Minutes of the Kansas Sentencing Commission Meeting ...sentencing.umn.edu/sites/sentencing.umn.edu/files...2012 SB 394 vests the Secretary of Corrections with the authority to form

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Minutes of the Kansas Sentencing Commission Meeting

January 27, 2012 The Honorable Ernest L. Johnson called the Kansas Sentencing Commission Meeting to order on January 27, 2012 at 1:40 p.m. in the Florentine Room of Jayhawk Tower.

Participants:

Members:

Honorable Ernest L. Johnson, Chair Honorable Richard M. Smith, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Senator Thomas C. (Tim) Owens Representative Patricia N. Colloton 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:

Tim Madden, Senior Counsel to Secretary of Corrections Sarah M. Hansen, Kansas Association of Addiction Professionals Stuart Little, PhD, Lobbyist for Kansas Community Corrections Association Susanna Crandall, Little Government Services Sean Ostrow, Revisor of Statutes Office Jason Thompson, Revisor of Statutes Office Claudia Larkin, Mirror, Inc.

Staff:

Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director

Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Jennifer Dalton, Accountant Trish Beck, Program Assistant

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Approval of the Minutes

Chairman Johnson referred to the minutes of the December 15, 2011, Kansas Sentencing Commission (KSC) Meeting. Judge McAnany moved to approve the minutes and Betsy Gillespie seconded the motion. The motion carried and the minutes were approved.

Welcome

Chairman Johnson welcomed guests and thanked them for their interest.

SB 123 Proposed Legislation 12rs1922

Chris Mechler and Jennifer Roth provided a presentation with handouts: 2011 current Drug Grid, Proposed Drug Grid, Quick Reference Sentencing Range, Minutes of the SB 123 Subcommittee Meeting December 19, 2011, and Bed Space Impact Assessment Expanding D4 Probation Boxes and D3 Border Boxes. Sean Ostrow developed a House Bill proposal concerning crimes, criminal procedure and punishment; relating to drug treatment programs; relating to disposition and supervision of offenders; amending K.S.A. 2011 Supp. 21-6604, 21-6805, 21-6824, 75-5291 and 75-52,144 and repealing the existing sections; also repealing K.S.A. Supp 75-5291(b). After much discussion, Chris Mechler moved that the KSC make the bill proposal to Legislature with the Senate introducing the bill. Jennifer Roth seconded the motion and the motion carried.

Five Level Drug Grid Proposed Legislation Sub HB 2318

Jason Thompson provided handouts; Memorandum - HB 2318- Amendments to the Recodified Drug Code, and the Proposed 5 Level Drug Grid.

Re-Visited Business

Betsy Gillespie reported that consistent state-wide cut-off score for placement of supervision is not in place. The intention of the KSC is to develop a state-wide cut-off score for different levels of risk. With that said, Ms. Gillespie moved the KSC continues to study and gather data utilizing the state-wide LSI-R cut-off score until data is collected and available from the 12 month pilot period. Rep. Colloton seconded the motion. During discussion it was agreed that the state needs to be consistent with a LSI-R cut-off score being used during the pilot period. Rep Colloton proposed a subsequent motion that KSC recommends that OJA and Community Corrections establish a consistent state-wide LSI-R cut-off score of 21 and higher to be supervised at Community Corrections and the score of 20 and lower to be supervised by Court Services. All of which applies to the DUI Bill [SB 6] for all offenders granted probation unless otherwise specified in K.S.A. 75-5291(a)(2) and non-treatment SB 123. Secretary Roberts seconded the motion and the motion carried. Chris Mechler opposed the motion.

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New Developments

Chris Mechler reported that a decision from the Supreme Court will mandate that every judge who hears criminal and/or DUI cases have LSI-R training on April 17-19 in Manhattan, Hayes, and Wichita. Secretary Roberts reported that the Governor recommended in FY13 the reopening of the Labette Facility for geriatric and minimal custody offenders. Several million dollars were also recommended for renovations and start-up costs for Labette, contract jail beds and offender programs for FY12 and FY13.

Agency Report

Scott Schultz, Executive Director reported the agency is in full swing. Thirty-one impacts have been requested from the Legislative session thus far, a private research request has been made, Grant applications have been submitted, the Annual Report is due in March, and the Kansas Sentencing Guideline Desk Reference Manual (DRM) orders are continually being filled.

The next Kansas Sentencing Commission meeting is scheduled for Friday, February 17, 2012 at 1:30 p.m. in the Senate Room of the Jayhawk Tower.

Next Meeting

The meeting was adjourned at 4:57 p.m.

