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Minutes of the Kansas Sentencing Commission Meeting

January 16, 2015

The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission meeting to

order on January 16, 2015 at 1:38 p.m.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair

Honorable W. Lee Fowler, Vice Chair

Honorable Patrick D. McAnany

Senator David B. Haley

Representative Tom Sawyer, attended via teleconference

Representative John J. Rubin

Senator Carolyn McGinn

David W. Riggin, Kansas Prisoner Review Board

Lee Davidson, Kansas Attorney General’s Office, Designee

Chris A. Mechler, Office of Judicial Administration

Tim Madden, Department of Corrections, Designee

Kevin N. Berens, Thomas County Attorney

J. Shawn Elliott, Attorney

Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County

Jennifer C. Roth, 3rd Judicial District Assistant Public Defender

Edward (Eddie) J. Regan, Public Member

Reverend Junius B. Dotson, Public Member

Guests:

Kathleen Graves, Deputy Secretary, Department of Corrections

Dillon Davis, Hein Government Consulting

Nick Wachinski, Executive Director, American Bail Coalition

Stephen Owens, Owens Bonding, Inc.

Natalie Scott, Assistant Revisor of Statutes, Office of Revisor of Statutes

Staff:

Scott M. Schultz, Executive Director

Kunlun Chang, Director of Research

Trish Beck, Program Assistant

Fengfang Lu, Senior Research Analyst

Jennifer Dalton, Accountant

John Spurgeon, Budget Director

2

Approval of Minutes

Vice Chairman Fowler referred to the Sentencing Commission minutes of December 18, 2014.

Betsy Gillespie moved to approve the minutes. Chris Mechler seconded the motion. The motion

carried and the minutes were approved.

Presentations

Scott Schultz, Executive Director introduced presenters: Stephen Owens, Owens Bonding, Inc.

who presented Bail Bondsman Their Role in the Criminal Justice System, and Nick Wachiniski

who presented Understanding Commercial Sureties: Risk Management in the Age of Technology.

Review & Approval of KSC 2015 Proposed Draft Legislation

Scott Schultz provided and reviewed KSC’s 2015 proposed legislation: 15rs0262, 15rs0263,

15rs0264, 15rs0287, 15rs0305 and 15rs0310. After discussion, it was proposed to amend the

following bills:

15rs0263 - Subsection (f) becomes a new section in the bill and in Section 3, remove “July 1,

2016 and” language.

15rs0310 - Subsection (c)(3)(C) to read, “is a drug severity level 5 felony if that person has two

or more prior convictions under such subsection…”

Betsy Gillespie moved to approve the six proposed bills as amended. Judge Fowler seconded the

motion. The motion carried and the bill proposals were approved to be submitted as 2015

legislation. Kevin Berens and Lee Davidson voted no.

Agency Report

Scott Schultz, Executive Director, provided an update of agency activities.

Adjournment

Representative Rubin moved the meeting be adjourned, Lee Davidson seconded the motion and

the meeting was adjourned at 3:25p.m.

Minutes of the Kansas Sentencing Commission Teleconference Meeting

March 20, 2015

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission

teleconference meeting to order on March 20, 2015 at 1:33 p.m.

Participants:

Members:





Representative Tom Sawyer




Steve Karrer, Kansas Attorney General’s Office, Designee


Secretary Ray Roberts, Department of Corrections







Guests:

Susanna Honaker, Little Government Relations, LLC


Staff:



Brenda Harmon, Special Assistant to the Executive Director


Ebo Browne, Research Analyst

2

Approval of Proposed Agenda

Chair Wilson requested a motion to approve the proposed agenda as written. Chris Mechler

moved to approve the agenda and Secretary Ray Roberts seconded the motion. The motion

carried and agenda was approved.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission meeting minutes of January 16, 2015.

Betsy Gillespie moved to approve the minutes and Chris Mechler seconded the motion. The

motion carried and the minutes were approved.

KSC 2015 Legislative Update

Scott Schultz, Executive Director, presented a thorough assessment of KSC’s ongoing 2015

legislative responsibilities. Additionally, Mr. Schultz referred to and discussed Secretary

Robert’s monthly letter reflecting the current prison capacity as well as KSC’s monthly prison

population monitoring report.

Mr. Schultz reviewed KSC’s Legislative Bill Tracking, providing the status on each proposed

legislative bill requiring KSC to complete a prison bed space assessment. In addition to this, Mr.

Schultz referred to and discussed KSC’s 2015 Legislative Prison Bed Space Assessment

Summary.

