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July 2024
KSSC celebrates Judge Lee Fowler's unwavering dedication and leadership during his tenure with the Commission. Judge Fowler has served as a district judge since 1997 in the 5th Judicial District, presiding over cases in Lyon and Chase Counties. From his Commission appointment by the Chief Justice Nuss in 2013 to today, Judge Fowler’s impact reverberates throughout our state’s criminal justice system, leaving an indelible mark.
Judge Fowler played a vital role in advocating Commission legislation for the following: Justice Reinvestment Initiative, empowering inmates and enhancing good time credit, balancing accountability and proportionality, streamlining probation supervision, criminal history scoring, and expanding substance use treatment, among other legislation.
As Chair of the Commission since 2018, Judge Fowler’s commitment to fairness, compassion, and evidence-based policies has shaped a brighter future for Kansans. As we honor his service, let us continue to build upon the foundation he has laid, ensuring that justice remains a beacon of hope for all. Thank you, Judge Fowler!
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KSSC honors an exceptional individual whose steadfast commitment has significantly impacted our state’s criminal justice system. Jonathan Ogletree, a dedicated member of the Kansas Sentencing Commission, has played a pivotal role in shaping policies that affect our Kansas communities.
As a member of the Commission since 2016, Jonathan has tirelessly worked to ensure fairness, transparency, and effectiveness in our sentencing guidelines. His expertise and insights have been invaluable during our annual Consensus Meetings, where stakeholders come together to create the agency’s Prison Population Projections.
Jonathan’s unique perspective as the Prisoner Review Board representative has allowed us to address post-sentencing issues with precision. His thoughtful contributions have guided our decision-making, leading to better outcomes for offenders and society.
Thank you, Jonathan, for your commitment to justice and offender rehabilitation. You have been an invaluable member on the Commission!
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KSSC is pleased to announce the following commission members have been reappointed for another term until June 30, 2026. Chief Justice Luckert has reappointed Hon. Stephen Hill as the appellate court representative, Hon. Benjamin Sexton, Chief Judge 8th Judicial district, as a district court judge representative and Spence Koehn, OJA Court Service Specialist as the court services representative.
Elliott D. Smith joined KSSC as the SB 123 Program Director on May 13, 2024. Previously, Elliott was the Re-Entry Facility Supervisor at Heartland Regional Alcohol and Drug Assessment Center (HRADAC). As SB 123 Program Director, Elliott will work closely with treatment providers and supervision officers across the state to ensure that eligible offenders receive appropriate treatment. He will also develop and review program policy, procedure, and expenditures. Elliott has extensive experience in the behavioral health field, having worked in supportive housing residences, community mental health centers, and prisons. He is a Licensed Addiction Counselor in the state of Kansas and holds a master’s degree in psychology from New York University. Elliott is passionate about building professional partnerships. He believes strongly in a person-centered, harm reduction approach to treatment.
Welcome, Elliott!
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KSSC has created new dashboards to help assist state officials and members of the public with Kansas sentencing outcome data. Check out the new dashboards here!
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Recent Cases Affecting Sentencing in Kansas*
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In a case where a defendant was sentenced under the drug grid on second degree murder charges, the Kansas Supreme Court found that the district court did not err in resentencing him to a longer sentence under the non-drug grid because the court initially drew the sentence from an incorrect grid block, thus "negating its status as a presumptive sentence" and making it presumptively illegal. See State v. Lamia-Beck, 549 P.3d 1103, 1106 (Kan. June 14, 2024).
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In a case where a defendant was convicted of criminal possession of a weapon, the Kansas Supreme Court held that the evidence viewed in the light most favorable to the State was sufficient to prove beyond a reasonable doubt that Hambright possessed a dagger. See State v. Hambright, 318 Kan. 603, 614, 545 P.3d 605 (2024). The Court stated that a rational jury could use its knowledge and experience to apply the common, contemporary, and ordinary meaning of the word “dagger” and conclude Hambright's object was a “weapon with a short, pointed blade used for stabbing.” Webster's New World College Dictionary 372 (5th ed. 2017). See id.
*This is not an exhaustive list of cases affecting sentencing. To view all recent cases, click here.
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