21-4710. Sentencing; criminal history categories, basis; determination of offenders classification; decay factors; prior convictions. - Kansas Statutes

21-4710

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 47.--SENTENCING GUIDELINES

      21-4710.   Sentencing; criminal history categories, basis; determination ofoffenders classification; decay factors; prior convictions.(a) Criminal historycategories contained in the sentencing guidelines grid for nondrug crimesand the sentencing guidelines grid for drug crimes are based on the followingtypes of priorconvictions: Person felony adult convictions, nonperson felony adultconvictions, person felony juvenile adjudications, nonperson felony juvenileadjudications, person misdemeanor adult convictions, nonpersonclass Amisdemeanor adult convictions, person misdemeanor juvenileadjudications, nonperson class A misdemeanor juvenile adjudications, selectclass B nonperson misdemeanoradult convictions, select class B nonperson misdemeanor juvenileadjudications and convictions and adjudications for violations ofmunicipal ordinances or county resolutions which are comparable to any crimeclassified under the state law of Kansas as a person misdemeanor, selectnonperson class B misdemeanor or nonperson class A misdemeanor. A priorconviction is any conviction, other than another count in the current casewhich was brought in the same information or complaint or which was joined fortrial with other counts in the current case pursuant to K.S.A. 22-3203 andamendments thereto, which occurred prior to sentencing in the currentcase regardless of whether the offense that led to the prior convictionoccurred before or after the current offense or the conviction in the currentcase.

      (b)   A class B nonperson select misdemeanor is a special classificationestablished for weapons violations. Such classification shall be considered andscored in determining an offender's criminal history classification.

      (c)   Except as otherwise provided, all convictions, whether sentencedconsecutivelyor concurrently, shall be counted separately in the offender's criminalhistory.

      (d)   Except as provided in K.S.A. 21-4716, and amendments thereto, thefollowing are applicable to determining an offender's criminalhistory classification:

      (1)   Only verified convictions will be considered and scored.

      (2)   All prior adult felony convictions, including expungements, will beconsidered and scored.

      (3)   There will be no decay factor applicablefor adult convictions.

      (4)   Except as otherwise provided, a juvenile adjudication, which wouldhave been a nonperson class D or E felony if committed before July 1,1993, or a nondrug level 6, 7, 8, 9 or 10, or drug level 4, nonpersonfelony if committed on or after July 1, 1993, or amisdemeanor if committed by an adult, will decay if the currentcrime of conviction is committed after the offender reaches the age of 25.

      (5)   For convictions of crimes committed before July 1, 1993, a juvenileadjudication which would constitute a class A, B or C felony, if committed byan adult, will not decay. For convictions of crimes committed onor after July 1, 1993, a juvenile adjudication which would constitute anoff-grid felony, a nondrug severity level 1, 2, 3, 4 or 5 felony, or a drugseverity level 1, 2 or 3 felony, if committed by an adult, will not decay.

      (6)   All juvenile adjudications which would constitute a person felonywill not decay or be forgiven.

      (7)   All personmisdemeanors, class A nonperson misdemeanors and class B select nonpersonmisdemeanors, and all municipal ordinance and county resolution violationscomparable to such misdemeanors, shall be considered and scored.

      (8)   Unless otherwise provided by law, unclassified felonies andmisdemeanors, shall be considered and scored asnonperson crimes for the purpose of determining criminal history.

      (9)   Prior convictions of a crime defined by a statute which has since beenrepealed shall be scored using the classification assigned at the time of suchconviction.

      (10)   Prior convictions of a crime defined by a statute which has since beendetermined unconstitutional by an appellate court shall not be used forcriminal history scoring purposes.

      (11)   Prior convictions of any crime shall not be counted in determiningthe criminal history category if they enhance the severity level or applicablepenalties, elevate the classification from misdemeanor to felony, or areelements of the present crime of conviction. Except as otherwise provided, allother prior convictions will be considered and scored.

      History:   L. 1992, ch. 239, § 10;L. 1993, ch. 291, § 259;L. 1994, ch. 291, § 54;L. 1995, ch. 251, § 16; July 1.