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October 2022
Completed by KSSC Research Department
The Kansas prison population in FY 2022 indicated a decrease of 107 inmates or 1.3% when compared with that in FY 2021. In review of Kansas ten-year prison population trend, the FY 2022 prison population represented a decrease in the rate of growth compared to the previous year. To view the full report, click here.
KSSC's annual legislative workshop was held September 7th and 8th. Commission members discussed legislative proposals for the 2023 session. View materials here.
Join us November 15th at 1:00 for a Zoom webinar that will cover Kansas felony Journal Entry of Judgment (JE) basics and the process of completing a JE. Presenters will address common errors found by the KSSC Research Department.
Register here!
This webinar is NOT approved for CLE credit. Please contact Francis Givens with any questions.
The SB 123 Fall Conference will be taking place November 15th. This is a free event that will be held virtually and will provide an update for all stakeholders. Please save the date; additional information and links will be sent out soon.
Recent Cases Affecting Criminal Sentencing*
- The Kansas Supreme Court recently held the strict liability character of a KORA registration violation offense bears a rational relationship to the legitimate government interest of protecting the public from sexual and other violent offenders and is thus not unconstitutionally arbitrary. State v. Genson, 513 P.3d 1192, 1193 Syl. (Kan. July 29, 2022).
- Where a district court ordered restitution as part of postrelease supervision, the Kansas Supreme Court found, among other things, that the court’s restitution order was legal because it did not limit or interfere with the Board's inherent authority to reduce or eliminate restitution at the time of release if the Prisoner Review Board finds the restitution plan unworkable. See State v. Eubanks, 516 P.3d 116, 121 (Kan. August 26, 2022).
- Under K.S.A. 1993 Supp. 21-4720(b), when a defendant is sentenced for both off-grid and on-grid crimes, the Kansas Supreme Court found that the sentencing court only has authority to impose the supervision period associated with the off-grid crime. State v. Collier, 513 P.3d 477, Syl. (Kan. July 15, 2022).
*This is not an exhaustive list of cases affecting sentencing. To view all recent cases, click here.
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