SB 459 — Removing the prisoner review board from the supervision of the secretary of corrections, changing the appointing authority and creating qualifications for the members of the board and requiring parole hearings to be postponed if proper notice of the public comment session is not made to the victim.

459—page 7 employee's employment as a result of the failure to notify pursuant to this section.

The board may impose any condition they deem necessary to insure public safety, aid in the reintegration of the inmate into the community, or items SBnot 459—Am.completed under the agreement entered into under K.S.A.

by HC 10 not completed under the agreement entered into under K.S.A.

75-75-5210a, 5210a, and amendments thereto, the board shall notify the inmate in writing of the reasons for not granting parole.

However, if the board determines that other pertinent information regarding the inmate warrants the inmate's not being released on parole, the board shall state in writing the reasons for not grantingSENATE theBILL parole.No.

459—page 8 granting the parole.

In such case, the board may defer SBsubsequent 459—Am.parole hearings for up to 10 years, but any such deferral shall require the board to state the basis for its findings.

by HC 11 subsequent parole hearings for up to 10 years, but any such deferral shall require the board to state the basis for its findings.

(1) Obey all laws and ordinances and report any law enforcement SBSENATE 459—Am.BILL No.

by459—page HC9 12 contact to the inmate's supervision officer within 24 hours after such contact;

22-4529,22- 4529, and amendments thereto, unless the board finds compelling circumstances that would render payment unworkable;

and (14) unless the board finds compelling circumstances that would render a plan of payment unworkable, reimburse the state for all or part of the expenditures by the state board of indigents' defense services to SBprovide 459—Am.counsel and other defense services to the person.

by HC 13 provide counsel and other defense services to the person.

The written report shall include the facts leading to such search, the scope of such search and any findings resulting from suchSENATE search.BILL No.

459—page 10 such search.

SB(u) For 459—Am.offenders sentenced prior to July 1, 2014, who are eligible for modification of their postrelease supervision obligation, the department of corrections shall modify the period of postrelease supervision as provided for by this section:

by HC 14 (u) For offenders sentenced prior to July 1, 2014, who are eligible for modification of their postrelease supervision obligation, the department of corrections shall modify the period of postrelease supervision as provided for by this section:

21-6627, and amendments thereto, for crimes committed on or after July 1, 2006, shall be placed on parole forSENATE lifeBILL andNo. shall not be discharged from supervision by the prisoner review board.

459—page 11 for life and shall not be discharged from supervision by the prisoner review board.

22-4902, and amendments thereto, whenever the prisoner review board orders the parole of such inmate or SBestablishes 459—Am.conditions for such inmate placed on postrelease supervision, such inmate shall agree in writing to not possess pornographic materials.

by HC 15 establishes conditions for such inmate placed on postrelease supervision, such inmate shall agree in writing to not possess pornographic materials.

An application for release shallSENATE notBILL beNo. approved unless the board determines that the SB 459—Am.

by459—page HC12 16shall not be approved unless the board determines that the person is functionally incapacitated and does not represent a future risk to public safety.

(c) Nothing in this section shall apply to the release of people with SBterminal 459—Am.medical conditions as described in K.S.A.

by HC 17 terminal medical conditions as described in K.S.A.

Such rules and regulationsSENATE shallBILL includeNo. criteria and guidelines for determining whether the terminal medical condition precludes the person from posing a threat to the public.

459—page 13 regulations shall include criteria and guidelines for determining whether the terminal medical condition precludes the person from posing a threat to the public.

75-5217(f), and amendments thereto, the person shall receive credit for the time SBduring 459—Am.which the person is on terminal medical condition release supervision towards service of the prison and postrelease supervision obligations of determinate sentences or indeterminate sentences.

by HC 18 during which the person is on terminal medical condition release supervision towards service of the prison and postrelease supervision obligations of determinate sentences or indeterminate sentences.

Sec.SENATE BILL No.

459—page 14 Sec.

The election to not become a member SBof 459—Am.the system must be filed within 90 days of assuming the position of state officer.

by HC 19 of the system must be filed within 90 days of assuming the position of state officer.

