Senator David B. Haley Senator Carolyn McGinn Steve Karrer

Minutes of the Kansas Sentencing Commission Meeting

January 22, 2016

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to

order on January 22, 2016 at 1:30 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

Jonathan Ogletree, Kansas Prisoner Review Board

Steve Karrer, Kansas Attorney General’s Office Designee

Chris A. Mechler, Office of Judicial Administration

Interim Secretary Johnnie Goddard, Department of Corrections

Kevin N. Berens, Thomas County Attorney

Stacey L. Donovan, Third Judicial District Public Defender’s Office

Nathan Barnes, Public Member

Guests:

Marie McNeal, Department of Corrections

Tim Madden, Department of Corrections

Mitchel DePriest, Hein Governmental Consulting, LLC

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

Trish Beck, Program Assistant

Erica Waggoner, Administrative Assistant

2

Approval of Proposed Agenda

Chair Wilson asked for a motion to approve the proposed agenda. Judge Patrick McAnany

moved to approve the agenda. Chris Mechler seconded the motion, and the motion carried.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Meeting minutes of December 17, 2015. It

was requested to amend the minutes by listing Stacey Donovan in attendance. Vice Chair Fowler

moved to approve the minutes as amended. Stacey Donovan seconded the motion, and the

motion carried.

Welcome New KSC Members

Chair Wilson introduced and welcomed former Sentencing Commission member, Representative

Janice Pauls; Interim Secretary of Corrections Johnnie Goddard; and Kansas Prisoner Review

Board Chairman Jonathan Ogletree as new members to the Commission.

Approval of Journal Entry Forms

Executive Director Scott Schultz reviewed modifications made to Presentence Investigation

Report (PSI). After discussion, Steve Karrer moved to approve the amended PSI. Judge Patrick

McAnany seconded the motion, and the motion carried.

Mr. Schultz reviewed modifications made to the Journal Entry of Judgment form. After

discussion, Steve Karrer moved to approve the amended Journal Entry of Judgment form. Chris

Mechler seconded the motion, and the motion carried.

Mr. Schultz reviewed modifications made to the Journal Entry of Probation Violation Hearing

form. After discussion, Steve Karrer moved to approve the amended Probation Violation Hearing

form. Nathan Barnes seconded the motion, and the motion carried.

2016 Legislative Update and Agency Report

Executive Director Scott Schultz reported on a request of the House Corrections and Juvenile

Justice Committee. The House Committee has requested the Commission to consider the

proposed balloon amendment to House Bill 2462 and present testimony. Representative Rubin

moved to request Executive Director Scott Schultz, on behalf of the Commission, testify in

support of the amendment. Nathan Barnes seconded the motion, and the motion carried.

Executive Director Scott Schultz provided a summary of the agency’s activities since the last

meeting and reviewed KDOC prison population reports.

KSC Research Analyst, Ebo Browne presented the new HB 2170 Handbook and briefly discussed

it. Expenses to publish the handbook are being funded through a federal grant received from The

Council of State Governments Justice Center.

Executive Session

Chair Wilson moved to go into executive session for 15 minutes concerning personnel matters.

Vice Chair Fowler seconded the motion, and the motion carried.

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Returning to open session, Representative Rubin moved to return to executive session for an

additional 15 minutes to discuss personnel matters. Representative Pauls seconded the motion,

and the motion carried.

After 15 minutes, the meeting resumed to open session. Vice Chair Fowler moved to increase the

salary of Executive Director Scott Schultz to $87,000. Chair Wilson seconded the motion, and

the motion carried. Judge Patrick McAnany, Steve Karrer, and Chris Mechler opposed the

motion.

Next Meeting

The next Sentencing Commission meeting will be on February 19, 2016 at 1:30 p.m. in the

Senate Room of the Jayhawk Tower.

Meeting adjourned 4:14 p.m.


April 15, 2016

The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission meeting to

order on April 15, 2016 at 1:32 p.m.

