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Minutes of the Kansas Sentencing Commission Meeting
January 22, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on January 22, 2016 at 1:30 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
Representative John J. Rubin
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Steve Karrer, Kansas Attorney General’s Office Designee
Chris A. Mechler, Office of Judicial Administration
Interim Secretary Johnnie Goddard, Department of Corrections
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Nathan Barnes, Public Member
Guests:
Marie McNeal, Department of Corrections
Tim Madden, Department of Corrections
Mitchel DePriest, Hein Governmental Consulting, LLC
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Peacock, Utilization Review/SB 123 Program Director
Ebo Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
2
Approval of Proposed Agenda
Chair Wilson asked for a motion to approve the proposed agenda. Judge Patrick McAnany
moved to approve the agenda. Chris Mechler seconded the motion, and the motion carried.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Meeting minutes of December 17, 2015. It
was requested to amend the minutes by listing Stacey Donovan in attendance. Vice Chair Fowler
moved to approve the minutes as amended. Stacey Donovan seconded the motion, and the
motion carried.
Welcome New KSC Members
Chair Wilson introduced and welcomed former Sentencing Commission member, Representative
Janice Pauls; Interim Secretary of Corrections Johnnie Goddard; and Kansas Prisoner Review
Board Chairman Jonathan Ogletree as new members to the Commission.
Approval of Journal Entry Forms
Executive Director Scott Schultz reviewed modifications made to Presentence Investigation
Report (PSI). After discussion, Steve Karrer moved to approve the amended PSI. Judge Patrick
McAnany seconded the motion, and the motion carried.
Mr. Schultz reviewed modifications made to the Journal Entry of Judgment form. After
discussion, Steve Karrer moved to approve the amended Journal Entry of Judgment form. Chris
Mechler seconded the motion, and the motion carried.
Mr. Schultz reviewed modifications made to the Journal Entry of Probation Violation Hearing
form. After discussion, Steve Karrer moved to approve the amended Probation Violation Hearing
form. Nathan Barnes seconded the motion, and the motion carried.
2016 Legislative Update and Agency Report
Executive Director Scott Schultz reported on a request of the House Corrections and Juvenile
Justice Committee. The House Committee has requested the Commission to consider the
proposed balloon amendment to House Bill 2462 and present testimony. Representative Rubin
moved to request Executive Director Scott Schultz, on behalf of the Commission, testify in
support of the amendment. Nathan Barnes seconded the motion, and the motion carried.
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed KDOC prison population reports.
KSC Research Analyst, Ebo Browne presented the new HB 2170 Handbook and briefly discussed
it. Expenses to publish the handbook are being funded through a federal grant received from The
Council of State Governments Justice Center.
Executive Session
Chair Wilson moved to go into executive session for 15 minutes concerning personnel matters.
Vice Chair Fowler seconded the motion, and the motion carried.
3
Returning to open session, Representative Rubin moved to return to executive session for an
additional 15 minutes to discuss personnel matters. Representative Pauls seconded the motion,
and the motion carried.
After 15 minutes, the meeting resumed to open session. Vice Chair Fowler moved to increase the
salary of Executive Director Scott Schultz to $87,000. Chair Wilson seconded the motion, and
the motion carried. Judge Patrick McAnany, Steve Karrer, and Chris Mechler opposed the
motion.
Next Meeting
The next Sentencing Commission meeting will be on February 19, 2016 at 1:30 p.m. in the
Senate Room of the Jayhawk Tower.
Meeting adjourned 4:14 p.m.
Minutes of the Kansas Sentencing Commission Meeting
April 15, 2016
The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission meeting to
order on April 15, 2016 at 1:32 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
Representative John J. Rubin
Representative Janice Pauls
Senator Carolyn McGinn
Jeannie Wark, Kansas Prisoner Review Board Designee
Amy J. Hanley, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Terri Williams, Secretary of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests
Marie McNeal, Department of Corrections
Mitchel DePriest, Hein Governmental Consulting, LLC
Staff
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Peacock, Utilization Review/SB 123 Program Director
Ebo Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
2
Approval of Proposed Agenda
Vice Chair Fowler asked for a motion to approve the proposed agenda as written. Honorable
Patrick McAnany moved to approve the agenda and Amy Hanley seconded the motion. The
motion carried and the agenda was approved.
