Minutes of the Kansas Sentencing Commission Meeting April 25, 2014

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to order on April 25, 2014 at 1:32 p.m.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Representative John J. Rubin Senator Carolyn McGinn David W. Riggin, Kansas Prisoner Review Board Amy Hanley, Kansas  Attorney  General’s  Office Chris A. Mechler, Office of Judicial Administration Secretary Ray Roberts, Department of Corrections Kevin N. Berens, Thomas County Attorney J. Shawn Elliott, Attorney Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County Jennifer C. Roth, 3rd Judicial District Assistant Public Defender Edward (Eddie) J. Regan, Public Member Reverend Junius B. Dotson, Public Member

Guests:

Tim Madden, Department of Corrections Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’  Association Kim Brown, Mirror Inc. Susanna Honaker, Little Government Relations, LLC

Staff:

Scott M. Schultz, Executive Director

Brenda Harmon, Special Assistant to the Executive Director Sean Ostrow, SB 123 Program Director/ Staff Attorney

Trish Beck, Program Assistant Fengfang Lu, Senior Research Analyst Jennifer Dalton, Accountant

2

Approval of Minutes Chair Wilson referred to the Sentencing Commission meeting minutes of March 21, 2014. The Honorable Patrick D. McAnany moved to approve the minutes and Betsy Gillespie seconded the motion. The motion carried and the minutes were approved. Review and Approval of the Journal Entry Forms Sean Ostrow, Staff Attorney, reported a concern with the Probation Violation Journal Entry (PVJE) form not including a specific finding requirement as mandated by K.S.A. 22-3426a(a). A proposed amended PVJE was offered to resolve the concern. Amy Hanley moved to approve the amended PVJE form and Chris Mechler seconded the motion. The motion carried and the amended PVJE will be posted to the agency website for immediate use. Legislative Update Representative John Rubin and Scott Schultz, Executive Director, provided a legislative update on Sentencing Commission bills. Staff is currently tracking 60 bills that are significant to the Kansas Sentencing Guidelines Act. The following bills were discussed: S Sub for HB 2448, H Sub for SB 19, HB 2655, and HB 2588. Mr. Schultz extended his thanks to the Commission Senators and Representatives for their continued support of the agency during the legislative session. SB 123 Report Sean Ostrow, SB 123 Program Manager, reported the monthly SB 123 Treatment Provider Working Group meetings have been providing positive communication with treatment providers and continue to be very beneficial and informative. Mr. Ostrow reviewed the handout, SB 123 Update-Proposals for UR Implementation. The agency has applied for a federal grant through the Bureau of Justice Statistics, which is available  to  each  state’s  Statistical  Analysis  Center  (SAC). This funding will assist in employing a SB 123 Utilization Review position to ensure that treatment providers are providing care that is appropriate under the American Society of Addiction Medicine (ASAM) Criteria and evidence-based practices, and provide funding for the software programming necessary to track multiple factors regarding individual offenders in the program. Mr. Ostrow attended an ASAM conference in Orlando, Florida, to become better acquainted with the ASAM criteria and software implementation. A meeting with General Butch Tate (Ret.), who advocated on behalf of HB 2655’s  veteran’s  bill will visit the office on May 9, 2014 to discuss implementation of the policies set forth in the bill. Justice Reinvestment Initiative – Phase II Report Secretary Roberts reported an increase in prison sanctions - indicating progress but not as quickly as projected on the implementation of phase two of 2013 HB 2170.

