Revisor's Note:

Section was amended multiple times in 1993 session, see also 21-4603e.

Section was also amended by L. 2007, ch. 49, § 1, but that version was repealed by L. 2007, ch. 198, § 12.

Law Review and Bar Journal References:

Survey of Recent Cases, 46 K.L.R. 921 (1998).

"2001 Legislative Wrap Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).

"Surviving Apprendi: A Procedural Ideal Meets the Real World of Determinate Sentencing," Teresa L. Sittenauer, 72 J.K.B.A. No. 1, 44 (2003).

"Criminal Procedure Survey of Recent Cases," Matt Corbin, Editor, 51 K.L.R. 659, 746 (2003).

"2004 Legislative Wrap Up," James W. Clark, 73 J.K.B.A. No. 7, 12 (2004).

Attorney General's Opinions:

Discretion of court to suspend mandatory minimum fine for person under 21 possessing alcoholic liquor or cereal malt beverages. 1999-12.

Claims arising out of court service officer's use of personal motor vehicle while acting within scope of employment; state liability under tort claims act; reimbursement for additional insurance premiums. 1999-17.

CASE ANNOTATIONS

1. Conversion of defendant's sentence to imprisonment instead of probation for offenses committed on parole constitutes dispositional departure. State v. Trimble, 21 Kan. App. 2d 32, 36, 894 P.2d 920 (1995).

2. Defendant has no right to request court to modify sentence after KSGA (K.S.A. 21-4701 et seq.) effective date. State v. Bost, 21 Kan. App. 2d 560, 565, 903 P.2d 160 (1995).

3. Imprisonment allowed for new offense committed while inmate on conditional release; conditional release defined. State v. Arculeo, 22 Kan. App. 2d 91, 92, 911 P.2d 818 (1996).

4. Sentencing court's jurisdiction to modify or depart from sentence after imposition of lawful KSGA (K.S.A. 21-4701 et seq.) discussed. State v. Miller, 260 Kan. 892, 897, 926 P.2d 652 (1996).

5. When adult defendant on probation for juvenile adjudication commits felony, imprisonment for nonimprisonment sentence constitutes departure. State v. Fischer, 22 Kan. App. 2d 568, 569, 919 P.2d 368 (1996).

6. A defendant's parole status may not be sole compelling reason for upward durational departure sentence. State v. Hawes, 22 Kan. App. 2d 837, 840, 923 P.2d 1064 (1996).

7. Trial court error of deferring imprisonment decision pending alcohol evaluation ruled harmless. State v. Cernech, 22 Kan. App. 2d 900, 902, 924 P.2d 648 (1996).

8. Defendant who commits new felony while released pending sentencing for previous felony is not on conditional release under section. State v. Arculeo, 261 Kan. 286, 289, 933 P.2d 122 (1997).

9. Imposition of imprisonment sentence where defendant's offense within nonprison grid but committed while defendant incarcerated not appealable. State v. Burrows, 23 Kan. App. 2d 342, 343, 929 P.2d 1391 (1997).

10. Defendant's on bond status does not authorize imposition of prison sentence in presumptive probation case without a departure. State v. Christensen, 23 Kan. App. 2d 910, 916, 937 P.2d 1239 (1997).

11. Failure to consider placing probation violator in correctional conservation camp prior to revocation of nonprison sanction constituted reversible error. State v. Williams, 24 Kan. App. 2d 447, 448, 946 P.2d 98 (1997).

12. Imposition of imprisonment sentence where defendant's offense committed while in custody pending felony trial requires departure. State v. Marsh, 263 Kan. 773, 774, 952 P.2d 933 (1998).

13. Failure of trial court to consider correctional conservation camp placement requires remand for resentencing. State v. Billington, 24 Kan. App. 2d 759, 764, 953 P.2d 1059 (1998).

14. Restitution compared to child support in determining incarceration not justification for suspension or modification of support. In re Marriage of Thurmond, 265 Kan. 715, 729, 962 P.2d 1064 (1998).

