reglab/housing_qa huggingface dataset:
KS Stat § 21-6628 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 66 - Sentencing|21-6628 Provisions of certain sentencing rules held unconstitutional; modification of sentence previously determined.

21-6628. Provisions of certain sentencing rules held unconstitutional; modification of sentence previously determined. (a) In the event the term of imprisonment for life without the possibility of parole or any provision of K.S.A. 2021 Supp. 21-6626 or 21-6627, and amendments thereto, authorizing such term is held to be unconstitutional by the supreme court of Kansas or the United States supreme court, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall modify the sentence to require no term of imprisonment for life without the possibility of parole and shall sentence the defendant to the maximum term of imprisonment otherwise provided by law.(b) In the event a sentence of death or any provision of chapter 252 of the 1994 Session Laws of Kansas authorizing such sentence is held to be unconstitutional by the supreme court of Kansas or the United States supreme court, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall modify the sentence and resentence the defendant as otherwise provided by law.(c) In the event the mandatory term of imprisonment or any provision of chapter 341 of the 1994 Session Laws of Kansas authorizing such mandatory term is held to be unconstitutional by the supreme court of Kansas or the United States supreme court, the court having jurisdiction over a person previously sentenced shall cause such person to be brought before the court and shall modify the sentence to require no mandatory term of imprisonment and shall sentence the defendant as otherwise provided by law.History: L. 2010, ch. 136, § 268; L. 2011, ch. 30, § 74; July 1.
KS Stat § 21-6629 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 66 - Sentencing|21-6629 Application of prior law and current law.

21-6629. Application of prior law and current law. (a) The provisions of K.S.A. 21-4622 through 21-4630, as they existed immediately prior to July 1, 1994, shall be applicable only to persons convicted of crimes committed on or after July 1, 1990, and before July 1, 1994.(b) The provisions of K.S.A. 21-4622 through 21-4627 and 21-4629 and 21-4630, as amended on July 1, 1994 and prior to their repeal, and K.S.A. 2021 Supp. 21-6617, 21-6618, 21-6619, 21-6622, 21-6624, 21-6625 and subsection (b) of 21-6628, and amendments thereto, shall be applicable only to persons convicted of crimes committed on or after July 1, 1994.(c) K.S.A. 21-4633 through 21-4640, prior to their repeal, and K.S.A. 2021 Supp. 21-6620 through 21-6625 and subsection (c) of 21-6628, and amendments thereto, shall be applicable only to persons convicted of crimes committed on or after July 1, 1994.History: L. 2010, ch. 136, § 269; L. 2011, ch. 30, § 75; July 1.
KS Stat § 21-6701 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6701 Classes of felonies and terms of imprisonment; crimes committed prior to July 1, 1993.

21-6701. Classes of felonies and terms of imprisonment; crimes committed prior to July 1, 1993. For the purpose of sentencing, the following classes of felonies and terms of imprisonment authorized for each class are established:(a) Class A, the sentence for which shall be imprisonment for life.(b) Class B, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be fixed by the court at not less than five years nor more than 15 years and the maximum of which shall be fixed by the court at not less than 20 years nor more than life.(c) Class C, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be fixed by the court at not less than three years nor more than five years and the maximum of which shall be fixed by the court at not less than 10 years nor more than 20 years.(d) Class D, the sentence for which shall be an indeterminate term of imprisonment fixed by the court as follows:(1) For a crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to such section's repeal a minimum of not less than two years nor more than three years and a maximum of not less than five years nor more than 10 years; and(2) for any other crime, a minimum of not less than one year nor more than three years and a maximum of not less than five years nor more than 10 years.(e) Class E, the sentence for which shall be an indeterminate term of imprisonment, the minimum of which shall be one year and the maximum of which shall be fixed by the court at not less than two years nor more than five years.(f) Unclassified felonies, which shall include all crimes declared to be felonies without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime. If no sentence is provided in the statute, the offender shall be sentenced as for a class E felony.(g) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.History: L. 2010, ch. 136, § 270; July 1, 2011.
KS Stat § 21-6703 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6703 Presentence investigation and report.