3

Secretary Roberts also provided a prison population monthly monitoring report, outlining the current offender population of KDOC. Chris Mechler reported that the Council of State Governments is in negotiations with OJA for regional training for court services supervisors. Quality assurance in staffing and on LSI-R assessments will be included in the training. LSI-R Subcommittee Report Chair Wilson reviewed the memorandum sent by OJA to district court chief judges regarding Statewide Use of Level of Service Inventory-Revised. The Subcommittee is still gathering data and plans an informational presentation by Dr. Alex Holsinger, Associate Professor and Director of Graduate Programs, University of Missouri-Kansas City, at the next meeting on May 19, 2014. Agency Report Scott Schultz, Executive  Director,  provided  a  summary  of  the  agency’s  activity since the last meeting. The 2013 Annual Report has been completed and will be sent out next week. Mr. Schultz thanked Fengfang Lu, Senior Research Analyst, who is responsible for this important publication. Executive Session Representative Jan Pauls moved to go into executive session for 10 minutes concerning personnel matters. Representative John Rubin seconded the motion and the motion carried. Back in open session, Representative Pauls moved to go back into executive session for an additional 15 minutes to discuss personnel matters. Representative Rubin seconded the motion and the motion carried. Back in open session, Chris Mechler moved to return to executive session for an additional 15 minutes for personnel matters. Representative Rubin seconded the motion and the motion carried. Back in open session, Representative Pauls stated that the Commission requests to have the Executive Director provide a report on staff compensation in comparison to the market and other similar positions at the next Commission meeting, taking into consideration the potential of the Commission losing $97,420 from its budget this legislative session. It was anticipated that the budget issue will be resolved before the next Commission meeting. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. on May 22, 2014 at the Jayhawk Tower, Senate Room. Meeting adjourned 3:44 p.m.

Minutes of the Kansas Sentencing Commission Teleconference Meeting March 21, 2014

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission teleconference meeting to order on March 21, 2014 at 1:39 p.m.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Representative John J. Rubin Senator Carolyn McGinn David W. Riggin, Kansas Prisoner Review Board Steve Karrer, Designee, Kansas  Attorney  General’s  Office Chris A. Mechler, Office of Judicial Administration Secretary Ray Roberts, Department of Corrections Kevin N. Berens, Thomas County Attorney J. Shawn Elliott, Attorney Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County Jennifer C. Roth, 3rd Judicial District Assistant Public Defender Edward (Eddie) J. Regan, Public Member Reverend Junius B. Dotson, Public Member

Guests:

Tim Madden, Department of Corrections

Staff:

Scott M. Schultz, Executive Director

Brenda Harmon, Special Assistant to the Executive Director Sean Ostrow, SB 123 Program Director/ Staff Attorney

Kunlun Chang, Director of Research Trish Beck, Program Assistant Fengfang Lu, Senior Research Analyst Ebo Browne, Research Analyst

2

SB 123 Report Sean Ostrow, SB 123 Program Manager, reported the SB 123 Treatment Provider Working group meetings have been very beneficial and informative. The group’s  primary  objectives  involve  reducing residential length of stay limits starting July 1, 2014, and finding other efficiencies in the program that will necessitate future budget cuts. In addition, Sean reported that the Commission is preparing a federal grant application, which is available  to  each  state’s Statistical Analysis Center (SAC). The proposed grant will assist in funding a SB 123 Utilization Review position to ensure that treatment providers are providing care that is appropriate under the ASAM Criteria and evidence-based practices, and provide funding for the software programming necessary to track multiple factors regarding individual offenders in the program. In addition, the Working Group has set the objective of sharing LSI-R data between Court Services, Community Corrections and treatment providers, which should increase the reliability and validity of current assessment procedures. The next meeting for the SB 123 Subcommittee is tentatively scheduled for April 9 or 10. Legislative Update Scott Schultz, Executive Director, provided a legislative update on legislation the Sentencing Commission has supported. The following bills were discussed: HB 2703, HB 2497, HB 2495, and HB 2655. Staff is currently tracking 60 bills that which are significant to the Kansas Sentencing Guidelines Act. Approval of the LSI-R Study Scott Schultz, Executive Director, reported the LSI-R Subcommittee was formed as a result from 2013 HB 2170, which mandated the KSC to determine a cutoff scores for the LSI-R when determining community supervision. Dr. Alex Holsinger, Associate Professor and Director of Graduate Programs at the University of Missouri-Kansas City, was contacted for his expertise in developing a methodology to gather and analyze LSI-R assessments from court services and community corrections. An estimated contract with Dr. Holsinger for the norming process has been proposed at $14,062.50. Betsy Gillespie moved to proceed in contracting with Dr. Holsinger to conduct the norming to assist the Commission in establishing cutoff scores with a compensation of $14,062.50 for approximately 250 hours of services. Judge McAnany seconded the motion and the motion carried. The next LSI-R meeting will be April 21, 2014 at 9:00 a.m. with Dr. Holsinger presenting his findings to the Subcommittee. Approval of KSC Minutes Chair Wilson referred to the Sentencing Commission meeting minutes from January 17, February 10, and March 5, 2014. Secretary Ray Roberts moved to approve the minutes. Chris Mechler seconded the motion and the minutes were approved.