74-4927k, and amendments thereto, "state officer" means the secretary of administration, secretary for aging and disability services, secretary of commerce, secretary of corrections, secretary of health and environment, secretary of labor, secretary of revenue, secretary for children and families, secretary of transportation, secretary of wildlife and parks, superintendent of the Kansas highway patrol, secretary of agriculture, executive director of the Kansas lottery, executive director of the Kansas racing commission, president of the Kansas development finance authority, state fire marshal, state librarian, securities commissioner, adjutant general, members and chief hearing officer of the state board of tax appeals, members of the prisoner review board, members of the state corporation commission, any unclassified employee on the staff of officers of both houses of the legislature, any unclassified employee appointed to the governor's or lieutenant governor's staff, any person employed by the legislative branch of the state of Kansas, other than any such person receiving service credited under the Kansas public employees retirement system or any other SBretirement 459—Am.system of the state of Kansas therefor, who elected to be covered by the provisions of this section as provided in K.S.A.

by46-1302(e), HCand 20amendments retirementthereto, systemor who is first employed on or after July 1, 1996, by the legislative branch of the state of Kansas therefor,and whoany electedmember toof bethe coveredlegislature bywho thehas provisionsretired ofpursuant thisto sectionthe asKansas providedpublic inemployees K.S.A.retirement system.

46- 1302(e), and amendments thereto, or who is first employed on or after July 1, 1996, by the legislative branch of the state of Kansas and any member of the legislature who has retired pursuant to the Kansas public employees retirement system.

(a) Subject to the provisions of subsection (g), all meetings for the conduct of the affairs of, and the transaction of businessSENATE by,BILL allNo. legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or agencies shall be by secret ballot.

459—page 15 business by, all legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or agencies shall be by secret ballot.

(c) It shall be the duty of the presiding officer or other person calling the meeting, if the meeting is not called by the presiding officer, SBto 459—Am.furnish the notice required by subsection (b).

by HC 21 to furnish the notice required by subsection (b).

(h) When a subcommittee or other subordinate group is created by a public body or agency, whenever a majority of such subcommittee or otherSENATE subordinateBILL groupNo. meets, such subcommittee or other subordinate group shall be subject to the requirements of this act.

459—page 16 other subordinate group meets, such subcommittee or other subordinate group shall be subject to the requirements of this act.

An unintentional technological failure or an action taken by the provider of the selected SBmedium 459—Am.that disrupts or prevents such live stream shall not constitute a violation of this subsection.

by HC 22 medium that disrupts or prevents such live stream shall not constitute a violation of this subsection.

The board may determine whether such hearing requires the released SBinmate 459—Am.to appear personally before the board when such inmate's violation results from a conviction for a new felony or misdemeanor.

byAn HCoffender 23under inmatedeterminant tosentencing appearwhose personallyviolation beforedoes thenot boardresult when such inmate's violation results from a conviction forof a new felony or misdemeanor.misdemeanor may waive the right to a final revocation hearing before SENATE BILL No.

An459—page offender17 under determinant sentencing whose violation does not result from a conviction of a new felony or misdemeanor may waive the right to a final revocation hearing before the board under such conditions and terms as may be prescribed by rules and regulations promulgated by the secretary of corrections board.

(f) (1) If the secretary of corrections issues a warrant for the SBarrest 459—Am.of a released inmate for violation of any of the conditions of release and the released inmate is subsequently arrested in the state of Kansas, either pursuant to the warrant issued by the secretary of corrections or for any other reason, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the secretary's warrant to the date of the released inmate's arrest, except as provided by subsection (i).

by HC 24 arrest of a released inmate for violation of any of the conditions of release and the released inmate is subsequently arrested in the state of Kansas, either pursuant to the warrant issued by the secretary of corrections or for any other reason, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the secretary's warrant to the date of the released inmate's arrest, except as provided by subsection (i).

If the released inmate for whom a warrant has been issued by the secretary of corrections for violation of the conditions of release is subsequently arrested in another state for reasons other than the secretary's warrant and the released inmate does not have authorization to be in the other state or if authorized to be in the other state has been charged by the secretary with having absconded fromSENATE supervision,BILL theNo. released inmate's sentence shall not be credited with the period of time from the date of the issuance of the warrant by the secretary to the date the released inmate is first available to be returned to the state of Kansas, except as provided by subsection (i).