Mr. Schultz reported more information regarding legislative process and updated the Commission

on the status of all KSC proposed legislation.

Agency Report

Scott Schultz, Executive Director, provided a summary of the agency’s activities since the last

meeting and advised the members on the agency’s upcoming activities.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on April 24, 2015 at the Jayhawk

Tower, Senate Room.

Meeting adjourned 2:16 p.m.


May 28, 2015

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to

order on May 28, 2015 at 1:37 p.m.

Participants:

Members:









Amy Hanley, Kansas Attorney General’s Office









Guests:

Tim Madden, Department of Corrections

Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association


Stacey Donovan, 3rd Judicial District, Chief Public Defender

Kim Brown, Vice President Marketing New Business Development, Mirror Inc.

Staff:





Charlene Peacock, Utilization Review/SB 123 Program Director



Rachel Cole, Administrative Assistant


2

Chair Wilson requested a motion to approve the proposed agenda as written. Chris Mechler

moved to approve the agenda and Secretary Ray Roberts seconded the motion. The motion

carried and the agenda was approved.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Teleconference meeting minutes of March

20, 2015. Judge Lee Fowler moved to approve the minutes. Kevin Berens seconded. During

discussion, Amy Hanley moved a friendly amendment to replace her name with Steve Karrer, as

the Attorney General’s designee. Judge Fowler and Kevin Berens accepted the amendment to the

original motion. The minutes were approved as amended and Mr. Karrer will be inserted as the

Attorney General’s designee.

Welcome New Staff Members

Scott Schultz, Executive Director introduced new Sentencing Commission staff members

Charlene Peacock, SB123 Program Director/Utilization Review and Rachel Cole, Administrative

Assistant.

SB 123 Update

Charlene Peacock provided a summary of her involvement over the past several months regarding

introductions, training, and meetings:

SB 123 Working Group

SB 123 Subcommittee

Kansas Association of Addiction Professionals (KAAP) meeting

Community Corrections Directors’ meeting

Total Offender Activity Documentation System (TOADS) training

Treatment Providers Payment System (TPPS) training

Charlene Peacock discussed future matters being considered within the program:

KDADS’s Kansas Clinical Placement Criteria (KCPC) being integrated with KDOC’s

TOADS and the KSC’s TPPS

Working with Kansas Department of Aging and Disability (KDADS) on implementation

of our outcome and data research driven system

Updating KSC’s current SB 123 payment database

Reviewing Intermediate/Residential treatment length of stay caps

Review and Approval of SB 123 Intermediate/Residential Modality Length of Stay

Scott Schultz and Charlene Peacock provided the SB 123 Year to Date Activity report and the list

of Approved Treatment Modalities and Cost Caps as listed in the SB 123 Operations Manual.

The SB 123 Subcommittee met and proposed a change regarding the reduction of length of stay

days for Intermediate/Residential treatment from 40 days to 21 days when an offender is

sentenced on or after July 1, 2015. The Commission approved reducing the

Intermediate/Residential modality to 21 days for those offenders sentenced on or after July 1,

2015.

Judge McAnany suggested the language in the SB 123 Operations Manual referencing Approved

Treatment Modalities and Cost Caps, Minimum Service Components be clarified to read:

Treatment may range from 7-40 days in length

3

Those offenders sentenced on or after July 1, 2015 are subject to a treatment range from

7-21 days in length

Under no circumstances will payment be made for intermediate/residential services

beyond 90 days

Structured clinical program meeting ASAM specifications.

Includes Group and Individual counseling, at a minimum up to 10 hours per day

JRI Steering Committee Report

Chair Wilson reported the Justice Reinvestment Initiative (JRI) Steering Committee met April 28,

2015 and discussion took place referencing the complexity of the sentencing journal entries as

well as the JRI Sanction language. Chair Wilson plans to clarify these topics at the Judge’s JRI

Summit in August.

KSC 2015 Legislative Update

Scott Schultz prepared and reviewed a KSC Legislative Update - May 28, 2015 reporting on all

of the KSC recommended bills:

HB 2049- Amending the penalties for first time and second time marijuana convictions-

bill has stalled and will be revisited next year.

HB 2051- Amendments to calculation of good time and program credits for inmates/Use

of risk assessment tool for community corrections placement- signed by Governor

May 14.

HB 2055 - Conversion of out-of-state misdemeanors - several bills were amended into it

(SB 12- Battery against a LEO including judge, attorney, CSO and CC officers, and HB

2048 - items that may be included in a search warrant.) – awaiting signature of

Governor.

