April 2022
April 21st: Kansas Sentencing Commission meeting
April 28th: Criminal History Scoring Refresher and Updates webinar. Register here.*
May 12th: Completing the Journal Entry: Tips, Tricks and Trouble CLE (one hour CLE credit). Register here.
May 19th: Kansas Sentencing Commission meeting
June 23rd: Kansas Sentencing Commission meeting
*not approved for CLE credit.
If you have any questions about trainings or would like to request specific training, contact Francis Givens at francis.givens@ks.gov.
2022 Legislative Tracking Update
Please click here for an update on the 2022 legislative session.
This report is current as of April 11th, 2022. This document was created by Brenda Harmon, KSSC Administrative Services Manager. To read the bills in their entirety click here.
Recent Cases Affecting Criminal Sentencing*
- The Kansas Supreme Court held on February 18th, 2022, that under the KSGA, all prior convictions, whether out-of-state, pre-guidelines, or amended post-guidelines, are to be classified as person or nonperson as of the time the new crime is committed. The Court specifically said, “We conclude that the better understanding of the statutory sentencing scheme requires that all prior convictions, whether out-of-state, preguidelines, or amended post-guidelines, be classified as person or nonperson as of the time the new infraction is committed.” State v. Terrell, No. 122,680, 2022 WL 497319 at *5 (Kan. February 18, 2022).
- In a case where a 15 year old was sentenced to 679 months’ imprisonment, the Kansas Supreme Court recently found that Alabama V. Miller is inapplicable to sentences that offer parole within an offender's lifetime. See State v. Gulley, 505 P.3d 354, 365 (Kan. March 4th 2022). The Court stated, “Unlike life without parole and the death penalty, life with parole offers "hope of restoration" because it provides an opportunity for release within an offender's lifetime. See Graham, 560 U.S. at 70. Id. at 366. Consequently, Miller is inapplicable. Id. The Court went on later to explain that “Gulley's life with parole sentence makes him eligible for parole at 66 years old. Id. Even if we add the sentence for the aggravated robbery, Gulley will be eligible for release at 71. Id. Neither of these ensures that Gulley will be executed by the State or live his entire life in prison. Id. Consequently, Miller is inapplicable to his case and his claim fails.” See Id.
- The Kansas Supreme Court recently held that a sentencing court should apply the version of the DUI statute, K.S.A. 8-1567, in effect at the time of sentencing unless the Legislature amended the statutory provisions after the offense was committed and that amendment increases the defendant's penalty (or otherwise disadvantages the defendant as contemplated in Beazell). See State v. Patton, 503 P.3d 1022, 1032 (Kan. February 11, 2022). In those circumstances, the sentencing court must apply the law in effect when the offense was committed. Id.
*This is not an exhaustive list of cases affecting sentencing. To view all recent cases, click here.
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