Participants

Members









Jeannie Wark, Kansas Prisoner Review Board Designee

Amy J. Hanley, Kansas Attorney General’s Office


Terri Williams, Secretary of Corrections Designee



Meredith Butler, Eighth Judicial District Community Corrections


Terry J. Malone, Attorney

Guests



Staff





Charlene Peacock, Utilization Review/SB 123 Program Director

Ebo Browne, Research Analyst




2


Vice Chair Fowler asked for a motion to approve the proposed agenda as written. Honorable

Patrick McAnany moved to approve the agenda and Amy Hanley seconded the motion. The

motion carried and the agenda was approved.

Approval of Minutes

Vice Chair Fowler referred to the Sentencing Commission Meeting minutes of January 22, 2016.

Honorable Patrick McAnany moved to approve the minutes as written. Chris Mechler seconded

the motion. The motion carried and the minutes were approved.

Welcome New KSC Members

Vice Chair Fowler introduced and welcomed new Sentencing Commission members Meredith

Butler, who is replacing Betsy Gillespie and Terry Malone, who is replacing Shawn Elliot.

2016 Legislative Update

Executive Director Scott Schultz, provided a legislative update on relevant sentencing bills. The

following bills were discussed: HB 2049, HB 2460, HB 2462, HB 2463, HB 2464, HB 2447, SB

367, and SB 392.

Staff is currently tracking 65 bills that are significant to its duties to create legislative bed space

impacts.

KSC Subcommittee Solicitation

Executive Director Scott Schultz proposed that a legislative committee be formed for the purpose

of coordinating proposed legislative initiatives at future Commission workshops. Representative

John Rubin moved to approve adding a Legislation Subcommittee. Nathan Barnes seconded the

motion. The motion carried and the new Legislation Subcommittee was approved.

Mr. Schultz discussed the need for replacements on the subcommittees and asked for volunteers.

Meredith Butler volunteered to take Betsy Gillespie’s position on the LSI-R, HB 2170, and SB

123 Subcommittees. Representative John Rubin volunteered to join the Legislative and HB 2170

Subcommittees. Stacey Donovan volunteered to join the JE Forms and Legislative

Subcommittees. Representative Janice Pauls volunteered to join the Legislative and HB 2170

Subcommittees. Chair Wilson will coordinate a new committee list and distribute it by the next

meeting.

Chris Mechler moved to disband the LSI-R Subcommittee until further needed. Representative

Tom Sawyer seconded the motion. The motion carried and the LSI-R Subcommittee is disbanded.

Upon suggestion from Mr. Schultz, consensus was reached to rename each of the subcommittees

as committees to more accurately reflect their hierarchy in the organization.

2013 HB 2170 Update

Research Analyst Ebo Browne presented data on current HB 2170 projects, which include the HB

2170 Continuing Legal Education Webinar and HB 2170 Handbook. Commission members

discussed opportunities for future research pertaining to HB 2170.

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Topic Recommendations for the Joint Committee on Corrections and Juvenile Justice

Oversight Meeting

Executive Director Scott Schultz advised the Commission has been asked to provide potential

topics for the Committee to consider at its meeting on April 27, 2016. Representative John Rubin

described the function and charge of the JCCJJO and recommended to delay any action until the

KSC workshop in September to identify those topics. No further action was taken.

Agency Report



Mr. Schultz informed the members that Governor Sam Brownback appointed Secretary Joseph

Norwood as the Secretary of Corrections and he will begin work on May 30, 2016. Mr. Schultz

also informed the members that the 2015 Annual Report created by Fengfang Lu, Senior

Research Analyst, is now posted on the agency website.

Mr. Schultz stated that Karen Wittman has been hired for the part-time attorney position and she

will begin May 23, 2016.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on May 19, 2016 at the Jayhawk

Tower, Senate Room.



May 19, 2016

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC) meeting to order on May 19, 2016 at 1:34 p.m.