HB 2050 - Probation absconders eligible for JRI prison sanctions- Failed for lack of

floor hearing.

HB 2052 - SB 123 treatment for drug diversions – Failed for lack of floor hearing.

Agency Report

Scott Schultz provided a summary of the agency’s activities since the last meeting and advised

the members on the agency’s upcoming activities.

Mr. Schultz referred to and discussed Secretary Robert’s monthly letter to the KSC reflecting the

current prison capacity as well as the Prison Population Monthly Monitoring Report.

Recognition of Commission Member

Chair Wilson recognized Commission member, Jennifer Roth who will be resigning at the end of

May. Ms. Roth was appointed as a KSC Commission member July 29, 2009 and served on most

KSC subcommittees. Jennifer’s committed service is greatly appreciated and will be missed.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on June 25, 2015 at the Jayhawk

Tower, Senate Room.



August 27, 2015


order on August 27, 2015 at 1:34 p.m.

Participants:

Members:











Tim Madden, Department of Corrections Designee




Stacey L. Donovan, 3rd Judicial District Chief Public Defender



Guests:

Marie McNeal, KDOC Director of Community Corrections


Susanna Honaker, Little Government Relations, LLC

Jennifer Roth, 1650 Law and Policy Group, LLC

Derek Hein, Mirror, Inc.

Briana Landon, Legislative liaison, KDOC

Representative Janice Pauls

Staff:







Jesse Becker, Finance Director


2

Welcome New Commission Member

Chair Wilson introduced and welcomed Stacy Donovan, 3rd Judicial District Chief Public

Defender who has been appointed by Governor Sam Brownback to serve as a commission

member, replacing Jennifer Roth.

LSI-R Scoring Guide Update

Marie McNeal, KDOC Director of Community Corrections provided handouts and presented a

PowerPoint presentation, “KDOC & Court Services LSI-R Scoring Guide Update”.

Ms. McNeal advised that in an effort to maintain uniformity in the preparation of assessments by

field staff in community corrections services and court services, Dr. Jennifer Pealer studied both

the KDOC and Court Services’ LSI-R scoring guides. Dr. Pealer determined the largest

discrepancy came from the assessment time frame references (i.e., KDOC uses Lifetime, Current,

Past Year and One-Year while Court Services uses Lifetime, Current, Past and Two-Years)

After further consultation, KDOC has elected to return to the original time frame references of

Lifetime, Current, Past Year and Two-Years. Implementation of this will be ongoing with a

possible start date in early 2016.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission teleconference meeting minutes of June 25,

2015. Betsy Gillespie moved to approve the minutes as written. Chris Mechler seconded the

motion and the minutes were approved.

Presentation of the FY 2016 Prison Population Projections

Scott Schultz, Executive Director, provided handouts and reviewed the FY 2016 Adult Inmate

Prison Population Projections. Judge Fowler moved to approve the projections. Judge McAnany

seconded the motion and the projections were adopted.

2015 National Association of Sentencing Commission Annual Conference

Judge Wilson presented a summary of information presented at the 2015 National Association of

Sentencing Commissions Annual Conference in Alaska. Scott Schultz also moderated and

presented on a panel that discussed a state perspective of the Justice Reinvestment Initiative.

SB 123 Update

Chris Mechler provided a brief update regarding work being conducted by SB 123 Subcommittee.

She announced that for SB 123 cases sentenced on or after July 1, 2015, extensions on a case-by-

case basis will be considered for the Intermediate/Residential modality. Extensions of the length

of stay will be considered after completion of a new Extension Request Form that was approved

by the Subcommittee for staff use. Letters to treatment providers will be sent out August 31,

2015 to inform them of this available option.

A SB 123 cost of services survey was sent to all treatment providers to determine the costs

providers incur to provide SB 123 services to offenders. Jesse Becker will compile the results

and provide a report of findings to the Subcommittee next month.

3

Agency Report


the Commission on the agency’s upcoming activities:

State vs. Pearce - While still on appeal, the case potentially affects criminal

history scoring. Its current interpretation by the Court of Appeals allows the use

of prior convictions for special rule enhancements as well as criminal history

scoring.

Expanding Payment Options for Stakeholders – The Kansas.gov/Information

Network of Kansas contract has been approved and the agency will shortly be

accepting credit card and electronic check transactions for purchases of the Desk

Reference Manual and other materials sold by the KSC.

