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January 2024
TOPEKA – On October 17, 2023, Governor Kelly appointed Pam Weigand, Director of Douglas County Criminal Justice Services, Lawrence, to the community corrections position with the Kansas Sentencing Commission. Pam has served in Douglas County for 30+ years providing juvenile and adult services. During this time, she led the project to construct and operate the juvenile detention center, created a day school program, served as a pilot site for the Annie E. Casey Foundation for Juvenile Detention Alternatives Initiative, implemented Positive Behavioral Supports with the University of Kansas, and consulted on Kansas Juvenile Justice Reform Act.
For adults, Pam has helped implement and operate a pretrial release program, house arrest program, behavioral health court and drug court. Pam is the chair for the Douglas County Criminal Justice Coordinating Council.
Pam serves on the Kansas Board of Education’s Mental Health Advisory Board, the Community Health Improvement Plan steering committee and Affordable Housing subcommittee, the Douglas County Prevention Team (Engage Douglas County), the Center for Supportive Communities Board, and serves on the Children’s Advocacy Center Board.
Pam is a graduate of Washburn University with a degree in Criminal Justice and the University of Kansas with a master’s degree in public administration. She replaces Shelly Williams, Riley County Community Corrections Director, who resigned on June 30 after five years of service to the Commission.
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The following individuals were recently reappointed to the Kansas Sentencing Commission by Governor Kelly:
- Jessica Glendening, Lawrence
- Pat Colloton, Leawood
- Jermaine Wilson, Leavenworth
- Mark Dupree, Kansas City
The Kansas prison population in FY 2023 indicated an increase of 479 inmates or 5.7% when compared with that in FY 2022. To read the full report, click here.
Additionally, during fiscal year 2023, the Kansas Department of Corrections began classifying male and female inmates differently. To read more, click here.
To view the job description, click here.
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Recent Cases Affecting Sentencing in Kansas*
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The Kansas Supreme Court recently overruled prior case law by finding that the award of jail credit under K.S.A. 2022 Supp. 21-6615(a) is not limited to time spent “solely” in custody for the charge for which the defendant is being sentenced. See State v. Hopkins, 537 P.3d 845, 847 (Kan. October 10, 2023). Rather, the Court held that a defendant shall be awarded jail time credit for all time spent in custody pending the disposition of his or her case. See id. at 850.
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In State v. Phipps, the Kansas Court of Appeals held that Counterman v. Colorado effectively overrules State v. Boettger. See State v. Phipps, 539 P.3d 227, 235. (Kan. App. October 10, 2023). In Counterman v. Colorado, the United States Supreme Court found that the First Amendment requires proof of a defendant’s subjective understanding of the threatening nature of a statement to be punished as a crime, but a mental state of recklessness is sufficient to establish a true threat. See id. The COA found the holding in Counterman applies to any pending case in Kansas in which the defendant’s sentence is not final. See id at 236.
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The Kansas Court of Appeals recently held, among other things, that an Oklahoma accelerated deferred judgment should be included in a defendant’s criminal history because an Oklahoma accelerated deferred judgment, unlike a deferred judgment in Oklahoma, operates as a judgment of guilt. See State v. Waterman, No. 124,725, 2023 WL 8102827 at *24 (Kan. App. November 22, 2023).
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In case where a defendant was convicted of Aggravated Indecent Liberties with a child, the Kansas Court of Appeals rejected the defendant’s argument that he should not be required to register under KORA as a sex offender because of the facts underlying his conviction. See State v. Detimore, 537 P.3d 853, 856-857 (Kan. App. September 29, 2023). Rather, the COA found that he must register because his conviction met the definition of a “sexually violent crime” under KORA. See id. at 858.
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In a case where the defendant was ordered to pay restitution despite being sentenced to a lengthy prison term, the Court of Appeals found the defendant failed to meet his burden that the order was unworkable because the defendant did not show more than a lengthy prison sentence and uncertain future earnings. See State v. McKinzy, No. 125,048, 2023 WL 4983123 at *2 (Kan. App. August 4, 2023) (unpublished opinion).
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Where a district court granted a departure motion based solely on a defendant’s age and lack of criminal history, the Court of Appeals affirmed the decision when it held that a reasonable person could find age and lack of criminal history as reasons to depart from the statute. See State v. Adams, No. 125,383, 2023 WL 4832237 at *3 (Kan. App. July 28, 2023) (unpublished opinion).
- The Court of Appeals recently affirmed a district court’s ruling that a Missouri conviction of resisting arrest was a person felony under K.S.A. 2022 Supp. 21-6811(e)(3)(B)(i)(d) because the elements of Missouri's resisting arrest statute require the presence of another person—the arresting officer—therefore, under K.S.A. 2022 Supp. 21-6811(e)(3)(B)(i)(d), the Missouri conviction for resisting arrest is a person felony despite any additional illegal conduct that may have preceded it. See State v. Shaffer, No. 125,452, 2023 WL 5163294 at *4 (Kan. App. August 11, 2023) (unpublished opinion).
*This is not an exhaustive list of cases affecting sentencing. To view all recent cases, click here.
Pursuant to K.S.A. 74-9101, the Kansas Sentencing Commission has analyzed policy options to reduce prison beds currently in the system. Our obligation is to provide the Governor with alternatives to opening or building additional prison beds. We believe the options in this letter are data-driven and the most rational approaches to public safety to maintain space requirements for the most serious offenders while seeking alternative methods to curb admissions.
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