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Sentencing
Determinacy Type1: Determinate
Year Adopted: 1993
Standard Good Time:

GOOD TIME:2 

  • Inmates who demonstrate good work and behavior are eligible to earn good time credits which decrease part of the term of their incarceration. 
    • Inmates sentenced under the indeterminate sentencing structure are eligible to earn good time credits at a rate of 50 percent (one day earned for one day served).
    • Inmates sentenced under the determinate sentencing structure are eligible to earn good time credits at a rate of either 15 percent or 20 percent, depending on the date the crime was committed. Offenders sentenced under the determinate sentencing structure are also eligible to earn good time credits during their period of post-release supervision at a rate of 50 percent.
    • Good time credits may be withheld or forfeited for failure to comply with rules and regulations, resulting in the inmate remaining in prison for a longer period of time. 
    • Good time credits withheld or forfeited on post-release supervision will result in the offender remaining under supervision for a longer period of time.
  • Upon completion of the prison portion of the imposed sentence, an inmate may be released to serve a term of post-release supervision, plus the amount of good time earned and retained while imprisoned. 
    • If the inmate is released to post release and finishes the post release without being revoked, the offender will then start serving the good time the offender earned while incarcerated.
    • If the offender is on post release and is revoked, the offender will be brought back in to a correctional facility. 
    • If the inmate is a parole violator and was sentenced under the indeterminate sentencing law, the inmate would be held until seen by the Kansas Parole Board.

Habitual Offender Law Types:
Two Strikes, Three Strikes
Habitual Offender Laws:

21-6706. Conviction of second and subsequent felonies; exception (sa.)3 

  • If a defendant is convicted of a felony specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated, the punishment for which is confinement in the custody of the secretary of corrections after having previously been convicted of any such felony or comparable felony under the laws of another state, the federal government or a foreign government, the trial judge may sentence the defendant as follows, upon motion of the prosecuting attorney:
    • The court may fix a minimum sentence of not less than the least nor more than twice the greatest minimum sentence authorized by K.S.A. 21-4501 and amendments thereto, for the crime for which the defendant is convicted; and 
    • the court may fix a maximum sentence of not less than the least nor more than twice the greatest maximum sentence provided for the crime by K.S.A. 21-4501 and amendments thereto.
  • If a defendant is convicted of a felony specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated; having been convicted at least twice before for any such felony offenses or comparable felony offenses under the laws of another state, the federal government or a foreign government, the trial judge shall sentence the defendant as follows, upon motion of the prosecuting attorney:
    • The court shall fix a minimum sentence of not less than the greatest nor more than three times the greatest minimum sentence authorized for the crime for which the defendant is convicted by K.S.A. 21-4501 and amendments thereto; and 
    • the court may fix a maximum sentence of not less than the least nor more than three times the greatest maximum sentence provided for the crime by K.S.A. 21-4501 and amendments thereto.
  • If a defendant is convicted of a felony other than a felony specified in article 34, 35 or 36 of chapter 21 of Kansas Statutes Annotated, having been convicted at least twice before for any such felony offenses or comparable felony offenses under the laws of another state, the federal government or a foreign government, the trial judge shall sentence the defendant as follows, upon motion of the prosecuting attorney:
    • The court shall fix a minimum sentence of not less than the greatest nor more than two times the greatest minimum sentence authorized for the crime for which the defendant is convicted by K.S.A. 21-4501 and amendments thereto; and
    • the court may fix a maximum sentence of not less than the least nor more than two times the greatest maximum sentence provided for the crime by K.S.A. 21-4501 and amendments thereto.
  • If any portion of a sentence imposed under K.S.A. 21-107a, and amendments thereto, or under this section, is determined to be invalid by any court because a prior felony conviction is itself invalid, upon resentencing the court may consider evidence of any other prior felony conviction that could have been utilized under K.S.A. 21-107a, and amendments thereto, or under this section, at the time the original sentence was imposed, whether or not it was introduced at that time, except that if the defendant was originally sentenced as a second offender, the defendant shall not be resentenced as a third offender. 
  • The provisions of this section shall not be applicable to:
    • Any person convicted of a felony of which a prior conviction of a felony is a necessary element;
    • any person convicted of a felony for which a prior conviction of such felony is considered in establishing the class of felony for which the person may be sentenced; or
    • any felony committed on or after July 1, 1993.
  • A judgment may be rendered pursuant to this section only after the court finds from competent evidence the fact of former convictions for felony committed by the prisoner, in or out of the state.

21-6626. Aggravated habitual sex offender; sentence to imprisonment for life without parole.4 

  • An aggravated habitual sex offender shall be sentenced to imprisonment for life without the possibility of parole. Such offender shall spend the remainder of the offender's natural life incarcerated and in the custody of the secretary of corrections. An offender who is sentenced to imprisonment for life without the possibility of parole shall not be eligible for parole, probation, assignment to a community correctional services program, conditional release, postrelease supervision, or suspension, modification or reduction of sentence.
  • Upon sentencing a defendant to imprisonment for life without the possibility of parole, 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 to imprisonment for life without the possibility of parole.
  • As used in this section: 
    • "Aggravated habitual sex offender" means a person who, on and after July 1, 2006: (A) Has been convicted in this state of a sexually violent crime, as described in paragraphs (3)(A) through (3)(J) or (3)(L); and (B) prior to the conviction of the felony under subparagraph (A), has been convicted of two or more sexually violent crimes.
General Jail Cutoff (months):
12

Correctional System
System Structure Type:
Separate
Type of Facilities:
Private Prisons:
The DOC does not hold offenders in privately operated facilities.

Release Supervision
Post-Prison Supervision Jurisdiction:
State DOC, Independent Probation Agency
Supervision Jurisdiction:
  • Department of Corrections’ Community and Field Services: supervises parole field operations in 19 communities and administers grants to 30 local community corrections programs.5 
  • The Department of Corrections’ Parole Services supervises offenders released from Kansas correctional facilities on parole, postrelease supervision or conditional release. This division also manages offenders released from other states on probation or parole and for whom Kansas has accepted for Interstate Compact supervision.6
  • Defendants on probation are subject to the supervision of the probation service of the court or community corrections.7

1 http://jrx.sagepub.com/content/14/2/1.abstract
2https://www.doc.ks.gov/facilities/faq/questions
3http://www.kslegislature.org/li/b2015_16/statute/021_000_0000_chapter/021_067_0000_article/021_067_0006_section/021_067_0006_k/
4http://www.kslegislature.org/li/b2015_16/statute/021_000_0000_chapter/021_066_0000_article/021_066_0026_section/021_066_0026_k/
5https://www.doc.ks.gov/publications/Reports/2017
6http://www.doc.ks.gov/prb
7http://www.kslegislature.org/li/b2015_16/statute/021_000_0000_chapter/021_066_0000_article/021_066_0003_section/021_066_0003_k/

Disclaimer: The information on the Fact Sheets has been assembled verbatim from the public sources referenced in the Fact Sheets. For some states, the Department of Corrections or Community Supervision has also provided additional information. Because this type of information is constantly changing, users are cautioned to research and verify website information independently.

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