Participants:

Members:

Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair


Senator David B. Haley Representative Tom Sawyer


Representative Janice Pauls Senator Carolyn McGinn

Jonathan Ogletree, Kansas Prisoner Review Board Designee

Jessica G. Domme, Kansas Attorney General’s Office

Chris A. Mechler, Office of Judicial Administration Interim Secretary Johnnie Goddard, Secretary of Corrections Designee


Stacey L. Donovan, Third Judicial District Public Defender’s Office Meredith Butler, Eighth Judicial District Community Corrections



Guests:

Marie McNeal, Department of Corrections Mitchel DePriest, Hein Governmental Consulting, LLC

Susanna Honaker, Little Government Relations, LLC

Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association Tim Madden, Senior Counsel, Department of Corrections

Karen Wittman, Attorney

Staff:


Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research


Charlene Becker, Utilization Review/SB 123 Program Director George “Ebo” Browne, Research Analyst




2


Chair Wilson asked for a motion to approve the proposed agenda as written. Honorable Patrick

McAnany moved to approve the agenda and Stacey Donovan seconded the motion. The motion

carried and the agenda was approved.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Meeting minutes of April 15, 2016. Vice

Chair Fowler moved to approve the minutes as written. Chris Mechler seconded the motion. The

motion carried and the minutes were approved.

Welcome New KSSC Members

Chair Wilson introduced and welcomed new Sentencing Commission member, Jessica Domme, who is replacing Amy Hanley as the Attorney General’s designee.

Employee Award & Recognition Program

To encourage and recognize high achievement in the workplace, Executive Director Scott Schultz

explained that the agency is now participating in an Employee Award and Recognition Program

and this was the first recognition ceremony. Mr. Schultz advised of the program’s purpose, process/procedure, eligibility and award categories. Listed below are the award categories in

which staff is eligible every quarter:

Distinguished Accomplishment;

Meritorious Service;

Kansas Quality Management;

Volunteerism;

Length of Service and

Employee of the Quarter

The Selection Committee of Chair Wilson, Vice Chair Fowler and Kevin Berens met in April to

consider nominations and determine award candidates. On behalf of the agency, Mr. Schultz presented the awards and recognitions as follows:

Meritorious Service: Chis Chavez, Research Analyst III;

Distinguished Accomplishments: George “Ebo” Browne, Research Analyst;

Distinguished Accomplishment: SB 123 Program team of Charlene Becker, Jesse

Becker, Trish Beck and Donna Owens; and

Employee of the Quarter: Trish Beck, Program Assistant

SB 123 Committee Update

Committee chair Chris Mechler provided an SB 123 update on a meeting that was held on May 19, 2016. Ms. Mechler reported that staff had requested guidance as to keeping the payment

processing in-house or exploring a third party vendor to provide expanded services. Jesse Becker

presented beneficial information, including a cost estimate, regarding an in-house TPPS (Treatment Provider Payment System) proposal of upgrading the current system versus a third

party solution that could also provide utilization management (UM). Brian Baker, Beacon Health

Options, provided information to the committee on Managed Care Organizations, contracted UM

and the benefits of utilizing a vendor. The committee will schedule a follow-up meeting to determine the direction of the project.

3

Agency Report


meeting which included a legislative update. Five of the eight bills introduced by the Commission were signed into law.

The Commission and Sentencing Guidelines 101

Executive Director Scott Schultz announced that upon adjournment of the meeting, he would

provide a presentation, The Commission and Sentencing Guidelines 101: A Nuts and Bolts Approach and welcomed members and guests to attend.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on June 23, 2016 at the Jayhawk

Tower, Senate Room.


Minutes of the Kansas Sentencing Commission Teleconference Meeting

June 23, 2016

The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC)

teleconference meeting to order on June 23, 2016 at 1:28 p.m.

Participants:

Members:











Tim Madden, Secretary of Corrections Designee






Guests:


Staff:





Charlene Becker, SB 123 Program Director/Utilization Review Specialist

George “Ebo” Browne, Research Analyst





2


Chair Wilson asked for a motion to approve the proposed agenda as written. Kevin Berens moved

to approve the agenda. Chris Mechler seconded the motion and the motion carried.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Meeting minutes of May 19, 2016. Chair

Wilson moved to amend the minutes to reflect Senator Carolyn McGinn as participating in the

May meeting. Chris Mechler seconded the motion. Meredith Butler moved to approve the

minutes as amended. Jonathan Ogletree seconded the motion and the motion carried.

