Printable Format22-3718. Conditional release; notice. Upon release, an inmate who has served the inmate's maximum term or terms, less such work and good behavior credits as have been earned, shall be subject to such written rules and conditions as the prisoner review board may impose, until the expiration of the maximum term or terms for which the inmate was sentenced or until the inmate is otherwise discharged. If the court which sentenced an inmate specified at the time of sentencing the amount and the recipient of any restitution ordered as a condition of release pursuant to this section, the board may set aside restitution as a condition of release payment of restitution, if the board finds compelling circumstances which would render a plan of restitution unworkable. If the court which sentenced an inmate specified reimbursement of all or part of the expenditures by the state board of indigents' defense services as a condition of release, the board may set aside such reimbursement, if the board finds compelling circumstances which would render a plan of reimbursement unworkable. Prior to the release of any inmate on parole, conditional release or expiration of sentence, if an inmate is released into the community under a program under the supervision of the secretary of corrections, the secretary shall give written notice of such release to any victim or victim's family as provided in K.S.A. 22-3727, and amendments thereto.
History: L. 1970, ch. 129, § 22-3718; L. 1972, ch. 317, § 91; L. 1986, ch. 128, § 4; L. 1989, ch. 103, § 2; L. 1993, ch. 166, § 8; L. 1995, ch. 257, § 4; L. 1997, ch. 23, § 6; L. 1997, ch. 181, § 21; L. 2012, ch. 16, § 16; July 1.
Source or Prior Law:
62-2246.
Law Review and Bar Journal References:
Parole eligibility for prisoners serving consecutive sentences in Kansas, Malcolm E. Wheeler, 21 K.L.R. 167 (1973).
"Survey of Kansas Tort Law," William E. Westerbeke and Reginald L. Robinson, 37 K.L.R. 1005, 1071 (1989).
"Parole in Kansas," Carla J. Stovall, 60 J.K.B.A. No. 7, 27, 28 (1991).
Attorney General's Opinions:
Classification of crimes and penalties; prospective application of increased penalties. 82-187.
Release procedures; conditional release; enforcement of conditions. 84-17.
Ex post facto clause discussed and applied regarding bill concerning post incarceration supervision. 2008-14.
CASE ANNOTATIONS
1. Conditional release is mandatory, not discretionary; imposition of conditions is discretionary. Beck v. Kansas Adult Authority, 241 Kan. 13, 19, 29, 30, 34, 735 P.2d 222 (1987).
2. Kansas Adult Authority members immune from state tort claims for release of individual where exercise of discretionary function not involved. Beck v. Kansas University Psychiatry Foundation, 671 F. Supp. 1552, 1555 (1987).
3. Probation and parole distinguished; conditional release as distinguished from probation and parole noted. Parker v. State, 247 Kan. 214, 218, 795 P.2d 68 (1990).
4. Parole board's implementation of revised conditional release policies noted as prospective only and not ex post facto punishment. Wishteyah v. Kansas Parole Board, 17 Kan. App. 2d 480, 481, 838 P.2d 371 (1992).
5. Imprisonment allowed for new offense committed while inmate on conditional release; conditional release defined. State v. Arculeo, 22 Kan. App. 2d 91, 93, 911 P.2d 818 (1996).
6. Defendant who commits new felony while released pending sentencing for previous felony is not on conditional release under K.S.A. 21-4603d. State v. Arculeo, 261 Kan. 286, 288, 933 P.2d 122 (1997).
7. Defendant on probation for suspended sentence is not equivalent to being on conditional release for sentencing conversion purposes. Karlowski v. Simmons, 24 Kan. App. 2d 887, 888, 954 P.2d 728 (1998).
8. Where conditional release date is after date of parole, parole violation is also violation of conditions of conditional release. Parsons v. Bruce, 270 Kan. 839, 19 P.3d 127 (2001).