Approval of Minutes
Vice Chair Fowler referred to the Sentencing Commission Meeting minutes of January 22, 2016.
Honorable Patrick McAnany moved to approve the minutes as written. Chris Mechler seconded
the motion. The motion carried and the minutes were approved.
Welcome New KSC Members
Vice Chair Fowler introduced and welcomed new Sentencing Commission members Meredith
Butler, who is replacing Betsy Gillespie and Terry Malone, who is replacing Shawn Elliot.
2016 Legislative Update
Executive Director Scott Schultz, provided a legislative update on relevant sentencing bills. The
following bills were discussed: HB 2049, HB 2460, HB 2462, HB 2463, HB 2464, HB 2447, SB
367, and SB 392.
Staff is currently tracking 65 bills that are significant to its duties to create legislative bed space
impacts.
KSC Subcommittee Solicitation
Executive Director Scott Schultz proposed that a legislative committee be formed for the purpose
of coordinating proposed legislative initiatives at future Commission workshops. Representative
John Rubin moved to approve adding a Legislation Subcommittee. Nathan Barnes seconded the
motion. The motion carried and the new Legislation Subcommittee was approved.
Mr. Schultz discussed the need for replacements on the subcommittees and asked for volunteers.
Meredith Butler volunteered to take Betsy Gillespie’s position on the LSI-R, HB 2170, and SB
123 Subcommittees. Representative John Rubin volunteered to join the Legislative and HB 2170
Subcommittees. Stacey Donovan volunteered to join the JE Forms and Legislative
Subcommittees. Representative Janice Pauls volunteered to join the Legislative and HB 2170
Subcommittees. Chair Wilson will coordinate a new committee list and distribute it by the next
meeting.
Chris Mechler moved to disband the LSI-R Subcommittee until further needed. Representative
Tom Sawyer seconded the motion. The motion carried and the LSI-R Subcommittee is disbanded.
Upon suggestion from Mr. Schultz, consensus was reached to rename each of the subcommittees
as committees to more accurately reflect their hierarchy in the organization.
2013 HB 2170 Update
Research Analyst Ebo Browne presented data on current HB 2170 projects, which include the HB
2170 Continuing Legal Education Webinar and HB 2170 Handbook. Commission members
discussed opportunities for future research pertaining to HB 2170.
3
Topic Recommendations for the Joint Committee on Corrections and Juvenile Justice
Oversight Meeting
Executive Director Scott Schultz advised the Commission has been asked to provide potential
topics for the Committee to consider at its meeting on April 27, 2016. Representative John Rubin
described the function and charge of the JCCJJO and recommended to delay any action until the
KSC workshop in September to identify those topics. No further action was taken.
Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed KDOC prison population reports.
Mr. Schultz informed the members that Governor Sam Brownback appointed Secretary Joseph
Norwood as the Secretary of Corrections and he will begin work on May 30, 2016. Mr. Schultz
also informed the members that the 2015 Annual Report created by Fengfang Lu, Senior
Research Analyst, is now posted on the agency website.
Mr. Schultz stated that Karen Wittman has been hired for the part-time attorney position and she
will begin May 23, 2016.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on May 19, 2016 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 3:06 p.m.
Minutes of the Kansas Sentencing Commission Meeting
May 19, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC) meeting to order on May 19, 2016 at 1:34 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
Representative John J. Rubin
Representative Janice Pauls Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board Designee
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration Interim Secretary Johnnie Goddard, Secretary of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Marie McNeal, Department of Corrections Mitchel DePriest, Hein Governmental Consulting, LLC
Susanna Honaker, Little Government Relations, LLC
Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association Tim Madden, Senior Counsel, Department of Corrections
Karen Wittman, Attorney
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Becker, Utilization Review/SB 123 Program Director George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
2
Approval of Proposed Agenda
Chair Wilson asked for a motion to approve the proposed agenda as written. Honorable Patrick
McAnany moved to approve the agenda and Stacey Donovan seconded the motion. The motion
carried and the agenda was approved.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Meeting minutes of April 15, 2016. Vice
Chair Fowler moved to approve the minutes as written. Chris Mechler seconded the motion. The
motion carried and the minutes were approved.
