KANSAS OFFICE of
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75-5217. Violation of conditions of release; notice to appear or arrest, procedure; detention; hearing and order of board, rules and regulations. (a) At any time during release on parole, conditional release or postrelease supervision, the secretary of corrections may issue a warrant for the arrest of a released inmate for violation of any of the conditions of release, or a notice to appear to answer to a charge of violation. Such notice shall be served personally upon the released inmate. The warrant shall authorize any law enforcement officer to arrest and deliver the released inmate to a place as provided by subsection (g). Any parole officer may arrest such released inmate without a warrant, or may deputize any other officer with power of arrest to do so by giving such officer a written or verbal arrest and detain order setting forth that the released inmate, in the judgment of the parole officer, has violated the conditions of the inmate's release. A written arrest and detain order delivered to the official in charge of the institution or place to which the released inmate is brought for detention shall be sufficient warrant for detaining the inmate. After making an arrest the parole officer shall present to the detaining authorities a similar arrest and detain order and statement of the circumstances of violation. Pending a hearing, as provided in this section, upon any charge of violation the released inmate shall remain incarcerated in the institution or place to which the inmate is taken for detention.

(b) Upon such arrest and detention, the parole officer shall notify the secretary of corrections, or the secretary's designee, within five days and shall submit in writing a report showing in what manner the released inmate had violated the conditions of release. After such notification is given to the secretary of corrections, or upon an arrest by warrant as herein provided and the finding of probable cause pursuant to procedures established by the secretary of a violation of the released inmate's conditions of release, the secretary or the secretary's designee may cause the released inmate to be brought before the prisoner review board, its designee or designees, for a hearing on the violation charged, under such rules and regulations as the board may adopt, or may dismiss the charges that the released inmate has violated the conditions of release and order the released inmate to remain on parole, conditional release or post release supervision. A dismissal of charges may be conditioned on the released inmate agreeing to the withholding of credit for the period of time from the date of the issuance of the secretary's warrant and the offender's arrest or return to Kansas as provided by subsection (f). The board may determine whether such hearing requires the released inmate to appear personally before the board when such inmate's violation results from a conviction for a new felony or misdemeanor. An offender 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. Relevant written statements made under oath shall be admitted and considered by the board, its designee or designees, along with other evidence presented at the hearing. If the violation is established to the satisfaction of the board, the board may continue or revoke the parole or conditional release, or enter such other order as the board may see fit. The revocation of release of inmates who are on a specified period of postrelease supervision shall be for a six-month period of confinement from the date of the revocation hearing before the board or the effective date of waiver of such hearing by the offender pursuant to rules and regulations promulgated by the board, if the violation does not result from a conviction for a new felony or misdemeanor. Such period of confinement may be reduced by not more than three months based on the inmate's conduct, work and program participation during the incarceration period. The reduction in the incarceration period shall be on an earned basis pursuant to rules and regulations adopted by the secretary of corrections.

(c) If the violation results from a conviction for a new felony, upon revocation, the inmate shall serve a period of confinement, to be determined by the prisoner review board, which shall not exceed the remaining balance of the period of postrelease supervision, even if the new conviction did not result in the imposition of a new term of imprisonment.

(d) If the violation results from a conviction for a new misdemeanor, upon revocation, the inmate shall serve a period of confinement, to be determined by the prisoner review board, which shall not exceed the remaining balance of the period of postrelease supervision.

(e) In the event the released inmate reaches conditional release date as provided by K.S.A. 22-3718, and amendments thereto, after a finding of probable cause, pursuant to procedures established by the secretary of corrections of a violation of the released inmate's conditions of release, but prior to a hearing before the prisoner review board, the secretary of corrections shall be authorized to detain the inmate until the hearing by the board. The secretary shall then enforce the order issued by the board.

(f) (1) If the secretary of corrections issues a warrant for the 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).

(2) If a 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, and the released inmate has been authorized as a condition of such inmate's release to reside in or travel to the state in which the released inmate was arrested, and the released inmate has not absconded 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 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 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). If the released inmate for whom a warrant has been issued by the secretary of corrections for violation of a condition of release is subsequently arrested in another state pursuant only to the secretary's warrant, 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, regardless of whether the released inmate's presence in the other state was authorized or the released inmate had absconded from supervision, except as provided by subsection (i).

(3) The secretary may issue a warrant for the arrest of a released inmate for violation of any of the conditions of release and may direct that all reasonable means to serve the warrant and detain such released inmate be employed including, but not limited to, notifying the federal bureau of investigation of such violation and issuance of warrant and requesting from the federal bureau of investigation any pertinent information it may possess concerning the whereabouts of the released inmate.

(g) Law enforcement officers shall execute warrants issued by the 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.

(h) For the purposes of this section, an inmate or released inmate is an individual under the supervision of the secretary of corrections, including, but not limited to, an individual on parole, conditional release, postrelease supervision, probation granted by another state or an individual supervised under any interstate compact in accordance with the provisions of the uniform act for out-of-state parolee supervision, K.S.A. 22-4101 et seq., and amendments thereto.

(i) Time not credited to the released inmate's sentence pursuant to subsection (f) shall be credited if the violation charges are dismissed without an agreement providing otherwise or the violations are not established to the satisfaction of the board.

(j) As used in this section, "absconded from supervision" means knowingly avoiding supervision or knowingly making the defendant's whereabouts unknown to the defendant's supervising parole officer, court services officer or community correctional services officer.

