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Minutes of the Kansas Sentencing Commission Meeting
January 16, 2015
The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission meeting to
order on January 16, 2015 at 1:38 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer, attended via teleconference
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
Tim Madden, Department of Corrections, Designee
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:
Kathleen Graves, Deputy Secretary, Department of Corrections
Dillon Davis, Hein Government Consulting
Nick Wachinski, Executive Director, American Bail Coalition
Stephen Owens, Owens Bonding, Inc.
Natalie Scott, Assistant Revisor of Statutes, Office of Revisor of Statutes
Staff:
Scott M. Schultz, Executive Director
Kunlun Chang, Director of Research
Trish Beck, Program Assistant
Fengfang Lu, Senior Research Analyst
Jennifer Dalton, Accountant
John Spurgeon, Budget Director
2
Approval of Minutes
Vice Chairman Fowler referred to the Sentencing Commission minutes of December 18, 2014.
Betsy Gillespie moved to approve the minutes. Chris Mechler seconded the motion. The motion
carried and the minutes were approved.
Presentations
Scott Schultz, Executive Director introduced presenters: Stephen Owens, Owens Bonding, Inc.
who presented Bail Bondsman Their Role in the Criminal Justice System, and Nick Wachiniski
who presented Understanding Commercial Sureties: Risk Management in the Age of Technology.
Review & Approval of KSC 2015 Proposed Draft Legislation
Scott Schultz provided and reviewed KSC’s 2015 proposed legislation: 15rs0262, 15rs0263,
15rs0264, 15rs0287, 15rs0305 and 15rs0310. After discussion, it was proposed to amend the
following bills:
15rs0263 - Subsection (f) becomes a new section in the bill and in Section 3, remove “July 1,
2016 and” language.
15rs0310 - Subsection (c)(3)(C) to read, “is a drug severity level 5 felony if that person has two
or more prior convictions under such subsection…”
Betsy Gillespie moved to approve the six proposed bills as amended. Judge Fowler seconded the
motion. The motion carried and the bill proposals were approved to be submitted as 2015
legislation. Kevin Berens and Lee Davidson voted no.
Agency Report
Scott Schultz, Executive Director, provided an update of agency activities.
Adjournment
Representative Rubin moved the meeting be adjourned, Lee Davidson seconded the motion and
the meeting was adjourned at 3:25p.m.
Minutes of the Kansas Sentencing Commission Teleconference Meeting
March 20, 2015
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission
teleconference meeting to order on March 20, 2015 at 1:33 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative John J. Rubin
Senator Carolyn McGinn
David W. Riggin, Kansas Prisoner Review Board
Steve Karrer, 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:
Susanna Honaker, Little Government Relations, LLC
Kathleen Graves, Deputy Secretary, Department of Corrections
Staff:
Scott M. Schultz, Executive Director
Kunlun Chang, Director of Research
Brenda Harmon, Special Assistant to the Executive Director
Fengfang Lu, Senior Research Analyst
Ebo Browne, Research Analyst
2
Approval of Proposed Agenda
Chair Wilson requested a motion to approve the proposed agenda as written. Chris Mechler
moved to approve the agenda and Secretary Ray Roberts seconded the motion. The motion
carried and agenda was approved.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission meeting minutes of January 16, 2015.
Betsy Gillespie moved to approve the minutes and Chris Mechler seconded the motion. The
motion carried and the minutes were approved.
KSC 2015 Legislative Update
Scott Schultz, Executive Director, presented a thorough assessment of KSC’s ongoing 2015
legislative responsibilities. Additionally, Mr. Schultz referred to and discussed Secretary
Robert’s monthly letter reflecting the current prison capacity as well as KSC’s monthly prison
population monitoring report.
Mr. Schultz reviewed KSC’s Legislative Bill Tracking, providing the status on each proposed
legislative bill requiring KSC to complete a prison bed space assessment. In addition to this, Mr.
Schultz referred to and discussed KSC’s 2015 Legislative Prison Bed Space Assessment
Summary.
Mr. Schultz reported more information regarding legislative process and updated the Commission
on the status of all KSC proposed legislation.
Agency Report
Scott Schultz, Executive Director, provided a summary of the agency’s activities since the last
meeting and advised the members on the agency’s upcoming activities.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on April 24, 2015 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 2:16 p.m.
Minutes of the Kansas Sentencing Commission Meeting
May 28, 2015
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on May 28, 2015 at 1:37 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
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
Kathleen Graves, Deputy Secretary, Department of Corrections
Stacey Donovan, 3rd Judicial District, Chief Public Defender
Kim Brown, Vice President Marketing New Business Development, Mirror Inc.