Welcome New KSSC Members
Chair Wilson introduced and welcomed new Sentencing Commission member, Jessica Domme, who is replacing Amy Hanley as the Attorney General’s designee.
Employee Award & Recognition Program
To encourage and recognize high achievement in the workplace, Executive Director Scott Schultz
explained that the agency is now participating in an Employee Award and Recognition Program
and this was the first recognition ceremony. Mr. Schultz advised of the program’s purpose, process/procedure, eligibility and award categories. Listed below are the award categories in
which staff is eligible every quarter:
Distinguished Accomplishment;
Meritorious Service;
Kansas Quality Management;
Volunteerism;
Length of Service and
Employee of the Quarter
The Selection Committee of Chair Wilson, Vice Chair Fowler and Kevin Berens met in April to
consider nominations and determine award candidates. On behalf of the agency, Mr. Schultz presented the awards and recognitions as follows:
Meritorious Service: Chis Chavez, Research Analyst III;
Distinguished Accomplishments: George “Ebo” Browne, Research Analyst;
Distinguished Accomplishment: SB 123 Program team of Charlene Becker, Jesse
Becker, Trish Beck and Donna Owens; and
Employee of the Quarter: Trish Beck, Program Assistant
SB 123 Committee Update
Committee chair Chris Mechler provided an SB 123 update on a meeting that was held on May 19, 2016. Ms. Mechler reported that staff had requested guidance as to keeping the payment
processing in-house or exploring a third party vendor to provide expanded services. Jesse Becker
presented beneficial information, including a cost estimate, regarding an in-house TPPS (Treatment Provider Payment System) proposal of upgrading the current system versus a third
party solution that could also provide utilization management (UM). Brian Baker, Beacon Health
Options, provided information to the committee on Managed Care Organizations, contracted UM
and the benefits of utilizing a vendor. The committee will schedule a follow-up meeting to determine the direction of the project.
3
Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting which included a legislative update. Five of the eight bills introduced by the Commission were signed into law.
The Commission and Sentencing Guidelines 101
Executive Director Scott Schultz announced that upon adjournment of the meeting, he would
provide a presentation, The Commission and Sentencing Guidelines 101: A Nuts and Bolts Approach and welcomed members and guests to attend.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on June 23, 2016 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 2:32 p.m.
Minutes of the Kansas Sentencing Commission Teleconference Meeting
June 23, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC)
teleconference meeting to order on June 23, 2016 at 1:28 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
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Tim Madden, Secretary of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Marie McNeal, 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
Charlene Becker, SB 123 Program Director/Utilization Review Specialist
George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
Karen Wittman, Attorney
2
Approval of Proposed Agenda
Chair Wilson asked for a motion to approve the proposed agenda as written. Kevin Berens moved
to approve the agenda. Chris Mechler seconded the motion and the motion carried.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Meeting minutes of May 19, 2016. Chair
Wilson moved to amend the minutes to reflect Senator Carolyn McGinn as participating in the
May meeting. Chris Mechler seconded the motion. Meredith Butler moved to approve the
minutes as amended. Jonathan Ogletree seconded the motion and the motion carried.
Approval of Revisions of the 2016 Journal Entry Forms
As a result of 2016 legislative changes, the Journal Entry Forms Committee Chair Kevin Berens
provided proposed changes to Kansas Sentencing Guidelines forms. This included the
Presentence Investigation Report (PSI), Journal Entry of Judgment (JE) and Journal Entry of
Probation Violation Hearing (PVJE).
Representative Janice Pauls moved to approve the PSI form as revised. Chris Mechler seconded
the motion and the motion carried.
Chair Wilson moved to approve the JE as revised with an amendment of adding a check box to
special sentencing rule #27. Chris Mechler seconded the motion and the motion carried.
Honorable Patrick McAnany moved to approve the PVJE as revised. Jonathan Ogletree seconded
the motion and the motion carried.