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February 17, 2012

MEETING CANCELLED

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March 16, 2012

MEETING CANCELLED

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April 27, 2012

The Honorable Ernest L. Johnson called the Kansas Sentencing Commission meeting (KSC) to order

on April 27, 2012, at 1:47 p.m. in the Senate Room of Jayhawk Tower.

Participants:

Members:

Honorable Ernest L. Johnson, Chair

Honorable Richard M. Smith, Vice Chair

Honorable Patrick D. McAnany

Senator David B. Haley

Representative Janice L. Pauls

Senator Thomas C. (Tim) Owens

Representative Patricia N. Colloton

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:

Ed Klumpp, Representative for the Kansas Association of Chiefs of Police, Kansas

Sheriffs Association, and the Kansas Peace Officers Association.

Staff:

Scott M. Schultz, Executive Director

Brenda Harmon, Special Assistant to the Executive Director

Kunlun Chang, Director of Research

Fengfang Lu, Senior Research Analyst

Jennifer Dalton, Accountant

Trish Beck, Program Assistant

Carrie Krusor, Research Data Entry

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Chairman Johnson referred to the minutes of the January 27, 2012, Kansas Sentencing Commission

meeting. Representative Pauls moved to approve the minutes and the Honorable Patrick McAnany

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

LSI-R Update – Office of Judicial Administration Training for the Judiciary

Two handouts were provided:

Memorandum from Honorable Ernest L. Johnson, Chair regarding KSC

recommended cut-off scores for supervision placement of DUI offenders.

Thank you letter from Nancy Dixon, Judicial Administrator

Chairman Ernest Johnson, Vice Chair Richard Smith, Chris Mechler, and Brian Lovins, Assistant

Director of University of Cincinnati, participated in a three-day LSI-R training for Kansas District

Court Judges. Positive feedback was received from the judiciary. One hundred eighty-nine judges

were trained and a training video was created and is available for those judges who could not attend.

There are plans to train prosecutors and defense attorneys in the LSI-R at a later date.

Legislative Update

Three handouts were provided to Commission members as authored by Jason Thompson, Office of

Revisor of Statutes:

Proposed Amendments to Senate Sub for Sub HB 2318, April 26, 2012.

Conference Committee Report regarding Senate Sub for Sub HB 2318.

Proposed technical amendments to HB 2318 as amended by the Senate Committee of the

Whole.

Senate Sub for Sub HB 2318 includes provisions to address sentencing proportionality/drug offenses

by creating a five-level drug grid and is still being discussed in the legislature. The substantial change

in the drug grid is the new level two that has been inserted and the severity of punishment is based

upon quantity rather than number of previous convictions. All possession charges are proposed to be

moved to level five crimes.

To address proportionality with the nondrug grid, the KSC has also approved and proposed placement

of border boxes in level IV, Category C-D and the presumptive probation boxes would extend to level

V, Category C-D will be Border Boxes.

The KSC will continue to work on legislative proportionality proposals for the drug grid.

Requests to Modify Journal Entry Forms

Scott Schultz provided two handouts regarding HB 2469:

Request for Modification of Form; Probation Revocation, from Patricia Scalia, Executive

Director for Board of Indigent Defense Services

Proposed Probation Revocation Form (includes the addition of BIDS Fees Ordered added.)

As a result of the request of the journal entry modification from BIDS and others received by the

Commission, the KSC will reinstate the Journal Entry Forms Subcommittee. Chairman Ernest

Johnson, Vice Chair Richard Smith, Jennifer Roth, Chris Mechler, Amy Hanley, and Scott Schultz are

appointed to review and provide drafts of KSC forms to the Commission that reflect current changes

in the sentencing law.

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Executive Session

Vice Chair Smith moved to enter into Executive Session including Scott Schultz for 15 minutes. Ms.

Mechler seconded the motion and the motion carried. Out of Executive Session, Mr. Schultz

announced that Jarod Waltner will be the new Program Manager for the agency, starting May 14,

2012.

Agency Report

Executive Director Scott Schultz thanked Chairman Ernest Johnson for his consistent counsel and

Brenda Harmon for successfully tracking bills and preparing the research team for impacts during this

legislative session.

The KSC SB 123 Subcommittee will soon be scheduling meetings to discuss continuing the outside

audit of treatment providers and to propose revisions to the SB 123 Operations Manual.

The agency has received an invitation and data request from the Council on State Governments (CSG)

to be part of the Kansas Justice Reinvestment Initiative. 2012 SB 394 vests the Secretary of

Corrections with the authority to form a justice reinvestment working group. No objection by

members was raised to cooperate with a data request from CSG on April 17, 2012. As such, the

agency will comply with the request.

