susan honaker, little government relations, llc · kevin n. berens, thomas county attorney j. shawn...

Minutes of the Kansas Sentencing Commission Meeting

January 18, 2013 The Honorable Richard M. Smith, Chairman called the Kansas Sentencing Commission meeting to order on January 18, 2013 at 1:47 p.m. in the Senate Room of Jayhawk Tower. Participants:

Members:

Honorable Richard M. Smith, Chair Honorable Evelyn Z. Wilson, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Senator Carolyn McGinn David W. Riggin, Kansas Prisoner Review Board Amy J. Hanley, Kansas Attorney General’s Office Chris A. Mechler, Office of Judicial Administration Secretary Ray Roberts, Department of Corrections 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 Quentin L. Martin, Public Member Reverend Junius B. Dotson, Public Member

Guests: Susan Honaker, Little Government Relations, LLC Ed Klumpp, Representative for Association of Chief of Police and KS Sheriff Tim Madden, Department of Corrections Staff:

Scott M. Schultz, Executive Director

Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst

Trish Beck, Program Assistant Jennifer Dalton, Accountant

KSC Proposed Legislation - Sentencing Policy Subcommittee Objectives The Subcommittee presented the following Kansas Sentencing Commission legislative priorities:

Objective 1. Enhance Probation Supervision - Authorize probation officers to employ swift and certain responses to technical violations and also focus probation resources on those offenders most likely to commit crime.

Judge McAnany moved to approve and endorse Legislation Objective 1and Judge Wilson seconded the motion. The motion carried and Objective 1 will be endorsed by KSC. Objective 2. Adopt Statewide LSI-R Assessment Guidelines - Legislation to authorize the

Kansas Sentencing Commission to make cutoff decisions based upon risk and promulgate requirements for services based upon risk levels. KSC will periodically review data and make recommended changes.

Chris Mechler moved to approved and endorse Legislation Objective 2, including applicable

statutes and Judge Wilson seconded the motion. The motion carried and Objective 2 will be endorsed by KSC.

Objective 3. Better Management of Postrelease Supervision - Utilize evidence-based

practices in a postrelease supervision setting to allow for early release while not jeopardizing public safety and expand the powers of the Prisoner Review Board from misdemeanor to felony violations of postrelease supervision.

Secretary Roberts moved to approve and endorse Legislation Objective 3 and Representative Pauls seconded the motion. The motion carried and Objective 3 will be endorsed by KSC. Objective 4. Realize System Efficiencies Through Disposition of Detainers When in

KDOC - Utilize state resources more effectively in the disposition of criminal cases when an offender is incarcerated with KDOC and has pending cases(s) throughout the state.

Chris Mechler moved to approve and endorse Legislation Objective 4 and Amy Hanley

seconded the motion. The motion carried and Objective 4 will be endorsed by KSC. Objective 5. Enable Judicial Discretion with Special Rules 9 and 10 – Probation

Revocations: Allow Courts more latitude to modify an offender’s sentence if the offense is committed while on felony supervised status and felony bond.

Judge McAnany moved to approve and endorse Legislation Objective 5 and Judge Wilson seconded the motion. The motion carried and Objective 5 will be endorsed by KSC. Objective 5 was opposed by Amy Hanley, Kevin Berens and Quintin Martin.

Chris Mechler moved that all five objectives be drafted in one bill. Secretary Roberts seconded the motion and the motion carried. Chairman Smith appointed a committee to work out the details in drafting the specific legislative language. On behalf of the Commission: Secretary Ray Roberts, Jennifer Roth, Amy Hanley, Kevin Berens, Representative Jan Pauls and Chairman Richard Smith will convene by teleconferences with the Executive Director to draft legislation and the required letter to the