SB 123 Treatment Providers Payment System (TPPS) – In addition to the credit

card DRM project, the agency is currently partnering with Kansas.gov to craft a

new, expanded and automated version of TPPS to assist with online

portal/tracking on payments and electronically filing of Invoice for Purchase of

Service from treatment providers. The next meeting is scheduled for September

9, 2015.

2015 KSC Workshop will take place on November 18 and 19. He requested

brainstorming ideas for further development of a legislative agenda for the

upcoming session.

Mr. Schultz referred to and discussed KDOC’s monthly letter to the KSC reflecting the current

prison capacity as well as the Prison Population Monthly Monitoring Report.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on September 24, 2015 at the

Jayhawk Tower, Senate Room.



June 25, 2015


order on June 25, 2015 at 1:37 p.m.

Participants:

Members:









Steve Karrer, Kansas Attorney General’s Office Designee









Guests:

Tim Madden, Senior Counsel, Department of Corrections


Stuart Little, Ph.D., Little Government Relations, LLC

Staff:








2


Chair Wilson requested a motion to approve the proposed agenda as written. Judge McAnany

moved to approve the agenda and Chris Mechler seconded the motion. Betsy Gillespie requested

to amend the agenda by adding new business. Judge McAnany approved the friendly

amendment, Chris Mechler seconded and the amended agenda was approved with the addition of

New Business.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Teleconference meeting minutes of May 28,

2015. Judge McAnany moved to approve the minutes as written. Secretary Roberts seconded the

motion and the minutes were approved.


Scott Schultz, Executive Director introduced new Sentencing Commission staff member Jesse

Becker, MBA, as the agency’s newest Finance Director. Mr. Becker began work on June 1 and

will be replacing John Spurgeon.

Review and Approval of Sentencing Forms

Scott Schultz, Executive Director provided the proposed 2015 sentencing forms as amended to

reflect the 2015 Legislative Session outcomes: Presentence Investigation Report (PSI), Journal

Entry of Judgment (JE) and Journal Entry of Probation Violation Hearing (PVJE).

Listed below are additional proposed amendment to the forms:

PSI - amend page 5, section 6 by removing the “Department of Corrections” box

JE - amend the additional offense pages to reflect the proposed changes in Section IV, #4 and #5

and amend the symbol in section VI, #2 to be a “cross” next to “Total Restitution”

PVJE - no amendments were made

Kevin Berens moved to approve the 2015 sentencing forms as proposed and amended.

Representative Rubin seconded the motion. The motion carried and the 2015 sentencing forms

were approved as amended.

SB 123 Update

Chris Mechler, SB 123 Subcommittee chair, provided a brief overview regarding the SB 123

Subcommittee’s discussion and proposals. Changing existing and adding new modalities will be

presented to SB 123 treatment providers for feedback.

Agency Report


the members on the agency’s upcoming activities:

New data entry position request was approved by the Legislature and the hiring

process will begin shortly

State vs. Pearce – discussed case that is on Petition for Review with Kansas

Supreme Court that may affect criminal history and scoring

SB 123 staff are researching Kansas.gov to assist with automated payments for

the Desk Reference Manual. A request to pursue a contract with Kansas.gov was

granted

3

SB 123 Treatment Providers Payment System (TPPS) overhaul – Staff are

exploring a partnership with Kansas.gov to assist with online portal/tracking on

payments and electronically filing Invoice for Purchase of Service forms from

the treatment providers. Additional funding opportunities (grants) through

Kansas.gov is also being studied

Research staff will attend the NCJA/JRSA Conference in Atlanta August 2-5.

Mr. Schultz referred to and discussed Secretary Robert’s monthly letter to the KSC regarding the

current prison capacity as well as the Prison Population Monthly Monitoring Reports.

New Business

Betsy Gillespie led an informational discussion regarding the present differences in the LSI-R

scoring guides when assessments are made by community corrections and court services. No

action was taken.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on July 23, 2015 at the Jayhawk

Tower, Senate Room.



October 22, 2015


order on October 22, 2015 at 1:35 p.m.

Participants:

Members:


















Guests:




Staff:








2

Agency Report


the Commission on the agency’s upcoming activities:

SB 123 Treatment Providers Payment System (TPPS) – In addition to accepting

credit cards for the online purchase of Desk Reference Manuals, the agency is

partnering with Kansas.gov to craft a new, expanded and automated version of

TPPS to assist with online portal/tracking on payments and allowing treatment

providers to electronically file invoices for purchase of service. Work is being

completed on a grant application for this project.