On April 16, 2012, Mr. Schultz and Fengfang Lu met with Kansas Criminal Justice Information

System (KCJIS) Subcommittee members to attempt to assemble a statute file together for OJA, DOC,

KBI, and KSC in an effort to preclude duplication of work. The KSC is also attempting to acquire

KCJIS access.

To date, 740 Desk Reference Manuals and 45 CDs have been sold with total revenues of $15,260.00.

Email notifications are being sent twice per month to newsletter subscribers as a reminder to order.

The KSC 2011 Annual Report is complete and has been mailed or emailed to stakeholders. Mr.

Schultz thanked Fengfang Lu for a great job.

Present domestic violence (DV) tag journal entry data was presented in a handout by Mr. Schultz. The

office has processed 45 cases since the July 1, 2011 effective date.

Upcoming presentations for the KSC include the Kansas County and District Attorney’s Association’s

2012 Spring Support Staff meeting on June 15 in Wichita. Jennifer Roth will be accompanying the

executive director to discuss journal entries.

New Business

The KSC agreed to pay for the registration fee of Representative Pat Colloton for the 2012 conference

of the National Association of Sentencing Commissions.

Next Meeting

The next Kansas Sentencing Commission meeting is scheduled for Thursday, May 17, 2012, at 1:30

p.m. in the Senate Room of the Jayhawk Tower.


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May 17, 2012

Meeting Cancelled

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June 28, 2012

The Honorable Ernest L. Johnson called the Kansas Sentencing Commission meeting (KSC) to order

on June 28, 2012, at 1:39 p.m. in the Regency North East Room of Ramada Inn Conventional Center.

Participants:

Members:

Honorable Ernest L. Johnson, Chair

Honorable Richard M. Smith, Vice Chair

Honorable Patrick D. McAnany

Senator David B. Haley

Representative Janice L. Pauls

Senator Thomas C. (Tim) Owens

Representative Patricia N. Colloton

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:

Michael Wales, Kansas Legislative Research Department

Staff:


Brenda Harmon, Special Assistant to the Executive Director

Kunlun Chang, Director of Research

Fengfang Lu, Senior Research Analyst

Jarod Waltner, Program Manager

Trish Beck, Program Assistant

Carrie Krusor, Research Data Entry

Chris Chavez, Research Analyst

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Chairman Johnson referred to the minutes of the April 27, 2012, Kansas Sentencing Commission

meeting. Chris Mechler moved to approve the minutes and the Honorable Richard Smith seconded the

motion. The motion carried and the minutes were approved.

Welcome New Staff and Commission Member

Executive Director Scott Schultz introduced new employee Jarod Waltner to the Kansas Sentencing

Commission. Mr. Waltner will serve as the SB 123 Program Administrator and the agency Fiscal

Director.

Another introduction was provided to welcome new Commission member, Quentin L. Martin, Topeka.

Approval of Kansas Sentencing Guidelines Forms

Scott Schultz provided the proposed 2012 Kansas Sentencing Guideline forms:

Presentence Investigation Report (PSI)

Journal Entry of Judgment (JE)

Journal Entry of Probation Revocation Hearing

Sentencing Range- Drug Offenses

Journal Entry Forms Subcommittee members: Chairman Ernest Johnson, Vice Chair Richard Smith,

Jennifer Roth, Chris Mechler, Amy Hanley, and Scott Schultz provided drafts and reviewed the KSC

forms that reflect 2012 legislative changes in criminal sentencing law. Upon reviewing each form,

minor modifications will be made to the PSI and JE forms. The drug grid will have additional

threshold units added at a later date. The Honorable Richard Smith moved to approve the forms after

modifications as discussed and Senator Tim Owens seconded the motion. The motion carried and the

forms were approved.

SB 123 Subcommittee

Chris Mechler reported that the subcommittee will begin work revising the SB 123 Operations

Manual. The subcommittee plans to schedule a meeting during the week of July 23, 2012.

Agency Report

On April 16, 2012, Mr. Schultz and Fengfang Lu met with Kansas Criminal Justice Information

System (KCJIS) subcommittee members to attempt to assemble a statute file together for OJA, DOC,

KBI, and KSC in an effort to preclude duplication of work. The KSC also attempted to acquire KCJIS

access, but found that data necessary for its purposes were instead available in KBI criminal history

databases.

Private research requests of KSC continue to be steady.

The Kansas County and District Attorney’s Association’s 2012 Spring Conference was held on June

15 in Wichita. Carrie Krusor, Chris Chavez and Executive Director Scott Schultz presented a Journal

Entry of Sentencing and PSI forms presentation relating to the 2012 legislative changes.

