HB 2552

                           HOUSE BILL No. 2552
AN ACT concerning crimes, punishment and criminal procedure; relating to reports and
   records; requiring presentence investigation reports and journal entries to be
   completed and submitted in the form and manner prescribed by the Kansas
   sentencing commission; amending K.S.A. 21-6813, 22-3426, 22-3426a and 22-3439
   and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
    Section 1. K.S.A. 21-6813 is hereby amended to read as follows:
21-6813. (a) The court shall order the preparation of the presentence
investigation report by the court services officer as soon as possible
after conviction of the defendant.
    (b) Each presentence investigation report prepared for an offender
to be sentenced for one or more felonies committed on or after July 1,
1993, shall be limited to the following information:
    (1) A summary of the factual circumstances of the crime or crimes
of conviction.
    (2) If the defendant desires to do so, a summary of the defendant's
version of the crime.
    (3) When there is an identifiable victim, a victim report. The
person preparing the victim report shall submit the report to the victim
and request that the information be returned to be submitted as a part of
the presentence investigation. To the extent possible, the report shall
include a complete listing of restitution for damages suffered by the
victim.
    (4) An appropriate classification of each crime of conviction on
the crime severity scale.
    (5) A listing of prior adult convictions or juvenile adjudications
for felony or misdemeanor crimes or violations of county resolutions or
city ordinances comparable to any misdemeanor defined by state law.
Such listing shall include an assessment of the appropriate
classification of the criminal history on the criminal history scale and
the source of information regarding each listed prior conviction and any
available source of journal entries or other documents through which
the listed convictions may be verified. If any such journal entries or
other documents are obtained by the court services officer, they shall be
attached to the presentence investigation report. Any prior criminal
history worksheets of the defendant shall also be attached.
    (6) A proposed grid block classification for each crime, or crimes
of conviction and the presumptive sentence for each crime, or crimes of
conviction.
    (7) If the proposed grid block classification is a grid block that
presumes imprisonment, the presumptive prison term range and the
presumptive duration of postprison supervision as it relates to the crime
severity scale.
    (8) If the proposed grid block classification does not presume
prison, the presumptive prison term range and the presumptive duration
of the nonprison sanction as it relates to the crime severity scale and the
court services officer's professional assessment as to recommendations
for conditions to be mandated as part of the nonprison sanction.
    (9) For defendants who are being sentenced for a conviction of a
felony violation of K.S.A. 65-4160 or 65-4162, prior to their repeal, or
K.S.A. 21-5706, and amendments thereto, and meet the requirements of
K.S.A. 21-6824, and amendments thereto, the drug abuse assessment as
provided in K.S.A. 21-6824, and amendments thereto.
    (10) For defendants who are being sentenced for a third or
subsequent felony conviction of a violation of K.S.A. 65-4160 or 65-
4162, prior to their repeal, or K.S.A. 21-5706, and amendments thereto,
the drug abuse assessment as provided in K.S.A. 21-6824, and
amendments thereto.
    (c) The presentence investigation report will become part of the
court record and shall be accessible to the public, except that the
official version, defendant's version and the victim's statement, any
psychological reports, risk and needs assessments and drug and alcohol
reports and assessments shall be accessible only to: The parties; the
sentencing judge; the department of corrections; community
                   HOUSE BILL No. 2552—page 2
correctional services; any entity required to receive the information
under the interstate compact for adult offender supervision; and, if
requested, the Kansas sentencing commission. If the offender is
committed to the custody of the secretary of corrections, the report
shall be sent to the secretary and, in accordance with K.S.A. 75-5220,
and amendments thereto, to the warden of the state correctional
institution to which the defendant is conveyed.
    (d) The criminal history worksheet will not substitute as a
presentence investigation report.
    (e) The presentence investigation report will not include optional
report components, which would be subject to the discretion of the
sentencing court in each district except for psychological reports and
drug and alcohol reports.
    (f) Except as provided in K.S.A. 21-6814, and amendments
thereto, the court may take judicial notice in a subsequent felony
proceeding of an earlier presentence investigation report criminal
history worksheet prepared for a prior sentencing of the defendant for a
felony committed on or after July 1, 1993.
    (g) All presentence investigation reports in any case in which the
defendant has been convicted of a felony shall be on a form approved
completed and submitted in the form and manner prescribed by the
Kansas sentencing commission.
