Kansas Statutes
Article 68 - Revised Sentencing Guidelines
21-6818 Departure sentencing; limitations.

21-6818. Departure sentencing; limitations. (a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section. The sentencing judge shall not impose a downward dispositional departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 2021 Supp. 21-6815, and amendments thereto. The sentencing judge shall not impose a downward durational departure sentence for any crime of extreme sexual violence, as defined in K.S.A. 2021 Supp. 21-6815, and amendments thereto, to less than 50% of the center of the range of the sentence for such crime.
(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment:
(1) The judge shall consider and apply the sentencing guidelines, to impose a sentence that is proportionate to the severity of the crime of conviction and the offender's criminal history; and
(2) the presumptive term of imprisonment set in such departure shall not total more than double the maximum duration of the presumptive imprisonment term.
(c) When a sentencing judge imposes a prison term as a dispositional departure:
(1) The judge shall consider and apply the sentencing guidelines to impose a sentence that is proportionate to the severity of the crime of conviction; and
(2) the term of imprisonment shall not exceed the maximum duration of the presumptive imprisonment term listed within the sentencing grid. Any sentence inconsistent with the provisions of this section shall constitute an additional departure and shall require substantial and compelling reasons independent of the reasons given for the dispositional departure.
(d) If the sentencing judge imposes a nonprison sentence as a dispositional departure from the guidelines, the recommended duration shall be as provided in subsection (c) of K.S.A. 2021 Supp. 21-6608, and amendments thereto.
History: L. 2010, ch. 136, § 299; L. 2011, ch. 30, § 82; July 1.

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Structure Kansas Statutes

Kansas Statutes

Chapter 21 - Crimes And Punishments

Article 68 - Revised Sentencing Guidelines

21-6801 Citation of article.

21-6802 Basis for applying sentencing guidelines and prosecuting standards; sentencing court to consider alternatives determining appropriate sentence; determination of time when crime committed; law applicable.

21-6803 Definitions.

21-6804 Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition.

21-6805 Sentencing grid for drug crimes; authority and responsibility of sentencing court; presumptive disposition.

21-6806 Sentences of imprisonment, good time; pronouncement of sentence in felony cases; off-grid crimes.

21-6807 Crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the plea.

21-6808 Crime severity scale for drug crimes, application; presumptive sentences.

21-6809 Criminal history categories in criminal history scale.

21-6810 Criminal history categories, basis; determination of offenders classification; decay factors; prior convictions.

21-6811 Determination of offender's criminal history classification in presumptive sentencing guidelines grids.

21-6811b Determination of offender's criminal history; severability.

21-6811d Calculating an offender's criminal history; severability.

21-6812 Actions which prosecutors may take under agreements with defendants for plea; exceptions relating to prior convictions.

21-6813 Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format.

21-6814 Offender's criminal history; admission in court or determined by judge; burden of proof; notice of error by offender.

21-6815 Imposition of presumptive sentence; jury requirements; departure sentencing; substantial and compelling reasons for departure; mitigating and aggravating factors.

21-6816 Departure sentencing for drug crimes; finding substantial and compelling reasons for departure; aggravating factors considered in determining if reasons exist.

21-6817 Departure sentencing; hearing; notice; findings of fact and conclusions of law; order; upward durational departure sentencing; procedures and jury requirements.

21-6818 Departure sentencing; limitations.

21-6819 Sentencing in multiple conviction cases; discretion of judge to impose concurrent or consecutive sentences; requirements applicable; departure sentencing based on aggravating factors.

21-6820 Departure sentence subject to appeal; confinement or release of defendant pending review; scope of review; action by court; written opinion, when; summary disposition; correction of arithmetic or clerical errors.

21-6821 Good time and program credits; calculation; forfeiture; rules and regulations of secretary; liability.

21-6822 Sentencing guidelines; changes in; duties of sentencing commission and secretary of corrections; submission to legislature.

21-6823 Costs and expenses associated with postconviction sanctions for felony convictions.

21-6824 Nonprison sanction; certified drug abuse treatment programs; assessment; supervision by community corrections or court services; discharge from program; exceptions to placement in program; transfer of supervision.

21-6825 Certified drug abuse treatment program for persons who have entered into a diversion agreement; supervision by community corrections or court services; discharge from program; exceptions to placement in program.