2006 Kansas Code - 21-4703

      21-4703.   Definitions. As used in this act:

      (a)   "Aggravating factors" mean substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence outside the standard sentencing range for a crime. Aggravating factors may result in dispositional or durational departures and shall be stated on the record by the court;

      (b)   "commission" means the Kansas sentencing commission;

      (c)   "criminal history" means and includes adult felony, class A misdemeanor, class B person misdemeanor, or select misdemeanor convictions and comparable juvenile adjudications possessed by an offender at the time such offender is sentenced;

      (d)   "criminal history score" means the summation of the convictions described as criminal history that place an offender in one of the criminal history score categories listed on the horizontal axis of the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes;

      (e)   "decay factor" means prior convictions that are no longer considered as part of an offender's criminal history score;

      (f)   "departure" means a sentence which is inconsistent with the presumptive sentence for an offender;

      (g)   "dispositional departure" means a sentence which is inconsistent with the presumptive sentence by imposing a nonprison sanction when the presumptive sentence is prison or prison when the presumptive sentence is nonimprisonment;

      (h)   "dispositional line" means the solid black line on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes which separates the grid blocks in which the presumptive sentence is a term of imprisonment and postrelease supervision from the grid blocks in which the presumptive sentence is nonimprisonment which may include local custodial sanctions;

      (i)   "durational departure" means a sentence which is inconsistent with the presumptive sentence as to term of imprisonment, or term of nonimprisonment;

      (j)   "good time" means a method of behavior control or sanctions utilized by the department of corrections. Good time can result in a decrease of up to 20% of the prison part of the sentence.

      (k)   "grid" means the sentencing guidelines grid for nondrug crimes as provided in K.S.A. 21-4704 or the sentencing guidelines grid for drug crimes as provided in K.S.A. 21-4705, or both;

      (l)   "grid block" means a box on the grid formed by the intersection of the crime severity ranking of a current crime of conviction and an offender's criminal history classification;

      (m)   "imprisonment" means imprisonment in a facility operated by the Kansas department of corrections;

      (n)   "mitigating factors" means substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence outside of the standard sentencing range for an offense. Mitigating factors may result in dispositional or durational departures and shall be stated on the record by the court;

      (o)   "nonimprisonment," "nonprison" or "nonprison sanction" means probation, community corrections, conservation camp, house arrest or any other community based disposition;

      (p)   "postrelease supervision" means the release of a prisoner to the community after having served a period of imprisonment or equivalent time served in a facility where credit for time served is awarded as set forth by the court, subject to conditions imposed by the Kansas parole board and to the secretary of correction's supervision;

      (q)   "presumptive sentence" means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime severity ranking of the current crime of conviction and the offender's criminal history;

      (r)   "prison" means a facility operated by the Kansas department of corrections; and

      (s)   "sentencing range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

      History:   L. 1992, ch. 239, § 3; L. 1994, ch. 291, § 49; July 1.