Staff:
Scott M. Schultz, Executive Director
Kunlun Chang, Director of Research
Brenda Harmon, Special Assistant to the Executive Director
Fengfang Lu, Senior Research Analyst
Charlene Peacock, Utilization Review/SB 123 Program Director
Trish Beck, Program Assistant
Ebo Browne, Research Analyst
Rachel Cole, Administrative Assistant
Approval of Proposed Agenda
2
Chair Wilson requested a motion to approve the proposed agenda as written. Chris Mechler
moved to approve the agenda and Secretary Ray Roberts seconded the motion. The motion
carried and the agenda was approved.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Teleconference meeting minutes of March
20, 2015. Judge Lee Fowler moved to approve the minutes. Kevin Berens seconded. During
discussion, Amy Hanley moved a friendly amendment to replace her name with Steve Karrer, as
the Attorney General’s designee. Judge Fowler and Kevin Berens accepted the amendment to the
original motion. The minutes were approved as amended and Mr. Karrer will be inserted as the
Attorney General’s designee.
Welcome New Staff Members
Scott Schultz, Executive Director introduced new Sentencing Commission staff members
Charlene Peacock, SB123 Program Director/Utilization Review and Rachel Cole, Administrative
Assistant.
SB 123 Update
Charlene Peacock provided a summary of her involvement over the past several months regarding
introductions, training, and meetings:
SB 123 Working Group
SB 123 Subcommittee
Kansas Association of Addiction Professionals (KAAP) meeting
Community Corrections Directors’ meeting
Total Offender Activity Documentation System (TOADS) training
Treatment Providers Payment System (TPPS) training
Charlene Peacock discussed future matters being considered within the program:
KDADS’s Kansas Clinical Placement Criteria (KCPC) being integrated with KDOC’s
TOADS and the KSC’s TPPS
Working with Kansas Department of Aging and Disability (KDADS) on implementation
of our outcome and data research driven system
Updating KSC’s current SB 123 payment database
Reviewing Intermediate/Residential treatment length of stay caps
Review and Approval of SB 123 Intermediate/Residential Modality Length of Stay
Scott Schultz and Charlene Peacock provided the SB 123 Year to Date Activity report and the list
of Approved Treatment Modalities and Cost Caps as listed in the SB 123 Operations Manual.
The SB 123 Subcommittee met and proposed a change regarding the reduction of length of stay
days for Intermediate/Residential treatment from 40 days to 21 days when an offender is
sentenced on or after July 1, 2015. The Commission approved reducing the
Intermediate/Residential modality to 21 days for those offenders sentenced on or after July 1,
2015.
Judge McAnany suggested the language in the SB 123 Operations Manual referencing Approved
Treatment Modalities and Cost Caps, Minimum Service Components be clarified to read:
Treatment may range from 7-40 days in length
3
Those offenders sentenced on or after July 1, 2015 are subject to a treatment range from
7-21 days in length
Under no circumstances will payment be made for intermediate/residential services
beyond 90 days
Structured clinical program meeting ASAM specifications.
Includes Group and Individual counseling, at a minimum up to 10 hours per day
JRI Steering Committee Report
Chair Wilson reported the Justice Reinvestment Initiative (JRI) Steering Committee met April 28,
2015 and discussion took place referencing the complexity of the sentencing journal entries as
well as the JRI Sanction language. Chair Wilson plans to clarify these topics at the Judge’s JRI
Summit in August.
KSC 2015 Legislative Update
Scott Schultz prepared and reviewed a KSC Legislative Update - May 28, 2015 reporting on all
of the KSC recommended bills:
HB 2049- Amending the penalties for first time and second time marijuana convictions-
bill has stalled and will be revisited next year.
HB 2051- Amendments to calculation of good time and program credits for inmates/Use
of risk assessment tool for community corrections placement- signed by Governor
May 14.
HB 2055 - Conversion of out-of-state misdemeanors - several bills were amended into it
(SB 12- Battery against a LEO including judge, attorney, CSO and CC officers, and HB
2048 - items that may be included in a search warrant.) – awaiting signature of
Governor.
HB 2050 - Probation absconders eligible for JRI prison sanctions- Failed for lack of
floor hearing.
HB 2052 - SB 123 treatment for drug diversions – Failed for lack of floor hearing.
Agency Report
Scott Schultz provided a summary of the agency’s activities since the last meeting and advised
the members on the agency’s upcoming activities.
Mr. Schultz referred to and discussed Secretary Robert’s monthly letter to the KSC reflecting the
current prison capacity as well as the Prison Population Monthly Monitoring Report.
Recognition of Commission Member
Chair Wilson recognized Commission member, Jennifer Roth who will be resigning at the end of
May. Ms. Roth was appointed as a KSC Commission member July 29, 2009 and served on most
KSC subcommittees. Jennifer’s committed service is greatly appreciated and will be missed.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on June 25, 2015 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 3:30 p.m.
