Minutes of the Kansas Sentencing Commission Meeting
January 18, 2013 The Honorable Richard M. Smith, Chairman called the Kansas Sentencing Commission meeting to order on January 18, 2013 at 1:47 p.m. in the Senate Room of Jayhawk Tower. Participants:
Members:
Honorable Richard M. Smith, Chair Honorable Evelyn Z. Wilson, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Janice L. 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 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 Quentin L. Martin, Public Member Reverend Junius B. Dotson, Public Member
Guests: Susan Honaker, Little Government Relations, LLC Ed Klumpp, Representative for Association of Chief of Police and KS Sheriff Tim Madden, Department of Corrections Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst
Trish Beck, Program Assistant Jennifer Dalton, Accountant
KSC Proposed Legislation - Sentencing Policy Subcommittee Objectives The Subcommittee presented the following Kansas Sentencing Commission legislative priorities:
Objective 1. Enhance Probation Supervision - Authorize probation officers to employ swift and certain responses to technical violations and also focus probation resources on those offenders most likely to commit crime.
Judge McAnany moved to approve and endorse Legislation Objective 1and Judge Wilson seconded the motion. The motion carried and Objective 1 will be endorsed by KSC. Objective 2. Adopt Statewide LSI-R Assessment Guidelines - Legislation to authorize the
Kansas Sentencing Commission to make cutoff decisions based upon risk and promulgate requirements for services based upon risk levels. KSC will periodically review data and make recommended changes.
Chris Mechler moved to approved and endorse Legislation Objective 2, including applicable
statutes and Judge Wilson seconded the motion. The motion carried and Objective 2 will be endorsed by KSC.
Objective 3. Better Management of Postrelease Supervision - Utilize evidence-based
practices in a postrelease supervision setting to allow for early release while not jeopardizing public safety and expand the powers of the Prisoner Review Board from misdemeanor to felony violations of postrelease supervision.
Secretary Roberts moved to approve and endorse Legislation Objective 3 and Representative Pauls seconded the motion. The motion carried and Objective 3 will be endorsed by KSC. Objective 4. Realize System Efficiencies Through Disposition of Detainers When in
KDOC - Utilize state resources more effectively in the disposition of criminal cases when an offender is incarcerated with KDOC and has pending cases(s) throughout the state.
Chris Mechler moved to approve and endorse Legislation Objective 4 and Amy Hanley
seconded the motion. The motion carried and Objective 4 will be endorsed by KSC. Objective 5. Enable Judicial Discretion with Special Rules 9 and 10 – Probation
Revocations: Allow Courts more latitude to modify an offender’s sentence if the offense is committed while on felony supervised status and felony bond.
Judge McAnany moved to approve and endorse Legislation Objective 5 and Judge Wilson seconded the motion. The motion carried and Objective 5 will be endorsed by KSC. Objective 5 was opposed by Amy Hanley, Kevin Berens and Quintin Martin.
Chris Mechler moved that all five objectives be drafted in one bill. Secretary Roberts seconded the motion and the motion carried. Chairman Smith appointed a committee to work out the details in drafting the specific legislative language. On behalf of the Commission: Secretary Ray Roberts, Jennifer Roth, Amy Hanley, Kevin Berens, Representative Jan Pauls and Chairman Richard Smith will convene by teleconferences with the Executive Director to draft legislation and the required letter to the
Governor and the Joint Committee on Corrections and Juvenile Justice. A meeting is scheduled for Wednesday, January 30 to be held via teleconference. Judge McAnany moved to adopt the procedure. Judge Wilson seconded the motion and the motion carried. Approval of the Minutes Chairman Smith referred to the minutes of the December 13, 2012, Kansas Sentencing Commission meeting. Judge McAnany moved to approve the minutes and Amy Hanley seconded the motion. The motion carried and the minutes were approved. Approval of Revised PSI Executive Director Scott Schultz provided a revised Presentence Investigation Report (PSI) and proposed the addition to the SB 123 Drug Treatment “Not Eligible” factors by adding check boxes for “Low Risk SASSI score” and “High Risk SASSI but Low or Low/Moderate Risk LSI-R score”. Kevin Berens moved to approve the PSI revision. Chris Mechler seconded the motion and the motion carried. Executive Session Amy Hanley moved to enter into Executive Session for 17 minutes to discuss KSC personnel issues. Judge Wilson seconded the motion and the motion carried. Approval of 2013 KSC Meeting Dates Judge Wilson moved to approve the 2013 Kansas Sentencing Commission meeting dates schedule as written. Judge McAnany seconded the motion and the scheduled meeting dates were approved. Agency Report Executive Director Scott Schultz provided a brief agency report. Next Meeting
The next Kansas Sentencing Commission meeting is scheduled for 1:30 p.m. on February 15, 2013 in the Senate Room of the Jayhawk Tower, Topeka, Kansas. The meeting was adjourned at 3:40 p.m.