21-6703. Presentence investigation and report. (a) Whenever a defendant is convicted of a misdemeanor, the court before which the conviction is had may request a presentence investigation by a court services officer. Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court services officer or in accordance with K.S.A. 2021 Supp. 21-6702, and amendments thereto, unless the court finds that adequate and current information is available in a previous presentence investigation report or from other sources.(b) Whenever a presentence report is requested, the court services officer, with the assistance of the county or district attorney, shall secure, except for good cause shown, information concerning:(1) The circumstances of the offense and any mitigating or aggravating factors involved in the defendant's behavior;(2) the attitude of the complainant or victim and, if possible in homicide cases, the victim's immediate family;(3) the criminal record, social history and present condition of the defendant; and(4) any other facts or circumstances that may aid the court in sentencing, which may include, but is not limited to, the financial, social, psychological, physical or other harm or loss suffered by victims of the offense and the restitution needs of such victims. Except where specifically prohibited by law, all local governmental and state agencies shall furnish to the officer conducting the presentence investigation any records requested by the officer. If ordered by the court, the presentence investigation shall include a physical and mental examination of the defendant.(c) Presentence investigation reports shall be in the form and contain the information prescribed by rule of the supreme court, and shall contain any other information prescribed by the district court.(d) The judicial administrator of the courts shall confer and consult with the secretary of corrections when considering changes or revisions in the form and content of presentence investigation reports so that the reports will be in such form and contain such information as will be of assistance to the secretary in exercising or performing the secretary's functions, powers and duties.(e) The provisions of this section shall not apply to felony crimes committed on or after July 1, 1993.History: L. 2010, ch. 136, § 272; July 1, 2011.
KS Stat § 21-6704 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6704 Availability of reports to counsel; exception.

21-6704. Availability of reports to counsel; exception. (a) (1) The judge shall make available to the attorney for the state or counsel for the defendant the presentence report, any report that may be received from the Topeka correctional facility or the state security hospital and other diagnostic reports and shall allow the attorney or counsel a reasonable time to review the report before sentencing the defendant.(2) The court shall permit the attorney for the state or the counsel for the defendant to copy and retain any of the reports under subsection (a)(1). Any reports copied and retained shall be kept in the records of the attorney for the state or the counsel for the defendant. All costs of copying such reports shall be paid by the office of the attorney for the state or the counsel for the defendant making the request.(b) The presentence report shall become part of the court record and shall be accessible to the public, except that the official version, the defendant's version, the victim's statement, any psychological reports and any drug and alcohol reports shall be accessible only to the attorney for the state and the counsel for the defendant, the sentencing judge, the department of corrections and if requested, the Kansas sentencing commission. If the offender is committed to the custody of the secretary of corrections, the report shall be sent to the secretary and, in accordance with K.S.A. 75-5220, and amendments thereto, to the warden of the state correctional institution to which the defendant is conveyed.(c) For felony crimes committed on or after July 1, 1993, the provisions of this section are not applicable to the presentence investigation report.History: L. 2010, ch. 136, § 273; July 1, 2011.
KS Stat § 21-6705 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6705 Criteria for fixing minimum terms.

21-6705. Criteria for fixing minimum terms. (a) In sentencing a person to prison, the court, having regard to the nature and circumstances of the crime and the history, character and condition of the defendant, shall fix the lowest minimum term which, in the opinion of such court, is consistent with the public safety, the needs of the defendant, and the seriousness of the defendant's crime.(b) The following factors, while not controlling, shall be considered by the court in fixing the minimum term of imprisonment:(1) The defendant's history of prior criminal activity;(2) the extent of the harm caused by the defendant's criminal conduct;(3) whether the defendant intended that the defendant's criminal conduct would cause or threaten serious harm;(4) the degree of the defendant's provocation;(5) whether there were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;(6) whether the victim of the defendant's criminal conduct induced or facilitated its commission; and(7) whether the defendant has compensated or will compensate the victim of the defendant's criminal conduct for the damage or injury that the victim sustained.(c) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.History: L. 2010, ch. 136, § 274; July 1, 2011.
KS Stat § 21-6707 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6707 Mandatory imprisonment for crimes involving firearms.