Governor and the Joint Committee on Corrections and Juvenile Justice. A meeting is scheduled for Wednesday, January 30 to be held via teleconference. Judge McAnany moved to adopt the procedure. Judge Wilson seconded the motion and the motion carried. Approval of the Minutes Chairman Smith referred to the minutes of the December 13, 2012, Kansas Sentencing Commission meeting. Judge McAnany moved to approve the minutes and Amy Hanley seconded the motion. The motion carried and the minutes were approved. Approval of Revised PSI Executive Director Scott Schultz provided a revised Presentence Investigation Report (PSI) and proposed the addition to the SB 123 Drug Treatment “Not Eligible” factors by adding check boxes for “Low Risk SASSI score” and “High Risk SASSI but Low or Low/Moderate Risk LSI-R score”. Kevin Berens moved to approve the PSI revision. Chris Mechler seconded the motion and the motion carried. Executive Session Amy Hanley moved to enter into Executive Session for 17 minutes to discuss KSC personnel issues. Judge Wilson seconded the motion and the motion carried. Approval of 2013 KSC Meeting Dates Judge Wilson moved to approve the 2013 Kansas Sentencing Commission meeting dates schedule as written. Judge McAnany seconded the motion and the scheduled meeting dates were approved. Agency Report Executive Director Scott Schultz provided a brief agency report. Next Meeting

The next Kansas Sentencing Commission meeting is scheduled for 1:30 p.m. on February 15, 2013 in the Senate Room of the Jayhawk Tower, Topeka, Kansas. The meeting was adjourned at 3:40 p.m.

Minutes of the Kansas Sentencing Commission Meeting February 15, 2013

Meeting Cancelled

Minutes of the Kansas Sentencing Commission Meeting March 15, 2013

Meeting Cancelled


April 19, 2013

The Honorable Richard M. Smith, Chairman called the Kansas Sentencing Commission meeting

to order on April 19, 2013 at 1:33 p.m. in the Senate Room of Jayhawk Tower.

Participants:

Members:

Honorable Richard M. Smith, Chair

Honorable Evelyn Z. Wilson, Vice Chair

Honorable Patrick D. McAnany

Senator David B. Haley

Representative Janice L. Pauls

Representative John J. Rubin

Senator Carolyn McGinn

David W. Riggin, Kansas Prisoner Review Board

Amy J. Hanley, Kansas Attorney General’s Office

Chris A. Mechler, Office of Judicial Administration

Secretary Ray Roberts, Department of Corrections

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

Quentin L. Martin, Public Member

Reverend Junius B. Dotson, Public Member

Guests:

Brian Baker, Program Director, Value Options Ed Klumpp, Representative for Association of Chief of Police and KS Sheriff

Tim Madden, Department of Corrections

Staff:


Brenda Harmon, Special Assistant to the Executive Director

Kunlun Chang, Director of Research

Fengfang Lu, Senior Research Analyst

Trish Beck, Program Assistant

Jennifer Dalton, Accountant

Carrie Krusor, Research Data Entry III

2

Approval of Minutes

Chairman Smith referred to the minutes of the January 18, 2013, Kansas Sentencing Commission

meeting. Amy Hanley moved to approve the minutes and Secretary Roberts seconded the

motion. The motion carried and the minutes were approved.

2013 Legislation Update

Executive Director Scott Schultz provided a PowerPoint presentation including handouts

reviewing HB 2170. Mr. Schultz included the two new duties which were added to the

Commission:

KSC was granted the authority to make statewide supervision and placement cutoff

decisions based upon the risk levels and needs of the offender.

KSC must periodically review data and make recommended changes and must determine

the impact and effectiveness of supervision and sanctions for felony offenders regarding

recidivism and prison and community-based supervision populations.

Mr. Schultz stated that Special Sentencing Rules 9 and 10 were not approved and the provisions

were deleted from the bill.

An addition to the Kansas Sentencing Guidelines Journal Entry of Judgment form will be made

regarding intermediate sanction of confinement in jail if the defendant waives the right to a

hearing.

New Business

Secretary Roberts provided and reviewed handouts regarding the JRI prison bed population

impacts.

Judge Smith appointed the Sentencing Policy Subcommittee to evaluate the impacts further and

revisit it at the next KSC meeting.

Approval of Revisions to the Journal Entry Forms

Executive Director Scott Schultz provided the Sentencing Guidelines Presentence Investigation

Report, Journal Entry of Judgment, and Journal Entry of Probation Revocation Hearing forms

with proposed changes.

After much discussion, Judge Wilson moved that the approval of forms be tabled until the

Commission members had more time to assess the revisions.

Chris Mechler seconded the motion and the motion carried.

Resuming the KSC Forms Subcommittee

Mr. Schultz announced that the Forms Subcommittee will resume meetings shortly. Members

will include: Scott Schultz, Jennifer Roth, Chris Mechler, Kevin Berens, and Judge Wilson.