Minutes of the Kansas Sentencing Commission Meeting February 15, 2013
Meeting Cancelled
Minutes of the Kansas Sentencing Commission Meeting March 15, 2013
Meeting Cancelled
Minutes of the Kansas Sentencing Commission Meeting
April 19, 2013
The Honorable Richard M. Smith, Chairman called the Kansas Sentencing Commission meeting
to order on April 19, 2013 at 1:33 p.m. in the Senate Room of Jayhawk Tower.
Participants:
Members:
Honorable Richard M. Smith, Chair
Honorable Evelyn Z. Wilson, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Janice L. Pauls
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
Jennifer C. Roth, 3rd Judicial District Assistant Public Defender
Quentin L. Martin, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Brian Baker, Program Director, Value Options Ed Klumpp, Representative for Association of Chief of Police and KS Sheriff
Tim Madden, Department of Corrections
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Trish Beck, Program Assistant
Jennifer Dalton, Accountant
Carrie Krusor, Research Data Entry III
2
Approval of Minutes
Chairman Smith referred to the minutes of the January 18, 2013, Kansas Sentencing Commission
meeting. Amy Hanley moved to approve the minutes and Secretary Roberts seconded the
motion. The motion carried and the minutes were approved.
2013 Legislation Update
Executive Director Scott Schultz provided a PowerPoint presentation including handouts
reviewing HB 2170. Mr. Schultz included the two new duties which were added to the
Commission:
KSC was granted the authority to make statewide supervision and placement cutoff
decisions based upon the risk levels and needs of the offender.
KSC must periodically review data and make recommended changes and must determine
the impact and effectiveness of supervision and sanctions for felony offenders regarding
recidivism and prison and community-based supervision populations.
Mr. Schultz stated that Special Sentencing Rules 9 and 10 were not approved and the provisions
were deleted from the bill.
An addition to the Kansas Sentencing Guidelines Journal Entry of Judgment form will be made
regarding intermediate sanction of confinement in jail if the defendant waives the right to a
hearing.
New Business
Secretary Roberts provided and reviewed handouts regarding the JRI prison bed population
impacts.
Judge Smith appointed the Sentencing Policy Subcommittee to evaluate the impacts further and
revisit it at the next KSC meeting.
Approval of Revisions to the Journal Entry Forms
Executive Director Scott Schultz provided the Sentencing Guidelines Presentence Investigation
Report, Journal Entry of Judgment, and Journal Entry of Probation Revocation Hearing forms
with proposed changes.
After much discussion, Judge Wilson moved that the approval of forms be tabled until the
Commission members had more time to assess the revisions.
Chris Mechler seconded the motion and the motion carried.
Resuming the KSC Forms Subcommittee
Mr. Schultz announced that the Forms Subcommittee will resume meetings shortly. Members
will include: Scott Schultz, Jennifer Roth, Chris Mechler, Kevin Berens, and Judge Wilson.
3
Statewide Cut-off Score for LSI-R Subcommittee
Consist with the Commission’s new statutory charge, Judge Smith created and appointed a
subcommittee to be involved with the statewide cutoff scoring for the LSI-R and will schedule a
meeting with the members: Betsy Gillespie, Chris Mechler, and Secretary Roberts. Judge Smith
with serve as chair of the subcommittee.
Executive Session
Judge Wilson moved to enter into Executive Session for 15 minutes to discuss KSC personnel
issues. Betsy Gillespie seconded the motion and the motion carried.
Out of Executive Session Judge Wilson moved to give Executive Director Scott Schultz authority
to hire an Attorney and a Budget Director. Chris Mechler seconded the motion and the motion
carried.
Agency Report
Executive Director Scott Schultz provided a brief agency report.
Next Meeting
The next Kansas Sentencing Commission meeting is being discussed to change the time to 10:00
a. m. on May 16, 2013 in the Senate Room of the Jayhawk Tower, Topeka, Kansas.