21-6707. Mandatory imprisonment for crimes involving firearms. (a) Except as provided in subsection (c), probation, assignment to a community correctional services program or suspension of sentence shall not be granted to any defendant who is convicted of the commission of the crime of rape, the crime of aggravated sodomy or any crime set out in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, in which the defendant used any firearm in the commission thereof and such defendant shall be sentenced to not less than the minimum sentence of imprisonment authorized by law for that crime. This section shall not apply to any crime committed by a person under 18 years of age.(b) When a court has sentenced a defendant as provided above, the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced pursuant to this section based on a finding by the court that a firearm was so used.(c) The provisions of this section shall not apply to any crime committed by a person where such application would result in a manifest injustice.(d) The provisions of this section shall not apply to any crime committed on or after July 1, 1993.History: L. 2010, ch. 136, § 276; July 1, 2011.
KS Stat § 21-6708 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6708 Presumptive sentence of probation for certain class D or E felons.

21-6708. Presumptive sentence of probation for certain class D or E felons. The presumptive sentence for a person who has never before been convicted of a felony, but has now been convicted of a class D or E felony or convicted of an attempt to commit a class D felony shall be probation, unless the conviction is of a crime or of an attempt to commit a crime specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated, prior to their repeal, or in the uniform controlled substances act or the person convicted is a juvenile offender in the custody of the Kansas department for children and families. In determining whether to impose the presumptive sentence, the court shall consider any prior record of the person's having been convicted or having been adjudicated to have committed, while a juvenile, an offense which would constitute a felony if committed by an adult. If the presumptive sentence provided by this section is not imposed, the provisions of K.S.A. 2021 Supp. 21-6709, and amendments thereto, shall apply. The provisions of this section shall not apply to crimes committed on or after July 1, 1993.History: L. 2010, ch. 136, § 277; L. 2014, ch. 115, § 25; July 1.
KS Stat § 21-6709 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6709 Presumptive sentence of assignment to community correctional services program for certain class D or E felons; aggravating circumstances to be considered.

21-6709. Presumptive sentence of assignment to community correctional services program for certain class D or E felons; aggravating circumstances to be considered. (a) If probation is not granted pursuant to K.S.A. 2021 Supp. 21-6708, and amendments thereto, subject to the provisions of K.S.A. 75-5291, and amendments thereto, the presumptive sentence for a person convicted of a class D or E felony shall be assignment to a community correctional services program on terms the court determines.(b) In determining whether to impose the presumptive sentence provided by this section, the court shall consider whether any of the following aggravating circumstances existed:(1) Whether the crime is a felony violation of the uniform controlled substances act or an attempt to commit such an offense;(2) whether the crime is a crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or an attempt to commit such an offense; or(3) any prior record of the person's having been convicted of a felony or having been adjudicated to have committed, while a juvenile, an offense which would constitute a felony if committed by an adult.(c) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.History: L. 2010, ch. 136, § 278; July 1, 2011.
KS Stat § 21-6710 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6710 Fines; crimes committed prior to July 1, 1993.

21-6710. Fines; crimes committed prior to July 1, 1993. (a) Except as provided in subsection (b), a person who has been convicted of a felony may, in addition to or instead of the imprisonment authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:(1) For a class B or C felony, a sum not exceeding $15,000.(2) For a class D or E felony, a sum not exceeding $10,000.(b) A person who has been convicted of a felony violation of or any attempt or conspiracy to commit a felony violation of any provision of the uniform controlled substances act may, in addition to or instead of the imprisonment authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:(1) For a class A felony, a sum not exceeding $500,000.(2) For a class B or C felony, a sum not exceeding $300,000.(3) For a class D or E felony, a sum not exceeding $100,000.(c) A person who has been convicted of a misdemeanor may, in addition to or instead of the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:(1) For a class A misdemeanor, a sum not exceeding $2,500.(2) For a class B misdemeanor, a sum not exceeding $1,000.(3) For a class C misdemeanor, a sum not exceeding $500.(4) For an unclassified misdemeanor, any sum authorized by the statute that defines the crime; if no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C misdemeanor.(d) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.(e) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which shall be fixed by the court not exceeding $500.(f) The provisions of this section shall not apply to crimes committed on or after July 1, 1993.History: L. 2010, ch. 136, § 279; July 1, 2011.
KS Stat § 21-6712 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 67 - Sentencing; Crimes Committed Prior To July 1, 1993|21-6712 Order transferring custody to corrections.