Mr. Berens presented the 2003 SB 123 Eligibility flowchart that was developed by Commission
staff and requested a motion to approve. Vice Chair Fowler moved to approve the flowchart.
Chris Mechler seconded the motion and the motion carried.
SB 123 Committee Update
Committee Chair Chris Mechler provided a SB 123 update. Ms. Mechler reported that the
committee reviewed options for updating the payment system for the program. Previous meetings
have determined that in-house and third party solutions are available. The committee has formed
a subcommittee to explore and draft a Request for Proposal to determine if a third party vendor is
available to replace the current TPPS (Treatment Provider Payment System) used to process and
track invoice payments in the program. SB 123 Director Charlene Becker provided the
requirements in order to move forward with the process. Ms. Mechler informed the Commission
the subcommittee will be meeting bi-weekly on Fridays until January 2017.
Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed the KDOC prison population letter and monthly monitoring report.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on July 21, 2016 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 1:53 p.m.
Minutes of the Kansas Sentencing Commission Meeting
August 25, 2016
The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission (KSSC)
meeting to order on August 25, 2016 at 1:35 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
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Secretary Joe Norwood, Department of Corrections
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Mitchel DePriest, Hein Governmental Consulting, LLC
Susanna Honaker, Little Government Relations, LLC
Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association
Tim Madden, Senior Counsel, Department of Corrections
Mark Keating, Kansas Prisoner Review Board
Jeannie Wark, Kansas Prisoner Review Board
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Becker, Utilization Review/SB 123 Program Director
George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
Karen Wittman, Attorney
2
Approval of Proposed Agenda
Vice Chair Fowler requested a motion to approve the proposed agenda as written. Honorable
Patrick McAnany moved to approve the agenda and Representative Janice Pauls seconded the
motion. The motion carried and the agenda was approved.
Approval of Minutes
Vice Chair Fowler referred to the June 23, 2016 Sentencing Commission Meeting minutes.
Honorable Patrick McAnany moved to approve the minutes as written. Stacey Donovan seconded
the motion. The motion carried and the minutes were approved.
FY 2017 Prison Population Projections
Executive Director, Scott Schultz, provided and requested approval of the FY 2017 Prison
Population Projections as recommended by the FY 2017 Prison Population Projection Consensus
Group. Kevin Berens moved to approve the projections as presented. Representative Janice Pauls
seconded the motion. The motion carried and the projections were approved.
Legislative Committee Update
Committee Chair Honorable Lee Fowler provided a legislative update on the August 25, 2016
meeting of the Legislative Committee. Chair Fowler asked commission members to suggest
topics of discussion for the workshop related to legislative proposals.
SB 123 Committee Update
Committee Chair Chris Mechler provided a SB 123 subcommittee update on the bi-weekly
meetings stating the subcommittee is still drafting a Request for Proposal (RFP) for replacement
of the current Treatment Provider Payment System (TPPS).
NASC Conference Report
Kevin Berens reported that Vice Chair Fowler, Scott Schultz, and he attended the 2016
National Association of Sentencing Commissions Conference (NASC) in Salt Lake City,
Utah on August 7-9. The conference focused on “Examining the Interactions between Policy and
Sentencing.”
Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed KDOC prison population reports.
Mr. Schultz discussed the new legislative summary for the 2016 Desk Reference Manual and
presented a handout explaining each relevant bill that was relevant to the Commission’s work.
Mr. Schultz stated that the agency has recently implemented a new staff leave rearranged time
policy and a tuition reimbursement program.
3
Employee Awards and Recognition Program
The Selection Committee of Chair Wilson, Vice Chair Fowler and Kevin Berens met on August
4, 2016, to consider nominations and determine quarterly award candidates. On behalf of the
agency, Mr. Schultz presented the awards and recognitions as follows:
Meritorious Service: Brenda Harmon, Special Assistant to the Executive Director;
Length of Service: Brenda Harmon, Special Assistant to the Executive Director;
Meritorious Service: Fengfang Lu, Senior Research Analyst;
Length of Service: Kunlun Chang, Director of Research;
Employee of the Quarter: Kunlun Chang, Director of Research.