A SB 123 Update Workshop will be held October 30, 2015 at the Jayhawk

Tower, Florentine Room in Topeka.

The 2015 KSC Workshop will take place on November 18 and 19. Mr. Schultz

requested brainstorming ideas for further development of a legislative agenda for

the upcoming session.

Mr. Schultz referred to and discussed KDOC’s monthly letter reflecting the current prison

capacity as well as the Prison Population Monthly Monitoring Report.

Approval of Agenda

Chair Wilson referred to the Sentencing Commission Agenda. Amy Hanley moved to approve

the agenda as written. Chris Mechler seconded the motion and the agenda was approved.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission meeting minutes of August 27, 2015. Betsy

Gillespie moved to approve the minutes as written. Judge Fowler seconded the motion and the

minutes were approved.

Approval of Proposed Changes in SB 123 Modality Reimbursement Rates

Chris Mechler and Charlene Peacock and the SB 123 Subcommittee provided the commission

members with the proposed changes in treatment modalities to be effective January 1, 2016:

Assessment rate change from $200 to $175

Social Detox rate change from $200 to $150 with a change in the cap from 3 to 5 days

Intensive Outpatient conversion from hours to days with a 30 day cap and $120 a day

Re-Integration currently has no cap- adding a 60 day cap and increasing reimbursement

from $37 to $70 a day.

Kevin Berens moved to approve the proposed modality changes. Rep. Sawyer seconded the

motion and the proposed changes in modality reimbursement rates were approved and will be

effective January 1, 2016.

SB 123 Update

Chris Mechler and Charlene Peacock provided a brief update on the SB 123 Subcommittee’s

discussion regarding a limited agreement with Value Options, a managed care provider for state

Medicaid, to assist staff with potential appeals when treatment providers request extended

inpatient care.

More discussion will continue at the next SB 123 Subcommittee meeting on November 19, 2015.

3

New Business

Judge Wilson proposed the 2016 KSC Workshop take place earlier in the year and a tentative date

of August 30th and 31st was discussed.

Next Meeting

The next Sentencing Commission meeting will be the annual Workshop - November 18-19, 2015

at the Topeka Downtown Ramada Convention Center beginning at 9:00 a.m. in the Grand

Ballroom.



November 18, 2015 - Day 1

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission Workshop, Day 1, to

order on November 18, 2014 at 9:06 a.m. in the Grand Ballroom of the Topeka Ramada Convention Center,

Topeka, Kansas.

Participants:

Members:









Amy J. Hanley, Kansas Attorney General’s Office









Guests:

Kelly Mitchell, Executive Director, Robina Institute of Criminal Law and Criminal Justice

Rhys Hester, Post-Doctoral Fellow, Robina Institute of Criminal Law and Criminal Justice



Jennifer C. Roth, 1650 Law and Policy Group, LLC



Natalie Scott, Revisor of Statutes

Jason Thompson, Revisor of Statutes

2

Staff:








Ebo Brown, Research Analyst

Approval of Agenda and Minutes

Chair Wilson referred to K.S.A. 74-9101(b)(15), describing the Commission’s charge to make policy

recommendations to the Executive and Legislative branches of Kansas government.

Chair Wilson referred to the Sentencing Commission meeting minutes of October 22, 2015. Kevin Berens

moved to approve the minutes and Chris Mechler seconded the motion. The motion carried and the minutes

were approved.

Criminal History Enhancements in Guidelines Systems

Dr. Rhys Hester, Post-Doctoral Fellow, and Kelly Mitchell, Executive Director of Robina Institute of

Criminal Law and Criminal Justice, University of Minnesota presented Criminal History Enhancements in

Guidelines Systems. The presentation covered the following topics:

Justifying Criminal History Enhancements at Sentencing

Magnitude of Criminal History Enhancements

Decay and Gap Policies

Timing of Current and Prior Crimes: What Counts as a “Prior” Conviction?

Juvenile Adjudications

Misdemeanor Convictions

Severity Premium for Similar Prior Offending; Patterning Rules

Prior Offense Weighting and Special Eligibility Rules for High Criminal History Categories

Custody Status as a Criminal History Enhancement

The Treatment of Multiple Current Offenses

The Relationship between Criminal History and Recidivism Risk

Criminal History Enhancements as a Cause of Minority Over-Representation

Potential considerations for Kansas were provided:

Consider a lookback limit for adults

Consider Juvenile limits

Consider adopting a Racial Impact Statement

Juvenile adjudication considerations were:

Decay or gap

Time lapse

3

2016 Legislative Proposals and Letter to the Governor Options - Brainstorming Session

KSC members were provided a handout, 2015 KSC Workshop Legislative Proposals.