459—page 18 from supervision, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the warrant by the secretary to the date the released inmate is first available to be returned to the state of Kansas, except as provided by subsection (i).

(g) Law enforcement officers shall execute warrants issued by the SBsecretary 459—Am.of corrections, and shall deliver the inmate named in the warrant to the jail used by the county where the inmate is arrested unless some other place is designated by the secretary, in the same manner as for the execution of any arrest warrant.

by HC 25 secretary of corrections, and shall deliver the inmate named in the warrant to the jail used by the county where the inmate is arrested unless some other place is designated by the secretary, in the same manner as for the execution of any arrest warrant.

2.

(a) (1)(1)There There is hereby established, within the Kansas department of corrections, the prisoner review board.

(C) one member appointed by the governor, subject to confirmationSENATE byBILL theNo. senate as provided in K.S.A.

459—page 19 confirmation by the senate as provided in K.S.A.

and (D)(E) one(E) one member appointed by the presidentattorney ofgeneral, subject to confirmation by the senate;senate as provided in K.S.A.

and (E) one member appointed by the speaker of the house of representatives attorney general, subject to confirmation by the senate as SB 459—Am.

by HC 26 provided in K.S.A.

(2) Except as provided by in subsection (b) and K.S.A.

Not more than three {two} of the five members shall be members of the same political party {from the same congressional district}.

The member appointed pursuant to paragraph (1)(1)(E) (E) shall serve for a term of one year and the member appointed pursuant to paragraph (1)(D) shall serve for a term of four years.

(c) All members of the board shall have a minimum of five years of experience in a relevant field with knowledge of the rights of victims of crimes and associated issues, the functioning of the criminal justice system and necessary components for successful reintegration and recidivism reduction.

SBSec. 459—Am.

by HC 27 Sec.

77-436, andSENATE amendmentsBILL thereto.No.

459—page 20 and amendments thereto.

(2) Prior to adopting any rule and regulation that establishes seasons and fixes bag, creel, possession, size or length limits for the taking or possession of wildlife and after such rule and regulation has been approved by the secretary of administration and the attorney SBgeneral, 459—Am.the secretary of wildlife and parks shall give at least 30 days' notice of its intended action in the Kansas register and to the secretary of state and to the joint committee on administrative rules and regulations created pursuant to K.S.A.

by HC 28 general, the secretary of wildlife and parks shall give at least 30 days' notice of its intended action in the Kansas register and to the secretary of state and to the joint committee on administrative rules and regulations created pursuant to K.S.A.

All other provisions of subsection (a)(1) shall apply to such rules and regulations,SENATE exceptBILL thatNo. the statement required by subsection (a)(1)(F) shall state that the period of notice constitutes a public comment period on such rules and regulations.

459—page 21 regulations, except that the statement required by subsection (a)(1)(F) shall state that the period of notice constitutes a public comment period on such rules and regulations.

and (B) the reasons for any substantial change between the text of the proposed adopted or amended rule and regulation contained in the published notice of the proposed adoption or amendment of the rule SBand 459—Am.regulation and the text of the rule and regulation as finally adopted.

by HC 29 and regulation and the text of the rule and regulation as finally adopted.

SBSec. 459—Am.

by HC 30 Sec.

3.

Sec.SENATE BILL No.

459—page 22 Sec.

4.15. This act shall take effect and be in force from and after its publication in the Kansas register.

15. ThisI acthereby shallcertify takethat effectthe andabove beILLoriginated in forcethe fromSENATE, and afterpassed itsthat publicationbody __________________________ SENATE concurred in theH statuteOUSE bookamendments Kansas_______________________ register._________________________ President of the Senate.

_________________________ Secretary of the Senate.

Passed the H OUSE as amended _________________________ _________________________ Speaker of the House.

_________________________ Chief Clerk of the House.

A PPROVED _____________________________ _________________________ Governor.