Mr. Chang was also recognized by the Governor with other state Employees of the Quarter in a
ceremony at the statehouse on August 22, 2016.
Next Meeting
The Sentencing Commission Workshop will be held at 9:00 a.m. on September 27, 2016 and
September 28, 2016 at the Topeka Downtown Ramada Convention Center, in the Grand
Ballroom.
Meeting adjourned 3:00 p.m.
Minutes of the Kansas Sentencing Commission Meeting
September 27, 2016
The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission
Workshop, Day 1, to order on September 27, 2016 at 9:04 a.m. in the Grand Ballroom of the
Topeka Downtown Ramada Convention Center, Topeka, Kansas.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative Janice Pauls
Representative John Barker
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Secretary Joe Norwood, Department of Corrections
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Tim Madden, Senior Counsel, Department of Corrections
Cody McArthur, Kansas Association of Court Service Officers
Jason Thompson, Senior Assistant Revisor of Statutes
Natalie Scott, Assistant Revisor of Statutes
Dr. Travis Pratt, University of Cincinnati Corrections Institute
Dr. Mario Cano, Kansas State University Sociology Professor
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Becker, Utilization Review/SB 123 Program Director
George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
Karen Wittman, Attorney
2
Welcome New KSSC Member
Vice Chair Fowler introduced and welcomed new Sentencing Commission member,
Representative John Barker, who has replaced Representative John Rubin.
Approval of Minutes
Vice Chair Fowler referred to the August 25, 2016 Sentencing Commission meeting minutes.
Chris Mechler moved to approve the minutes as written. Senator Haley seconded the motion. The
motion carried and the minutes were approved.
Presentation on Strategies for Supervising and Treating Offenders
Travis C. Pratt, PhD, University of Cincinnati, provided an overview on the presentation, Beyond
Getting Tough: Evidence-Based Strategies for Supervising and Treating Offenders in the
Community.
2017 Legislation Proposals – Brainstorming Session
KSSC members were provided a handout, Proposals for 2016 KSSC Workshop.
Members reviewed and discussed 2017 legislation proposals presented by the Legislative
Committee.
Proposal #1 – Controlled Substance Study
Vice Chair Fowler proposed a global study of drug policy within the state. This would
include considering misdemeanor offenses for certain quantities of controlled substances (e.g.,
under an ounce for marijuana).
Proposal #2 – Pre-trial SB 123 Program
Vice Chair Fowler proposed to allow diversions for the 2003 SB 123 program which
would incentivize offenders and lower costs to law enforcement, prosecutors and the courts.
Proposal #3 – Repeal Special Rule 26 for Third Time Possession of Controlled Substances
Vice Chair Fowler recommended the repeal of Special Rule 26 (K.S.A. 21-6805(f)(1)) to
be introduced next session. The proposal mirrors 2016 HB 2458 which had a hearing on January
20, 2016 in House Corrections and Juvenile Justice Committee (HCJJ) but did not move out of
committee.
Proposal #4 – Allow SB 123 Treatment to be Used for Severity Level 4 Drug Crimes
Vice Chair Fowler suggested allowing 2003 SB 123 Substance Abuse Treatment program
be used for severity level 4 drug crimes. The proposal mirrors 2016 HB 2461 which had a
hearing on January 20, 2016 in HCJJ but did not move out of committee.
Proposal #5 – Amending the Criminal Penalties for Unlawful Tampering with Electronic
Equipment
Executive Director, Scott Schultz, reviewed the language of 2016 HB 2459, which
received a hearing in HCJJ. It was amended to have only two penalty provisions rather than the
tiered approach recommended by the Commission. The language provides that if an offender is
on felony supervision and commits this crime, the violation would be a severity level 8,
nonperson felony. If on misdemeanor supervision or court-ordered supervision in any civil case
the violation would be a class A nonperson misdemeanor. The bill passed out of HCJJ last year in
this form as amended but no floor debate occurred before the full House.