Members reviewed and discussed 2016 legislative proposals.

Adjournment

The workshop was adjourned at 3:03 p.m.

4


November 19, 2015 - Day 2

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission Workshop, Day 2, to

order on November 19, 2015 at 9:15 a.m. in the Grand Ball Room of the Topeka Ramada Convention Center,

Topeka, Kansas.

Participants:

Members:


















Guests:


Jennifer C. Roth, 1650 Law and Policy Group, LLC



Natalie Scott, Revisor of Statutes

Aaron Johnson, Johnson County Court Services

Shane Rolf, Shane’s Bail Bonds, Olathe, KS

Brianna Landon, Legislative Liaison & Public Information Officer, Department of Corrections

Robert Sullivan, Johnson County Criminal Justice Coordinator

Kevin Barone, Kansas Bail Agents Association

Staff:








Ebo Brown, Research Analyst

5

Chair Wilson recognized Department of Corrections’ retirements of Secretary Ray Roberts; David Riggin,

Prisoner Review Board; and Kathleen Graves, Deputy Secretary.

Future Workshop

The 2016 workshop will be held September 27 and 28, 2016. Representative Rubin moved to approve the

dates and Kevin Berens seconded the motion. The motion carried.

Presentation on Legal & Evidence-Based Bail Administration

Aaron Johnson, Johnson County Court Services presented information relating to evidence-based bail

administration.

Pretrial Detention Roundtable

Scott Schultz moderated a discussion with Aaron Johnson, Johnson County Court Services and Shane Rolf,

Shane’s Bail Bonds, Olathe, KS, discussing the pretrial process and duties and responsibilities of court

services and a bail bondsman.

KSC Agency Report

Legislative post audit report evaluating the state substance abuse programs will be due December.

New Administrative Assistant, Erica Waggoner will be replacing Rachel Cole who was promoted to Data

Entry Operator III.

SB 123 Workshop was held October 30, 2015 in Topeka to address the invoice process with community

corrections officers and treatment providers. Approximately 80 were in attendance.

Proposed Amendments for 2016 Legislation - Brainstorming Session Continued

KSC members were provided a handout, 2015 KSC Workshop Legislative Proposals, (Attachment 1) to be

used as a tool while considering proposed 2016 legislation and/or include in the letter of recommendations to

the Governor.

Proposal #7 - Drugs: Repeal Special Rule 26 Third Time Drug Possession.

Judge Fowler moved to approve the proposal for legislation only. Judge Wilson seconded the motion

and the motion carried. Amy Hanley, Kevin Berens and Representative Rubin opposed the motion.

Proposal #9 - SB 123: Expand to severity level 4 drug small sales if SB 123 criteria is met.

Judge Fowler moved to approve the proposal for both legislation and the letter to the Governor.

Representative Rubin seconded the motion and the motion carried. Amy Hanley and Kevin Berens

opposed.

Proposal #11 - JRI: Delete quick dip requirement prior to prison sanctions for abscond but not new

crimes.

Representative Rubin moved to approve proposal for both legislation and the letter to the Governor.

Chris Mechler seconded the motion and the motion carried. Amy Hanley opposed.

6

Proposal #14 - Failure to Register: Amending penalties from person to nonperson.

Dave Riggins moved to approve the proposal for both legislation and the letter to the Governor. Shawn

Elliott seconded the motion. Stacey Donovan moved to table the motion pending receipt of underlying

prison sentences and length of registration for FY15. Amy Hanley seconded the motion and the motion

was tabled.

Proposal #15 - Theft: Increase felony loss threshold to $2,000.

Kevin Berens moved to approve proposal for both legislation and the letter to the Governor. Amy

Hanley seconded the motion and the motion carried. Dave Riggins opposed.

Proposal #16 - Unlawfully tampering w/electronic monitoring equipment: Amending the severity level

from 6 to severity level 6 for nondrug severity levels 1-5 and drug severity levels 1-2; severity level 8

for nondrug severity levels 6-8 and drug severity levels 3; severity level 10 for nondrug severity levels

9-10 and drug severity level 4-5; and class A misdemeanor for misdemeanor or civil cases involving

electronic monitoring.

Representative Rubin moved to approve proposal for both legislation and the letter to the Governor. Tom

Sawyer seconded the motion and the motion carried.

