Bill Summary – FastDemocracy

     Special Session of 2020
                               HOUSE BILL No. 2004
                               By Representative Highberger
                                           6-3

 AN ACT concerning crimes, punishment and criminal procedure; relating
   to sentencing; good time credits; program credits; amending K.S.A.
   2019 Supp. 21-6821 and repealing the existing section.
 4
 Be it enacted by the Legislature of the State of Kansas:
     Section 1. K.S.A. 2019 Supp. 21-6821 is hereby amended to read as
 follows: 21-6821. (a) The secretary of corrections is hereby authorized to
 adopt rules and regulations providing for a system of good time
 calculations. Such rules and regulations shall provide circumstances upon
 which an inmate may earn good time credits and for the forfeiture of
 earned credits. Such circumstances may include factors related to program
 and work participation and conduct and the inmate's willingness to
 examine and confront past behavioral patterns that resulted in the
 commission of the inmate's crimes.
     (b) For purposes of determining release of an inmate, the following
 shall apply with regard to good time calculations:
     (1) Good behavior by inmates is the expected norm and negative
 behavior will be punished; and
     (2) the amount of good time which that can be earned by an inmate
 and subtracted from any sentence is limited to:
     (A) For a crime committed on or after July 1, 1993, but prior to June
 30, 2020, an amount equal to 15% of the prison part of the sentence;
     (B) for a nondrug severity level 7 through 10 crime committed on or
 after January 1, 2008, but prior to June 30, 2020, an amount equal to 20%
 of the prison part of the sentence; or
     (C) for a drug severity level 3 or 4 crime committed on or after
 January 1, 2008, but prior to July 1, 2012, or a drug severity level 3
 through 5 crime committed on or after July 1, 2012, but prior to June 30,
 2020, an amount equal to 20% of the prison part of the sentence; or
     (D) for a crime committed on or after July 1, 2020, an amount equal
 to:
     (i) 25% of the prison part of the sentence for a person felony; and
     (ii) 40% of the prison part of the sentence for a nonperson felony.
     (c) The postrelease supervision term of a person sentenced to a term
 of imprisonment that includes a sentence for a sexually violent crime as
 defined in K.S.A. 22-3717, and amendments thereto, a sexually motivated
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 crime in which the offender has been ordered to register pursuant to
 K.S.A. 22-3717(d)(1)(D)(vii), and amendments thereto, electronic
 solicitation, K.S.A. 21-3523, prior to its repeal, or K.S.A. 2019 Supp. 21-
 5509, and amendments thereto, or unlawful sexual relations, K.S.A. 21-
 3520, prior to its repeal, or K.S.A. 2019 Supp. 21-5512, and amendments
 thereto, shall have any time which is earned and subtracted from the prison
 part of such sentence and any other consecutive or concurrent sentence
 pursuant to good time calculation added to such inmate's postrelease
 supervision term.
     (d) An inmate shall not be awarded good time credits pursuant to this
 section for any review period established by the secretary of corrections in
 which a court finds that the inmate has done any of the following while in
 the custody of the secretary of corrections:
     (1) Filed a false or malicious action or claim with the court;
     (2) brought an action or claim with the court solely or primarily for
 delay or harassment;
     (3) testified falsely or otherwise submitted false evidence or
 information to the court;
     (4) attempted to create or obtain a false affidavit, testimony or
 evidence; or
     (5) abused the discovery process in any judicial action or proceeding.
     (e) (1) For purposes of determining release of an inmate who is
 serving only a sentence for a nondrug severity level 4 through 10 crime or
 a drug severity level 3 or 4 crime committed on or after January 1, 2008,
 but prior to July 1, 2012, or an inmate who is serving only a sentence for a
 nondrug severity level 4 through 10 crime or a drug severity level 3
 through 5 crime committed on or after July 1, 2012, the secretary of
 corrections is hereby authorized to adopt rules and regulations regarding
 program credit calculations. Such rules and regulations shall provide
 circumstances upon which an inmate may earn program credits and for the
 forfeiture of earned credits and such circumstances may include factors
 substantially related to program participation and conduct. In addition to
 any good time credits earned and retained, the following shall apply with
 regard to program credit calculations:
     (A) A system shall be developed whereby program credits may be
 earned by inmates for the successful completion of requirements for a
 general education diploma, a technical or vocational training program, a
 substance abuse treatment program or any other program designated by the
 secretary which that has been shown to reduce offenders' risk after release;
 and
     (B) the amount of time which that can be earned and retained by an
 inmate for the successful completion of programs and subtracted from any
 sentence is limited to not more than 120 150 days.
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     (2) Any time which that is earned and subtracted from the prison part
 of the sentence of any inmate pursuant to program credit calculation shall
 not be added to such inmate's postrelease supervision term, if applicable,
 except that the postrelease supervision term of a person sentenced to a
 term of imprisonment that includes a sentence for a sexually violent crime
 as defined in K.S.A. 22-3717, and amendments thereto, a sexually
 motivated crime in which the offender has been ordered to register
 pursuant to K.S.A. 22-3717(d)(1)(D)(vii), and amendments thereto,
 electronic solicitation, K.S.A. 21-3523, prior to its repeal, or K.S.A. 2019
 Supp. 21-5509, and amendments thereto, or unlawful sexual relations,
 K.S.A. 21-3520, prior to its repeal, or K.S.A. 2019 Supp. 21-5512, and
 amendments thereto, shall have any time which is earned and subtracted
 from the prison part of such sentence and any other consecutive or
 concurrent sentence pursuant to program credit calculation added to such
 inmate's postrelease supervision term.
     (3) When separate sentences of imprisonment for different crimes are
 imposed on a defendant on the same date, a defendant shall only be
 eligible for program credits if such crimes are a nondrug severity level 4
 through 10, a drug severity level 3 or 4 committed prior to July 1, 2012, or
 a drug severity level 3 through 5 committed on or after July 1, 2012.
     (4) Program credits shall not be earned by any offender successfully
 completing a sex offender treatment program.
     (5) The secretary of corrections shall report to the Kansas sentencing
 commission and the Kansas reentry policy council the data on the program
 credit calculations.
     (f) The state of Kansas, the secretary of corrections and the
 secretary's agents or employees shall not be liable for damages caused by
 any negligent or wrongful act or omission in making the good time and
 program credit calculations authorized by this section.
     (g) (1) The secretary of corrections shall make the good time and
 program credit calculations authorized by section 1 of chapter 54 of the
 2015 Session Laws of Kansas no later than January 1, 2016.
     (2) The secretary of corrections shall make the program credit
 calculations authorized by the amendments to this section by this act no
 later than January 1, 2017.
     (h) The amendments to this section by section 1 of chapter 54 of the
 2015 session laws of Kansas and this act shall be construed and applied
 retroactively.
     Sec. 2. K.S.A. 2019 Supp. 21-6821 is hereby repealed.
     Sec. 3. This act shall take effect and be in force from and after its
 publication in the statute book.
Statutes affected: 
As introduced: 21-6821