2009 Kansas Code
Chapter 21 CRIMES AND PUNISHMENTS
Article 46 SENTENCING
21-4602. Definitions.

21-4602

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

      21-4602.   Definitions. As used in K.S.A. 21-4601 through 21-4621, and amendments thereto:

      (a)   "Court" means any court having jurisdiction and power to sentence offenders for violations of the laws of this state.

      (b)   "Suspension of sentence" means a procedure under which a defendant, found guilty of a crime, upon verdict or plea, is released by the court without imposition of sentence. The release may be with or without supervision in the discretion of the court. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of suspension of sentence pursuant to subsection (b)(4) of K.S.A. 21-4603 and amendments thereto.

      (c)   "Probation" means a procedure under which a defendant, found guilty of a crime upon verdict or plea, is released by the court after imposition of sentence, without imprisonment except as provided in felony cases, subject to conditions imposed by the court and subject to the supervision of the probation service of the court or community corrections. In felony cases, the court may include confinement in a county jail not to exceed 60 days, which need not be served consecutively, as a condition of an original probation sentence and up to 60 days in a county jail upon each revocation of the probation sentence pursuant to subsection (b)(3) of K.S.A. 21-4603 and amendments thereto.

      (d)   "Parole" means the release of a prisoner to the community by the Kansas parole board prior to the expiration of such prisoner's term, subject to conditions imposed by the board and to the secretary of correction's supervision. Parole also means the release by a court of competent jurisdiction of a person confined in the county jail or other local place of detention after conviction and prior to expiration of such person's term, subject to conditions imposed by the court and its supervision. Where a court or other authority has filed a warrant against the prisoner, the Kansas parole board or paroling court may release the prisoner on parole to answer the warrant of such court or authority.

      (e)   "Correctional institution" means the Lansing correctional facility, Hutchinson correctional facility, Topeka correctional facility, Norton correctional facility, Ellsworth correctional facility, Winfield correctional facility, Osawatomie correctional facility, Larned correctional mental health facility, Toronto correctional work facility, Stockton correctional facility, Wichita work release facility, El Dorado correctional facility, and any other correctional institution established by the state for the confinement of offenders, and under control of the secretary of corrections.

      (f)   "Community correctional services program" means a program which operates under the community corrections act and to which a defendant is assigned for supervision, confinement, detention, care or treatment, subject to conditions imposed by the court. A defendant assigned to a community correctional services program shall be subject to the continuing jurisdiction of the court and in no event shall be considered to be in the custody of or under the supervision of the secretary of corrections.

      (g)   "Postrelease supervision," for crimes committed on or after July 1, 1993, means the same as provided in K.S.A. 21-4703 and amendments thereto.

      History:   L. 1969, ch. 180, § 21-4602; L. 1973, ch. 339, § 74; L. 1983, ch. 284, § 2; L. 1986, ch. 123, § 5; L. 1987, ch. 335, § 4; L. 1990, ch. 309, § 12; L. 1991, ch. 88, § 1; L. 1991, ch. 89, § 3; L. 1992, ch. 245, § 2; L. 1993, ch. 291, § 181; L. 2000, ch. 182, § 1; May 25.