Minutes of the Kansas Sentencing Commission Meeting
August 27, 2015
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on August 27, 2015 at 1:34 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
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
Tim Madden, Department of Corrections Designee
Kevin N. Berens, Thomas County Attorney
J. Shawn Elliott, Attorney
Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County
Stacey L. Donovan, 3rd Judicial District Chief Public Defender
Edward (Eddie) J. Regan, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Marie McNeal, KDOC Director of Community Corrections
Kathleen Graves, Deputy Secretary, Department of Corrections
Susanna Honaker, Little Government Relations, LLC
Jennifer Roth, 1650 Law and Policy Group, LLC
Derek Hein, Mirror, Inc.
Briana Landon, Legislative liaison, KDOC
Representative Janice Pauls
Staff:
Scott M. Schultz, Executive Director
Kunlun Chang, Director of Research
Brenda Harmon, Special Assistant to the Executive Director
Charlene Peacock, Utilization Review/SB 123 Program Director
Trish Beck, Program Assistant
Ebo Browne, Research Analyst
Jesse Becker, Finance Director
Fengfang Lu, Senior Research Analyst
2
Welcome New Commission Member
Chair Wilson introduced and welcomed Stacy Donovan, 3rd Judicial District Chief Public
Defender who has been appointed by Governor Sam Brownback to serve as a commission
member, replacing Jennifer Roth.
LSI-R Scoring Guide Update
Marie McNeal, KDOC Director of Community Corrections provided handouts and presented a
PowerPoint presentation, “KDOC & Court Services LSI-R Scoring Guide Update”.
Ms. McNeal advised that in an effort to maintain uniformity in the preparation of assessments by
field staff in community corrections services and court services, Dr. Jennifer Pealer studied both
the KDOC and Court Services’ LSI-R scoring guides. Dr. Pealer determined the largest
discrepancy came from the assessment time frame references (i.e., KDOC uses Lifetime, Current,
Past Year and One-Year while Court Services uses Lifetime, Current, Past and Two-Years)
After further consultation, KDOC has elected to return to the original time frame references of
Lifetime, Current, Past Year and Two-Years. Implementation of this will be ongoing with a
possible start date in early 2016.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission teleconference meeting minutes of June 25,
2015. Betsy Gillespie moved to approve the minutes as written. Chris Mechler seconded the
motion and the minutes were approved.
Presentation of the FY 2016 Prison Population Projections
Scott Schultz, Executive Director, provided handouts and reviewed the FY 2016 Adult Inmate
Prison Population Projections. Judge Fowler moved to approve the projections. Judge McAnany
seconded the motion and the projections were adopted.
2015 National Association of Sentencing Commission Annual Conference
Judge Wilson presented a summary of information presented at the 2015 National Association of
Sentencing Commissions Annual Conference in Alaska. Scott Schultz also moderated and
presented on a panel that discussed a state perspective of the Justice Reinvestment Initiative.
SB 123 Update
Chris Mechler provided a brief update regarding work being conducted by SB 123 Subcommittee.
She announced that for SB 123 cases sentenced on or after July 1, 2015, extensions on a case-by-
case basis will be considered for the Intermediate/Residential modality. Extensions of the length
of stay will be considered after completion of a new Extension Request Form that was approved
by the Subcommittee for staff use. Letters to treatment providers will be sent out August 31,
2015 to inform them of this available option.
A SB 123 cost of services survey was sent to all treatment providers to determine the costs
providers incur to provide SB 123 services to offenders. Jesse Becker will compile the results
and provide a report of findings to the Subcommittee next month.
3
Agency Report
Scott Schultz provided a summary of the agency’s activities since the last meeting and advised
the Commission on the agency’s upcoming activities:
State vs. Pearce - While still on appeal, the case potentially affects criminal
history scoring. Its current interpretation by the Court of Appeals allows the use
of prior convictions for special rule enhancements as well as criminal history
scoring.
Expanding Payment Options for Stakeholders – The Kansas.gov/Information
Network of Kansas contract has been approved and the agency will shortly be
accepting credit card and electronic check transactions for purchases of the Desk
Reference Manual and other materials sold by the KSC.
SB 123 Treatment Providers Payment System (TPPS) – In addition to the credit
card DRM project, the agency is currently partnering with Kansas.gov to craft a
new, expanded and automated version of TPPS to assist with online
portal/tracking on payments and electronically filing of Invoice for Purchase of
Service from treatment providers. The next meeting is scheduled for September
9, 2015.
2015 KSC Workshop will take place on November 18 and 19. He requested
brainstorming ideas for further development of a legislative agenda for the
upcoming session.
Mr. Schultz referred to and discussed KDOC’s monthly letter to the KSC reflecting the current
prison capacity as well as the Prison Population Monthly Monitoring Report.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on September 24, 2015 at the
Jayhawk Tower, Senate Room.
Meeting adjourned 3:25 p.m.