Proposals #18 - #20: Studies: Use of drug courts as a reentry program for drug addicted offenders,

prison length of stay for drug possession crimes (D5) and system-wide identification of the extent of

substance abuse and/or mental illness.

Judge Fowler will provide draft language at the December 17th KSC meeting.

Proposal #21 - Probation: Technical violators determined by KDOC to have substance abuse problems

will serve six months and then be released to community corrections.

Secretary Roberts will bring draft language to the December 17th meeting.

Proposal #22 - Criminal History Scoring: Except offgrid and nonperson severity levels 1-4, all juvenile

adjudications, will decay if the offender has no new adjudications within five years from the date of

discharge of the final adjudication.

Betsy Gillespie moved to approve the proposal for Legislation only. Representative Sawyer seconded

the motion and the motion carried. Amy Hanley and Kevin Berens opposed.

Proposal #23 - Proportionality Statement by the Commission: The Kansas Sentencing Commission will

present a proportionality statement on all legislative impacts. Crimes with current severity level and

those one level above and below shall be included comparatively with the proposed offense.

Representative Rubin moved to approve the proposal. Chris Mechler seconded the motion and the

motion carried.

Proposals #1-6, #8, #10, #12-13 and # 19 were not adopted by the Commission.

Adjournment The 2015 workshop was adjourned at 3:54 p.m.

7

Attachment 1

Attachment 1

Description Yes No

1 . Criminal History Scoring: np and drug SL 4-5 decay after 10 yrs



4 . Drugs: Reduce Length of Sentence for SL 1-3 on Drug Grid by 20%



7 . Drugs: Repeal Special Rule 26 Third Time Drug Possession

8 . Drugs: Extend border box on drug grid to 4-C and 4-D

9 . SB 123: Expand to SL 4 drug small sales

10 . SB 123: Expand to nondrug grid to subst. abuse-related np

11 . JRI: Delete quick dip requirement prior to prison sanctions for abscond/new crime

12 . State v. Pearce : Amend KSA 21-6810(d)(9) to include "or applicable penalties"

13 . Inmate Letter: Amendment to retroactively apply current severity level 1 and 2 crimes to those similarly

convicted from 1996-1998

14 . Registration: Failure to Register - amend penalties from person to nonperson

15 . K.S.A. 21-5801 Theft: Increase felony loss threshold to $2,000

16 . K.S.A. 21-6322 Unlawfully tampering w/electronic monitoring equipment: Reducing penalty from SL 6 to SL 8

17 . DUI: Procedural fix for prohibiting all time of 2,160 hours to be spent at home rather than obtaining

employment while on house arrest or work release

18 . Studies: Use of Drug Courts as a Reentry Program for drug addicted offenders

19 . Studies: Prison Length of Stay for Drug Possession Crimes (D5)

20 . Studies: System-wide Identification of the Extent of Substance Abuse and/or Mental Illness

21 .

22 .

23 .

24 .

25 .

Approved

2015 KSC Workshop Legislative Proposals

November 18-19, 2015

Gov. Ltr (G),

Legislation

(L) or Both

(B)


December 17, 2015


order on December 17, 2015 at 2:40 p.m.

Participants:

Members:














Stacey L. Donovan, Third Judicial District Public Defender’s Office

Nathan Barnes, Public Member

Guests:

Natalie Scott, Revisors’ Office

Jason Thompson, Revisors’ Office


Kevin Barone, Kansas Bail Agents Association

Staff:








Erica Waggoner, Administrative Assistant


Chair Wilson asked if there were objections to the agenda. There were no objections to the

agenda.

2

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Workshop minutes of November 18 and 19,

2015. Amy Hanley moved to approve the minutes as written. Kevin Berens seconded the

motion, and the minutes were approved.

Welcome New KSC Members

Chair Wilson updated members on newly appointed members. Former Sentencing Commission

member and State Representative Janice Pauls is replacing Edward “Eddie” Regan. Chair Wilson

also introduced new Sentencing Commission member, Nathan Barnes who is replacing Pastor

Junius Dotson.


Scott Schultz, Executive Director, introduced new Sentencing Commission staff member, Erica

Waggoner as the agency’s Administrative Assistant. Ms. Waggoner began work on November 30

and is replacing Rachel Cole who accepted a position as a Data Entry Operator III.

Letter to the Governor

Judge Wilson moved to amend the proposed Governor’s letter changing 1) language for increase

felony from loss to theft; and 2) removing both the Repeal Special Rule 26 and Criminal History

Scoring due to the lack of approval in the KSC 2015 Workshop. Chris Mechler seconded the

motion and the motion carried. Amy Hanley and Kevin Berens opposed the motion.