Approval of Revisions of the 2016 Journal Entry Forms

As a result of 2016 legislative changes, the Journal Entry Forms Committee Chair Kevin Berens

provided proposed changes to Kansas Sentencing Guidelines forms. This included the

Presentence Investigation Report (PSI), Journal Entry of Judgment (JE) and Journal Entry of

Probation Violation Hearing (PVJE).

Representative Janice Pauls moved to approve the PSI form as revised. Chris Mechler seconded

the motion and the motion carried.

Chair Wilson moved to approve the JE as revised with an amendment of adding a check box to

special sentencing rule #27. Chris Mechler seconded the motion and the motion carried.

Honorable Patrick McAnany moved to approve the PVJE as revised. Jonathan Ogletree seconded


Mr. Berens presented the 2003 SB 123 Eligibility flowchart that was developed by Commission

staff and requested a motion to approve. Vice Chair Fowler moved to approve the flowchart.

Chris Mechler seconded the motion and the motion carried.


Committee Chair Chris Mechler provided a SB 123 update. Ms. Mechler reported that the

committee reviewed options for updating the payment system for the program. Previous meetings

have determined that in-house and third party solutions are available. The committee has formed

a subcommittee to explore and draft a Request for Proposal to determine if a third party vendor is

available to replace the current TPPS (Treatment Provider Payment System) used to process and

track invoice payments in the program. SB 123 Director Charlene Becker provided the

requirements in order to move forward with the process. Ms. Mechler informed the Commission

the subcommittee will be meeting bi-weekly on Fridays until January 2017.

Agency Report


meeting and reviewed the KDOC prison population letter and monthly monitoring report.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on July 21, 2016 at the Jayhawk

Tower, Senate Room.



August 25, 2016

The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission (KSSC)

meeting to order on August 25, 2016 at 1:35 p.m.

Participants:

Members:











Secretary Joe Norwood, Department of Corrections






Guests:


Susanna Honaker, Little Government Relations, LLC

Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association

Tim Madden, Senior Counsel, Department of Corrections

Mark Keating, Kansas Prisoner Review Board

Jeannie Wark, Kansas Prisoner Review Board

Staff:





Charlene Becker, Utilization Review/SB 123 Program Director






2


Vice Chair Fowler requested a motion to approve the proposed agenda as written. Honorable

Patrick McAnany moved to approve the agenda and Representative Janice Pauls seconded the

motion. The motion carried and the agenda was approved.

Approval of Minutes

Vice Chair Fowler referred to the June 23, 2016 Sentencing Commission Meeting minutes.

Honorable Patrick McAnany moved to approve the minutes as written. Stacey Donovan seconded

the motion. The motion carried and the minutes were approved.

FY 2017 Prison Population Projections

Executive Director, Scott Schultz, provided and requested approval of the FY 2017 Prison

Population Projections as recommended by the FY 2017 Prison Population Projection Consensus

Group. Kevin Berens moved to approve the projections as presented. Representative Janice Pauls

seconded the motion. The motion carried and the projections were approved.

Legislative Committee Update

Committee Chair Honorable Lee Fowler provided a legislative update on the August 25, 2016

meeting of the Legislative Committee. Chair Fowler asked commission members to suggest

topics of discussion for the workshop related to legislative proposals.


Committee Chair Chris Mechler provided a SB 123 subcommittee update on the bi-weekly

meetings stating the subcommittee is still drafting a Request for Proposal (RFP) for replacement

of the current Treatment Provider Payment System (TPPS).

NASC Conference Report

Kevin Berens reported that Vice Chair Fowler, Scott Schultz, and he attended the 2016

National Association of Sentencing Commissions Conference (NASC) in Salt Lake City,

Utah on August 7-9. The conference focused on “Examining the Interactions between Policy and

Sentencing.”