21-6712. Order transferring custody to corrections. If the defendant is to be sentenced to the secretary of corrections, the court shall issue an order of commitment to cause the transfer of custody of the defendant over to the secretary. Such order may be made part of the sentencing document whether that be the judgment form or the journal entry. The commitment order shall be supported by the record of judgment of conviction and sentence, whether by judgment form or by journal entry, and delivered with the defendant to the correctional institution.History: L. 2010, ch. 136, § 281; July 1, 2011.
KS Stat § 21-6801 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6801 Citation of article.

21-6801. Citation of article. K.S.A. 2021 Supp. 21-6801 through 21-6824, and amendments thereto, shall be known and may be cited as the revised Kansas sentencing guidelines act.History: L. 2010, ch. 136, § 282; July 1, 2011.
KS Stat § 21-6802 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6802 Basis for applying sentencing guidelines and prosecuting standards; sentencing court to consider alternatives determining appropriate sentence; determination of time when crime committed; law applicable.

21-6802. Basis for applying sentencing guidelines and prosecuting standards; sentencing court to consider alternatives determining appropriate sentence; determination of time when crime committed; law applicable. (a) The sentencing guidelines and prosecuting standards, as contained in K.S.A. 2021 Supp. 21-6801 through 21-6824, and amendments thereto, shall apply equally to all offenders in all parts of the state.(b) The sentencing court may consider in all cases a range of alternatives with gradations of supervisory, supportive and custodial facilities at its disposal so as to permit a sentence appropriate for each individual case, consistent with these guidelines and the permitted dispositional and durational departures contained in K.S.A. 2021 Supp. 21-6801 through 21-6824, and amendments thereto.(c) Except as otherwise provided, the sentencing guidelines and prosecuting standards shall be applicable to felony crimes committed on or after July 1, 1993, and shall have no application to crimes committed prior to July 1, 1993. If it cannot be determined whether the crime was committed on or after July 1, 1993, the person convicted of committing such crime shall be sentenced as if such crime had been committed prior to July 1, 1993. A crime is committed prior to July 1, 1993, if any of the essential elements of the crime as then defined occurred before July 1, 1993. Except as provided in K.S.A. 21-4724, prior to its repeal, prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed.History: L. 2010, ch. 136, § 283; July 1, 2011.
KS Stat § 21-6806 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 68 - Revised Sentencing Guidelines|21-6806 Sentences of imprisonment, good time; pronouncement of sentence in felony cases; off-grid crimes.

21-6806. Sentences of imprisonment, good time; pronouncement of sentence in felony cases; off-grid crimes. (a) Sentences of imprisonment shall represent the time a person shall actually serve, subject to a reduction of the primary sentence for good time as authorized by K.S.A. 2021 Supp. 21-6821, and amendments thereto.(b) The sentencing court shall pronounce sentence in all felony cases.(c) Violations of K.S.A. 2021 Supp. 21-5401, 21-5402, 21-5421, 21-5422 and 21-5901, and amendments thereto, are off-grid crimes for the purpose of sentencing. Except as otherwise provided by K.S.A. 2021 Supp. 21-6617, 21-6618, 21-6619, 21-6622, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments thereto, the sentence shall be imprisonment for life and shall not be subject to statutory provisions for suspended sentence, community service or probation.(d) As identified in K.S.A. 2021 Supp. 21-5426, 21-5503, 21-5504, 21-5506, 21-5510, 21-5514 and 21-6422, and amendments thereto, if the offender is 18 years of age or older and the victim is under 14 years of age, such violations are off-grid crimes for the purposes of sentencing. Except as provided in K.S.A. 2021 Supp. 21-6626, and amendments thereto, the sentence shall be imprisonment for life pursuant to K.S.A. 2021 Supp. 21-6627, and amendments thereto.History: L. 2010, ch. 136, § 287; L. 2013, ch. 120, § 22; L. 2017, ch. 78, § 18; July 1.