(b) The commission shall re-codify the Kansas criminal code by:
(1) Reviewing the American law institute model penal code, the criminal codes of other states, and other criminal law study resources, and making recommendations concerning proposed modifications, amendments and additions to the code.
(2) Analyzing and reviewing all criminal statutes and making recommendations for legislation that would ensure that the sentences are appropriate and proportionate to other sentences imposed for criminal offenses, with particular emphasis on the sentencing guidelines grid for drug crimes.
(3) Reviewing and determining the severity of the Kansas sentencing policies in relation to other states and review possible adjustments which may relieve or eliminate prison capacity issues in Kansas.
(4) Studying and making recommendations concerning the statutory definitions of crimes and criminal penalties and evaluate whether certain criminal conduct may be combined into one criminal statute, thus alleviating any potential problems of having two statutes prohibiting the same criminal conduct.
(5) Studying and making revisions to clarify the code to facilitate just and expedient resolution of criminal prosecutions and resolve or prevent statutory conflicts.
(c) The commission shall be made up of the following members:
(1) One legislator who is a member of the senate judiciary committee shall be appointed by the president of the senate;
(2) one legislator who is a member of the senate judiciary committee shall be appointed by the minority leader of the senate;
(3) one legislator who is a member of the house of representatives judiciary committee shall be appointed by the speaker of the house of representatives;
(4) one legislator who is a member of the house of representatives judiciary committee shall be appointed by the minority leader of the house of representatives;
(5) one member of the judicial branch appointed by the chief justice of the supreme court;
(6) one member of the law enforcement community appointed by the attorney general;
(7) one defense attorney or public defender appointed by the governor;
(8) one county attorney or district attorney appointed by the Kansas county and district attorney association;
(9) a professor of law from the university of Kansas school of law and a professor from Washburn university school of law appointed by the deans of such schools;
(10) two members of the Kansas judicial council criminal law advisory committee appointed by the criminal law advisory committee;
(11) one district court judge appointed by the Kansas district judges association;
(12) a member of the Kansas sentencing commission appointed by the Kansas sentencing commission;
(13) the attorney general or the attorney general's designee; and
(14) the secretary of corrections or the secretary's designee.
(d) The members of the commission shall elect officers from among its members necessary to discharge its duties.
(e) Each member of the commission shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto, except that the public members of the commission shall receive compensation in the amount provided for legislators pursuant to K.S.A. 75-3212, and amendments thereto, for each day or part thereof actually spent on commission activities. No per diem compensation shall be paid under this subsection to salaried state, county or city officers or employees, except that the legislative members shall receive compensation as provided in K.S.A. 75-3212, and amendments thereto.
(f) The commission shall have the authority to:
(1) Organize and appoint such task forces or subcommittees as may be deemed necessary to discharge such commission's duties;
(2) accept grants, gifts and other appropriation of funds;
(3) hire and employ staff persons; and
(4) contract for the services of persons, organizations and agencies necessary for the discharge of the commission's duties.
(g) The commission shall work with the department of corrections and the Kansas sentencing commission and review studies and findings of the Kansas sentencing commission concerning proportionality of sentencing.
(h) The commission shall prepare and submit an interim report to the legislature on or before February 1, 2008 and February 1, 2009. A final report and recommendations shall be submitted to the legislature on or before January 11, 2010.
(i) The staff of the office of the revisor of statutes and legislative research department shall provide such assistance as may be requested by the commission and to the extent authorized by the legislative coordinating council.
(j) The provisions of this section shall expire on July 1, 2010.
History: L. 2007, ch. 197, § 8; May 24.