21-4606b. Presumptive sentence of assignment to community correctional services program for certain class D or E felons; aggravating circumstances to be considered; crimes committed prior to July 1, 1 - Kansas Statutes

21-4606b

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

      21-4606b.   Presumptive sentence of assignment to community correctionalservices program for certain class D or E felons; aggravating circumstancesto be considered; crimes committed prior to July 1, 1993.(a) If probation is not granted pursuant to K.S.A. 21-4606a, and amendmentsthereto, subject to the provisions of K.S.A. 75-5291, and amendmentsthereto, the presumptive sentence for a person convicted of a class D or Efelony shall be assignment to a community correctional services program onterms the court determines.

      (b)   In determining whether to impose the presumptive sentence provided bythis section, the court shall consider whether any of the following aggravatingcircumstances existed:

      (1)   Whether the crime is a felony violation of the uniform controlledsubstances act or an attempt to commit such an offense;

      (2)   whether the crime is a crime specified in article 34, 35 or 36 of chapter21 of the Kansas Statutes Annotated or an attempt to commit such an offense; or

      (3)   any prior record of the person's having been convicted of a felony orhaving been adjudicated to have committed, while a juvenile, an offense whichwould constitute a felony if committed by an adult.

      (c)   The provisions of this section shall not apply to crimes committed on orafter July 1, 1993.

      History:   L. 1989, ch. 92, § 13;L. 1990, ch. 100, § 6;L. 1992, ch. 239, § 242;L. 2000, ch. 182, § 4; May 25.