reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6602 Classification of misdemeanors and terms of confinement; possible disposition.

21-6602. Classification of misdemeanors and terms of confinement; possible disposition.
(a) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established:
(1) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year;
(2) class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;
(3) class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and
(4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors 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 penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.
(b) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 21-6611, and amendments thereto, instead of or in addition to confinement, as provided in this section.
(c) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary for aging and disability services.
(d) Except as provided in subsection (e), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under K.S.A. 8-1599, 41-719 or 41-727 or K.S.A. 21-5701 through 21-5717, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.
(e) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (d) are permissive and not mandatory.
History:
L. 2010, ch. 136, § 242; L. 2011, ch. 30, § 62; L. 2014, ch. 115, § 23; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6605 Custody of persons sentenced to confinement; notice of modification of sentence.

21-6605. Custody of persons sentenced to confinement; notice of modification of sentence.
(a) When a person is sentenced to imprisonment upon conviction of a felony, the judgment of the court shall order that such person be committed, for such term or terms as the court may direct, to the custody of the secretary of corrections. When such person is sentenced to the custody of the secretary of corrections and such sentence is subsequently modified in any respect, including discharge of such defendant from custody, by a court of this state having jurisdiction of such matter, such court shall thereupon notify the secretary of corrections of the nature of such modification.
(b) The secretary of corrections may designate as the place of confinement any available and suitable correctional institution or facility maintained by the state of Kansas or a political subdivision thereof.
(c) Any person serving a sentence of imprisonment may be transferred from one institution to another by order of the secretary of corrections.
History:
L. 2010, ch. 136, § 245; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6611 Fines; crimes committed on or after July 1, 1993.

21-6611. Fines; crimes committed on or after July 1, 1993.
(a) A person who has been convicted of a felony may, in addition to the sentence authorized by law, be ordered to pay a fine which shall be fixed by the court as follows:
(1) For any off-grid felony crime, or any felony ranked in severity level 1 of the drug grid committed prior to July 1, 2012, or in severity levels 1 or 2 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $500,000;
(2) for any felony ranked in severity levels 1 through 5 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity levels 2 or 3 of the drug grid committed prior to July 1, 2012, or in severity levels 3 or 4 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $300,000; and
(3) for any felony ranked in severity levels 6 through 10 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity level 4 of the drug grid committed prior to July 1, 2012, or in severity level 5 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $100,000.
(b) A person who has been convicted of a misdemeanor, in addition to or instead of the imprisonment authorized by law, may 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; and
(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.
(c) 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.
(d) 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.
(e) A person who has been convicted of a cigarette or tobacco infraction shall be sentenced to pay a fine of $25.
(f) The provisions of this section shall apply to crimes committed on or after July 1, 1993.
History:
L. 2010, ch. 136, § 251; L. 2012, ch. 150, § 31; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6612 Criteria for imposing fines.

21-6612. Criteria for imposing fines.
(a) When the law authorizes any other disposition, a fine shall not be imposed as the sole and exclusive punishment unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, the court finds that the fine alone suffices for the protection of the public.
(b) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment, probation or assignment to a community correctional services program unless:
(1) The defendant has derived a pecuniary gain from the crime; or
(2) the court finds that a fine is adapted to deterrence of the crime involved or to the correction of the offender.
(c) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
(d) If a fine is ordered pursuant to subsection (b), the court's findings regarding the requirements of subsections (b) and (c) shall be stated on the record.
History:
L. 2010, ch. 136, § 252; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6613 Rights of imprisoned persons; restoration.

21-6613. Rights of imprisoned persons; restoration.
(a) A person who has been convicted in any state or federal court of a felony shall, by reason of such conviction, be ineligible to hold any public office under the laws of the state of Kansas, or to register as a voter or to vote in any election held under the laws of the state of Kansas or to serve as a juror in any civil or criminal case.
(b) The ineligibilities imposed by this section shall attach upon conviction and shall continue until such person has completed the terms of the authorized sentence.
(c) The ineligibilities imposed upon a convicted person by this section shall be in addition to such other penalties as may be provided by law.
History:
L. 2010, ch. 136, § 253; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6615 Deduction of time spent in confinement, residential facility, conservation camp or community correctional residential services program.