3

Statewide Cut-off Score for LSI-R Subcommittee

Consist with the Commission’s new statutory charge, Judge Smith created and appointed a

subcommittee to be involved with the statewide cutoff scoring for the LSI-R and will schedule a

meeting with the members: Betsy Gillespie, Chris Mechler, and Secretary Roberts. Judge Smith

with serve as chair of the subcommittee.

Executive Session

Judge Wilson moved to enter into Executive Session for 15 minutes to discuss KSC personnel

issues. Betsy Gillespie seconded the motion and the motion carried.

Out of Executive Session Judge Wilson moved to give Executive Director Scott Schultz authority

to hire an Attorney and a Budget Director. Chris Mechler seconded the motion and the motion

carried.

Agency Report

Executive Director Scott Schultz provided a brief agency report.

Next Meeting

The next Kansas Sentencing Commission meeting is being discussed to change the time to 10:00

a. m. on May 16, 2013 in the Senate Room of the Jayhawk Tower, Topeka, Kansas.

The meeting was adjourned at 3:58 p.m.


May 16, 2013

Meeting Cancelled


June 27, 2013

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

to order on June 27, 2013 at 1:38 p.m. in the Senate Room of Jayhawk Tower.

Participants:

Members:

Honorable Richard M. Smith, Chair

















Guests:

Michael Wales, Kansas Legislative Research Department

Susanna Honaker, Little Government Relations Associate


Staff:







Carrie Krusor, Research Data Entry III

Sean Ostrow, SB 123 Program Director/ Staff Attorney

2

Approval of Minutes

Vice Chair Wilson referred to the minutes of the April 19, 2013, Kansas Sentencing Commission

meeting. Kevin Berens moved to approve the minutes and Chris Mechler seconded the motion.

The motion carried and the minutes were approved.

Welcome and Introduction

Executive Director Scott Schultz welcomed Representative John Rubin as a new member to the

Commission and Sean Ostrow as the new Staff Attorney and SB 123 Program Director.

Forms Subcommittee Report

Jennifer Roth, Journal Entry Forms Subcommittee Chair, provided and reviewed the revised

Journal Entry of Judgment, Probation Revocation and the Presentence Investigation forms. After

much discussion, Chris Mechler moved to approve the forms as amended. Betsy Gillespie

seconded the motion and the motion carried.

Representative Janice Pauls thanked Jennifer Roth for all her hard work, time and effort on the

forms that reflect the 2013 Legislation session.

Sentencing Policy Subcommittee Report

Executive Director Scott Schultz reported that the subcommittee last met on May 15, 2013.

Discussions involved the 2013 HB 2170 prison bed space analysis of the Council of State

Governments (CSG) and KSC. The committee recommended adopting CSG’s numbers for the

upcoming FY 2014 Prison Population Projections.

Kevin Berens moved to adopt CSG’s projections. Representative John Rubin seconded the

motion and the motion carried.

SB 123 Subcommittee Report

Chris Mechler provided minutes from the May 2, 2013 meeting, and a letter to Ashley Bauman,

University of Cincinnati, Division of Criminal Justice regarding a contract proposal to study the

SB 123 Drug Treatment Program in Kansas. Utilizing data from the 31 judicial districts, the

evaluation would define recidivism, the program impact, including target population, program

type, and program quality.

Agency Report

Executive Director Scott Schultz provided a summary of the Sentencing Policy Subcommittee

teleconference prepared by Sean Ostrow, Staff Attorney. The summary reflects possible

encounters from the uncertainty in the interpretation and implementation of HB 2170. Mr.

Ostrow will be creating a HB 2170 Frequently Asked Questions document that will be provided

in the quarterly e-Newsletter and posted to the KSC website.

The Sentencing Policy Subcommittee consists of Hon. Richard Smith, Hon. Evelyn Wilson,

Keven Berens, Amy Hanley, Jennifer Roth, Representative Janice Pauls, and Secretary Ray

Roberts. By consensus of the Commission, the subcommittee added three new members; Betsy

Gillespie, Representative John Rubin, and Chris Mechler.