Scott Schultz presented the requested information to the members. The Commission had

previously tabled a discussion regarding offender registration at the November Workshop until

more information was provided. Judge Fowler moved to remove from the table the proposed

legislation regarding the failure to register. Representative Sawyer seconded the motion, and the

offender failure to register discussion was removed from the table.

Judge Fowler moved to include K.S.A. 22-4903 to state that a nonperson felony violation of the

Kansas Offender Registration Act would be a nonperson felony rather than a person felony.

Representative Rubin seconded the motion and the motion carried to add the proposal to both the

legislation and the letter to the Governor. Amy Hanley, Kevin Berens, Representative Rubin, and

Tim Madden opposed the motion.

Representative Rubin moved to include in the Governor’s letter the Criminal History Scoring.

Stacey Donovan seconded the motion and the motion carried to add Criminal History Scoring to

the Governor’s letter. Amy Hanley and Kevin Berens opposed the motion.

Chris Mechler moved to include the repeal of Special Rule 26 in the Governor’s letter.

Representative Sawyer seconded the motion and the motion carried. Amy Hanley, Kevin Berens,

and Representative Rubin opposed the motion.

Judge Fowler moved to approve a study proposal in the letter to the Governor. Amy Hanley

seconded the motion. The original motion carried to include the study proposal as an attachment

to the letter to the Governor. After discussion Kevin Berens moved to call the question. Amy

Hanley seconded the motion and the motion carried.

3

Review and Approval of 2016 Proposed Legislation

KSC members were provided handouts of 2016 KSC Legislative Proposals in draft form. Scott

Schultz explained each proposed bill as referenced below:

16rs2566- Drugs: Repeal Special Rule 26 Third Time Drug Possession

Judge Fowler moved to approve the proposal for legislation and for inclusion in the letter to

the Governor. Representative Sawyer seconded the motion, and the motion carried. Amy

Hanley, Kevin Berens and Representative Rubin opposed the motion.

16rs2570- SB 123: Expand to severity level 4 drug small sales if SB 123 criteria is met.

Judge Fowler moved to approve the proposal for both legislation and the letter to the

Governor. Chair Wilson seconded the motion and the motion carried. Amy Hanley and

Kevin Berens opposed the motion.

16rs2568 - JRI: Delete quick dip requirement prior to prison sanctions for abscond but not

new crimes.

Judge Fowler moved to approve the proposal for both legislation and the letter to the

Governor. Representative Rubin seconded the motion and the motion carried. Amy Hanley

and Kevin Berens opposed the motion.

16rs2567 - Theft: Increase felony theft loss threshold to $2,000.

To make theft offenses consistent, Stacey Donovan moved to include subsections (b)(5) and

(b)(6) of K.S.A. 21-5801 in the proposed legislation which increases the felony theft loss

threshold to $2,000. Chris Mechler seconded the motion and the motion carried.

16rs2610 - Unlawfully tampering w/electronic monitoring equipment: Amending the

severity level from 6 to severity level 6 for nondrug severity levels 1-5 and drug severity

levels 1-2; severity level 8 for nondrug severity levels 6-8 and drug severity level 3; severity

level 10 for nondrug severity levels 9-10 and drug severity level 4-5; and class A

misdemeanor for misdemeanors or civil cases involving electronic monitoring.

Representative Rubin moved to approve the proposal for both legislation and the letter to the

Governor. Representative Sawyer seconded the motion and the motion carried. Kevin Berens

opposed the motion.

16rs2608 - Criminal History Scoring: Except off-grid and nonperson severity levels 1-4, all

juvenile adjudications, will decay if the offender has no new adjudications within five years

from the date of discharge of the final adjudication.

Stacey Donovan moved to approve the proposal for legislation and the letter to the Governor.

Representative Sawyer seconded the motion and the motion carried. Amy Hanley and Kevin

Berens opposed.

Executive Session

Chair Wilson moved to go into executive session for 15 minutes concerning personnel matters.

Judge Fowler seconded the motion and the motion carried.

After 15 minutes, the meeting returned to open session.

4

Chair Wilson moved to have Kevin Berens replace Betsy Gillespie on the Compensation

Subcommittee. Judge Fowler seconded the motion and the motion carried.

Agency Report

Executive Director Scott Schultz provided a summary of the agency’s activities since the last

meeting and reviewed KDOC prison population reports.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on January 22, 2016 at the

Jayhawk Tower, Senate Room.


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