21-4611.
History: L. 1969, ch. 180, § 21-4611; L. 1977, ch. 118, § 1; L. 1978, ch. 120, § 10; L. 1986, ch. 123, § 12; L. 1992, ch. 239, § 245; L. 1993, ch. 291, § 185; L. 1996, ch. 258, § 4; L. 2000, ch. 182, § 6; L. 2009, ch. 132, § 9; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Source or Prior Law:
62-2243.
Cross References to Related Sections:
Probation unavailable for defendants who used firearms in certain crimes committed prior to July 1, 1993, see 21-4618.
Nonsupport of child or spouse, see 21-3605.
Law Review and Bar Journal References:
"Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W.L.J. 344, 370 (1981).
"A Comment on Kansas' New Drunk Driving Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 241 (1982).
"Nonsupport of Children: Criminal Prosecution as an Alternative," Michael W. Laster, J.K.T.L.A. Vol. XV, No. 5, 27, 29 (1992).
"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).
"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).
Attorney General's Opinions:
Governor's executive powers; judicial powers; community correctional services; parole; probation. 91-161.
Extension of period of probation for failure to pay fines or restitution. 2000-59.
CASE ANNOTATIONS
1. Cited; defendant properly resentenced under habitual criminal act. State v. Eaton, 213 Kan. 86, 89, 515 P.2d 807.
2. Fact defendant violating K.S.A. 8-286 placed on probation for three years noted. State v. Garton, 2 Kan. App. 2d 709, 710, 586 P.2d 1386.
3. Limitations on conditions of probation and parole (K.S.A. 21-4602) determined. State v. Mosburg, 13 Kan. App. 2d 257, 261, 768 P.2d 313 (1989).
4. Time during which probation may be revoked examined; probation period held limited to maximum sentence time. State v. Grimsley, 15 Kan. App. 2d 441, 443, 808 P.2d 1387 (1991).
5. Court has no jurisdiction over probationer who is discharged. State v. Farmer, 16 Kan. App. 2d 419, 420, 824 P.2d 998 (1992).
6. Whether jurisdiction exists to revoke probation when probation term expires after proceedings initiated but before revocation order issued examined. State v. Williams, 20 Kan. App. 2d 142, 144, 884 P.2d 743 (1994).
7. Whether term of probation may be extended to the maximum statutory terms provided for crimes charged examined. State v. Shaffer, 20 Kan. App. 2d 347, 348, 351, 887 P.2d 1165 (1995).
8. Whether statutory limitations on probation apply to nonprison sanctions examined. State v. Dillard, 20 Kan. App. 2d 660, 663, 890 P.2d 1248 (1995).
9. Appellate standard of review for downward durational departure sentence is abuse of discretion. State v. Favela, 259 Kan. 215, 220, 241, 911 P.2d 792 (1996).
10. Several grounds sufficient to justify revocation of probation. State v. Ferguson, 271 Kan. 613, 24 P.3d 113 (2001).
11. No statutory or constitutional right to counsel during hearing to extend probation. State v. McDonald, 272 Kan. 222, 32 P.3d 1167 (2001).
12. Without making necessary findings, court may not extend probation longer than term set by statute. State v. Jones, 30 Kan. App. 2d 210, 41 P.3d 293 (2001).
13. Appeal of probation term not moot by revocation of probation if motion to revoke was filed after expiration of probation term. State v. McIntyre, 30 Kan. App. 2d 705, 46 P.3d 1212 (2002).
14. Motion to revoke probation must be filed within term of probation. State v. Gordon, 30 Kan. App. 2d 852, 50 P.3d 100 (2002).
15. Failure of legislature to provide for hearing prior to extension of probation not a violation of due process rights. State v. Gordon, 275 Kan. 393, 66 P.3d 903 (2003).
16. Subsection (c)(5) applies only to initial setting of term of defendant's probation, not when probation is later revoked. State v. Purdy, 31 Kan. App. 2d 1087, 77 P.3d 514 (2003).
17. Section applies when court sets initial term of probation but not when probation is later revoked and reinstated for a longer period. State v. Purdy, 277 Kan. 730, 89 P.3d 591 (2004).
18. Probationer may waive requirement of formal hearing and finding of necessity to extend probation. State v. McCreary, 32 Kan. App. 2d 814, 89 P.3d 659 (2004).
19. Court had no jurisdiction to extend probation as defendant has statutory right to a hearing on issue and defendant not so advised. State v. Freeman, 32 Kan. App. 2d 1027, 93 P.3d 1223 (2004).
20. Cited; section addresses duration of defendant's term of probation. State v. Holt, 39 Kan. App. 2d 741, 742, 744, 745, 186 P.3d 803 (2008).
21. Deviation from recommended term of probation under K.S.A. 21-4611 requires court to state on record substantial and compelling reasons. State v. Schad, 41 Kan. App. 2d 805, 206 P.3d 22 (2009).
22. Procedural requirements not met; extension of probation held invalid. State v. Hoffman, 45 Kan. App. 2d 272, 245 P.3d 992 (2011).
23. Notice and opportunity requirements satisfied; no due process violation. State v. Grossman, 45 Kan. App. 2d 420, 248 P.3d 776 (2011).
24. District court did not have jurisdiction to resentence defendant to correct errors in his original sentence after his original sentence would have expired but for the errors. State v. Alonzo, 296 Kan. 1052, 297 P.3d 300 (2013).
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