Agency Report



Mr. Schultz discussed the new legislative summary for the 2016 Desk Reference Manual and

presented a handout explaining each relevant bill that was relevant to the Commission’s work.

Mr. Schultz stated that the agency has recently implemented a new staff leave rearranged time

policy and a tuition reimbursement program.

3

Employee Awards and Recognition Program

The Selection Committee of Chair Wilson, Vice Chair Fowler and Kevin Berens met on August

4, 2016, to consider nominations and determine quarterly award candidates. On behalf of the

agency, Mr. Schultz presented the awards and recognitions as follows:

Meritorious Service: Brenda Harmon, Special Assistant to the Executive Director;

Length of Service: Brenda Harmon, Special Assistant to the Executive Director;

Meritorious Service: Fengfang Lu, Senior Research Analyst;

Length of Service: Kunlun Chang, Director of Research;

Employee of the Quarter: Kunlun Chang, Director of Research.

Mr. Chang was also recognized by the Governor with other state Employees of the Quarter in a

ceremony at the statehouse on August 22, 2016.

Next Meeting

The Sentencing Commission Workshop will be held at 9:00 a.m. on September 27, 2016 and

September 28, 2016 at the Topeka Downtown Ramada Convention Center, in the Grand

Ballroom.



September 27, 2016

The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission

Workshop, Day 1, to order on September 27, 2016 at 9:04 a.m. in the Grand Ballroom of the

Topeka Downtown Ramada Convention Center, Topeka, Kansas.

Participants:

Members:







Representative John Barker











Guests:


Cody McArthur, Kansas Association of Court Service Officers

Jason Thompson, Senior Assistant Revisor of Statutes

Natalie Scott, Assistant Revisor of Statutes

Dr. Travis Pratt, University of Cincinnati Corrections Institute

Dr. Mario Cano, Kansas State University Sociology Professor

Staff:











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Welcome New KSSC Member

Vice Chair Fowler introduced and welcomed new Sentencing Commission member,

Representative John Barker, who has replaced Representative John Rubin.

Approval of Minutes

Vice Chair Fowler referred to the August 25, 2016 Sentencing Commission meeting minutes.

Chris Mechler moved to approve the minutes as written. Senator Haley seconded the motion. The

motion carried and the minutes were approved.

Presentation on Strategies for Supervising and Treating Offenders

Travis C. Pratt, PhD, University of Cincinnati, provided an overview on the presentation, Beyond

Getting Tough: Evidence-Based Strategies for Supervising and Treating Offenders in the

Community.

2017 Legislation Proposals – Brainstorming Session

KSSC members were provided a handout, Proposals for 2016 KSSC Workshop.

Members reviewed and discussed 2017 legislation proposals presented by the Legislative

Committee.

Proposal #1 – Controlled Substance Study

Vice Chair Fowler proposed a global study of drug policy within the state. This would

include considering misdemeanor offenses for certain quantities of controlled substances (e.g.,

under an ounce for marijuana).

Proposal #2 – Pre-trial SB 123 Program

Vice Chair Fowler proposed to allow diversions for the 2003 SB 123 program which

would incentivize offenders and lower costs to law enforcement, prosecutors and the courts.

Proposal #3 – Repeal Special Rule 26 for Third Time Possession of Controlled Substances

Vice Chair Fowler recommended the repeal of Special Rule 26 (K.S.A. 21-6805(f)(1)) to

be introduced next session. The proposal mirrors 2016 HB 2458 which had a hearing on January

20, 2016 in House Corrections and Juvenile Justice Committee (HCJJ) but did not move out of

committee.

Proposal #4 – Allow SB 123 Treatment to be Used for Severity Level 4 Drug Crimes

Vice Chair Fowler suggested allowing 2003 SB 123 Substance Abuse Treatment program

be used for severity level 4 drug crimes. The proposal mirrors 2016 HB 2461 which had a

hearing on January 20, 2016 in HCJJ but did not move out of committee.