The meeting was adjourned at 3:58 p.m.
Minutes of the Kansas Sentencing Commission Meeting
May 16, 2013
Meeting Cancelled
Minutes of the Kansas Sentencing Commission Meeting
June 27, 2013
The Honorable Evelyn Z Wilson, Vice Chair called the Kansas Sentencing Commission meeting
to order on June 27, 2013 at 1:38 p.m. in the Senate Room of Jayhawk Tower.
Participants:
Members:
Honorable Richard M. Smith, Chair
Honorable Evelyn Z. Wilson, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Janice L. Pauls
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
Jennifer C. Roth, 3rd Judicial District Assistant Public Defender
Quentin L. Martin, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Michael Wales, Kansas Legislative Research Department
Susanna Honaker, Little Government Relations Associate
Tim Madden, Department of Corrections
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Trish Beck, Program Assistant
Jennifer Dalton, Accountant
Carrie Krusor, Research Data Entry III
Sean Ostrow, SB 123 Program Director/ Staff Attorney
2
Approval of Minutes
Vice Chair Wilson referred to the minutes of the April 19, 2013, Kansas Sentencing Commission
meeting. Kevin Berens moved to approve the minutes and Chris Mechler seconded the motion.
The motion carried and the minutes were approved.
Welcome and Introduction
Executive Director Scott Schultz welcomed Representative John Rubin as a new member to the
Commission and Sean Ostrow as the new Staff Attorney and SB 123 Program Director.
Forms Subcommittee Report
Jennifer Roth, Journal Entry Forms Subcommittee Chair, provided and reviewed the revised
Journal Entry of Judgment, Probation Revocation and the Presentence Investigation forms. After
much discussion, Chris Mechler moved to approve the forms as amended. Betsy Gillespie
seconded the motion and the motion carried.
Representative Janice Pauls thanked Jennifer Roth for all her hard work, time and effort on the
forms that reflect the 2013 Legislation session.
Sentencing Policy Subcommittee Report
Executive Director Scott Schultz reported that the subcommittee last met on May 15, 2013.
Discussions involved the 2013 HB 2170 prison bed space analysis of the Council of State
Governments (CSG) and KSC. The committee recommended adopting CSG’s numbers for the
upcoming FY 2014 Prison Population Projections.
Kevin Berens moved to adopt CSG’s projections. Representative John Rubin seconded the
motion and the motion carried.
SB 123 Subcommittee Report
Chris Mechler provided minutes from the May 2, 2013 meeting, and a letter to Ashley Bauman,
University of Cincinnati, Division of Criminal Justice regarding a contract proposal to study the
SB 123 Drug Treatment Program in Kansas. Utilizing data from the 31 judicial districts, the
evaluation would define recidivism, the program impact, including target population, program
type, and program quality.
Agency Report
Executive Director Scott Schultz provided a summary of the Sentencing Policy Subcommittee
teleconference prepared by Sean Ostrow, Staff Attorney. The summary reflects possible
encounters from the uncertainty in the interpretation and implementation of HB 2170. Mr.
Ostrow will be creating a HB 2170 Frequently Asked Questions document that will be provided
in the quarterly e-Newsletter and posted to the KSC website.
The Sentencing Policy Subcommittee consists of Hon. Richard Smith, Hon. Evelyn Wilson,
Keven Berens, Amy Hanley, Jennifer Roth, Representative Janice Pauls, and Secretary Ray
Roberts. By consensus of the Commission, the subcommittee added three new members; Betsy
Gillespie, Representative John Rubin, and Chris Mechler.
3
Representative John Rubin moved to authorize the Sentencing Policy Subcommittee to have the
power to give the KSC permission to broadcast tools to inform the public utilizing the website
and e-Newsletter. Senator David Haley seconded the motion and the motion carried.
The Prison Population Projection Consensus meetings will be held July 22, and August 26, 2013
Chris Mechler moved to adjourn, Betsy Gillespie seconded the motion and the motion carried.
Meeting adjourned 3:51p.m.
Next Meeting
The next Kansas Sentencing Commission meeting is scheduled for July 25, 2013 in the Senate
Room of the Jayhawk Tower, Topeka, Kansas.
Minutes of the Kansas Sentencing Commission Meeting
July 25, 2013
Meeting Cancelled
Minutes of the Kansas Sentencing Commission Meeting
August 29, 2013
The Honorable Evelyn Z. Wilson, Vice Chair, called the Kansas Sentencing Commission meeting
to order on August 29, 2013 at 1:34 p.m. in the Senate Room of Jayhawk Tower.