15. Placement at conservation camp must be considered when sentencing defendant falling within nondrug border box to imprisonment sentence. State v. Schick, 25 Kan. App. 2d 702, 703, 971 P.2d 346 (1998).

16. Atypical harm in crime against property is not an aggravating factor supporting departure sentence. State v. Sewell, 25 Kan. App. 2d 731, 733, 971 P.2d 1201 (1998).

17. Sentencing court not required to consider Labette correctional conservation camp when revocation of nonprison sanction is instituted because of commission of new felony. State v. Adams, 29 Kan. App. 2d 589, 30 P.3d 317 (2001).

18. While court may make any appropriate combination of sentences contained in section, it cannot make an "appropriate" combination of sentences from two unrelated cases. State v. Torkelson, 29 Kan. App. 2d 672, 30 P.3d 320 (2001).

19. Court cannot impose a prison term without first considering placement of defendant at Labette correctional conservation camp when defendant is classified in presumptive, nonprison grid box. State v. Dreier, 29 Kan. App. 2d 958, 34 P.3d 480 (2001).

20. Judge required to consider all listed nonprison alternatives explicitly, and on record, before sending qualifying offender to prison. State v. Miller, 30 Kan. App. 2d 161, 41 P.3d 868 (2002).

21. Graduation from the Labette program, even with fair or poor record, is successful completion of program; court has no probation violation justifying defendant being required to serve sentence. State v. Garcia, 31 Kan. App. 2d 338, 64 P.3d 465 (2003).

22. Section is constitutional and does not violate doctrine of separation of powers. State v. Beard, 274 Kan. 181, 49 P.3d 492 (2002).

23. Court satisfies requirement of section by considering appropriateness of placement at Labette correctional conservation camp. State v. Oster, 30 Kan. App. 2d 1135, 55 P.3d 364 (2002).

24. Sentencing court required to consider a nonprison alternative; if space is available in more than one option, court must consider each option; if placement is in prison, court must state on record why defendant not placed in alternative setting. State v. Wiegand, 275 Kan. 841, 69 P.3d 627 (2003).

25. Department of corrections can collect restitution from defendant's inmate account with exception of $10 per month. Puckett v. Bruce, 276 Kan. 59, 73 P.3d 736 (2003).

26. Order of restitution affirmed where tools taken by defendant placed in defendant's truck, truck towed to a parking lot by police, but tools never recovered. State v. Sammons, 276 Kan. 574, 78 P.3d 470 (2003).

27. No error in ordering restitution in amount of $1000 per month during postrelease supervision. State v. Goeller, 276 Kan. 578, 77 P.3d 1272 (2003).

28. Court considered placement at boot camp before imposing imprisonment. State v. Owens, 31 Kan. App. 2d 519, 67 P.3d 164 (2003).

29. Where appellate court has decided a particular issue, trial court foreclosed from reconsidering issue on remand. State v, Reed, 31 Kan. App. 2d 1025, 77 P.3d 153 (2003).

30. Trial court required to consider on record placement at Labette correctional conservation camp. State v. Martin, 32 Kan. App. 2d 642, 87 P.3d 337 (2004).

31. No error for court to impose no contact order with victim's mother during period of incarceration. State v. Post, 32 Kan. App. 2d 1222, 96 P.3d 662 (2004).

32. Restitution order must be based upon causal link between defendant's actions and victim's losses; defendant deemed to acquiesce in amount in excess of charged amount. State v. Dyer, 33 Kan. App. 2d 766, 108 P.3d 1010 (2005).

33. Discussed regarding revocation of defendant's probation. State v. Gumfory, 281 Kan. 1168, 1171, 135 P.3d 1191 (2006).

34. Imposition of incarceration under subsection (f) applies only where offender on felony release pursuant to Kansas statute. State v. Voss, 36 Kan. App. 2d 127, 131, 137 P.3d 1077 (2006).

35. Restitution reversed, purchase of security system tangential cost incurred not cost caused by the crime. State v. Chambers, 36 Kan. App. 2d 228, 241, 138 P.3d 405 (2006).