Minutes of the Kansas Sentencing Commission Meeting
June 25, 2015
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on June 25, 2015 at 1:37 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative John J. Rubin
Senator Carolyn McGinn
David W. Riggin, Kansas Prisoner Review Board
Steve Karrer, 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:
Tim Madden, Senior Counsel, Department of Corrections
Kathleen Graves, Deputy Secretary, Department of Corrections
Stuart Little, Ph.D., Little Government Relations, LLC
Staff:
Scott M. Schultz, Executive Director
Kunlun Chang, Director of Research
Brenda Harmon, Special Assistant to the Executive Director
Charlene Peacock, Utilization Review/SB 123 Program Director
Trish Beck, Program Assistant
Ebo Browne, Research Analyst
Jesse Becker, Finance Director
2
Approval of Proposed Agenda
Chair Wilson requested a motion to approve the proposed agenda as written. Judge McAnany
moved to approve the agenda and Chris Mechler seconded the motion. Betsy Gillespie requested
to amend the agenda by adding new business. Judge McAnany approved the friendly
amendment, Chris Mechler seconded and the amended agenda was approved with the addition of
New Business.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Teleconference meeting minutes of May 28,
2015. Judge McAnany moved to approve the minutes as written. Secretary Roberts seconded the
motion and the minutes were approved.
Welcome New Staff Members
Scott Schultz, Executive Director introduced new Sentencing Commission staff member Jesse
Becker, MBA, as the agency’s newest Finance Director. Mr. Becker began work on June 1 and
will be replacing John Spurgeon.
Review and Approval of Sentencing Forms
Scott Schultz, Executive Director provided the proposed 2015 sentencing forms as amended to
reflect the 2015 Legislative Session outcomes: Presentence Investigation Report (PSI), Journal
Entry of Judgment (JE) and Journal Entry of Probation Violation Hearing (PVJE).
Listed below are additional proposed amendment to the forms:
PSI - amend page 5, section 6 by removing the “Department of Corrections” box
JE - amend the additional offense pages to reflect the proposed changes in Section IV, #4 and #5
and amend the symbol in section VI, #2 to be a “cross” next to “Total Restitution”
PVJE - no amendments were made
Kevin Berens moved to approve the 2015 sentencing forms as proposed and amended.
Representative Rubin seconded the motion. The motion carried and the 2015 sentencing forms
were approved as amended.
SB 123 Update
Chris Mechler, SB 123 Subcommittee chair, provided a brief overview regarding the SB 123
Subcommittee’s discussion and proposals. Changing existing and adding new modalities will be
presented to SB 123 treatment providers for feedback.
Agency Report
Scott Schultz provided a summary of the agency’s activities since the last meeting and advised
the members on the agency’s upcoming activities:
New data entry position request was approved by the Legislature and the hiring
process will begin shortly
State vs. Pearce – discussed case that is on Petition for Review with Kansas
Supreme Court that may affect criminal history and scoring
SB 123 staff are researching Kansas.gov to assist with automated payments for
the Desk Reference Manual. A request to pursue a contract with Kansas.gov was
granted
3
SB 123 Treatment Providers Payment System (TPPS) overhaul – Staff are
exploring a partnership with Kansas.gov to assist with online portal/tracking on
payments and electronically filing Invoice for Purchase of Service forms from
the treatment providers. Additional funding opportunities (grants) through
Kansas.gov is also being studied
Research staff will attend the NCJA/JRSA Conference in Atlanta August 2-5.
Mr. Schultz referred to and discussed Secretary Robert’s monthly letter to the KSC regarding the
current prison capacity as well as the Prison Population Monthly Monitoring Reports.
New Business
Betsy Gillespie led an informational discussion regarding the present differences in the LSI-R
scoring guides when assessments are made by community corrections and court services. No
action was taken.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on July 23, 2015 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 3:08 p.m.
Minutes of the Kansas Sentencing Commission Meeting
October 22, 2015
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on October 22, 2015 at 1:35 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
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
Tim Madden, Department of Corrections Designee
Kevin N. Berens, Thomas County Attorney
J. Shawn Elliott, Attorney
Elizabeth M. (Betsy) Gillespie, Director of Corrections, Johnson County
Stacey L. Donovan, 3rd Judicial District Chief Public Defender
Edward (Eddie) J. Regan, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Kathleen Graves, Deputy Secretary, Department of Corrections
Stuart Little, Ph.D., Little Government Relations, LLC
Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Charlene Peacock, Utilization Review/SB 123 Program Director
Trish Beck, Program Assistant
Ebo Browne, Research Analyst
Jesse Becker, Finance Director
Fengfang Lu, Senior Research Analyst
2
Agency Report
Scott Schultz provided a summary of the agency’s activities since the last meeting and advised
the Commission on the agency’s upcoming activities:
SB 123 Treatment Providers Payment System (TPPS) – In addition to accepting
credit cards for the online purchase of Desk Reference Manuals, the agency is
partnering with Kansas.gov to craft a new, expanded and automated version of
TPPS to assist with online portal/tracking on payments and allowing treatment
providers to electronically file invoices for purchase of service. Work is being
completed on a grant application for this project.
