenile adjudications for nonperson and/or select misdemeanors, and no more than two adult convictions or juvenile adjudications for person misdemeanors, but no adult conviction or juvenile adjudication for either a person or nonperson felony.(I)  The offender's criminal history includes no prior record; or, one adult conviction or juvenile adjudication for a person, nonperson, or select misdemeanor, but no adult conviction or juvenile adjudication for either a person or nonperson felony.History: L. 2010, ch. 136, § 290; July 1, 2011.
KS Stat § 21-6811b (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6811b Determination of offender's criminal history; severability.

21-6811b. Determination of offender's criminal history; severability. If any provision of this act* is held invalid, the invalidity shall not affect other provisions or applications of the act, and to this end the provisions of this act are severable.History: L. 2015, ch. 5, § 3; April 2.* This act means L. 2015, ch. 5.
KS Stat § 21-6811d (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6811d Calculating an offender's criminal history; severability.

21-6811d. Calculating an offender's criminal history; severability. If the amendments made to K.S.A. 2021 Supp. 21-6811, 21-6820 and 22-3504 are, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the amendments made to K.S.A. 2021 Supp. 21-6811, 21-6820 and 22-3504 that can be given effect without the invalid provision or provisions or application, and to this end the amendments made to K.S.A. 2021 Supp. 21-6811, 21-6820 and 22-3504 are severable.History: L. 2019, ch. 59, § 16; May 23.
KS Stat § 21-6812 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6812 Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions.

21-6812. Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions. The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor may do any of the following:(a) Move for dismissal of other charges or counts;(b) recommend a particular sentence within the sentencing range applicable to the offense or to the offense to which the offender pled guilty;(c) recommend a particular sentence outside of the sentencing range only when departure factors exist and such factors are stated on the record;(d) agree to file a particular charge or count;(e) agree not to file charges or counts; or(f) make any other promise to the defendant, except that the prosecutor shall not enter into any agreement to decline to use a prior drug conviction of the defendant to elevate or enhance the severity level of a drug crime as provided in K.S.A. 2021 Supp. 21-5703, 21-5705 or 21-5706, and amendments thereto, or make any agreement to exclude any prior conviction from the criminal history of the defendant.History: L. 2010, ch. 136, § 293; July 1, 2011.
KS Stat § 21-6814 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6814 Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender.

21-6814. Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender. (a) The offender's criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge.(b) Except to the extent disputed in accordance with subsection (c), the summary of the offender's criminal history prepared for the court by the state shall satisfy the state's burden of proof regarding an offender's criminal history.(c) Upon receipt of the criminal history worksheet prepared for the court, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history worksheet. Such notice shall specify the exact nature of the alleged error. The state shall have the burden of proving the disputed portion of the offender's criminal history. The sentencing judge shall allow the state reasonable time to produce evidence to establish its burden of proof. If the offender later challenges such offender's criminal history, which has been previously established, the burden of proof shall shift to the offender to prove such offender's criminal history by a preponderance of the evidence.History: L. 2010, ch. 136, § 295; July 1, 2011.
KS Stat § 21-6816 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6816 Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.

21-6816. Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist. (a) The following aggravating factors apply to drug crimes and may be considered in determining whether substantial and compelling reasons for departure exist:(1) The crime was committed as part of a major organized drug manufacture, cultivation or distribution activity. Two or more of the following nonexclusive factors constitute evidence of major organized drug manufacture, cultivation or distribution activity:(A) The offender derived a substantial amount of money or asset ownership from the illegal drug activity.(B) The presence of a substantial quantity or variety of weapons or explosives at the scene of arrest or associated with the illegal drug activity.(C) The presence of drug transaction records or customer lists that indicate a drug activity of major size.(D) The presence of manufacturing or distribution materials such as, but not limited to, drug recipes, precursor chemicals, laboratory equipment, lighting, irrigation systems, ventilation, power-generation, scales or packaging material.(E) Building acquisitions or building modifications including, but not limited to, painting, wiring, plumbing or lighting which advanced or facilitated the commission of the offense.(F) Possession of large amounts of illegal drugs or substantial quantities of controlled substances.(G) A showing that the offender has engaged in repeated criminal acts associated with the manufacture, cultivation or distribution of controlled substances.(2) The offender possessed illegal drugs with the intent to distribute, which were distributed, or offered for distribution:(A) to a person under 18 years of age; or(B) in the immediate presence of a person under 18 years of age.(3) The offender, 18 or more years of age, employed, hired, used, persuaded, induced, enticed or coerced any individual under 16 years of age:(A) To violate any provision of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto;(B) to assist in avoiding detection or apprehension for violation of any provision of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto; or(C) to attempt, conspire or solicit, as defined in K.S.A. 2021 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, to commit a violation of any provision of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto.That the offender did not know the age of the individual under 16 years of age shall not be a consideration.(4) The offender was incarcerated during the commission of the offense.(b) In determining whether aggravating factors exist as provided in this section, the court shall review the victim impact statement.History: L. 2010, ch. 136, § 297; July 1, 2011.
KS Stat § 21-6818 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6818 Departure sentencing; limitations.