3

Representative John Rubin moved to authorize the Sentencing Policy Subcommittee to have the

power to give the KSC permission to broadcast tools to inform the public utilizing the website

and e-Newsletter. Senator David Haley seconded the motion and the motion carried.

The Prison Population Projection Consensus meetings will be held July 22, and August 26, 2013

Chris Mechler moved to adjourn, Betsy Gillespie seconded the motion and the motion carried.

Meeting adjourned 3:51p.m.

Next Meeting

The next Kansas Sentencing Commission meeting is scheduled for July 25, 2013 in the Senate

Room of the Jayhawk Tower, Topeka, Kansas.


July 25, 2013

Meeting Cancelled


August 29, 2013

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

to order on August 29, 2013 at 1:34 p.m. in the Senate Room of Jayhawk Tower.

Participants:

Members:


Honorable W. Lee Fowler
















Guests:

Stuart Little, Little Government Relations


Brian Baker, Value Options

Staff:








2

Welcome and Introduction

The Honorable Evelyn Z. Wilson introduced and welcomed Honorable W. Lee Fowler as a new

member to the Commission.

Congratulations was extended to members: Jennifer Roth, Betsy Gillespie, Shawn Elliott and

Kevin Berens for their reappointments to the Commission.

Approval of Minutes

Vice Chair, Wilson referred to the minutes of the June 27, 2013, Kansas Sentencing Commission

meeting. Kevin Berens moved to approve the minutes and Representative Pauls seconded the

motion. The motion carried and the minutes were approved.

Executive Session

Vice Chair Wilson requested an executive session for 15 minutes. Chris Mechler moved to

approve an executive session to discuss personnel. Betsy Gillespie seconded the motion and the

session was approved. Closed session began 1:39 p.m.

Open session began at 1:56 p.m.

Approval of FY 2014 Adult Inmate Prison Population Projections

Scott Schultz, Executive Director, and Kunlun Chang, Director of Research, provided and

reviewed the handouts of the FY 2014 Adult Inmate Prison Population Projections.

The Commission discussed the projections. Rep. John Rubin moved to adjust the assumptions for

the probation condition violators in the FY 2014 model and prepare a revised projection to be

reviewed by the Commission members by email and conference call. Secretary Roberts seconded

the motion and the motion carried. Preparation of a new projection with adjusted assumptions to

be reviewed was approved.

Report of Forms Subcommittee

Jennifer Roth, Forms Subcommittee Chair, provided and reviewed the revised Journal Entry of

Judgment, and the Presentence Investigation forms that added a checkbox to the PSI and Journal

Entry of Judgment (JE) as per K.S.A. 8-1567(c). Kevin Berens moved to approve the forms.

Chris Mechler seconded the motion and the motion carried.

Report of LSI-R Subcommittee

Vice Chair Wilson, Subcommittee Chair, reported that the subcommittee is gathering information

from data to review the various LSI-R scores utilized throughout the state. The subcommittee

will review the data at their next meeting.


Chris Mechler, Subcommittee Chair, reported the subcommittee toured the substance abuse

centers at Valeo, Topeka, and the Therapeutic Community, New Century.

3

New programming for the Treatment Providers Payment System (TPPS) software will be

implemented in the near future to help manage SB 123 treatment modality caps.

House Bill 2170 Subcommittee Report

Vice Chair Wilson, Subcommittee Chair elected to postpone any report from this subcommittee

until next meeting.

Justice Reinvestment Phase II Update

Secretary Roberts, Chair of the Steering Committee, reported they are meeting quarterly and

pursuing ideas and opportunities to help inform and train stakeholders in different jurisdictions

about the implementation of HB 2170.

Agency Report

Scott Schultz reported that the Sentencing Commission will be providing seven training sessions

statewide in Kansas to discuss HB 2170, SB 123, sentencing guidelines forms, and a recent

legislative update. Sessions begin September 12 in Topeka.

The annual KSC Workshop will be held in November. It is tentatively set for November 14th and

15th.

Executive Session

Kevin Berens moved to go into executive session to discuss personnel. Sec. Roberts seconded

the motion and the motion carried. Closed session began 4:10 p.m.

Once back in open session, Rep. John Rubin moved to return to executive session for another 10

minutes for further discussion. Shawn Elliott seconded the motion and the motion carried.

Closed session began 4:40 p.m.