A SB 123 Update Workshop will be held October 30, 2015 at the Jayhawk
Tower, Florentine Room in Topeka.
The 2015 KSC Workshop will take place on November 18 and 19. Mr. Schultz
requested brainstorming ideas for further development of a legislative agenda for
the upcoming session.
Mr. Schultz referred to and discussed KDOC’s monthly letter reflecting the current prison
capacity as well as the Prison Population Monthly Monitoring Report.
Approval of Agenda
Chair Wilson referred to the Sentencing Commission Agenda. Amy Hanley moved to approve
the agenda as written. Chris Mechler seconded the motion and the agenda was approved.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission meeting minutes of August 27, 2015. Betsy
Gillespie moved to approve the minutes as written. Judge Fowler seconded the motion and the
minutes were approved.
Approval of Proposed Changes in SB 123 Modality Reimbursement Rates
Chris Mechler and Charlene Peacock and the SB 123 Subcommittee provided the commission
members with the proposed changes in treatment modalities to be effective January 1, 2016:
Assessment rate change from $200 to $175
Social Detox rate change from $200 to $150 with a change in the cap from 3 to 5 days
Intensive Outpatient conversion from hours to days with a 30 day cap and $120 a day
Re-Integration currently has no cap- adding a 60 day cap and increasing reimbursement
from $37 to $70 a day.
Kevin Berens moved to approve the proposed modality changes. Rep. Sawyer seconded the
motion and the proposed changes in modality reimbursement rates were approved and will be
effective January 1, 2016.
SB 123 Update
Chris Mechler and Charlene Peacock provided a brief update on the SB 123 Subcommittee’s
discussion regarding a limited agreement with Value Options, a managed care provider for state
Medicaid, to assist staff with potential appeals when treatment providers request extended
inpatient care.
More discussion will continue at the next SB 123 Subcommittee meeting on November 19, 2015.
3
New Business
Judge Wilson proposed the 2016 KSC Workshop take place earlier in the year and a tentative date
of August 30th and 31st was discussed.
Next Meeting
The next Sentencing Commission meeting will be the annual Workshop - November 18-19, 2015
at the Topeka Downtown Ramada Convention Center beginning at 9:00 a.m. in the Grand
Ballroom.
Meeting adjourned 2:38 p.m.
Minutes of the Kansas Sentencing Commission Meeting
November 18, 2015 - Day 1
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission Workshop, Day 1, to
order on November 18, 2014 at 9:06 a.m. in the Grand Ballroom of the Topeka Ramada Convention Center,
Topeka, Kansas.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative John J. Rubin
Senator Carolyn McGinn
David W. Riggin, Kansas Prisoner Review Board
Amy J. 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
Stacey L. Donovan, 3rd Judicial District Chief Public Defender
Edward (Eddie) J. Regan, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Kelly Mitchell, Executive Director, Robina Institute of Criminal Law and Criminal Justice
Rhys Hester, Post-Doctoral Fellow, Robina Institute of Criminal Law and Criminal Justice
Representative Janice Pauls
Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association
Jennifer C. Roth, 1650 Law and Policy Group, LLC
Kathleen Graves, Deputy Secretary, Department of Corrections
Tim Madden, Senior Counsel, Department of Corrections
Natalie Scott, Revisor of Statutes
Jason Thompson, Revisor of Statutes
2
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Peacock, Utilization Review/SB 123 Program Director
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Ebo Brown, Research Analyst
Approval of Agenda and Minutes
Chair Wilson referred to K.S.A. 74-9101(b)(15), describing the Commission’s charge to make policy
recommendations to the Executive and Legislative branches of Kansas government.
Chair Wilson referred to the Sentencing Commission meeting minutes of October 22, 2015. Kevin Berens
moved to approve the minutes and Chris Mechler seconded the motion. The motion carried and the minutes
were approved.
Criminal History Enhancements in Guidelines Systems
Dr. Rhys Hester, Post-Doctoral Fellow, and Kelly Mitchell, Executive Director of Robina Institute of
Criminal Law and Criminal Justice, University of Minnesota presented Criminal History Enhancements in
Guidelines Systems. The presentation covered the following topics:
Justifying Criminal History Enhancements at Sentencing
Magnitude of Criminal History Enhancements
Decay and Gap Policies
Timing of Current and Prior Crimes: What Counts as a “Prior” Conviction?
Juvenile Adjudications
Misdemeanor Convictions
Severity Premium for Similar Prior Offending; Patterning Rules
Prior Offense Weighting and Special Eligibility Rules for High Criminal History Categories
Custody Status as a Criminal History Enhancement
The Treatment of Multiple Current Offenses
The Relationship between Criminal History and Recidivism Risk
Criminal History Enhancements as a Cause of Minority Over-Representation
Potential considerations for Kansas were provided:
Consider a lookback limit for adults
Consider Juvenile limits
Consider adopting a Racial Impact Statement
Juvenile adjudication considerations were:
Decay or gap
Time lapse
3
2016 Legislative Proposals and Letter to the Governor Options - Brainstorming Session
KSC members were provided a handout, 2015 KSC Workshop Legislative Proposals.