21-6818. Departure sentencing; limitations. (a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section. The sentencing judge shall not impose a downward dispositional departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 2021 Supp. 21-6815, and amendments thereto. The sentencing judge shall not impose a downward durational departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 2021 Supp. 21-6815, and amendments thereto, to less than 50% of the center of the range of the sentence for such crime.(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment:(1) The judge shall consider and apply the sentencing guidelines,  to impose a sentence that is proportionate to the severity of the crime of conviction and the offender's criminal history; and(2) the presumptive term of imprisonment set in such departure shall not total more than double the maximum duration of the presumptive imprisonment term.(c) When a sentencing judge imposes a prison term as a dispositional departure:(1) The judge shall consider and apply  the sentencing guidelines to impose a sentence that is proportionate to the severity of the crime of conviction; and(2) the term of imprisonment shall not exceed the maximum duration of the presumptive imprisonment term listed within the sentencing grid. Any sentence inconsistent with the provisions of this section shall constitute an additional departure and shall require substantial and compelling reasons independent of the reasons given for the dispositional departure.(d) If the sentencing judge imposes a nonprison sentence as a dispositional departure from the guidelines, the recommended duration shall be as provided in subsection (c) of K.S.A. 2021 Supp. 21-6608, and amendments thereto.History: L. 2010, ch. 136, § 299; L. 2011, ch. 30, § 82; July 1.
KS Stat § 21-6822 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6822 Sentencing guidelines; changes in; duties of sentencing commission and secretary of corrections; submission to legislature.

21-6822. Sentencing guidelines; changes in; duties of sentencing commission and secretary of corrections; submission to legislature. The Kansas sentencing commission shall meet as necessary for the purpose of modifying and improving the guidelines. The secretary of corrections shall notify the commission at any time when it is determined that prisons in the state have been filled to 90% or more of their overall capacity. The commission shall then propose modifications which amend the sentencing guidelines grid, including severity levels, criminal history scores or other factors which would result in the reduction of any sentence, as deemed necessary to maintain the prison population within the reasonable management capacity of the prisons as determined after consultation with the secretary of corrections. Such proposed modifications shall be submitted to the legislature by February 1 in any year in which the commission proposes to make the change. No change will be in effect without the approval of the legislature and the governor.History: L. 2010, ch. 136, § 303; July 1, 2011.
KS Stat § 21-6823 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6823 Costs and expenses associated with postconviction sanctions for felony convictions.

21-6823. Costs and expenses associated with postconviction sanctions for felony convictions. All costs and expenses associated with postconviction prison and nonprison sanctions imposed for felony convictions and time spent in a county jail pursuant to a nonprison sanction imposed for felony convictions shall be the responsibility of and paid by the state of Kansas.History: L. 2010, ch. 136, § 304; July 1, 2011.
KS Stat § 22-2101 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 21 - Title And Scope|22-2101 Title.

22-2101. Title. This code is called and may be cited as the Kansas code of criminal procedure.History: L. 1970, ch. 129, § 22-2101; July 1.
KS Stat § 22-2102 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 21 - Title And Scope|22-2102 Scope.

22-2102. Scope. The provisions of this code shall govern proceedings in all criminal cases in the courts of the state of Kansas, but shall have application to proceedings in police and municipal courts only when specifically provided by law.History: L. 1970, ch. 129, § 22-2102; L. 1971, ch. 114, § 1; July 1.
KS Stat § 22-2103 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 21 - Title And Scope|22-2103 Purpose and construction.