    Sec. 2. K.S.A. 22-3426 is hereby amended to read as follows: 22-
3426. (a) When judgment is rendered or sentence of imprisonment is
imposed, upon a plea or verdict of guilty, a record thereof shall be made
upon the journal of the court, reflecting, if applicable, conviction or
other judgment, the sentence if imposed, and the commitment, which
record among other things shall contain a statement of the crime
charged, and under what statute; the plea or verdict and the judgment
rendered or sentence imposed, and under what statute, and a statement
that the defendant was duly represented by counsel naming such
counsel, or a statement that the defendant has stated on the record or in
writing that the defendant did not want representation of counsel.
    (b) If defendant is sentenced to the custody of the secretary of
corrections the journal entry shall record, in a judgment form, if used,
all the information required under K.S.A. 21-6711, and amendments
thereto, unless such section is not applicable.
    (c) It shall be the duty of the court personally to examine and sign
the journal entry and to sign the same.
    (d) For felony convictions for crimes committed on or after July 1,
1993, in addition to the provisions of subsections (a) through (c), the
journal entry shall contain the following information:
    (1) Court case number;
    (2) Kansas bureau of investigation number;
    (3) case transaction number;
    (4) court O.R.I. number;
    (5) the type of counsel;
    (6) type of trial, if any;
    (7) pretrial status of the offender;
    (8) the date of the sentencing hearing;
    (9) a listing of offenses for which the defendant is convicted;
    (10) the criminal history classification;
    (11) the sentence imposed for each offense including postrelease
or probation supervision durations;
    (12) whether the sentences run concurrently or consecutively;
    (13) amount of credit for time spent incarcerated;
    (14) period ordered in county jail as a condition of probation;
    (15) a listing of offenses in which a departure sentence is imposed;
    (16) type of departure sentence; and
    (17) factors cited as a basis for departure sentence.
    (e) The journal entry shall be recorded on a form approved
completed and submitted in the form and manner prescribed by the
Kansas sentencing commission.
    Sec. 3. K.S.A. 22-3426a is hereby amended to read as follows: 22-
                   HOUSE BILL No. 2552—page 3
3426a. (a) For crimes committed on or after July 1, 1993, when a
convicted person is revoked for a probation violation, a record thereof
shall be made upon the journal of the court. Such journal entry shall
include:
    (1) Court case number;
    (2) Kansas bureau of investigation number;
    (3) case transaction number;
    (4) court O.R.I. number;
    (5) name of the judge who heard the evidence;
    (6) those present and whether defendant's counsel was appointed
or retained;
    (7) date violator was sentenced to department of corrections;
    (8) offenses for which defendant was sentenced and time to be
served for each crime;
    (9) total imprisonment term;
    (10) supervision revoked;
    (11) date motion to revoke defendant's probation was filed; and
    (12) whether there are sufficient evidence and grounds for the
court to revoke defendant's probation.
    (b) It shall be the duty of the court to personally examine and sign
the journal entry and sign the same.
    (c) The journal entry shall be recorded on a form approved
completed and submitted in the form and manner prescribed by the
Kansas sentencing commission.
    Sec. 4. K.S.A. 22-3439 is hereby amended to read as follows: 22-
3439. (a) For all felony convictions for offenses committed on or after
July 1, 1993, the court shall forward a signed copy of the journal entry,
attached together with the presentence investigation report as provided
by K.S.A. 21-6813, and amendments thereto, to the Kansas sentencing
commission within 30 days after sentencing.
    (b) For probation revocations which result in the defendant's
imprisonment in the custody of the department of corrections, the court
shall forward a signed copy of the journal entry of revocation to the
Kansas sentencing commission within 30 days of final disposition.
    (c) The court shall insure ensure that information concerning
dispositions for all other felony probation revocations based upon
crimes committed on or after July 1, 1993, and for all class A and B
misdemeanor crimes and assault as defined in K.S.A. 21-3408, prior to
its repeal, or subsection (a) of K.S.A. 21-5412(a), and amendments
thereto, committed on or after July 1, 1993, is forwarded to the Kansas
bureau of investigation central repository. Such information shall be
transmitted on a form or in a format approved by the attorney general
within 30 days of that final disposition.
    (d) All documents required to be forwarded to the Kansas
sentencing commission pursuant to this section shall be completed and
submitted in the form and manner prescribed by the commission. The
court shall not receive or recognize as valid such documents that are
completed and submitted in any other form and manner.
                           HOUSE BILL No. 2552—page 4
   Sec. 5. K.S.A. 21-6813, 22-3426, 22-3426a and 22-3439 are
hereby repealed.
   Sec. 6. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
                                                                                     Speaker of the House.
                                                                                Chief Clerk of the House.
Passed the SENATE  ______________________________________________________________________________
                                                                                   President of the Senate.
                                                                                   Secretary of the Senate.
APPROVED   __________________________________________________________________________________________________
                                                                                                       Governor.