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New Business

The Honorable Ernest Johnson appointed a KSC Staff Compensation Committee to review KSC

issues. The committee consists of the Honorable Richard Smith, Honorable Ernest Johnson, Amy

Hanley, and Secretary Ray Roberts.

Chairman Johnson thanked the KSC staff and the Commission members for the opportunity to be

Chairman.

Next Meeting

The next Kansas Sentencing Commission meeting is scheduled for Thursday, July 26, 2012, at 1:30

p.m. in the Senate Room of the Jayhawk Tower.



July 26, 2012

Meeting Cancelled

Minutes of the Kansas Sentencing Commission Meeting August 23, 2012

The Honorable Richard M. Smith called the Kansas Sentencing Commission meeting (KSC) to order on August 23, 2012, at 1:38 p.m. in the Senate Room of Jayhawk Tower. Participants:

Members:

Honorable Richard M. Smith, Chair Honorable Evelyn Z. Wilson, Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Senator Thomas C. (Tim) Owens Representative Patricia N. Colloton 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: Michael Wales, Kansas Legislative Research Department Stuart Little, PhD, Lobbyist for Kansas Community Corrections Association Staff:


Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research

Fengfang Lu, Senior Research Analyst Jarod Waltner, Program Manager Trish Beck, Program Assistant Jennifer Dalton, Accountant

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Welcome New Chairman and Commission member Executive Director Scott Schultz announced that Governor Brownback recently appointed the Honorable Richard M. Smith to serve as Chairman of the Sentencing Commission. Chairman Smith stated his appreciation to Governor Brownback for the opportunity to serve as Chair. Chairman Richard Smith welcomed the Honorable Evelyn Z. Wilson, Shawnee County District Court, as a recently appointed commission member by Kansas Supreme Court Chief Justice Lawton R. Nuss. Approval of the Minutes Chairman Richard Smith referred to the minutes of the June 28, 2012, Kansas Sentencing Commission meeting. Kevin Behrens, Thomas County Attorney moved to approve the minutes and Representative Janice Pauls seconded the motion. The motion carried and the minutes were approved Nomination and Approval of KSC Vice Chair Representative Janice Pauls nominated the Honorable Evelyn Wilson to be the new Vice Chair effective immediately. The Honorable Patrick McAnany seconded the motion and the motion carried. Honorable Wilson graciously accepted the nomination of Vice Chair for the Sentencing Commission. FY 2013 Adult Prison Population Projections Executive Director, Scott Schultz thanked the KSC research staff and DOC for the data required to compile the FY 2013 Adult Prison Population Projections. The FY 2013 Adult Prison Population Consensus Group members approved the projections. A presentation was provided by the Executive Director with handouts in addition to other materials:

• Table: Kansas Reported Crime Index in the Past Five Years • Table 3: US Reported Crime Index Percentage Change for Consecutive Years • Letter from Secretary Ray Roberts to Hon. Richard M. Smith

During discussion Kevin Berens, Thomas County Attorney moved to accept the projections that included utilizing 80 Parole/Postrelease Condition Violators per month. J. Shawn Elliott, Attorney seconded the motion. The motion carried and was approved. Executive Session Representative Patricia Colloton moved to go into Executive Session for 15 minutes to discuss KSC personnel issues, and Director of Johnson County Corrections, Elizabeth Gillespie seconded the motion. The motion carried and was approved. Out of Executive Session, that based on the recommendation of the KSC Staff Compensation Committee, Assistant Attorney General, Amy Hanley moved to increase the salary of Kunlun Chang, Director of Research 5% based on merit and the date of his last salary increase. Senator David Haley seconded the motion and the motion carried. Chairman Smith provided that ongoing recommendations for the rest of the KSC staff will continue to be reviewed by the KSC Staff Compensation Committee. SB 123 Subcommittee Report In 2010, Kansas Health Solutions (KHS) audited the SB 123 program. The committee discussed again acquiring information from KHS and what they can do for the program. Rather than repeating audits with

