2009 Kansas Code
Chapter 21 CRIMES AND PUNISHMENTS
Article 46 SENTENCING
21-4603b. House arrest program; eligibility; methods; notice to law enforcement officers; administration.

21-4603b

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

      21-4603b.   House arrest program; eligibility; methods; notice to law enforcement officers; administration. (a) The court or the secretary of corrections may implement a house arrest program for defendants or inmates being sentenced by the court or in the custody of the secretary of corrections, except:

      (1)   No defendant shall be placed by the court under house arrest if found guilty of:

      (A)   Any crime in article 34 or 35 of chapter 21 in the K.S.A., and amendments thereto, for which the penalty is a class A or B felony;

      (B)   K.S.A. 21-3603, and amendments thereto; or

      (C)   K.S.A. 21-3609, and amendments thereto;

      (2)   no inmate shall be placed under house arrest if such inmate's security status is greater than minimum security; or

      (3)   no inmate shall be placed under house arrest who has been denied parole by the parole board within the last 6 months. Any inmate who, while participating in the house arrest program, is denied parole by the parole board shall be allowed to remain under house arrest until the completion of the sentence or until the inmate is otherwise removed from the program.

      (b)   House arrest is an individualized program in which the freedom of an inmate is restricted within the community, home or noninstitutional residential placement and specific sanctions are imposed and enforced. House arrest may include:

      (1)   Electronic monitoring which requires a transmitter to be strapped to the defendant or inmate which broadcasts an encoded signal to the receiver located in the defendant's or inmate's home. The receiver is connected to a central office computer and is notified of any absence of the defendant or inmate; or

      (2)   voice identification-encoder which consists of an encoder worn by the defendant or inmate. A computer is programmed to randomly call the defendant or inmate and such defendant or inmate is required to provide voice identification and then insert the encoder into the verifier box, confirming identity.

      (c)   Prior to the placement of an inmate under house arrest, the court or secretary shall provide written notification to the sheriff and district or county attorney of the county in which any person under house arrest is to be placed and to the chief law enforcement officer of any incorporated city or town in which such person is to be placed of the placement of the person under house arrest within the county or incorporated city or town.

      (d)   House arrest sanctions shall be administered by the court and the secretary of corrections, respectively, through rules and regulations, and may include, but are not limited to, rehabilitative restitution in money or in kind, curfew, revocation or suspension of the driver's license, community service, deprivation of nonessential activities or privileges, or other appropriate restraints on the inmate's liberty.

      History:   L. 1988, ch. 115, § 7; May 19.