21-6615. Deduction of time spent in confinement, residential facility, conservation camp or community correctional residential services program.
(a) In any criminal action in which the defendant is convicted, the judge, if the judge sentences the defendant to confinement, shall direct that for the purpose of computing defendant's sentence and parole eligibility and conditional release dates thereunder, that such sentence is to be computed from a date, to be specifically designated by the court in the sentencing order of the journal entry of judgment. Such date shall be established to reflect and shall be computed as an allowance for the time which the defendant has spent incarcerated pending the disposition of the defendant's case. In recording the commencing date of such sentence the date as specifically set forth by the court shall be used as the date of sentence and all good time allowances as are authorized by the secretary of corrections are to be allowed on such sentence from such date as though the defendant were actually incarcerated in any of the institutions of the state correctional system.
(b) In any criminal action in which probation, assignment to a conservation camp or assignment to community corrections is revoked and the defendant is sentenced to confinement, for the purpose of computing the defendant's sentence and parole eligibility and conditional release date, the defendant's sentence is to be computed from a date, hereafter to be specifically designated in the sentencing order of the journal entry of judgment. Such date shall be established to reflect and shall be computed as an allowance for the time which the defendant has spent in a residential facility while on probation, assignment to a conservation camp or assignment to community correctional residential services program. The commencing date of such sentence shall be used as the date of sentence and all good time allowances as are authorized by law are to be allowed on such sentence from such date as though the defendant were actually incarcerated in a correctional institution.
(c) Such credit is not to be considered to reduce the minimum or maximum terms of confinement authorized by law for the offense of which the defendant has been convicted.
History:
L. 2010, ch. 136, § 255; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6616 Parole from sentence imposed by district magistrate judge.

21-6616. Parole from sentence imposed by district magistrate judge.
Any person confined in jail under judgment of conviction before a district magistrate judge may be paroled, such person's parole terminated and absolute discharge granted by a district judge having jurisdiction of appeals from such district magistrate judge in criminal cases, in the same manner and subject to the same restrictions as if such person had been convicted in and placed on probation by such district judge.
History:
L. 2010, ch. 136, § 256; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6618 Sentencing.

21-6618. Sentencing.
Upon conviction of a defendant of capital murder and a finding that the defendant was less than 18 years of age at the time of the commission thereof, the court shall sentence the defendant as otherwise provided by law, and no sentence of death or life without the possibility of parole shall be imposed hereunder.
History:
L. 2010, ch. 136, § 258; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6619 Automatic review by and appeal to supreme court.

21-6619. Automatic review by and appeal to supreme court.
(a) A judgment of conviction resulting in a sentence of death shall be subject to automatic review by and appeal to the supreme court of Kansas in the manner provided by the applicable statutes and rules of the supreme court governing appellate procedure. The review and appeal shall be expedited in every manner consistent with the proper presentation thereof and given priority pursuant to the statutes and rules of the supreme court governing appellate procedure.
(b) The supreme court of Kansas shall consider the question of sentence as well as any errors asserted in the review and appeal and shall be authorized to notice unassigned errors appearing of record if the ends of justice would be served thereby.
(c) With regard to the sentence, the court shall determine:
(1) Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor; and
(2) whether the evidence supports the findings that an aggravating circumstance or circumstances existed and that any mitigating circumstances were insufficient to outweigh the aggravating circumstances.
(d) The court shall be authorized to enter such orders as are necessary to effect a proper and complete disposition of the review and appeal.
History:
L. 2010, ch. 136, § 259; L. 2011, ch. 30, § 69; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6621 Sentencing of certain persons to mandatory term of imprisonment of 40 years; juveniles prosecuted as adults.

21-6621. Sentencing of certain persons to mandatory term of imprisonment of 40 years; juveniles prosecuted as adults.
If the court authorizes prosecution as an adult of a juvenile pursuant to K.S.A. 38-2347, and amendments thereto, the county or district attorney may proceed pursuant to K.S.A. 21-6620, 21-6622, 21-6623, 21-6624 and 21-6625, and amendments thereto.
History:
L. 2010, ch. 136, § 261; July 1, 2011.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6623 Imposition of sentence of mandatory imprisonment of 40 or 50 years.