Back in open session, Rep. Janice Pauls moved to increase the executive director’s salary $2,500

as soon as practical based on the assurance that the executive director will concentrate on the

KSC staff salaries. Amy Hanley seconded the motion and the motion carried.

The Honorable W. Lee Fowler abstained in voting on the motion as it was his first meeting.

Kevin Berens moved to adjourn, Betsy Gillespie seconded the motion and the motion carried.

Meeting adjourned at 5:08 p.m.

Next Meeting

The next Kansas Sentencing Commission meeting is scheduled for September 26, 2013 in the

Senate Room of the Jayhawk Tower, Topeka, Kansas.

Minutes of the Kansas Sentencing Commission Teleconference Meeting

September 10, 2013

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

teleconference meeting to order on September 10, 2013 at 11:08 a.m.

Participants:

Members:


Honorable W. Lee Fowler
















Guests:


Staff:







2

Approval of the Draft FY 2014 Prison Population Projections

Vice Chair Wilson referred to the revised projections which included the Commission’s adjusted

assumptions approved at the August 29, 2013 meeting.

The Honorable Patrick McAnany moved to approve both the assumptions and projections as

drafted and Representative Rubin seconded the motion. The motion carried and the assumptions

and projections were approved.

Senator Haley abstained.

Next Meeting

The next Kansas Sentencing Commission meeting is scheduled for October 24, 2013 in the

Senate Room of the Jayhawk Tower, Topeka, Kansas.

The meeting adjourned at 11:15 a.m.


September 26, 2013

Meeting Cancelled


October 24, 2013

Meeting Cancelled


November 13, 2013

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

Day 1, to order on November 13, 2013 at 9:02 a.m. in the Pioneer Room of the Topeka Capital

Plaza Hotel.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair

Honorable W. Lee Fowler, Vice Chair














Edward (Eddie) J. Regan, Public Member


Guests:

Tim Madden, Senior Counsel, Department of Corrections

Bree Derrick, Senior Policy Analyst, The Council of State Governments

Allison Berger, Program Associate, The Council of State Governments

Michael Pfannenstiel, Captain, Johnson County Sheriff’s Office

Alex Holsinger, Ph.D., Professor of Criminal Justice & Criminology, University of

Missouri - Kansas City

Kathleen Graves, Deputy Secretary, Department of Corrections

Robert Allison-Gallimore, Ks Legislative Research Department

Staff:




2





Approval of minutes and Election of Vice Chair

Chair Wilson referred to the Sentencing Commission Meeting minutes of August 29, 2013,

September 10, 2013 and of the Kansas Sentencing Commission LSI-R Subcommittee meeting

minutes on August 27, 2013. Chris Mechler moved to approve the minutes and Jennifer Roth

seconded the motion. The motion carried and the minutes were approved.

Chris Mechler moved to nominate the Hon. W. Lee Fowler to be the Vice Chair of the Sentencing

Commission and Judge McAnany seconded the motion. The motion carried and Judge W. Lee

Fowler will serve as vice chair of the Sentencing Commission.

Chair Wilson introduced and welcomed the newest commission member, Eddie J. Regan.

SB 123: The State of the Statute

Sean Ostrow, SB 123 Program Director provided a PowerPoint presentation including handouts

that reviewed the 10th year anniversary of the SB 123 Program. LSI-R cutoff scores and

graduated sanctions were discussed.

Adventures in Risk & Need Assessment: LSI-R

Alexander M. Holsinger, Ph.D., Professor of Criminal Justice and Criminology, University of

Missouri – Kansas City provided a PowerPoint presentation including handouts, Level of Service

Inventory - Revised: LSI-R.

Proposal to Amend K.S.A. 21-6610

Judge W. Lee Fowler provided a handout proposing an amendment to K.S.A. 21-6610, Transfer

of supervision of person paroled, on probation, assigned to community corrections or under

suspended sentence.

Judge Fowler shared that the discussion initiated from a Specialty Court Commission meeting

and wanted to address concerns regarding court supervision for out-of-county participants in drug

court programs.

KSC members engaged in discussion of the information presented.