3

New Business Senator Haley expressed appreciation to the Commission, Executive Director Scott Schultz and others who have provided technical support on sentencing issues this year at the statehouse. The Senator indicated that the Commission maintained and provided additional credibility throughout this busy legislative session. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. April 25, 2014 at the Jayhawk Tower, Senate Room. Meeting adjourned 2:10 p.m.

Minutes of the Kansas Sentencing Commission Teleconference Meeting March 5, 2014

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission teleconference meeting to order on March 5, 2014 at 3:40 p.m.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Representative John J. Rubin Senator Carolyn McGinn David W. Riggin, Kansas Prisoner Review Board Amy Hanley, Kansas  Attorney  General’s  Office Chris A. Mechler, Office of Judicial Administration Secretary Ray Roberts, Department of Corrections Kevin N. Berens, Thomas County Attorney J. Shawn Elliott, Attorney Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County Jennifer C. Roth, 3rd Judicial District Assistant Public Defender Edward (Eddie) J. Regan, Public Member Reverend Junius B. Dotson, Public Member

Guests:

Tim Madden, Department of Corrections

Staff:

Scott M. Schultz, Executive Director

Brenda Harmon, Special Assistant to the Executive Director Sean Ostrow, SB 123 Program Director/ Staff Attorney

Kunlun Chang, Director of Research Trish Beck, Program Assistant Fengfang Lu, Senior Research Analyst Jennifer Dalton, Accountant

2

2014 Legislative Proposals - Statutory Modifications Sean Ostrow, Staff Attorney provided handouts with statutory modifications:

House Bill No. 2655 (as Amended by House Committee) KSC Amendment Proposal on HB 2655 as Amended by House Committee

After review and discussion, Betsy Gillespie proposed to accept the KSC Amendment Proposal on HB 2655 as Amended by House Committee. Chris Mechler seconded the motion and the motion carried. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. March 21, 2014 at the Jayhawk Tower, Senate Room. Meeting adjourned 4:30 p.m.

Minutes of the Kansas Sentencing Commission Meeting February 21, 2014

Meeting Cancelled

Minutes of the Kansas Sentencing Commission Teleconference Meeting February 10, 2014

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission teleconference meeting to order on February 10, 2014 at 8:07 a.m.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Representative John J. Rubin Senator Carolyn McGinn David W. Riggin, Kansas Prisoner Review Board Amy Hanley, Kansas  Attorney  General’s  Office Chris A. Mechler, Office of Judicial Administration Secretary Ray Roberts, Department of Corrections Kevin N. Berens, Thomas County Attorney J. Shawn Elliott, Attorney Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County Jennifer C. Roth, 3rd Judicial District Assistant Public Defender Edward (Eddie) J. Regan, Public Member Reverend Junius B. Dotson, Public Member

Guests:

Ed Klumpp, Representative for Association of Chief of Police and KS Sheriff

Stewart Little, Little Government Relations

Staff: Scott M. Schultz, Executive Director

Brenda Harmon, Special Assistant to the Executive Director Sean Ostrow, SB 123 Program Director/ Staff Attorney

Trish Beck, Program Assistant

2

Review of 2014 Legislative - Proposals Statutory Modifications Sean Ostrow, Staff Attorney and Jennifer Roth, 3rd Judicial District Assistant Public Defender provided handouts with statutory modifications:

Conversion of Out-of-State Misdemeanors K.S.A. 21-6811(e) Disposition of Unsentenced Adjudications K.S.A. 22-4301, 22-4303 and 22-4304 Primary Crime Designation Proposal K.S.A. 21-6819

After review and discussion, Representative Pauls moved to adopt Conversion of Out-of-State Misdemeanors K.S.A. 21-6811(e) as amended. Chris Mechler seconded the motion and the motion carried. The proposed Legislation will be introduced today in the House Corrections and Juvenile Justice Committee meeting. After review and discussion, the consensus was reached to withdraw the proposal on Disposition of Unsentenced Adjudications K.S.A. 22-4301, 22-4303 and 22-4304 for further study and consideration. After review and discussion, Kevin Berens moved to take no action on the Primary Crime Designation Proposal K.S.A. 21-6819. Betsy Gillespie seconded the motion and the motion carried. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. February 21, 2014 at the Jayhawk Tower, Senate Room. Meeting adjourned 8:45 a.m.

