21-6602. Classification of misdemeanors and terms of confinement; possible disposition. (a) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established:
(1) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year;
(2) class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;
(3) class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and
(4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.
(b) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 2021 Supp. 21-6611, and amendments thereto, instead of or in addition to confinement, as provided in this section.
(c) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary for aging and disability services.
(d) Except as provided in subsection (e), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under K.S.A. 8-1599, 41-719 or 41-727 or K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.
(e) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (d) are permissive and not mandatory.
History: L. 2010, ch. 136, § 242; L. 2011, ch. 30, § 62; L. 2014, ch. 115, § 23; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
21-6602 Classification of misdemeanors and terms of confinement; possible disposition.
21-6604 Authorized dispositions; crimes committed on or after July 1, 1993.
21-6605 Custody of persons sentenced to confinement; notice of modification of sentence.
21-6611 Fines; crimes committed on or after July 1, 1993.
21-6612 Criteria for imposing fines.
21-6613 Rights of imprisoned persons; restoration.
21-6616 Parole from sentence imposed by district magistrate judge.
21-6619 Same; automatic review by and appeal to supreme court.
21-6623 Imposition of sentence of mandatory imprisonment of 40 or 50 years.
21-6624 Aggravating circumstances.
21-6625 Mitigating circumstances.
21-6627 Mandatory term of imprisonment of 25 or 40 years for certain offenders; exceptions.
21-6629 Application of prior law and current law.
21-6630 Sentencing of certain veterans; mental health treatment; drug abuse treatment.