Proposed Amendments for 2014 Legislation

Sean Ostrow provided all members with a handout, 2003 Senate Bill 123 Drug Treatment

Program Proposed Amendment for the 2014 Legislative Session, for discussion. K.S.A. 21-6824

references the SB 123 drug abuse treatment programs for certain offenders who are sentenced on

or after November 1, 2003. KSC members discussed possible amendments to present to the

legislature in 2014.

The workshop was adjourned at 4:54 p.m.

3


November 14, 2013

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

Day 2, to order on November 14, 2013 at 9:02 a.m. in the Pioneer Room of the Topeka Capital

Plaza Hotel.

Participants:

Members:


















Guests:

Tim Madden, Senior Counsel, Department of Corrections

Bree Derrick, Senior Policy Analyst, The Council of State Governments

Allison Berger, Program Associate, The Council of State Governments

Michael Pfannenstiel, Captain, Johnson County Sheriff’s Office

Robert Allison-Gallimore, Principal Analyst, KS Legislative Research Department

Dezeree Hodish, Legislative Fellow, KS Legislative Research Department

Staff:








4

Approval of Journal Entry Forms

Jennifer Roth, Chair of the Journal Entry Forms Subcommittee, provided and presented proposed

amendments to the Journal Entry of Sentencing Forms, Probation Revocation Forms and

Presentence Investigation Forms. After a brief discussion, Kevin Berens moved to approve the

Journal Entry Forms with the exception of adding a good time credit provision. Secretary Ray

Roberts seconded the motion and the motion carried.

Kevin Berens made the motion to accept the Presentence Investigation Report and Probation

Violation Hearing Forms. Betsy Gillespie seconded. The motion carried.

2013 HB 2170: What We’ve Learned in Four Months

Executive Director, Scott Schultz, provided and reviewed the 2013 HB 2170: What We’ve

Learned in Four Months.

Implementation of 2013 HB2170

Bree Derrick, Senior Policy Analyst, Council of State Governments, presented Justice

Reinvestment in Kansas. A handout was provided. KSC members engaged in discussion of this

presentation.

Brainstorming Session

Handouts were provided: HB 2170 Policy Considerations and Statutory Language Cleanup

Proposals (draft), Sentencing and Corrections Reforms in Justice Reinvestment States and data

was provided; HB 2170 Sanction as of 11/5/13 by County – Community Corrections, Prison

Sanction by county – Community Correction, Jail Sanction by County as of 11/6/2013 – Court

Services, Jail Sanction by County – Community Corrections and Prison Population Monthly

Monitoring Reports.

KSC members discussed at length HB 2170 legislative cleanup language, continued bed savings

analysis, possible good time credit percentage changes, expansion of the drug grid and

monitoring of treatment providers discussion will continue at the December KSC meeting.

The 2014 workshop will be held November 19 and 20.

The 2013 workshop was adjourned at 4:53 p.m.


December 19, 2013

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

order on December 19, 2013 at 1:32 p.m. in the Senate Room of the Jayhawk Tower.

Participants:

Members:











Tim Madden, Department of Corrections Designee







Guests:

Susanna Honaker, Little Government Relations, L.L.C.

Jason Thompson, Sr. Assistant Revisor of Statutes

Ed Klumpp, Representative for Association of Chief of Police and KS Sheriff

Staff:








Ebo Browne, Research Analyst

2

Welcome New Staff Member

Executive Director Scott Schultz introduced and welcomed new staff member, George Ebo

Browne, Research Analyst to the Sentencing Commission.

Approval of minutes

Chair Wilson referred to the Sentencing Commission Workshop meeting minutes of November

13-14, 2013. Judge McAnany moved to approve the minutes and Representative Rubin seconded

the motion. The motion carried and the minutes were approved.

Approval of the 2014 Proposed KSC Meeting Dates

Proposed 2014 KSC meeting dates were provided and reviewed. Betsy Gillespie moved to

approve the proposed schedule and Chris Mechler seconded the motion. The motion carried and

the 2014 KSC meeting dates were approved.

Overview of 2014 Legislative Draft Proposals

Sean Ostrow, Staff Attorney and Jason Thompson, Sr. Assistant Revisor of Statutes, reviewed

KSC’s 2014 draft legislation proposal concerning crimes, punishment and criminal procedure;

relating to sentencing; probation and postrelease supervision; amending K.S.A. 2013 Supp. 21-

6604, K.S.A. 22-3716 and repealing the existing sections.