3
Proposal #6 – Allow Certain Juvenile Adjudications to Decay from Adult Criminal History
Mr. Schultz reviewed the history of 2016 HB 2463 which received a hearing on
January 21, 2016 in HCJJ. It was worked on January 26th and passed out favorably. The
Commission’s specific language was later stripped out of the bill by the Senate Corrections
and Juvenile Justice.
Proposal #7 – KSSC Interagency Cooperation
Mr. Schultz discussed the importance of working with the Kansas Department for Aging
and Disability (KDADS). Mr. Schultz explained having access to KDADS databases, specifically
the Kansas Client Placement Criteria (KCPC), would enhance the SB 123 program.
Proposal #8 – Resolving Postrelease Supervision When Considering K.S.A. 22-3717(d)(1)(D)
and (G)
Jessica Domme discussed a potential conflict between the two subsections that relate
to the length of supervision for sex-related convictions.
Proposal #9 – Sentencing of Juveniles Certified as Adults
Tim Madden recommended drafting a postrelease supervision policy that is
constitutional in accordance with State v. Dull.
Proposal #11 – Increase Loss Thresholds
Stacey Donovan discussed increasing felony thresholds to $1,500 for the crimes of
criminal damage to property, giving a worthless check, impairing a security interest, criminal
use of an explosive, counterfeiting, criminal use of a financial card and theft of property lost,
mislaid or delivered by mistake.
Adjournment
Meeting adjourned 2:49 p.m.
Minutes of the Kansas Sentencing Commission Meeting
September 28, 2016
The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission
Workshop, Day 2, to order on September 28, 2016 at 9:05 a.m. in the Grand Ballroom of the
Topeka Downtown Ramada Convention Center, Topeka, Kansas.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative Janice Pauls
Representative John Barker
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Secretary Joe Norwood, Department of Corrections
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Tim Madden, Senior Counsel, Department of Corrections
Cody McArthur, Kansas Association of Court Service Officers
Jason Thompson, Senior Assistant Revisor of Statutes
Natalie Scott, Assistant Revisor of Statutes
Marie McNeal, Department of Corrections
Jennifer Roth, State Board of Indigents’ Defense Services
Chris Esquibel, Kansas Association of Court Services Officers
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Becker, Utilization Review/SB 123 Program Director
George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
Karen Wittman, Attorney
5
2017 Legislation Proposals – Brainstorming Session
Proposal #10 – Offender Registration Act
In presenting the final proposal, Stacey Donovan discussed two amendments to the act.
Action Taken on 2017 KSSC Proposed Legislation
KSSC members were referred to handout, Proposals for 2016 KSSC Workshop, which was being
used as a tool while considering KSSC 2017 proposed legislation. The following action was taken
as to the proposals:
Proposal #1 – Controlled Substances Study
Vice Chair Fowler asked for a motion to consider exploring possible grants for
the controlled substances study. Chris Mechler moved to approve the motion.
Representative Tom Sawyer seconded the motion and the motion carried.
Proposal #2 – Pre-trial SB 123 Program Representative John Barker moved to approve Proposal #2. Representative Tom
Sawyer seconded the motion and the motion carried. Chris Mechler, Kevin Berens and
Jessica Domme opposed the motion.
Proposal #3 – Repeal Special Rule 26 for Third Time Possession of Controlled Substances
Senator David Haley moved to approve Proposal #3. Stacey Donovan seconded
the motion and the motion carried. Kevin Berens and Jessica Domme opposed the
motion.
Proposal #4 – Allow SB 123 Treatment to be Used for Severity Level 4 Drug Crimes
Judge McAnany moved to approve Proposal #4. Vice Chair Fowler seconded the
motion and the motion carried.
Proposal #5 – Amending the Criminal Penalties for Unlawful Tampering with Electronic
Equipment
Senator David Haley moved to approve Proposal #5. Stacey Donovan seconded
the motion and the motion carried. Jessica Domme opposed the motion.
Proposal #6 – Allow Certain Juvenile Adjudications to Decay from Adult Criminal History Representative Janice Pauls moved to approve Proposal #6. Representative John
Barker seconded the motion and the motion carried. Kevin Berens and Jessica Domme
opposed the motion.
