21-4729. Nonprison sanction; certified drug abuse treatment programs; assessment; supervision by community corrections; discharge from program; exceptions to placement in program. - Kansas Statutes

21-4729

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

      21-4729.   Nonprison sanction; certified drug abusetreatment programs; assessment; supervision by community corrections; dischargefrom program; exceptions to placement in program.(a) There is herebyestablished a nonprison sanction ofcertified drugabuse treatment programs for certain offenderswho are sentenced on or after November 1, 2003. Placement ofoffenders incertified drug abusetreatment programs by the court shall be limited to placement of adultoffenders, convicted of afelony violation of K.S.A. 65-4160 or 65-4162, prior to such sections repealor K.S.A. 2009 Supp. 21-36a06, and amendmentsthereto:

      (1)   Whose offense is classified in grid blocks 4-E, 4-F, 4-G, 4-H or 4-I ofthe sentencingguidelines grid for drug crimes and such offender has no felonyconviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior tosuch sections repeal or K.S.A. 2009 Supp. 21-36a03, 21-36a05 or 21-36a16,andamendments thereto,or any substantially similar offense from another jurisdiction; or

      (2)   whose offense is classified in grid blocks 4-A, 4-B, 4-C or 4-D of thesentencingguidelines grid for drug crimes and such offender has no felonyconviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior tosuch sections repeal or K.S.A. 2009 Supp. 21-36a03, 21-36a05 or 21-36a16, andamendments thereto,or any substantially similar offense from anotherjurisdiction, if such person feloniescommitted by the offender were severity level 8, 9 or 10 or nongrid offenses ofthe sentencingguidelines grid fornondrug crimes and the court finds and sets forth with particularity thereasons for finding thatthe safety of the members of the public will not be jeopardized by suchplacement in a drugabuse treatment program.

      (b)   As a part of the presentence investigation pursuant toK.S.A.21-4714, andamendments thereto, offenders who meet the requirements of subsection (a) shallbe subject to:

      (1)   A drug abuse assessment which shallinclude a clinical interview with a mental health professional and arecommendation concerningdrug abusetreatment for the offender; and

      (2)   a criminal risk-need assessment, unless otherwise specifically ordered bythe court. The criminal risk-need assessment shall assign a high or low riskstatus to the offender.

      (c)   The sentencing court shall commit the offender to treatment in a drugabusetreatmentprogram until determined suitable for discharge by the court but the term oftreatment shall not exceed 18 months.

      (d)   Offenders shall be supervised bycommunitycorrectional services.

      (e)   Placement of offenders under subsection (a)(2) shall be subject to thedeparture sentencingstatutes of the Kansas sentencing guidelines act.

      (f) (1)   Offenders in drug abuse treatment programs shall be discharged fromsuchprogram if the offender:

      (A)   Is convicted of a new felony; or

      (B)   has a pattern of intentional conduct thatdemonstrates the offender's refusal tocomply with or participate in the treatment program, as established by judicialfinding.

      (2)   Offenders who are discharged from such program shall be subject to therevocationprovisions of subsection (n) of K.S.A. 21-4603d, and amendments thereto.

      (g)   As used in this section, "mental health professional" includes licensedsocial workers, licensed psychiatrists,licensed psychologists, licensed professional counselors or registered alcoholand other drug abuse counselors licensed or certified as addiction counselorswho have been certified by the secretary ofcorrections to treat offenderspursuant toK.S.A. 2009 Supp.75-52,144, and amendments thereto.

      (h) (1)   The following offenders who meet the requirements of subsection(a) shall not be subject to the provisions of this section and shall besentenced as otherwise provided by law:

      (A)   Offenders who are residents of another state and are returning to suchstate pursuant to the interstate corrections compact or the interstate compactfor adult offender supervision; or

      (B)   offenders who are not lawfully present in the United States and beingdetained for deportation.

      (2)   Such sentence shall not be considered a departure and shall not besubject to appeal.

      History:   L. 2003, ch. 135, § 1;L. 2006, ch. 211, § 7;L. 2009, ch. 32, § 39; July 1.