Proposal #5 – Amending the Criminal Penalties for Unlawful Tampering with Electronic

Equipment

Executive Director, Scott Schultz, reviewed the language of 2016 HB 2459, which

received a hearing in HCJJ. It was amended to have only two penalty provisions rather than the

tiered approach recommended by the Commission. The language provides that if an offender is

on felony supervision and commits this crime, the violation would be a severity level 8,

nonperson felony. If on misdemeanor supervision or court-ordered supervision in any civil case

the violation would be a class A nonperson misdemeanor. The bill passed out of HCJJ last year in

this form as amended but no floor debate occurred before the full House.

3

Proposal #6 – Allow Certain Juvenile Adjudications to Decay from Adult Criminal History

Mr. Schultz reviewed the history of 2016 HB 2463 which received a hearing on

January 21, 2016 in HCJJ. It was worked on January 26th and passed out favorably. The

Commission’s specific language was later stripped out of the bill by the Senate Corrections

and Juvenile Justice.

Proposal #7 – KSSC Interagency Cooperation

Mr. Schultz discussed the importance of working with the Kansas Department for Aging

and Disability (KDADS). Mr. Schultz explained having access to KDADS databases, specifically

the Kansas Client Placement Criteria (KCPC), would enhance the SB 123 program.

Proposal #8 – Resolving Postrelease Supervision When Considering K.S.A. 22-3717(d)(1)(D)

and (G)

Jessica Domme discussed a potential conflict between the two subsections that relate

to the length of supervision for sex-related convictions.

Proposal #9 – Sentencing of Juveniles Certified as Adults

Tim Madden recommended drafting a postrelease supervision policy that is

constitutional in accordance with State v. Dull.

Proposal #11 – Increase Loss Thresholds

Stacey Donovan discussed increasing felony thresholds to $1,500 for the crimes of

criminal damage to property, giving a worthless check, impairing a security interest, criminal

use of an explosive, counterfeiting, criminal use of a financial card and theft of property lost,

mislaid or delivered by mistake.

Adjournment



September 28, 2016

The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission

Workshop, Day 2, to order on September 28, 2016 at 9:05 a.m. in the Grand Ballroom of the

Topeka Downtown Ramada Convention Center, Topeka, Kansas.

Participants:

Members:


















Guests:


Cody McArthur, Kansas Association of Court Service Officers




Jennifer Roth, State Board of Indigents’ Defense Services

Chris Esquibel, Kansas Association of Court Services Officers

Staff:











5

2017 Legislation Proposals – Brainstorming Session

Proposal #10 – Offender Registration Act

In presenting the final proposal, Stacey Donovan discussed two amendments to the act.

Action Taken on 2017 KSSC Proposed Legislation

KSSC members were referred to handout, Proposals for 2016 KSSC Workshop, which was being

used as a tool while considering KSSC 2017 proposed legislation. The following action was taken

as to the proposals:

Proposal #1 – Controlled Substances Study

Vice Chair Fowler asked for a motion to consider exploring possible grants for

the controlled substances study. Chris Mechler moved to approve the motion.

Representative Tom Sawyer seconded the motion and the motion carried.

Proposal #2 – Pre-trial SB 123 Program Representative John Barker moved to approve Proposal #2. Representative Tom

Sawyer seconded the motion and the motion carried. Chris Mechler, Kevin Berens and

Jessica Domme opposed the motion.

Proposal #3 – Repeal Special Rule 26 for Third Time Possession of Controlled Substances

Senator David Haley moved to approve Proposal #3. Stacey Donovan seconded

the motion and the motion carried. Kevin Berens and Jessica Domme opposed the

motion.

Proposal #4 – Allow SB 123 Treatment to be Used for Severity Level 4 Drug Crimes

Judge McAnany moved to approve Proposal #4. Vice Chair Fowler seconded the

motion and the motion carried.

Proposal #5 – Amending the Criminal Penalties for Unlawful Tampering with Electronic

Equipment

Senator David Haley moved to approve Proposal #5. Stacey Donovan seconded

the motion and the motion carried. Jessica Domme opposed the motion.