21-6623. Imposition of sentence of mandatory imprisonment of 40 or 50 years.
When it is provided by law that a person shall be sentenced pursuant to this section, such person shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. Except as otherwise provided in this section, in addition, a person sentenced pursuant to this section shall not be eligible for parole prior to serving 40 years' imprisonment, and such 40 years' imprisonment shall not be reduced by the application of good time credits. For crimes committed on or after July 1, 1999, a person sentenced pursuant to this section shall not be eligible for parole prior to serving 50 years' imprisonment, and such 50 years' imprisonment shall not be reduced by the application of good time credits. For crimes committed on or after July 1, 2006, a mandatory minimum term of imprisonment of 50 years shall not apply if the court finds that the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 600 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range, the defendant shall not be eligible for parole prior to serving such mandatory minimum term of imprisonment, and such mandatory minimum term of imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted. Upon sentencing a defendant pursuant to this section, the court shall commit the defendant to the custody of the secretary of corrections and 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 K.S.A. 21-6623, and amendments thereto.
History:
L. 2010, ch. 136, § 263; L. 2017, ch. 92, § 3; July 1.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6624 Aggravating circumstances.

21-6624. Aggravating circumstances.
Aggravating circumstances shall be limited to the following:
(a) The defendant was previously convicted of a felony in which the defendant inflicted great bodily harm, disfigurement, dismemberment or death on another.
(b) The defendant knowingly or purposely killed or created a great risk of death to more than one person.
(c) The defendant committed the crime for the defendant's self or another for the purpose of receiving money or any other thing of monetary value.
(d) The defendant authorized or employed another person to commit the crime.
(e) The defendant committed the crime in order to avoid or prevent a lawful arrest or prosecution.
(f) The defendant committed the crime in an especially heinous, atrocious or cruel manner. A finding that the victim was aware of such victim's fate or had conscious pain and suffering as a result of the physical trauma that resulted in the victim's death is not necessary to find that the manner in which the defendant killed the victim was especially heinous, atrocious or cruel. Conduct which is heinous, atrocious or cruel may include, but is not limited to:
(1) Prior stalking of or criminal threats to the victim;
(2) preparation or planning, indicating an intention that the killing was meant to be especially heinous, atrocious or cruel;
(3) infliction of mental anguish or physical abuse before the victim's death;
(4) torture of the victim;
(5) continuous acts of violence begun before or continuing after the killing;
(6) desecration of the victim's body in a manner indicating a particular depravity of mind, either during or following the killing; or
(7) any other conduct the trier of fact expressly finds is especially heinous.
(g) The defendant committed the crime while serving a sentence of imprisonment on conviction of a felony.
(h) The victim was killed while engaging in, or because of the victim's performance or prospective performance of, the victim's duties as a witness in a criminal proceeding.
History:
L. 2010, ch. 136, § 264; L. 2013, ch. 1, § 2 (Special Session); September 6.
2023 Kansas Statutes › Chapter 21 - Crimes And Punishments › Article 66 - Sentencing › 21-6625 Mitigating circumstances.

21-6625. Mitigating circumstances.
(a) Mitigating circumstances shall include, but are not limited to, the following:
(1) The defendant has no significant history of prior criminal activity.
(2) The crime was committed while the defendant was under the influence of extreme mental or emotional disturbances.
(3) The victim was a participant in or consented to the defendant's conduct.
(4) The defendant was an accomplice in the crime committed by another person, and the defendant's participation was relatively minor.
(5) The defendant acted under extreme distress or under the substantial domination of another person.
(6) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.
(7) The age of the defendant at the time of the crime.
(8) At the time of the crime, the defendant was suffering from posttraumatic stress syndrome caused by violence or abuse by the victim.
(b) Pursuant to hearing under K.S.A. 21-6617, and amendments thereto, mitigating circumstances shall include circumstances where a term of imprisonment is found to be sufficient to defend and protect the people's safety from the defendant.
History:
L. 2010, ch. 136, § 265; July 1, 2011.
2023 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. 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.
2023 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. 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. 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.
2023 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.
2023 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. 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.
2023 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.
2023 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.
2023 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.
2023 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. 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.
2023 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. 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.
2023 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.
2023 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.
2023 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. 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.
2023 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. 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. 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.
2023 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. 21-6821, and amendments thereto.
(b) The sentencing court shall pronounce sentence in all felony cases.
(c) Violations of K.S.A. 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. 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. 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. 21-6626, and amendments thereto, the sentence shall be imprisonment for life pursuant to K.S.A. 21-6627, and amendments thereto.
History:
L. 2010, ch. 136, § 287; L. 2013, ch. 120, § 22; L. 2017, ch. 78, § 18; July 1.
2023 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. 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.
2023 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. 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. 21-5301, 21-5302 and 21-5303, and amendments thereto.
History:
L. 2010, ch. 136, § 289; L. 2012, ch. 150, § 34; July 1.