Members reviewed and discussed 2016 legislative proposals.
Adjournment
The workshop was adjourned at 3:03 p.m.
4
Minutes of the Kansas Sentencing Commission Meeting
November 19, 2015 - Day 2
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission Workshop, Day 2, to
order on November 19, 2015 at 9:15 a.m. in the Grand Ball Room of the Topeka Ramada Convention Center,
Topeka, Kansas.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative John J. Rubin
Senator Carolyn McGinn
David W. Riggin, Kansas Prisoner Review Board
Amy J. 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
Stacey L. Donovan, 3rd Judicial District Chief Public Defender
Edward (Eddie) J. Regan, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association
Jennifer C. Roth, 1650 Law and Policy Group, LLC
Kathleen Graves, Deputy Secretary, Department of Corrections
Tim Madden, Senior Counsel, Department of Corrections
Natalie Scott, Revisor of Statutes
Aaron Johnson, Johnson County Court Services
Shane Rolf, Shane’s Bail Bonds, Olathe, KS
Brianna Landon, Legislative Liaison & Public Information Officer, Department of Corrections
Robert Sullivan, Johnson County Criminal Justice Coordinator
Kevin Barone, Kansas Bail Agents Association
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Peacock, Utilization Review/SB 123 Program Director
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Ebo Brown, Research Analyst
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Chair Wilson recognized Department of Corrections’ retirements of Secretary Ray Roberts; David Riggin,
Prisoner Review Board; and Kathleen Graves, Deputy Secretary.
Future Workshop
The 2016 workshop will be held September 27 and 28, 2016. Representative Rubin moved to approve the
dates and Kevin Berens seconded the motion. The motion carried.
Presentation on Legal & Evidence-Based Bail Administration
Aaron Johnson, Johnson County Court Services presented information relating to evidence-based bail
administration.
Pretrial Detention Roundtable
Scott Schultz moderated a discussion with Aaron Johnson, Johnson County Court Services and Shane Rolf,
Shane’s Bail Bonds, Olathe, KS, discussing the pretrial process and duties and responsibilities of court
services and a bail bondsman.
KSC Agency Report
Legislative post audit report evaluating the state substance abuse programs will be due December.
New Administrative Assistant, Erica Waggoner will be replacing Rachel Cole who was promoted to Data
Entry Operator III.
SB 123 Workshop was held October 30, 2015 in Topeka to address the invoice process with community
corrections officers and treatment providers. Approximately 80 were in attendance.
Proposed Amendments for 2016 Legislation - Brainstorming Session Continued
KSC members were provided a handout, 2015 KSC Workshop Legislative Proposals, (Attachment 1) to be
used as a tool while considering proposed 2016 legislation and/or include in the letter of recommendations to
the Governor.
Proposal #7 - Drugs: Repeal Special Rule 26 Third Time Drug Possession.
Judge Fowler moved to approve the proposal for legislation only. Judge Wilson seconded the motion
and the motion carried. Amy Hanley, Kevin Berens and Representative Rubin opposed the motion.
Proposal #9 - SB 123: Expand to severity level 4 drug small sales if SB 123 criteria is met.
Judge Fowler moved to approve the proposal for both legislation and the letter to the Governor.
Representative Rubin seconded the motion and the motion carried. Amy Hanley and Kevin Berens
opposed.
Proposal #11 - JRI: Delete quick dip requirement prior to prison sanctions for abscond but not new
crimes.
Representative Rubin moved to approve proposal for both legislation and the letter to the Governor.
Chris Mechler seconded the motion and the motion carried. Amy Hanley opposed.
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Proposal #14 - Failure to Register: Amending penalties from person to nonperson.
Dave Riggins moved to approve the proposal for both legislation and the letter to the Governor. Shawn
Elliott seconded the motion. Stacey Donovan moved to table the motion pending receipt of underlying
prison sentences and length of registration for FY15. Amy Hanley seconded the motion and the motion
was tabled.
Proposal #15 - Theft: Increase felony loss threshold to $2,000.
Kevin Berens moved to approve proposal for both legislation and the letter to the Governor. Amy
Hanley seconded the motion and the motion carried. Dave Riggins opposed.
Proposal #16 - Unlawfully tampering w/electronic monitoring equipment: Amending the severity level
from 6 to severity level 6 for nondrug severity levels 1-5 and drug severity levels 1-2; severity level 8
for nondrug severity levels 6-8 and drug severity levels 3; severity level 10 for nondrug severity levels
9-10 and drug severity level 4-5; and class A misdemeanor for misdemeanor or civil cases involving
electronic monitoring.
Representative Rubin moved to approve proposal for both legislation and the letter to the Governor. Tom
Sawyer seconded the motion and the motion carried.