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similar scope, the committee felt it was important to study “what works” and “what doesn’t work”, focusing on recidivism. Pastor Junius Dotson moved to approve the subcommittee’s plan to prioritize the needs of the program. Betsy Gillespie, Director of Johnson County Corrections seconded the motion and the motion was carried and approved. Court Services Specialist, Chris Mechler moved that the Commission consider changing the policy in the SB 123 Operations Manual effective January 1, 2013 to read that treatment providers need to bill insurance companies first, and then the Kansas Sentencing Commission to be the last resort of reimbursement. Representative Pauls seconded the motion. The motion carried and was approved. Chris Mechler reported that the subcommittee will continue to revise the SB 123 Operations Manual. The next subcommittee meeting is scheduled for Thursday, October 25, 2012 at 9:00 a.m. in the KSC Conference Room. New Business Tentative date for the 2012 Kansas Sentencing Commission Workshop is November 15 and 16, 2012 with the possibility of an additional day being November. Agency Report On Aug. 6-7, 2012, Chairman Richard Smith and Executive Director Scott Schultz attended the annual National Association of Sentencing Commissions conference. Held in Chicago, the latest trends and practical applications of evidence-based practices were presented. A highlight of the meeting was a session involving the Kansas SB 123 drug nonprison sanction program. Panelist featured were Judge Richard Smith, Commission Chair and former Commission member Tom Drees, Ellis County Attorney. An invitation was extended to Council of State Governments Justice Center, inviting Andrew C. Barbee, Senior Research Associate and Anne Bettesworth, Policy Analyst to attend the KSC Workshop and present the findings of the Kansas Justice Reinvestment project. 2012 Desk Reference Manual (DRM) is under construction. The KSC is looking into an extern law clerk from Washburn or University of Kansas for agency assistance. Private research requests of KSC continue to be steady. Website redesign is being discussed and utilizing credit card payments for DRM purchases is being researched. Next Meeting

The next Kansas Sentencing Commission meeting is scheduled for Thursday, October 25, 2012, at 1:30 p.m. in the Senate Room of the Jayhawk Tower. The meeting was adjourned at 4:08 p.m.

Minutes of the Kansas Sentencing Commission Meeting September 27, 2012

Meeting Cancelled

Minutes of the Kansas Sentencing Commission Meeting October 25, 2012

The Honorable Evelyn Z. Wilson called the Kansas Sentencing Commission meeting (KSC) to order on October 25, 2012, at 1:32 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 Representative Patricia N. Colloton 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: Michael Wales, Kansas Legislative Research Department Stuart Little, PhD, Lobbyist for Kansas Community Corrections Association Tim Madden, Department of Corrections Staff:


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

Jarod Waltner, Program Manager Trish Beck, Program Assistant Jennifer Dalton, Accountant

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Welcome new Commission member Vice Chair Evelyn Wilson welcomed Senator Carolyn McGinn, as a recently appointed commission member who is replacing Senator Tim Owens. Approval of the Minutes Vice Chair Evelyn Wilson referred to the minutes of the August 23, 2012 Kansas Sentencing Commission meeting. Betsy Gillespie moved to approve the minutes and Chris Mechler seconded the motion. The motion carried and the minutes were approved. Kansas Sentencing Forms Executive Director Scott Schultz provided information regarding the placement of a new Special Rule 39 Felony Test Refusal in the PSI and JE. Handouts were provided to support the need for changes:

• Statute K.S.A. 21-6804(i)(1). Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition.

• Statute K.S.A. 21-6807. Crime severity scale for nondrug crimes; application to specific crimes; ranking offenses; provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea.

• Presentence Investigation Report (PSI)- draft • Journal Entry of Judgment (JE)- draft

Mr. Schultz discussed the concerns for the additions and placement of the new information. After discussion, Kevin Berens made a motion to move the “Special Rule 39 - Felony Test Refusal” insert from the category of “Nongrid Offenses” on the Special Rules page and apply it to the category “Habitual or Repeat Offenses” on both the PSI and JE. In addition to the relocation of this special rule, Mr. Berens also moved to remove “nongrid” from the description of the Special Rule 39. Chris Mechler seconded the motion. The motion carried and was approved. On the PSI form, page 5, #6 Placement Options, it was proposed to add “or Special Rule” within the Community Corrections section, including a check box, “Special Rule Applies” to help support the Special Rule 9 - Crime Committed While Incarcerated and Serving a Felony Sentence, or While on Probation, Parole, Conditional Release, or Postrelease Supervision for a Felony. Ms. Mechler made a motion to approve the proposals. Mr. Berens seconded the motion. The motion carried and was approved. SB 123 Subcommittee Report Chris Mechler provided an update and a handout from Kansas Association of Addiction Professionals (KAAP). The letter provided provider testimony regarding treatment provider concerns over changes in insurance billing. Ms. Mechler made a motion based on recommendations from the Subcommittee meeting proposing that the KSC will pay up to the amount of the cap or the negotiated amount, whichever is less, within 45 days after the 3rd party provider has provided notice and payment, if any, as of January 1, 2013. All proposals will be reflected in the SB 123 Operations Manual. Jennifer Roth seconded the motion. The motion carried and was approved.