Proposal #7 – KSSC Interagency Cooperation
Judge McAnany moved to approve Proposal #7. Chris Mechler seconded the
motion and the motion carried.
Proposal #8 – Resolving Postrelease Supervision When Considering K.S.A. 22-3717(d)(1)(D)
and (G)
Jessica Domme moved to approve Proposal #8 with new language to be
discussed at the October commission meeting. Kevin Berens seconded the motion and the
motion carried.
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Proposal #9 – Sentencing of Juveniles Certified as Adults
Jessica Domme moved to approve Proposal #9 with new language to be
discussed at the October commission meeting. Judge McAnany seconded the motion and
the motion carried.
Proposal #10 – Offender Registration Act
Stacey Donovan moved to remove cultivation and distribution of controlled
substances in K.S.A. 21-5705(a)(1) from the definition of “drug offender” in the
Offender Registration Act. Chris Mechler seconded the motion and the motion carried.
Kevin Berens and Jessica Domme opposed the motion.
Stacey Donovan moved to amend the act to always charge a misdemeanor for the
failure to pay the $20 registration fee, rather than a felony. Representative Tom Sawyer
seconded the motion and the motion carried.
Proposal #11 – Increase Loss Thresholds Stacey Donovan moved to approve Proposal #11. Kevin Berens seconded the
motion and the motion carried.
Adjournment
Senator Haley moved to adjourn. Representative Barker seconded the motion and the motion
carried.
The next Sentencing Commission meeting will be at 1:30 p.m. on October 20, 2016 at the
Jayhawk Tower, Senate Room.
Meeting adjourned 11:09 a.m.
Minutes of the Kansas Sentencing Commission Meeting
October 20, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC)
meeting to order on October 20, 2016 at 2:01 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
Representative John Barker
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Tim Madden, Secretary of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Natalie Scott, Assistant Revisor of Statutes
Jason Thompson, Senior Assistant Revisor of Statutes
Mitchel DePriest, Hein Governmental Consulting, LLC
Stuart Little, Ph.D., Little Government Relations, LLC
Robert Mealy, Kearney & Associates, LLC
Mark Keating, Kansas Prisoner Review Board
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Becker, Utilization Review/SB 123 Program Director
George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
Karen Wittman, Attorney
2
Approval of Proposed Agenda
Chair Wilson asked for a motion to approve the proposed agenda as written. Vice Chair Fowler
moved to approve the agenda and Kevin Berens seconded the motion. The motion carried and the
agenda was approved.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Workshop minutes of September 27-28,
2016. Vice Chair Fowler moved to approve the minutes as written. Senator Haley seconded the
motion. The motion carried and the minutes were approved.
Consideration of 2017 Legislative Proposals
KSSC members were provided handouts of 2017 KSSC Legislative Proposals in draft form.
Chair Wilson and Scott Schultz explained the proposed legislation as referenced below:
Controlled Substance Study
KSSC members reviewed and discussed the proposal. Chair Wilson proposed to have Scott send
an e-mail to the Commission in regards to developing a KSSC committee to explore options for
offenders with substance abuse and mental illness.
16rs4428 – Pre-trial SB 123 Program
Chair Wilson moved to omit “until the court determines the person is suitable for
discharge by the court” from (b)(2) of K.S.A. 21-6824 in the proposed legislation. Vice
Chair Fowler seconded the motion and the motion carried. Jessica Domme, Kevin
Berens, and Chris Mechler opposed the motion.
16rs4431 – Allow SB 123 Treatment to be used for Severity Level 4 Drug Crimes
Vice Chair Fowler moved to approve the proposal for legislation. Chair Wilson seconded
the motion and the motion carried.
16rs4429 – Repeal Special Rule 26 for Third Time Possession of Controlled Substance
Jessica Domme moved to approve the proposal for legislation. Jonathan Ogletree
seconded the motion and the motion carried.
16rs4432 – Amending the Criminal Penalties for Unlawful Tampering with Electronic
Equipment
Chris Mechler moved to approve the proposal for legislation. Chair Wilson seconded the
motion and the motion carried. Jessica Domme and Kevin Berens opposed the motion.