Participants:
Members:
Honorable Evelyn Z. Wilson, Vice Chair
Honorable W. Lee Fowler
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Janice L. Pauls
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
Jennifer C. Roth, 3rd Judicial District Assistant Public Defender
Quentin L. Martin, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Stuart Little, Little Government Relations
Tim Madden, Department of Corrections
Brian Baker, Value Options
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Trish Beck, Program Assistant
Jennifer Dalton, Accountant
Sean Ostrow, SB 123 Program Director/ Staff Attorney
2
Welcome and Introduction
The Honorable Evelyn Z. Wilson introduced and welcomed Honorable W. Lee Fowler as a new
member to the Commission.
Congratulations was extended to members: Jennifer Roth, Betsy Gillespie, Shawn Elliott and
Kevin Berens for their reappointments to the Commission.
Approval of Minutes
Vice Chair, Wilson referred to the minutes of the June 27, 2013, Kansas Sentencing Commission
meeting. Kevin Berens moved to approve the minutes and Representative Pauls seconded the
motion. The motion carried and the minutes were approved.
Executive Session
Vice Chair Wilson requested an executive session for 15 minutes. Chris Mechler moved to
approve an executive session to discuss personnel. Betsy Gillespie seconded the motion and the
session was approved. Closed session began 1:39 p.m.
Open session began at 1:56 p.m.
Approval of FY 2014 Adult Inmate Prison Population Projections
Scott Schultz, Executive Director, and Kunlun Chang, Director of Research, provided and
reviewed the handouts of the FY 2014 Adult Inmate Prison Population Projections.
The Commission discussed the projections. Rep. John Rubin moved to adjust the assumptions for
the probation condition violators in the FY 2014 model and prepare a revised projection to be
reviewed by the Commission members by email and conference call. Secretary Roberts seconded
the motion and the motion carried. Preparation of a new projection with adjusted assumptions to
be reviewed was approved.
Report of Forms Subcommittee
Jennifer Roth, Forms Subcommittee Chair, provided and reviewed the revised Journal Entry of
Judgment, and the Presentence Investigation forms that added a checkbox to the PSI and Journal
Entry of Judgment (JE) as per K.S.A. 8-1567(c). Kevin Berens moved to approve the forms.
Chris Mechler seconded the motion and the motion carried.
Report of LSI-R Subcommittee
Vice Chair Wilson, Subcommittee Chair, reported that the subcommittee is gathering information
from data to review the various LSI-R scores utilized throughout the state. The subcommittee
will review the data at their next meeting.
SB 123 Subcommittee Report
Chris Mechler, Subcommittee Chair, reported the subcommittee toured the substance abuse
centers at Valeo, Topeka, and the Therapeutic Community, New Century.
3
New programming for the Treatment Providers Payment System (TPPS) software will be
implemented in the near future to help manage SB 123 treatment modality caps.
House Bill 2170 Subcommittee Report
Vice Chair Wilson, Subcommittee Chair elected to postpone any report from this subcommittee
until next meeting.
Justice Reinvestment Phase II Update
Secretary Roberts, Chair of the Steering Committee, reported they are meeting quarterly and
pursuing ideas and opportunities to help inform and train stakeholders in different jurisdictions
about the implementation of HB 2170.
Agency Report
Scott Schultz reported that the Sentencing Commission will be providing seven training sessions
statewide in Kansas to discuss HB 2170, SB 123, sentencing guidelines forms, and a recent
legislative update. Sessions begin September 12 in Topeka.
The annual KSC Workshop will be held in November. It is tentatively set for November 14th and
15th.
Executive Session
Kevin Berens moved to go into executive session to discuss personnel. Sec. Roberts seconded
the motion and the motion carried. Closed session began 4:10 p.m.
Once back in open session, Rep. John Rubin moved to return to executive session for another 10
minutes for further discussion. Shawn Elliott seconded the motion and the motion carried.
Closed session began 4:40 p.m.
Back in open session, Rep. Janice Pauls moved to increase the executive director’s salary $2,500
as soon as practical based on the assurance that the executive director will concentrate on the
KSC staff salaries. Amy Hanley seconded the motion and the motion carried.
The Honorable W. Lee Fowler abstained in voting on the motion as it was his first meeting.