Jennifer Roth moved to amend K.S.A 21-6604 by creating a new section for a certain provision in

K.S.A. 21-6604(a)(3). Shawn Elliott seconded the motion. The motion carried and the proposed

draft legislation will be revised.

Vice Chair Fowler moved to amend the proposed section in K.S.A. 22-3716(b)(3)(B)(i).

Representative Rubin seconded the motion and the motion carried with eight yeas and six nays.

Representative Rubin moved to approve KSC’s draft proposed language as written in K.S.A. 22-

3716(c)(1)(B), (C) and (D). Pastor Dotson seconded the motion and the motion carried.

Chris Mechler moved to approve KSC’s draft proposed language in K.S.A. 22-3716(c)(1)(B),

Judge Fowler seconded the motion and the motion carried. Amy Hanley opposed the motion.

Betsy Gillespie moved to approve KSC’s draft proposed language for K.S.A. 22-3716(c)(2).

Pastor Dotson seconded the motion and the motion carried.

Representative Rubin moved to have the Commission make a request of Jason Thompson to

create a new subsection (c)(10) “Misdemeanants” regarding retroactivity in K.S.A. 22-3716.

Betsy Gillespie seconded the motion and the motion carried. Amy Hanley opposed the vote and

Judge McAnany abstained.

Sean Ostrow provided a handout, Application of Incarceration Credit to Reduce Length of HB

2170 Prison Sanctions, which proposed amended language to restrict the application of time

served resulting in reduction of the length of the prison sanctions as set forth in K.S.A. 2013

Supp. 22-3716(c)(1)(C) and (D). Representative Rubin moved to adopt the language as written

with the addition to include quick dips. Betsy Gillespie seconded the motion and the motion

carried.

3

Betsy Gillespie moved to adopt KSC’S proposed changes to the 2013 HB 2170 Bill as a whole.

Representative Rubin seconded the motion and the motion carried. Amy Hanley, Chris Mechler,

and Jennifer Roth voted against the proposed legislation as a whole.

Scott Schultz, Executive Director provided a PowerPoint presentation, Review and Approval of

2014 Legislative Proposals with additional handouts; Increase Good Time Credits with

Retroactivity, Increase Good Time Credits No Retroactivity, Expanding Border Box and

Probation Box on Drug Grid, and Reducing Recidivism Through Effective Interventions.

The Kansas Sentencing Commission statutory requirements in K.S.A. 74-9101 were determined

to be met and a letter will be drafted to send to the Governor and the Joint Committee on

Corrections and Juvenile Justice Oversight on or before February 1, 2014.

K.S.A. 21-6610 Amendment Proposal

Vice Chair Fowler provided a letter with a proposal to amend K.S.A. 21-6610 to address concerns

regarding courtesy supervision.

Vice Chair Fowler moved to adopt the proposal as written. Representative Rubin seconded the

motion and the motion carried.

LSI-R Subcommittee Report

Chair Wilson reported that the subcommittee is moving forward; providing data to Dr. Holsinger,

Professor of Criminal Justice & Criminology, and timelines are being setup along with a

teleconference February 28, 2014.


Sean Ostrow, SB 123 Program Director provided copies of letters that were being distributed to

treatment providers including the new Treatment Monthly Insurance Report Form. In addition,

the revised SB 123 Supervising Officer Insurance Verification Form letter will be sent out to

Community Corrections Directors.

New members to the subcommittee will be as follows: Kathleen Graves, Deputy Secretary, Dept.

of Corrections; Kevin Smith, Dept. of Corrections; and Marie McNeil, Community Corrections.

Together the group will organize working groups with treatment providers to evaluate current

cost caps and length of treatment.

Agency Report

Executive Director, Scott Schultz provided a summary of the agency’s projects and latest

accomplishments. Some of those included: completion of the 2013 Desk Reference Manual, CPR

and first aid training for the entire staff, the introduction of new 2013 HB 2170 and drug crimes

laminated flowcharts that will be available for sale, and creation of HB 2170 training videos to be

placed on the agency website.

4

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. January 17, 2014 at the Jayhawk

Tower, Senate Room.

Meeting adjourned 5:07 p.m.

susan honaker, little government relations, llc · kevin n. berens, thomas county attorney j. shawn...

Documents