21-6812 Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions.
21-6812. Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions. The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or […]
21-6813 Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format.
21-6813. Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format. (a) The court shall order the preparation of the presentence investigation report by the court services officer as soon as possible after conviction of the defendant. (b) Each presentence investigation report prepared for an offender to be […]
21-6814 Offender’s criminal history; admission in court or determined by judge; burden of proof; notice of error by offender.
21-6814. Offender’s criminal history; admission in court or determined by judge; burden of proof; notice of error by offender. (a) The offender’s criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge. (b) Except to the extent disputed […]
21-6815 Imposition of presumptive sentence; jury requirements; departure sentencing; substantial and compelling reasons for departure; mitigating and aggravating factors.
21-6815. Imposition of presumptive sentence; jury requirements; departure sentencing; substantial and compelling reasons for departure; mitigating and aggravating factors. (a) Except as provided in subsection (b), the sentencing judge shall impose the presumptive sentence provided by the sentencing guidelines unless the judge finds substantial and compelling reasons to impose a departure sentence. If the sentencing […]
21-6816 Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.
21-6816. Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist. (a) The following aggravating factors apply to drug crimes and may be considered in determining whether substantial and compelling reasons for departure exist: (1) The crime was committed as part of a major organized […]
21-6817 Departure sentencing; hearing; notice; findings of fact and conclusions of law; order; upward durational departure sentencing; procedures and jury requirements.
21-6817. Departure sentencing; hearing; notice; findings of fact and conclusions of law; order; upward durational departure sentencing; procedures and jury requirements. (a) (1) Whenever a person is convicted of a felony, the court upon motion of either the defendant or the state, shall hold a hearing to consider imposition of a departure sentence other than […]
21-6818 Departure sentencing; limitations.
21-6818. Departure sentencing; limitations. (a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section. The sentencing judge shall not impose a downward dispositional departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 2021 Supp. 21-6815, and amendments thereto. The sentencing […]
21-6805 Sentencing grid for drug crimes; authority and responsibility of sentencing court; presumptive disposition.
21-6805. Sentencing grid for drug crimes; authority and responsibility of sentencing court; presumptive disposition. (a) The provisions of this section shall be applicable to the sentencing guidelines grid for drug crimes. The following sentencing guidelines grid for drug crimes shall be applicable to felony crimes under K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto, […]
21-6806 Sentences of imprisonment, good time; pronouncement of sentence in felony cases; off-grid crimes.
21-6806. Sentences of imprisonment, good time; pronouncement of sentence in felony cases; off-grid crimes. (a) Sentences of imprisonment shall represent the time a person shall actually serve, subject to a reduction of the primary sentence for good time as authorized by K.S.A. 2021 Supp. 21-6821, and amendments thereto. (b) The sentencing court shall pronounce sentence […]
21-6807 Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea.
21-6807. Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea. (a) The crime severity scale contained in the sentencing guidelines grid for nondrug crimes as provided in K.S.A. 2021 Supp. 21-6804, and amendments thereto, consists of 10 levels of crimes. Crimes […]