Proposals #18 - #20: Studies: Use of drug courts as a reentry program for drug addicted offenders,
prison length of stay for drug possession crimes (D5) and system-wide identification of the extent of
substance abuse and/or mental illness.
Judge Fowler will provide draft language at the December 17th KSC meeting.
Proposal #21 - Probation: Technical violators determined by KDOC to have substance abuse problems
will serve six months and then be released to community corrections.
Secretary Roberts will bring draft language to the December 17th meeting.
Proposal #22 - Criminal History Scoring: Except offgrid and nonperson severity levels 1-4, all juvenile
adjudications, will decay if the offender has no new adjudications within five years from the date of
discharge of the final adjudication.
Betsy Gillespie moved to approve the proposal for Legislation only. Representative Sawyer seconded
the motion and the motion carried. Amy Hanley and Kevin Berens opposed.
Proposal #23 - Proportionality Statement by the Commission: The Kansas Sentencing Commission will
present a proportionality statement on all legislative impacts. Crimes with current severity level and
those one level above and below shall be included comparatively with the proposed offense.
Representative Rubin moved to approve the proposal. Chris Mechler seconded the motion and the
motion carried.
Proposals #1-6, #8, #10, #12-13 and # 19 were not adopted by the Commission.
Adjournment The 2015 workshop was adjourned at 3:54 p.m.
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Attachment 1
Attachment 1
Description Yes No
1 . Criminal History Scoring: np and drug SL 4-5 decay after 10 yrs
2 . Criminal History Scoring: np and drug SL 4-5 decay after 15 yrs
3 . Criminal History Scoring: np and drug SL 4-5 decay after 20 yrs
4 . Drugs: Reduce Length of Sentence for SL 1-3 on Drug Grid by 20%
5 . Drugs: Reduce Length of Sentence for SL 1-3 on Drug Grid by 25%
6 . Drugs: Reduce Length of Sentence for SL 1-3 on Drug Grid by 30%
7 . Drugs: Repeal Special Rule 26 Third Time Drug Possession
8 . Drugs: Extend border box on drug grid to 4-C and 4-D
9 . SB 123: Expand to SL 4 drug small sales
10 . SB 123: Expand to nondrug grid to subst. abuse-related np
11 . JRI: Delete quick dip requirement prior to prison sanctions for abscond/new crime
12 . State v. Pearce : Amend KSA 21-6810(d)(9) to include "or applicable penalties"
13 . Inmate Letter: Amendment to retroactively apply current severity level 1 and 2 crimes to those similarly
convicted from 1996-1998
14 . Registration: Failure to Register - amend penalties from person to nonperson
15 . K.S.A. 21-5801 Theft: Increase felony loss threshold to $2,000
16 . K.S.A. 21-6322 Unlawfully tampering w/electronic monitoring equipment: Reducing penalty from SL 6 to SL 8
17 . DUI: Procedural fix for prohibiting all time of 2,160 hours to be spent at home rather than obtaining
employment while on house arrest or work release
18 . Studies: Use of Drug Courts as a Reentry Program for drug addicted offenders
19 . Studies: Prison Length of Stay for Drug Possession Crimes (D5)
20 . Studies: System-wide Identification of the Extent of Substance Abuse and/or Mental Illness
21 .
22 .
23 .
24 .
25 .
Approved
2015 KSC Workshop Legislative Proposals
November 18-19, 2015
Gov. Ltr (G),
Legislation
(L) or Both
(B)
Minutes of the Kansas Sentencing Commission Meeting
December 17, 2015
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on December 17, 2015 at 2:40 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative John J. Rubin
Representative Janice Pauls
Senator Carolyn McGinn
David W. Riggin, Kansas Prisoner Review Board
Amy J. Hanley, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Tim Madden, Department of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Nathan Barnes, Public Member
Guests:
Natalie Scott, Revisors’ Office
Jason Thompson, Revisors’ Office
Stuart Little, Ph.D., Little Government Relations, LLC
Kevin Barone, Kansas Bail Agents Association
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Peacock, Utilization Review/SB 123 Program Director
Ebo Browne, Research Analyst
Jesse Becker, Finance Director
Erica Waggoner, Administrative Assistant
Approval of Proposed Agenda
Chair Wilson asked if there were objections to the agenda. There were no objections to the
agenda.
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Approval of Minutes
Chair Wilson referred to the Sentencing Commission Workshop minutes of November 18 and 19,
2015. Amy Hanley moved to approve the minutes as written. Kevin Berens seconded the
motion, and the minutes were approved.
Welcome New KSC Members
Chair Wilson updated members on newly appointed members. Former Sentencing Commission
member and State Representative Janice Pauls is replacing Edward “Eddie” Regan. Chair Wilson
also introduced new Sentencing Commission member, Nathan Barnes who is replacing Pastor
Junius Dotson.