16rs4433 – Allow Certain Juvenile Adjudications to Decay from Adult Criminal History
Chair Wilson moved to approve the proposal for legislation. Tim Madden seconded the
motion and the motion carried. Jessica Domme and Kevin Berens opposed the motion.
16rs4430 – KSSC Interagency Cooperation
Kevin Berens moved to approve the proposal for legislation. Jessica Domme seconded
the motion and the motion carried.
3
16rs4425 – Resolving Postrelease Supervision When Considering K.S.A. 22-3717(d)(1)(D) and
(G)
Jessica Domme moved to change the effective date language in section three from
publication in the statute book to the Kansas register. Kevin Berens seconded the motion
and the motion carried. Kevin Berens moved to approve the amended proposal for
legislation. Jessica Domme seconded the motion and the motion carried.
16rs4427 – Sentencing of Juveniles Certified as Adults
Jessica Domme moved to combine the proposal with 16rs4425 and amend the effective
date language from “July 1, 2006” to the “effective date of this act”. Kevin Berens
seconded the motion and the motion carried. Senator Haley opposed the motion.
16rs4424 – Offender Registration Act
Vice Chair Fowler moved to approve the proposal for legislation. Chair Wilson seconded
the motion and the motion carried. Jessica Domme and Kevin Berens opposed the
motion.
The draft legislative proposal to Increase Felony Loss Thresholds will be presented at the next
commission meeting.
Chair Wilson moved to add all proposals above to the draft letter to the Governor. Vice Chair
Fowler seconded the motion and the motion carried. The letter will be available to members for
review and approval at the November meeting.
SB 123 Committee Update
Chris Mechler, SB 123 Committee Chair provided a SB 123 Committee update on the bi-weekly
meetings stating the Committee is still in the process of drafting a Request for Proposal (RFP) for
replacement of the current Treatment Provider Payment System (TPPS).
Agency Report
Executive Director, Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed KDOC prison population reports. Mr. Schultz informed the Commission of
the recent resignation of Charlene Becker, SB 123 Director. Mrs. Becker’s last day at the agency
will be October 27, 2016.
Mr. Schultz also advised that Amy Hanley, a former member, has recently received an
appointment by Governor Brownback to the bench as the newest district court judge in Douglas
County.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on November 17, 2016 at the
Jayhawk Tower, Senate Room.
Meeting adjourned 3:55 p.m.
Minutes of the Kansas Sentencing Commission Teleconference Meeting
November 17, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC)
teleconference meeting to order on November 17, 2016 at 1:34 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
Representative Janice Pauls
Representative John Barker
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board Designee
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Secretary Joe Norwood, Department of Corrections
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
None
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
Karen Wittman, Attorney
2
Approval of Proposed Agenda
Chair Wilson asked for a motion to approve the proposed agenda as written. Chair Wilson moved
to approve the agenda and Judge McAnany seconded the motion. The motion carried and the
agenda was approved.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Meeting minutes of October 20, 2016.
Chris Mechler moved to approve the amended minutes to add the effective date language from
“July 1, 2006” to “the effective date of this act” on proposal 16rs4427. Terry Malone seconded
the motion and the amended minutes were approved.
Review and Approval of 2017 KSSC Meeting Dates
Stacey Donovan moved to approve the proposed meeting dates for 2017. Vice Chair Fowler
seconded the motion and the motion carried.
Approval of 2017 Legislative Proposal to Increase Felony Loss Thresholds
Representative John Barker moved to approve the proposal for both legislation and the letter to
the Governor. Stacey Donovan seconded the motion and the motion carried.
Approval of Letter to the Governor
Chair Wilson provided a proposed letter to Governor Brownback pursuant to K.S.A. 74-9101,
which provides that the Kansas Sentencing Commission analyze policy options that would reduce
prison beds.
Vice Chair Fowler moved to approve the proposed letter to the Governor. Jessica Domme
seconded the motion and the letter to the Governor was approved.
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 December 15, 2016 at the
Jayhawk Tower, Senate Room.
Meeting adjourned 2:03 p.m.