Chapter 21: Crimes And Punishments

PART III.--CLASSIFICATION OF CRIMES AND SENTENCING

Article 46: Sentencing

Statute 21-4610: Conditions of probation or suspended sentence. (a) Except as required by this subsection and subsection (d), nothing in this section shall be construed to limit the authority of the court to impose or modify any general or specific conditions of probation, suspension of sentence or assignment to a community correctional services program, except that the court shall condition any order granting probation, suspension of sentence or assignment to a community correctional services program on the defendant's obedience of the laws of the United States, the state of Kansas and any other jurisdiction to the laws of which the defendant may be subject. The provisions of K.S.A. 75-5291, and amendments thereto, shall be applicable to any assignment to a community correctional services program pursuant to this section.

      (b)   The court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation, suspension of sentence or assignment to a community correctional services program. For crimes committed on or after July 1, 1993, in presumptive nonprison cases, the court services officer or community correctional services officer may recommend, and the court may order, the imposition of any conditions of probation or assignment to a community correctional services program. The court may at any time order the modification of such conditions, after notice to the court services officer or community correctional services officer and an opportunity for such officer to be heard thereon. The court shall cause a copy of any such order to be delivered to the court services officer and the probationer or to the community correctional services officer and the community corrections participant, as the case may be. The provisions of K.S.A. 75-5291, and amendments thereto, shall be applicable to any assignment to a community correctional services program pursuant to this section.

      (c)   The court may impose any conditions of probation, suspension of sentence or assignment to a community correctional services program that the court deems proper, including but not limited to requiring that the defendant:

      (1)   Avoid such injurious or vicious habits, as directed by the court, court services officer or community correctional services officer;

      (2)   avoid such persons or places of disreputable or harmful character, as directed by the court, court services officer or community correctional services officer;

      (3)   report to the court services officer or community correctional services officer as directed;

      (4)   permit the court services officer or community correctional services officer to visit the defendant at home or elsewhere;

      (5)   work faithfully at suitable employment insofar as possible;

      (6)   remain within the state unless the court grants permission to leave;

      (7)   pay a fine or costs, applicable to the offense, in one or several sums and in the manner as directed by the court;

      (8)   support the defendant's dependents;

      (9)   reside in a residential facility located in the community and participate in educational, counseling, work and other correctional or rehabilitative programs;

      (10)   perform community or public service work for local governmental agencies, private corporations organized not for profit, or charitable or social service organizations performing services for the community;

      (11)   perform services under a system of day fines whereby the defendant is required to satisfy fines, costs or reparation or restitution obligations by performing services for a period of days determined by the court on the basis of ability to pay, standard of living, support obligations and other factors;

      (12)   participate in a house arrest program pursuant to K.S.A. 21-4603b, and amendments thereto;

      (13)   order the defendant to pay the administrative fee authorized by K.S.A. 22-4529 and amendments thereto, unless waived by the court; or

      (14)   in felony cases, except for violations of K.S.A. 8-1567 and amendments thereto, be confined in a county jail not to exceed 60 days, which need not be served consecutively.

      (d)   In addition to any other conditions of probation, suspension of sentence or assignment to a community correctional services program, the court shall order the defendant to comply with each of the following conditions:

      (1)   Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court, unless the court finds compelling circumstances which would render a plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor;

      (2)   pay the probation or community correctional services fee pursuant to K.S.A. 21-4610a, and amendments thereto; and

      (3)   reimburse the state general fund for all or a part of the expenditures by the state board of indigents' defense services to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment. The amount of attorney fees to be included in the court order for reimbursement shall be the amount claimed by appointed counsel on the payment voucher for indigents' defense services or the amount prescribed by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less.

      History:   L. 1969, ch. 180, § 21-4610; L. 1972, ch. 317, § 100; L. 1976, ch. 169, § 1; L. 1978, ch. 120, § 9; L. 1981, ch. 147, § 1; L. 1983, ch. 112, § 1; L. 1984, ch. 126, § 2; L. 1986, ch. 128, § 2; L. 1986, ch. 123, § 10; L. 1986, ch. 136; § 2; L. 1988, ch. 115, § 9; L. 1991, ch. 88, § 3; L. 1992, ch. 239, § 244; L. 1993, ch. 259, § 14; L. 1995, ch. 257, § 2; L. 1997, ch. 181, § 19; L. 2000, ch. 182, § 5; May 25.