Proposal #6 – Allow Certain Juvenile Adjudications to Decay from Adult Criminal History Representative Janice Pauls moved to approve Proposal #6. Representative John

Barker seconded the motion and the motion carried. Kevin Berens and Jessica Domme

opposed the motion.

Proposal #7 – KSSC Interagency Cooperation

Judge McAnany moved to approve Proposal #7. Chris Mechler seconded the


Proposal #8 – Resolving Postrelease Supervision When Considering K.S.A. 22-3717(d)(1)(D)

and (G)

Jessica Domme moved to approve Proposal #8 with new language to be

discussed at the October commission meeting. Kevin Berens seconded the motion and the

motion carried.

6

Proposal #9 – Sentencing of Juveniles Certified as Adults

Jessica Domme moved to approve Proposal #9 with new language to be

discussed at the October commission meeting. Judge McAnany seconded the motion and

the motion carried.

Proposal #10 – Offender Registration Act

Stacey Donovan moved to remove cultivation and distribution of controlled

substances in K.S.A. 21-5705(a)(1) from the definition of “drug offender” in the

Offender Registration Act. Chris Mechler seconded the motion and the motion carried.

Kevin Berens and Jessica Domme opposed the motion.

Stacey Donovan moved to amend the act to always charge a misdemeanor for the

failure to pay the $20 registration fee, rather than a felony. Representative Tom Sawyer

seconded the motion and the motion carried.

Proposal #11 – Increase Loss Thresholds Stacey Donovan moved to approve Proposal #11. Kevin Berens seconded the


Adjournment

Senator Haley moved to adjourn. Representative Barker seconded the motion and the motion

carried.

The next Sentencing Commission meeting will be at 1:30 p.m. on October 20, 2016 at the

Jayhawk Tower, Senate Room.

Meeting adjourned 11:09 a.m.


October 20, 2016


meeting to order on October 20, 2016 at 2:01 p.m.

Participants:

Members:












Tim Madden, Secretary of Corrections Designee






Guests:




Stuart Little, Ph.D., Little Government Relations, LLC

Robert Mealy, Kearney & Associates, LLC

Mark Keating, Kansas Prisoner Review Board

Staff:











2


Chair Wilson asked for a motion to approve the proposed agenda as written. Vice Chair Fowler

moved to approve the agenda and Kevin Berens seconded the motion. The motion carried and the

agenda was approved.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Workshop minutes of September 27-28,

2016. Vice Chair Fowler moved to approve the minutes as written. Senator Haley seconded the

motion. The motion carried and the minutes were approved.

Consideration of 2017 Legislative Proposals

KSSC members were provided handouts of 2017 KSSC Legislative Proposals in draft form.

Chair Wilson and Scott Schultz explained the proposed legislation as referenced below:

Controlled Substance Study

KSSC members reviewed and discussed the proposal. Chair Wilson proposed to have Scott send

an e-mail to the Commission in regards to developing a KSSC committee to explore options for

offenders with substance abuse and mental illness.

16rs4428 – Pre-trial SB 123 Program

Chair Wilson moved to omit “until the court determines the person is suitable for

discharge by the court” from (b)(2) of K.S.A. 21-6824 in the proposed legislation. Vice

Chair Fowler seconded the motion and the motion carried. Jessica Domme, Kevin

Berens, and Chris Mechler opposed the motion.

16rs4431 – Allow SB 123 Treatment to be used for Severity Level 4 Drug Crimes

Vice Chair Fowler moved to approve the proposal for legislation. Chair Wilson seconded


16rs4429 – Repeal Special Rule 26 for Third Time Possession of Controlled Substance

Jessica Domme moved to approve the proposal for legislation. Jonathan Ogletree


16rs4432 – Amending the Criminal Penalties for Unlawful Tampering with Electronic

Equipment

Chris Mechler moved to approve the proposal for legislation. Chair Wilson seconded the

motion and the motion carried. Jessica Domme and Kevin Berens opposed the motion.