Minutes of the Kansas Sentencing Commission Teleconference Meeting

January 17, 2014

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission teleconference meeting to order on January 17, 2014 at 1:32 p.m.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. Pauls Representative John J. Rubin Senator Carolyn McGinn David W. Riggin, Kansas Prisoner Review Board Lee Davidson, Kansas  Attorney  General’s  Office, Designee Chris A. Mechler, Office of Judicial Administration Secretary Ray Roberts, Department of Corrections Kevin N. Berens, Thomas County Attorney J. Shawn Elliott, Attorney Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County Jennifer C. Roth, 3rd Judicial District Assistant Public Defender Edward (Eddie) J. Regan, Public Member Reverend Junius B. Dotson, Public Member

Guests:

Ed Klumpp, Representative for Association of Chiefs of Police and KS Sheriff’s  Association Tim Madden, Department of Corrections

Staff:

Scott M. Schultz, Executive Director

Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Sean Ostrow, SB 123 Program Director/ Staff Attorney

Trish Beck, Program Assistant

2

Approval of Minutes Chair Wilson referred to the Sentencing Commission meeting minutes of December 19, 2013. Representative Rubin moved to approve the minutes as amended by Judge Fowler and Senator Haley seconded the motion. The motion carried and the minutes were approved as amended. Review Approval of the 2014 Proposals to Modify HB 2170 Sean Ostrow, Staff Attorney provided and reviewed the Sentencing Commission’s  2014  second draft legislation proposing to modify 2013 HB 2170 by amending K.S.A. 2013 Supp. 21-6604, K.S.A. 22-3716 and repealing the existing sections. After reviewing, Tim Madden, Department of Corrections proposed amending K.S.A. 22-3716(b)(4)(A) and (B), additionally to K.S.A. 22-3716(c)(1)(B) and (C). Representative Pauls moved to adopt the draft language including the proposed language from Tim Madden. Judge Fowler seconded the motion to adopt the bill proposal and the motion carried. Representative Pauls moved to adopt the language that the Office of Revisor creates referencing the discussed changes. Betsy Gillespie seconded the motion and the motion carried. Representative Rubin moved to accept the amendments as proposed to the 2013 HB 2170 Bill as a whole. Senator Haley seconded the motion and the motion carried. Lee Davidson, designee for Amy Hanley; Chris Mechler and Kevin Berens voted against the proposed legislation as a whole. Review Approval of the K.S.A. 21-6610 Amendment Proposal Vice Chair Fowler provided the amended bill proposal to K.S.A. 21-6610, addressing concerns regarding courtesy supervision. Vice Chair Fowler moved to adopt the language of the proposal as written. Betsy Gillespie seconded the motion and the motion carried. Lee Davidson and Kevin Berens voted against the proposed language. SB 123 Subcommittee Report Sean Ostrow, SB 123 Program Director reported approximately half of the treatment providers are complying with the SB 123 Supervising Officer Insurance Verification Form letter. The working group held their first meeting with treatment providers to evaluate current cost caps and length of treatment. It was both beneficial and effective. The working group is scheduled to meet monthly. LSI-R Subcommittee Report Scott Schultz, Executive Director reported the LSI-R subcommittee continues to move forward in provided data to Dr. Alex Holsinger, Professor of Criminal Justice & Criminology. Timelines are being set and a follow-up teleconference with committee members and Dr. Holsinger is scheduled for February 28, 2014.

3

Agency Report Executive Director, Scott Schultz provided a brief summary of the agency’s activity. With the legislation fully engaged, legislative bill impacts are plentiful. The 2013 Kansas Sentencing Guidelines Desk Reference Manuals have been printed and orders are being filled daily. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m., February 13, 2014 at the Jayhawk Tower, Senate Room. Meeting adjourned 3:31 p.m.