History: L. 1973, ch. 339, § 23; L. 1977, ch. 306, § 1; L. 1978, ch. 120, § 18; L. 1981, ch. 350, § 3; L. 1987, ch. 350, § 1; L. 1991, ch. 264, § 1; L. 1992, ch. 239, § 289; L. 1994, ch. 291, § 82; L. 1995, ch. 121, § 5; L. 1996, ch. 267, § 16; L. 1998, ch. 186, § 4; L. 1999, ch. 54, § 1; L. 1999, ch. 164, § 35; L. 2000, ch. 35, § 1; L. 2007, ch. 48, § 1; L. 2008, ch. 183, § 11; L. 2012, ch. 16, § 36; L. 2013, ch. 76, § 7; L. 2016, ch. 36, § 2; L. 2021, ch. 105, § 6; July 1.

Source or prior law:

22-3715.

Law Review and Bar Journal References:

"Review of the Proposed Kansas Sentencing Guidelines," Geary N. Gorup, XIV J.K.T.L.A. No. 5, 15 (1991).

"Parole in Kansas," Carla J. Stovall, 60 J.K.B.A. No. 7, 27, 30 (1991).

Criminal Procedure Edition, 47 K.L.R. 937 (1999).

"Y2K: An Active Year for Judicial Legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).

"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).

"Let the Punishment Fit the Crime (Unless It's a Sex Crime): A Critique of the Kansas Supreme Court's Rubber Stamp of Approval upon Mandatory Lifetime Postrelease Supervision for Sex Offenders [State v. Mossman, 281 P.3d 153 (Kan. 2012)]," Nicolas R. Daugherty, 52 W.L.J. 649 (2013).

Attorney General's Opinions:

Parole; detention of suspected parole violators. 80-227.

Conditional release; enforcement of conditions. 84-17.

Prohibition against certain local and private prisons. 94-27.

Parole eligibility; release, when; hearings. 94-70.

Upon revocation of postrelease supervision for fourth or subsequent DUI offense, offender is to be confined in Department of Corrections facility. 2003-21.

Sheriff must accept city prisoner taken to county jail but not responsible if taken directly to medical facility. 2007-39.

CASE ANNOTATIONS

1. Cited; whether adult authority acted in absence or in excess of jurisdiction by forfeiting good time credits examined. Urban v. Henley, 654 F. Supp. 870, 877 (1987).

2. Correctional officials' claim that state negligence action arising from parolee's crimes barred by immunity not considered where defenses under Kansas Tort Claims Act not raised. Beck v. Kansas University Psychiatry Foundation, 671 F. Supp. 1563, 1574 (1987).

3. Parole revocation hearing as requiring constitutional due process examined. Parker v. State, 247 Kan. 214, 216, 795 P.2d 68 (1990).

4. Noted in discussion on appellate opinions on moot issues; trial court's vacation of original sentence and imposition of harsher one examined. State v. Zirkle, 15 Kan. App. 2d 674, 676, 814 P.2d 452 (1991).

5. Cited; parole violation a new offense. State v. Sullivan, 17 Kan. App. 2d 771, 773, 844 P.2d 741 (1993).

6. Cited; whether defendants whose sentences are converted to guidelines remain subject to postrelease supervision upon release examined. Phillpot v. Shelton, 19 Kan. App. 2d 654, 661, 875 P.2d 289 (1994).

7. An inmate's time on parole cannot be used to satisfy converted KSGA postrelease supervision period. Faulkner v. State, 22 Kan. App. 2d 80, 83, 911 P.2d 203 (1996).

8. Procedure for detaining parole violator who reaches conditional release date reviewed. Adams v. Kansas Parole Board, 24 Kan. App. 2d 388, 390, 947 P.2d 448 (1997).

9. Denying retroactive application of postrelease revocation provisions to inmates convicted before KSGA (K.S.A. 21-4701 et seq.) does not violate equal protection. Fanning v. State, 25 Kan. App. 2d 469, 471, 967 P.2d 1083 (1998).

10. Parole board, upon revoking parole, has discretion to establish date for another parole or date to consider eligibility for parole. Foy v. Taylor, 26 Kan. App. 2d 222, 225, 985 P.2d 1172 (1999).

11. Unauthorized addition of new charge at parole hearing is due process violation which was cured at final parole revocation hearing. Hearst v. State, 30 Kan. App. 2d 1052, 54 P.3d 518 (2002).

12. Section is not applicable to inmates serving an original sentence which is not subject to conversion under the Kansas sentencing guidelines act. Davis v. Simmons, 31 Kan. App. 2d 556, 68 P.3d 160 (2003).

13. Search by officers finding cocaine in execution of warrant, later determined invalid, is not invalidated as officers were acting in good faith. State v. Mansaw, 32 Kan. App. 2d 1011, 93 P.3d 737 (2004).

14. Oral authorization to arrest parolee for parole violation not enough; officer must have written arrest and detain order. State v. Anderson, 34 Kan. App. 2d 375, 119 P.3d 1171 (2005).

15. Arrest and detain order from parole officer must be in writing to arrest conditional release violator. State v. Anderson, 281 Kan. 896, 136 P.3d 406 (2006).

16. Cited in discussing sentencing; no credit against postrelease supervision period for time served in excess of sentence. State v. Gaudina, 284 Kan. 354, 360, 362, 160 P.3d 854 (2007).

17. Written arrest-and-detain order under K.S.A. 75-5217; arresting officer not required to have physical possession of order. State v. Edwards, 39 Kan. App. 2d 300, 304, 305, 179 P.3d 472 (2008).


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