Welcome New Staff Members
Scott Schultz, Executive Director, introduced new Sentencing Commission staff member, Erica
Waggoner as the agency’s Administrative Assistant. Ms. Waggoner began work on November 30
and is replacing Rachel Cole who accepted a position as a Data Entry Operator III.
Letter to the Governor
Judge Wilson moved to amend the proposed Governor’s letter changing 1) language for increase
felony from loss to theft; and 2) removing both the Repeal Special Rule 26 and Criminal History
Scoring due to the lack of approval in the KSC 2015 Workshop. Chris Mechler seconded the
motion and the motion carried. Amy Hanley and Kevin Berens opposed the motion.
Scott Schultz presented the requested information to the members. The Commission had
previously tabled a discussion regarding offender registration at the November Workshop until
more information was provided. Judge Fowler moved to remove from the table the proposed
legislation regarding the failure to register. Representative Sawyer seconded the motion, and the
offender failure to register discussion was removed from the table.
Judge Fowler moved to include K.S.A. 22-4903 to state that a nonperson felony violation of the
Kansas Offender Registration Act would be a nonperson felony rather than a person felony.
Representative Rubin seconded the motion and the motion carried to add the proposal to both the
legislation and the letter to the Governor. Amy Hanley, Kevin Berens, Representative Rubin, and
Tim Madden opposed the motion.
Representative Rubin moved to include in the Governor’s letter the Criminal History Scoring.
Stacey Donovan seconded the motion and the motion carried to add Criminal History Scoring to
the Governor’s letter. Amy Hanley and Kevin Berens opposed the motion.
Chris Mechler moved to include the repeal of Special Rule 26 in the Governor’s letter.
Representative Sawyer seconded the motion and the motion carried. Amy Hanley, Kevin Berens,
and Representative Rubin opposed the motion.
Judge Fowler moved to approve a study proposal in the letter to the Governor. Amy Hanley
seconded the motion. The original motion carried to include the study proposal as an attachment
to the letter to the Governor. After discussion Kevin Berens moved to call the question. Amy
Hanley seconded the motion and the motion carried.
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Review and Approval of 2016 Proposed Legislation
KSC members were provided handouts of 2016 KSC Legislative Proposals in draft form. Scott
Schultz explained each proposed bill as referenced below:
16rs2566- Drugs: Repeal Special Rule 26 Third Time Drug Possession
Judge Fowler moved to approve the proposal for legislation and for inclusion in the letter to
the Governor. Representative Sawyer seconded the motion, and the motion carried. Amy
Hanley, Kevin Berens and Representative Rubin opposed the motion.
16rs2570- SB 123: Expand to severity level 4 drug small sales if SB 123 criteria is met.
Judge Fowler moved to approve the proposal for both legislation and the letter to the
Governor. Chair Wilson seconded the motion and the motion carried. Amy Hanley and
Kevin Berens opposed the motion.
16rs2568 - JRI: Delete quick dip requirement prior to prison sanctions for abscond but not
new crimes.
Judge Fowler moved to approve the proposal for both legislation and the letter to the
Governor. Representative Rubin seconded the motion and the motion carried. Amy Hanley
and Kevin Berens opposed the motion.
16rs2567 - Theft: Increase felony theft loss threshold to $2,000.
To make theft offenses consistent, Stacey Donovan moved to include subsections (b)(5) and
(b)(6) of K.S.A. 21-5801 in the proposed legislation which increases the felony theft loss
threshold to $2,000. Chris Mechler seconded the motion and the motion carried.
16rs2610 - Unlawfully tampering w/electronic monitoring equipment: Amending the
severity level from 6 to severity level 6 for nondrug severity levels 1-5 and drug severity
levels 1-2; severity level 8 for nondrug severity levels 6-8 and drug severity level 3; severity
level 10 for nondrug severity levels 9-10 and drug severity level 4-5; and class A
misdemeanor for misdemeanors or civil cases involving electronic monitoring.
Representative Rubin moved to approve the proposal for both legislation and the letter to the
Governor. Representative Sawyer seconded the motion and the motion carried. Kevin Berens
opposed the motion.
16rs2608 - Criminal History Scoring: Except off-grid and nonperson severity levels 1-4, all
juvenile adjudications, will decay if the offender has no new adjudications within five years
from the date of discharge of the final adjudication.
Stacey Donovan moved to approve the proposal for legislation and the letter to the Governor.
Representative Sawyer seconded the motion and the motion carried. Amy Hanley and Kevin
Berens opposed.
Executive Session
Chair Wilson moved to go into executive session for 15 minutes concerning personnel matters.
Judge Fowler seconded the motion and the motion carried.
After 15 minutes, the meeting returned to open session.
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Chair Wilson moved to have Kevin Berens replace Betsy Gillespie on the Compensation
Subcommittee. Judge Fowler seconded the motion and the motion carried.
Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed KDOC prison population reports.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on January 22, 2016 at the
Jayhawk Tower, Senate Room.
Meeting adjourned 5:12 p.m.