Kevin Berens moved to adjourn, Betsy Gillespie seconded the motion and the motion carried.
Meeting adjourned at 5:08 p.m.
Next Meeting
The next Kansas Sentencing Commission meeting is scheduled for September 26, 2013 in the
Senate Room of the Jayhawk Tower, Topeka, Kansas.
Minutes of the Kansas Sentencing Commission Teleconference Meeting
September 10, 2013
The Honorable Evelyn Z. Wilson, Vice Chair, called the Kansas Sentencing Commission
teleconference meeting to order on September 10, 2013 at 11:08 a.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Vice Chair
Honorable W. Lee Fowler
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Janice L. Pauls
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
Jennifer C. Roth, 3rd Judicial District Assistant Public Defender
Quentin L. Martin, Public Member
Reverend Junius B. Dotson, Public Member
Guests:
Tim Madden, Department of Corrections
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Trish Beck, Program Assistant
Sean Ostrow, SB 123 Program Director/ Staff Attorney
2
Approval of the Draft FY 2014 Prison Population Projections
Vice Chair Wilson referred to the revised projections which included the Commission’s adjusted
assumptions approved at the August 29, 2013 meeting.
The Honorable Patrick McAnany moved to approve both the assumptions and projections as
drafted and Representative Rubin seconded the motion. The motion carried and the assumptions
and projections were approved.
Senator Haley abstained.
Next Meeting
The next Kansas Sentencing Commission meeting is scheduled for October 24, 2013 in the
Senate Room of the Jayhawk Tower, Topeka, Kansas.
The meeting adjourned at 11:15 a.m.
Minutes of the Kansas Sentencing Commission Meeting
September 26, 2013
Meeting Cancelled
Minutes of the Kansas Sentencing Commission Meeting
October 24, 2013
Meeting Cancelled
Minutes of the Kansas Sentencing Commission Meeting
November 13, 2013
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission Workshop,
Day 1, to order on November 13, 2013 at 9:02 a.m. in the Pioneer Room of the Topeka Capital
Plaza Hotel.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Janice L. Pauls
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
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
Bree Derrick, Senior Policy Analyst, The Council of State Governments
Allison Berger, Program Associate, The Council of State Governments
Michael Pfannenstiel, Captain, Johnson County Sheriff’s Office
Alex Holsinger, Ph.D., Professor of Criminal Justice & Criminology, University of
Missouri - Kansas City
Kathleen Graves, Deputy Secretary, Department of Corrections
Robert Allison-Gallimore, Ks Legislative Research Department
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
2
Fengfang Lu, Senior Research Analyst
Sean Ostrow, SB 123 Program Director/ Staff Attorney
Jennifer Dalton, Accountant
Trish Beck, Program Assistant
Approval of minutes and Election of Vice Chair
Chair Wilson referred to the Sentencing Commission Meeting minutes of August 29, 2013,
September 10, 2013 and of the Kansas Sentencing Commission LSI-R Subcommittee meeting
minutes on August 27, 2013. Chris Mechler moved to approve the minutes and Jennifer Roth
seconded the motion. The motion carried and the minutes were approved.
Chris Mechler moved to nominate the Hon. W. Lee Fowler to be the Vice Chair of the Sentencing
Commission and Judge McAnany seconded the motion. The motion carried and Judge W. Lee
Fowler will serve as vice chair of the Sentencing Commission.
Chair Wilson introduced and welcomed the newest commission member, Eddie J. Regan.
SB 123: The State of the Statute
Sean Ostrow, SB 123 Program Director provided a PowerPoint presentation including handouts
that reviewed the 10th year anniversary of the SB 123 Program. LSI-R cutoff scores and
graduated sanctions were discussed.
Adventures in Risk & Need Assessment: LSI-R
Alexander M. Holsinger, Ph.D., Professor of Criminal Justice and Criminology, University of
Missouri – Kansas City provided a PowerPoint presentation including handouts, Level of Service
Inventory - Revised: LSI-R.
Proposal to Amend K.S.A. 21-6610
Judge W. Lee Fowler provided a handout proposing an amendment to K.S.A. 21-6610, Transfer
of supervision of person paroled, on probation, assigned to community corrections or under
suspended sentence.
Judge Fowler shared that the discussion initiated from a Specialty Court Commission meeting
and wanted to address concerns regarding court supervision for out-of-county participants in drug
court programs.
KSC members engaged in discussion of the information presented.