36. Mentioned in case where crime severity level resulted in presumptive probation but special rule applied requiring incarceration. State v. Kraft, 38 Kan. App. 2d 215, 217, 163 P.3d 361 (2007).

37. When new felony is committed while on probation, imprisonment for new presumptive probation crime permitted. State v. Chetwood, 38 Kan. App. 2d 620, 170 P.3d 436 (2007).

38. Expenses for lodging and overtime for law enforcement guarding hospitalized defendant not properly ordered for restitution. State v. Durham, 38 Kan. App. 2d 791, 172 P.3d 88 (2007).

39. Court must consider on the record the financial resources of defendant and burden BIDS fees will impose. State v. Davis, 284 Kan. 728, 740, 163 P.3d 1224 (2007).

40. Cited in opinion holding that juveniles have a constitutional right to jury trials. In re L.M., 286 Kan. 460, 468, 469, 186 P.3d 164 (2008).

41. Cited; no jail time credit for time in inpatient treatment required by mandatory drug abuse treatment program. State v. Preston, 287 Kan. 181 to 186, 188, 189, 195 P.3d 240 (2008).

42. Under facts of case, subsection (g) inapplicable where court has obligation under subsection (n) to order defendant to prison. State v. Bee, 39 Kan. App. 2d 139 to 148, 179 P.3d 466 (2008).

43. Mentioned; state breached plea agreement; prosecutor provided negative comments and no rationale for accepting plea agreement. State v. Foster, 39 Kan. App. 2d 380, 382, 180 P.3d 1074 (2008).

44. Cited in decision holding that juvenile adjudications are excluded from cases calling for consecutive adult sentences. State v. Crawford, 39 Kan. App. 2d 897, 900, 902, 185 P.3d 315 (2008).

45. Cited; when crime committed while defendant on probation, court may impose prison sentence in a presumptive probation case. State v. Snow, 40 Kan. App. 2d 747, 749, 195 P.3d 282 (2008).

46. Cited; court not required to impose a nonprison sentence even when such sentence is presumed, when. State v. Andelt, 40 Kan. App. 2d 796 to 799, 195 P.3d 1220 (2008).

47. Court discusses differing burdens regarding orders of restitution under K.S.A. 21-4603d and BIDS attorney fees under K.S.A. 22-4513. State v. King, 288 Kan. 333, 204 P.3d 585 (2009).

48. Defendant who fails to participate in ordered drug abuse treatment program is subject to serve underlying prison sentence. State v. Bee, 288 Kan. 733, 207 P.3d 244 (2009).

49. Disposition at sentencing may include BIDS administrative fee unless waived by court. State v. Phillips, 289 Kan. 28, 210 P.3d 93 (2009).

50. Drug treatment programs mandatory for individuals who qualify under K.S.A. 21-4729. State v. Andelt, 289 Kan. 763, 217 P.3d 976 (2009).

51. Court is required to impose the adult sentence when juvenile violates conditions of juvenile sentence under K.S.A. 38-2364. In re E.F., 41 Kan. App. 2d 860, 205 P.3d 787 (2009).

52. Drug treatment sanction trumps the prison sanction outlined in K.S.A. 21-4603d (f)(3). State v. Casey, 42 Kan. App. 2d 309, 211 P.3d 847 (2009).

53. District court failed to consider placement at Labette facility as required by K.S.A. 21-4603d(g); affirmed because facility no longer available. State v. Johnson, 42 Kan. App. 2d 356, 211 P.3d 861 (2009).

54. Felony conviction of aggravated battery while on felony probation subjects defendant to a nondeparture sentence of imprisonment. State v. Curreri, 42 Kan. App. 2d 460, 213 P.3d 1084 (2009).

55. Failure to comply with the requirements not reversible error when no alternative sanctions available. State v. Bonner, 290 Kan. 290, 227 P.3d 1 (2010).

56. No contact condition of defendant's sentence vacated as illegal sentence. State v. Plotner, 290 Kan. 774, 235 P.3d 417 (2010).

57. The restitution award including the moving expenses of a victim is affirmed. State v. Hall, 298 Kan. 978, 319 P.3d 506 (2014).