Ms. Mechler reported that the Subcommittee will continue to revise the SB 123 Operations Manual. Anticipated completion date is December 31, 2012. A proposed contract has been drafted from Kansas Health Solutions (KHS) to do a program review. The Subcommittee is in current negotiations and hopes to finalize this agreement shortly.

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The Subcommittee will develop a SB 123 form to justify extended stay within range of care and length of stay. Scott Schultz discussed SB 123 Assessment Fees. SB 123 Offender Reimbursement is currently $300. Since the law has recently changed relating to LSI-R and low-risk offenders not qualifying for treatment, the fees need adjusted accordingly. Betsy Gillespie made a motion to change the amount charged to the offender for SB 123 Assessment fee from $300 to $200. If the offender is ordered to treatment, an additional $100 will be collected for the SB 123 Offender Reimbursement. Jennifer Roth seconded the motion. The motion carried and was approved. Kevin Berens opposed the motion. Amy Hanley moved to amend the Journal Entry of Judgment form and the Presentence Investigation form to reflect the changes of the SB 123 fees. Ms. Gillespie seconded the motion. The motion carried and was approved. The next Subcommittee meeting is scheduled for sometime during the November 14, 15, & 16, 2012 KSC Workshop at the Holiday Inn Holidome, Salon A, Topeka, Kansas. KSC 2012 Workshop The 2012 Kansas Sentencing Commission Workshop is November 14, 15 and 16, 2012 at the Holiday Inn Holidome, Topeka, Kansas. Scott Schultz discussed the tentative agenda and speakers. Statute description, K.S.A. 74-9101 Kansas Sentencing Commission; establishment; duties was provided for possible workshop discussion. Executive Session Amy Hanley moved to go into Executive Session for 15 minutes after a short 10 minute break to discuss KSC personnel issues, and Kevin Berens seconded the motion. The motion carried and was approved. Out of Executive Session, based on the recommendation of the KSC Staff Compensation Committee, Amy Hanley moved to increase the salary of Carrie Krusor five percent based on merit and the date of her last salary increase. Kevin Berens seconded the motion and the motion carried. Ms. Hanley provided that ongoing recommendations for the rest of the KSC staff will continue to be reviewed by the KSC Staff Compensation Committee. Agency Report Scott Schultz provided a letter that was sent to Governor Parkinson on February 25, 2010 showing what information the KSC provides when the Commission projects within two years that the prison population will exceed capacity. . A letter was also provided from Secretary Ray Roberts to Honorable Richard M. Smith stating current KDOC inmate capacity of the Kansas correctional system. KSC, upon execution of a memorandum of understanding, will now have access to KBI data, providing important arrest data that will assist the KSC in performing its duties as the Statistical Analysis Center for criminal justice in the state. KSC will be redesigning their web site with a target launch date being January 1, 2013.

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The 2012 Desk Reference Manual’s target date to send to the printer is Thanksgiving. KSC Presentations were given by Scott Schultz, Executive Director; Carrie Krusor, Research Data Entry Operator III; and Chris Chavez, Research Analyst in Hutchinson and Olathe to assist CSO’s with sentencing forms and 2012 legislative changes. Private research requests of KSC continue to be steady. Next Meeting

The next Kansas Sentencing Commission meeting is the Workshop scheduled for November 14, 15 & 16, 2012, at Holiday Inn Holidome, Topeka, Kansas. The meeting was adjourned at 3:51 p.m.

Minutes of the Kansas Sentencing Commission Workshop November 14, 2012

The Honorable Richard M. Smith called the Kansas Sentencing Commission Workshop (KSC) to order on November 14, 2012, at 9:10 a.m. in Salon A of the Holiday Inn Holidome West.

Participants:

Members:


Guests:

Andy Barbee, Research Manager, Council of State Government Justice Center Anne Bettesworth, Policy Analyst, Council of State Government Justice Center Tim Madden, Sr., Council to Secretary of Correction, Department of Corrections Lauren Douglass, Principal Analyst, Legislative Research Department Katherine McBride, Assistant Revisor of Statutes, Revisor of Statutes Jessica Brunton, Research Analyst IV, Department of Corrections David Frampton, Research Analyst, Department of Corrections Jeremy Barclay, Special Assistant/Communications Director, Department of Corrections Travis Elliott, Court Services Officer II, 8th Judicial District

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Staff:


Fengfang Lu, Senior Research Analyst Jarod Waltner, Program Manager Jennifer Dalton, Accountant

Welcome

Chairman Richard M. Smith welcomed KSC Members and Guests to the Kansas Sentencing Commission’s 2012 Workshop.