22-2103. Purpose and construction. This code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.History: L. 1970, ch. 129, § 22-2103; July 1.
KS Stat § 22-2104 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 21 - Title And Scope|22-2104 Prosecutions in the name of state.

22-2104. Prosecutions in the name of state. All prosecutions for violations of the criminal laws of this state shall be in the name of the state of Kansas.History: L. 1970, ch. 129, § 22-2104; July 1.
KS Stat § 22-2201 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 22 - General Definitions|22-2201 Interpretation of words and phrases.

22-2201. Interpretation of words and phrases. (1) In interpreting this code, such words and phrases as are defined in this article shall be given the meanings indicated by their definitions, unless a particular context clearly requires a different meaning.(2) Words or phrases not defined in this code but which are defined in the Kansas criminal code shall have the meanings given therein except when a particular context clearly requires different meanings.(3) Words and phrases used in this code and not expressly defined shall be construed according to the rules governing the construction of statutes of this state.History: L. 1970, ch. 129, § 22-2201; July 1.
KS Stat § 22-2301 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 23 - Preliminary Proceedings|22-2301 Commencement of prosecution.

22-2301. Commencement of prosecution. (1) Unless otherwise provided by law, a prosecution shall be commenced by filing a complaint with a magistrate. A copy of the complaint shall forthwith be supplied to the county attorney of the county and a copy thereof shall be furnished to the defendant or said defendant's attorney upon request.(2) A judge of the district court may in extreme cases, upon affidavits filed with such judge of the commission of a crime, order the county attorney to institute criminal proceedings against any person, but any such judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with any other judge appointed to preside therein.History: L. 1970, ch. 129, § 22-2301; L. 1976, ch. 163, § 2; Jan. 10, 1977.
KS Stat § 22-2303 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 23 - Preliminary Proceedings|22-2303 Prosecution begun by filing indictment or information; issuance of warrant; summons.

22-2303. Prosecution begun by filing indictment or information; issuance of warrant; summons. (1) When an indictment is returned, as provided by K.S.A. 22-3011, and amendments thereto, a prosecution shall be deemed to have been begun. In misdemeanor cases, cigarette or tobacco infraction cases and traffic infraction cases a prosecution may be begun by filing an information in the district court. Such information shall be verified positively or shall be accompanied by affidavits stating the facts constituting the crime charged. When an information is filed under this section further proceedings shall be had only after the judge has determined from the information, or from an affidavit or affidavits filed with the information or from other evidence that there is probable cause to believe both that a crime has been committed and that the defendant has committed it.(2) Except in traffic infraction and cigarette or tobacco infraction cases, when a prosecution is begun by the filing of an indictment or information, upon which the judge has made a finding of probable cause as provided in subsection (1), a warrant for the arrest of the defendant shall issue forthwith unless otherwise directed by the court. In felony and misdemeanor cases, the court may order that a summons issue instead of a warrant. In traffic infraction and cigarette or tobacco infraction cases the court shall order that a summons issue instead of a warrant.History: L. 1970, ch. 129, § 22-2303; L. 1971, ch. 114, § 3; L. 1984, ch. 39, § 36; L. 1996, ch. 214, § 28; L. 2007, ch. 56, § 1; July 1.
KS Stat § 22-2304 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 23 - Preliminary Proceedings|22-2304 Form of warrant or summons.

22-2304. Form of warrant or summons. (a) The warrant shall be signed by the magistrate and shall contain the name of the defendant, or, if such defendant's name is unknown, any name or description by which such defendant can be identified with reasonable certainty. A defendant may be identified with reasonable certainty by a description of the defendant's unique DNA profile, including, but not limited to, an analysis of short tandem repeats (STRs) amplified by the polymerase chain reaction (PCR) technique. The warrant shall describe the crime charged in the complaint. The warrant shall command that the defendant be arrested and brought before a magistrate, as provided by law. The amount of the appearance bond to be required shall be stated in the warrant.(b) The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place. The summons shall be signed by the magistrate or the clerk of the court.History: L. 1970, ch. 129, § 22-2304; L. 2011, ch. 39, § 1; July 1.