16rs4433 – Allow Certain Juvenile Adjudications to Decay from Adult Criminal History

Chair Wilson moved to approve the proposal for legislation. Tim Madden seconded the

motion and the motion carried. Jessica Domme and Kevin Berens opposed the motion.

16rs4430 – KSSC Interagency Cooperation

Kevin Berens moved to approve the proposal for legislation. Jessica Domme seconded


3

16rs4425 – Resolving Postrelease Supervision When Considering K.S.A. 22-3717(d)(1)(D) and

(G)

Jessica Domme moved to change the effective date language in section three from

publication in the statute book to the Kansas register. Kevin Berens seconded the motion

and the motion carried. Kevin Berens moved to approve the amended proposal for

legislation. Jessica Domme seconded the motion and the motion carried.

16rs4427 – Sentencing of Juveniles Certified as Adults

Jessica Domme moved to combine the proposal with 16rs4425 and amend the effective

date language from “July 1, 2006” to the “effective date of this act”. Kevin Berens

seconded the motion and the motion carried. Senator Haley opposed the motion.

16rs4424 – Offender Registration Act

Vice Chair Fowler moved to approve the proposal for legislation. Chair Wilson seconded

the motion and the motion carried. Jessica Domme and Kevin Berens opposed the

motion.

The draft legislative proposal to Increase Felony Loss Thresholds will be presented at the next

commission meeting.

Chair Wilson moved to add all proposals above to the draft letter to the Governor. Vice Chair

Fowler seconded the motion and the motion carried. The letter will be available to members for

review and approval at the November meeting.


Chris Mechler, SB 123 Committee Chair provided a SB 123 Committee update on the bi-weekly

meetings stating the Committee is still in the process of drafting a Request for Proposal (RFP) for

replacement of the current Treatment Provider Payment System (TPPS).

Agency Report

Executive Director, Scott Schultz provided a summary of the agency’s activities since the last

meeting and reviewed KDOC prison population reports. Mr. Schultz informed the Commission of

the recent resignation of Charlene Becker, SB 123 Director. Mrs. Becker’s last day at the agency

will be October 27, 2016.

Mr. Schultz also advised that Amy Hanley, a former member, has recently received an

appointment by Governor Brownback to the bench as the newest district court judge in Douglas

County.

Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on November 17, 2016 at the



Minutes of the Kansas Sentencing Commission Teleconference Meeting

November 17, 2016


teleconference meeting to order on November 17, 2016 at 1:34 p.m.

Participants:

Members:









Jonathan Ogletree, Kansas Prisoner Review Board Designee









Guests:

None

Staff:










2


Chair Wilson asked for a motion to approve the proposed agenda as written. Chair Wilson moved

to approve the agenda and Judge McAnany seconded the motion. The motion carried and the

agenda was approved.

Approval of Minutes

Chair Wilson referred to the Sentencing Commission Meeting minutes of October 20, 2016.

Chris Mechler moved to approve the amended minutes to add the effective date language from

“July 1, 2006” to “the effective date of this act” on proposal 16rs4427. Terry Malone seconded

the motion and the amended minutes were approved.

Review and Approval of 2017 KSSC Meeting Dates

Stacey Donovan moved to approve the proposed meeting dates for 2017. Vice Chair Fowler


Approval of 2017 Legislative Proposal to Increase Felony Loss Thresholds

Representative John Barker moved to approve the proposal for both legislation and the letter to

the Governor. Stacey Donovan seconded the motion and the motion carried.

Approval of Letter to the Governor

Chair Wilson provided a proposed letter to Governor Brownback pursuant to K.S.A. 74-9101,

which provides that the Kansas Sentencing Commission analyze policy options that would reduce

prison beds.

Vice Chair Fowler moved to approve the proposed letter to the Governor. Jessica Domme

seconded the motion and the letter to the Governor was approved.

Agency Report

Executive Director, Scott Schultz provided a summary of the agency’s activities since the last


Next Meeting

The next Sentencing Commission meeting will be at 1:30 p.m. on December 15, 2016 at the



Documents

Senator David B. Haley Senator Carolyn McGinn Steve Karrer