The bill amends existing Kansas laws regarding sentencing and diversion for offenders by introducing new considerations related to the custody of minor children. Specifically, it adds the factor of whether an offender has physical custody of their minor child or is a legal guardian or custodian with physical custody at the time of sentencing or when the crime was committed. This consideration is included in both the factors for a dispositional departure in sentencing and for determining eligibility for diversion programs.

Additionally, the bill repeals the existing sections of K.S.A. 21-6815 and K.S.A. 22-2908, which previously outlined the sentencing guidelines and diversion criteria. The new legal language emphasizes the importance of family circumstances in the judicial process, potentially allowing for more lenient sentencing or diversion options for offenders who are primary caregivers to minor children.

Statutes affected:
As introduced: 21-6815, 22-2908, 21-6630