Criminal Justice (Sentencing)

HB 2401 modifies Kansas sentencing guidelines to prevent using prior convictions for crimes later deemed unconstitutional by a higher court in criminal history scoring. It directly affects individuals with prior convictions for laws invalidated by appellate courts, ensuring those convictions no longer impact sentencing severity. The bill adds a specific provision to Kansas law (K.S.A. 21-6810) stating such prior convictions cannot be counted unless the court’s ruling on unconstitutionality is later reversed by the Kansas Supreme Court or U.S. Supreme Court. This change applies to all future sentencing cases where the prior conviction stems from a statute found unconstitutional. The bill does not alter current sentences but prevents the use of these invalidated convictions in calculating criminal history scores.

HB 2326 amends Kansas sentencing laws to require judges to consider whether an offender has physical custody of their minor child or is a legal guardian with physical custody of a minor child at the time of sentencing or the crime. This factor is added to the list of mitigating considerations for both sentencing departures (changes to standard sentences) and diversion (avoiding conviction through alternative programs). The bill applies directly to offenders who are parents or guardians of minor children. It does not alter standard sentencing guidelines but provides an additional factor for judges to weigh in their decisions.

SB 243 requires courts to order outpatient competency evaluations for defendants charged with misdemeanors and generally for felony defendants, unless specific court findings justify inpatient evaluations. For felony cases, courts must document five key factors before ordering inpatient exams, including resource limitations, potential sentencing length, and whether the defendant faces certain serious felony charges. The bill sets a 60-day maximum limit for inpatient evaluations and prohibits using any statements made during evaluations as evidence against the defendant in court. It directly affects criminal defendants deemed incompetent to stand trial, altering how courts manage their competency assessments.

SB 255, the "Second Look Act," allows certain Kansas inmates to request a court review of their sentences after specific time periods based on their age at the time of the crime, veteran status, or completion of rehabilitation programs. Eligible inmates (e.g., those under 25 at sentencing after 10 years, 25-50 after 15 years, or over 50 after 10 years) can file a verified petition with court details, prompting a hearing where victims may testify. Courts may reduce sentences, adjust post-release supervision, or release inmates, but mandatory minimum terms remain unaffected. The bill requires victim notification and prohibits new petitions for five years after a denial.