Chairman Richard M. Smith referred to the minutes of the October 25, 2012 Kansas Sentencing Commission meeting. Representative Pat Colloton moved to approve the minutes and Chris Mechler seconded the motion. The motion carried and the minutes were approved.

Goals

Chairman Richard M. Smith explained the primary objective for the workshop by referring to K.S.A. 74-9101 and requested that the focus be directed towards identifying and analyzing options to propose in order to comply with KSC’s obligation to make recommendations for the reduction in prison population.

Justice Reinvestment in Kansas

Andy Barbee, Research Manager, Council of State Government Justice Center, provided handouts and presented, Justice Reinvestment in Kansas. KSC members discussed issues regarding graduated sanctions, the Johnson County Pilot Project, risk-based probation, offender restitution, health insurance, reevaluating postrelease supervision, the determining LSI-R cutoff scores and intermediate sanctions. KSC members also discussed North Carolina’s House Bill 642 related to swift and certain sanctions.

Sentencing Commission Overview

Executive Director, Scott Schultz, provided handouts and presented, What Are We Doing Here: An Overview of the Kansas Sentencing Commission. The overview consisted of the history of the Commission, its broad duties and responsibilities and 2012 legislative update in criminal law and procedure. The workshop was adjourned at 4:07 p.m.

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Participants:

Members:


Guests:

Sara Dube, Manager, Results First, The Pew Charitable Trusts Ashleigh Holand, Senior Associate, Results First, The Pew Charitable Trusts Tim Madden, Sr., Council to Secretary of Correction, Department of Corrections Lauren Douglass, Principal Analyst, Legislative Research Department Katherine McBride, Assistant Revisor of Statutes, Revisor of Statutes Jessica Brunton, Research Analyst IV, Department of Corrections David Frampton, Research Analyst, Department of Corrections Jeremy Barclay, Special Assistant/Communications Director, Department of Corrections Kevin Murray, Chief Court Services Officer, 21st Judicial District, President, KACSO

Staff:



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Kansas Results First Initiative

Ashleigh Holand, Senior Associate, Results First, The Pew Charitable Trusts, provided handouts and presented, Results First. Results First utilizes the state’s fiscal data to predict total costs and benefits for each offender program. This approach is to predict state-specific return on investment for each program. Jeremy Barclay, Special Assistant/Communications Director, Department of Corrections, provided handouts and presented, Kansas Results First Crime Model, highlighting the seven Department of Corrections programs in which Results First is being applied. Mr. Barclay stated the Kansas Results First Crime Model is preliminary as the model isn’t fully customized until additional Kansas data is made available. Only adult programming will be used at this time. KSC members discussed information provided from both presentations.

Challenges in Corrections

Secretary Ray Roberts, provided handouts and presented, Challenges in Corrections. The presentation included the Mentoring 4 Success program, the current status of gangs in prison, Department of Corrections Victim Services Unit, Prison Rape Elimination Act, and the Second Chance Act Adult Offender Comprehensive Statewide Recidivism Reduction Grant, which was awarded to Kansas. KSC members asked questions and engaged in discussions. The workshop was adjourned at 2:59 p.m.

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Participants:

Members:


Guests:

Ed Klumpp, Representative for Association of Chief of Police and Kansas Sheriff Stuart Little, PhD, Lobbyist for Kansas Community Corrections Association Julie Whitney, Court Services Officer, 5th Judicial District

Staff:



Brainstorming and Development of Recommendations

KSC members discussed options to be studied with the target being to reduce the prison population.

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Representative Jan Pauls made the motion to create a KSC Sentencing Policy Subcommittee to study and develop the concepts as listed below by priority and provide recommendations to the full Commission. Representative Pat Colloton seconded the motion and the motion carried.

Prioritized Concepts to be developed by the Sentencing Policy Subcommittee

1. Incentivize Offenders

by providing credited time to probation term if programs are attended.

2. Propose Statewide LSI-R Legislation

to authorize KSC to make cut-off score decisions based upon risk and promulgate requirements for services based upon risk levels. KSC will periodically review data and make recommended changes.

3. Postrelease Supervision. Authorize Secretary of Corrections to determine based upon risk or based upon the Secretary’s decision similar to parole to decide early release. Without changing postrelease, early termination could be granted. Eliminate requirement of adding good time credit to postrelease supervision time. Excluding sex offenders

, establish minimums by the Secretary with the legislative Rules and Regulations Committee.

4. Intrastate Mandatory Disposition of Detainers

when in KDOC-Previous bill drafted for pending probation revocations only. Burden on defendant to dispose of detainer.