Proposed Amendments for 2014 Legislation
Sean Ostrow provided all members with a handout, 2003 Senate Bill 123 Drug Treatment
Program Proposed Amendment for the 2014 Legislative Session, for discussion. K.S.A. 21-6824
references the SB 123 drug abuse treatment programs for certain offenders who are sentenced on
or after November 1, 2003. KSC members discussed possible amendments to present to the
legislature in 2014.
The workshop was adjourned at 4:54 p.m.
3
Minutes of the Kansas Sentencing Commission Meeting
November 14, 2013
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission Workshop,
Day 2, to order on November 14, 2013 at 9:02 a.m. in the Pioneer Room of the Topeka Capital
Plaza Hotel.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Janice L. Pauls
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
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
Bree Derrick, Senior Policy Analyst, The Council of State Governments
Allison Berger, Program Associate, The Council of State Governments
Michael Pfannenstiel, Captain, Johnson County Sheriff’s Office
Robert Allison-Gallimore, Principal Analyst, KS Legislative Research Department
Dezeree Hodish, Legislative Fellow, KS Legislative Research Department
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Sean Ostrow, SB 123 Program Director/ Staff Attorney
Jennifer Dalton, Accountant
Trish Beck, Program Assistant
4
Approval of Journal Entry Forms
Jennifer Roth, Chair of the Journal Entry Forms Subcommittee, provided and presented proposed
amendments to the Journal Entry of Sentencing Forms, Probation Revocation Forms and
Presentence Investigation Forms. After a brief discussion, Kevin Berens moved to approve the
Journal Entry Forms with the exception of adding a good time credit provision. Secretary Ray
Roberts seconded the motion and the motion carried.
Kevin Berens made the motion to accept the Presentence Investigation Report and Probation
Violation Hearing Forms. Betsy Gillespie seconded. The motion carried.
2013 HB 2170: What We’ve Learned in Four Months
Executive Director, Scott Schultz, provided and reviewed the 2013 HB 2170: What We’ve
Learned in Four Months.
Implementation of 2013 HB2170
Bree Derrick, Senior Policy Analyst, Council of State Governments, presented Justice
Reinvestment in Kansas. A handout was provided. KSC members engaged in discussion of this
presentation.
Brainstorming Session
Handouts were provided: HB 2170 Policy Considerations and Statutory Language Cleanup
Proposals (draft), Sentencing and Corrections Reforms in Justice Reinvestment States and data
was provided; HB 2170 Sanction as of 11/5/13 by County – Community Corrections, Prison
Sanction by county – Community Correction, Jail Sanction by County as of 11/6/2013 – Court
Services, Jail Sanction by County – Community Corrections and Prison Population Monthly
Monitoring Reports.
KSC members discussed at length HB 2170 legislative cleanup language, continued bed savings
analysis, possible good time credit percentage changes, expansion of the drug grid and
monitoring of treatment providers discussion will continue at the December KSC meeting.
The 2014 workshop will be held November 19 and 20.
The 2013 workshop was adjourned at 4:53 p.m.
Minutes of the Kansas Sentencing Commission Meeting
December 19, 2013
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on December 19, 2013 at 1:32 p.m. in the Senate Room of the Jayhawk Tower.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Janice L. Pauls
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
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:
Susanna Honaker, Little Government Relations, L.L.C.
Jason Thompson, Sr. Assistant Revisor of Statutes
Ed Klumpp, Representative for Association of Chief of Police and KS Sheriff
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Sean Ostrow, SB 123 Program Director/ Staff Attorney
Jennifer Dalton, Accountant
Trish Beck, Program Assistant
Ebo Browne, Research Analyst
2
Welcome New Staff Member
Executive Director Scott Schultz introduced and welcomed new staff member, George Ebo
Browne, Research Analyst to the Sentencing Commission.
Approval of minutes
Chair Wilson referred to the Sentencing Commission Workshop meeting minutes of November
13-14, 2013. Judge McAnany moved to approve the minutes and Representative Rubin seconded
the motion. The motion carried and the minutes were approved.
Approval of the 2014 Proposed KSC Meeting Dates
Proposed 2014 KSC meeting dates were provided and reviewed. Betsy Gillespie moved to
approve the proposed schedule and Chris Mechler seconded the motion. The motion carried and
the 2014 KSC meeting dates were approved.
Overview of 2014 Legislative Draft Proposals
Sean Ostrow, Staff Attorney and Jason Thompson, Sr. Assistant Revisor of Statutes, reviewed
KSC’s 2014 draft legislation proposal concerning crimes, punishment and criminal procedure;
relating to sentencing; probation and postrelease supervision; amending K.S.A. 2013 Supp. 21-
6604, K.S.A. 22-3716 and repealing the existing sections.
Jennifer Roth moved to amend K.S.A 21-6604 by creating a new section for a certain provision in
K.S.A. 21-6604(a)(3). Shawn Elliott seconded the motion. The motion carried and the proposed
draft legislation will be revised.
Vice Chair Fowler moved to amend the proposed section in K.S.A. 22-3716(b)(3)(B)(i).
Representative Rubin seconded the motion and the motion carried with eight yeas and six nays.
Representative Rubin moved to approve KSC’s draft proposed language as written in K.S.A. 22-
3716(c)(1)(B), (C) and (D). Pastor Dotson seconded the motion and the motion carried.
Chris Mechler moved to approve KSC’s draft proposed language in K.S.A. 22-3716(c)(1)(B),
Judge Fowler seconded the motion and the motion carried. Amy Hanley opposed the motion.
Betsy Gillespie moved to approve KSC’s draft proposed language for K.S.A. 22-3716(c)(2).
Pastor Dotson seconded the motion and the motion carried.
Representative Rubin moved to have the Commission make a request of Jason Thompson to
create a new subsection (c)(10) “Misdemeanants” regarding retroactivity in K.S.A. 22-3716.
Betsy Gillespie seconded the motion and the motion carried. Amy Hanley opposed the vote and
Judge McAnany abstained.
Sean Ostrow provided a handout, Application of Incarceration Credit to Reduce Length of HB
2170 Prison Sanctions, which proposed amended language to restrict the application of time
served resulting in reduction of the length of the prison sanctions as set forth in K.S.A. 2013
Supp. 22-3716(c)(1)(C) and (D). Representative Rubin moved to adopt the language as written
with the addition to include quick dips. Betsy Gillespie seconded the motion and the motion
carried.
3
Betsy Gillespie moved to adopt KSC’S proposed changes to the 2013 HB 2170 Bill as a whole.
Representative Rubin seconded the motion and the motion carried. Amy Hanley, Chris Mechler,
and Jennifer Roth voted against the proposed legislation as a whole.
Scott Schultz, Executive Director provided a PowerPoint presentation, Review and Approval of
2014 Legislative Proposals with additional handouts; Increase Good Time Credits with
Retroactivity, Increase Good Time Credits No Retroactivity, Expanding Border Box and
Probation Box on Drug Grid, and Reducing Recidivism Through Effective Interventions.
The Kansas Sentencing Commission statutory requirements in K.S.A. 74-9101 were determined
to be met and a letter will be drafted to send to the Governor and the Joint Committee on
Corrections and Juvenile Justice Oversight on or before February 1, 2014.
K.S.A. 21-6610 Amendment Proposal
Vice Chair Fowler provided a letter with a proposal to amend K.S.A. 21-6610 to address concerns
regarding courtesy supervision.
Vice Chair Fowler moved to adopt the proposal as written. Representative Rubin seconded the
motion and the motion carried.
LSI-R Subcommittee Report
Chair Wilson reported that the subcommittee is moving forward; providing data to Dr. Holsinger,
Professor of Criminal Justice & Criminology, and timelines are being setup along with a
teleconference February 28, 2014.
SB 123 Subcommittee Report
Sean Ostrow, SB 123 Program Director provided copies of letters that were being distributed to
treatment providers including the new Treatment Monthly Insurance Report Form. In addition,
the revised SB 123 Supervising Officer Insurance Verification Form letter will be sent out to
Community Corrections Directors.
New members to the subcommittee will be as follows: Kathleen Graves, Deputy Secretary, Dept.
of Corrections; Kevin Smith, Dept. of Corrections; and Marie McNeil, Community Corrections.
Together the group will organize working groups with treatment providers to evaluate current
cost caps and length of treatment.
Agency Report
Executive Director, Scott Schultz provided a summary of the agency’s projects and latest
accomplishments. Some of those included: completion of the 2013 Desk Reference Manual, CPR
and first aid training for the entire staff, the introduction of new 2013 HB 2170 and drug crimes
laminated flowcharts that will be available for sale, and creation of HB 2170 training videos to be
placed on the agency website.
4
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. January 17, 2014 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 5:07 p.m.