5. Special Sentencing Rules 9 & 10. Change Special Rule 9, consecutive sentencing to discretionary

rather than mandatory for offenders on supervised release only and consider non-person/person determination after impact. The same provisions would apply to Special Rule 10, crime committed while on felony bond.

A Sentencing Policy Subcommittee was established. The KSC members appointed to serve as a member of the Subcommittee are: Chairman Richard Smith, Vice Chair Evelyn Wilson, Representative Jan Pauls, Representative Pat Colloton, Chris Mechler, Secretary Ray Roberts, Amy Hanley, Betsy Gillespie, Kevin Berens, Jennifer Roth and Quentin Martin, along with Executive Director, Scott Schultz. The Sentencing Policy Subcommittee will try and meet as soon as possible.

Next Meeting

The next Kansas Commission meeting is scheduled for December 13, 2012, at 1:30 p.m. in the Senate Room of the Jayhawk Tower. The workshop was adjourned at 11:56 a.m.

Minutes of the Kansas Sentencing Commission Meeting December 13, 2012

The Honorable Richard M. Smith, Chairman called the Kansas Sentencing Commission meeting to order on December 13, 2012, at 1:32 p.m. in the Senate Room of Jayhawk Tower. Participants:

Members:


Guests: Travis Elliott, Court Services Officer II, 8th Judicial District Stuart Little, PhD, Lobbyist for Kansas Community Corrections Association Tim Madden, Department of Corrections Staff:


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

Jarod Waltner, Program Manager Trish Beck, Program Assistant Jennifer Dalton, Accountant

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Approval of the Minutes Chairman Smith referred to the minutes of the November 14-16, 2012, Kansas Sentencing Commission Workshop. Chairman Smith moved to approve the minutes and Betsy Gillespie seconded the motion. The motion carried and the minutes were approved. Justice Reinvestment in Kansas Recommendations & Findings Scott Schultz provided the handouts to the Justice Reinvestment in Kansas PowerPoint presentation created by Andy Barbee, Research Manager, Council of State Governments Justice Center. KSC Proposed Legislation Scott Schultz provided a summary of the Kansas Justice Reinvestment DRAFT Policy Options which were adopted by the KSC Sentencing Policy Subcommittee and recommended the Commission. The options are as follows:

1. Strengthen Probation Supervision a. Ensure access to community-based programming for higher-risk offenders sentenced

to probation supervision. b. Enable probation officers to use swift and certain responses to minor violations by

felony probationers without a court hearing. c. Replace the costly and ineffective community corrections revocation process with a

more meaningful and safer approach. d. Allow community corrections officers to prioritize higher-risk cases and reduce the

length of time on community corrections for successful, lower-risk offenders. 2. Successful Reentry

a. Remove the requirement that good time earned while incarcerated be added to the period of postrelease supervision (PRS).

b. Require PRS upon reentry after receiving a revocation of probation. c. Refocus reentry priorities and seize the opportunity to further previous gains. d. Increase victim restitution collection from prisoners.

3. Safer Communities a. Deter crime and respond more appropriately to persons with mental illness by

providing law enforcement with competitive grant funding for strategic initiatives. b. Solve crime and more efficiently apprehend and prosecute individuals committing

crime by enhancing Kansas Bureau of Investigation’s ability to process crime scene evidence.

In preparation of proposing legislation, Chris Mechler moved to accept the proposed recommendations from the Sentencing Policy Subcommittee and Betsy Gillespie seconded the motion. The motion carried and the recommendations were approved. Kunlun Chang reviewed handouts showing how the proposed changes to Special Sentencing Rule # 9 and # 10 will affect the prison bed population if the language is amended to allow consecutive sentencing to be discretionary rather than mandatory for offenders. The Sentencing Policy Subcommittee will discuss the proposals further and give a report to the commission in January. The next meeting dates for the Subcommittee were scheduled for 10:00 a.m. on January 2 and January 9.

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SB 123 Subcommittee Report Chris Mechler, Chair reported that a letter was sent out to all SB 123 providers informing them that the KSC will pay for treatment up to the amount of the cap or the negotiated amount, whichever is less, within 45 days after the 3rd party provider has provided notice and payment, if any, as of January 1, 2013. The next Subcommittee meeting date and time is to be determined. 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 January 18, 2013 in the Senate Room of the Jayhawk Tower, Topeka, Kansas. The meeting was adjourned at 3:40 p.m.

Documents

Minutes of the Kansas Sentencing Commission Meeting ...sentencing.umn.edu/sites/sentencing.umn.edu/files...2012 SB 394 vests the Secretary of Corrections with the authority to form