For all felony committed on or after July 1, 1993, the judge, using the Kansas Sentencing Guidelines Act, determines the length of a sentence. For all grid crimes this will result in a definite term of months. For all non-grid crimes, like felony DUI and domestic battery, the sentence will be determined by the judge with a maximum of one year. For all off-grid crimes the sentence will be life. These are the only crimes since July 1993 from which a person may be paroled.
There are several different off-grid crimes; first degree capital murder, first degree premeditated murder, first degree felony murder, aggravated human trafficking, terrorism, use of weapons of mass destruction, treason, or any of the sexual offenses under Jessica's law.
For sentences with a life sentence the parole board will review the inmate once he is eligible for parole, which could be 15, 20, 25, 40, 50, years or never, and decide whether to release him or pass him for another review.
Can a convict get out early for a grid conviction?
Yes, How early will depend on the severity level of the crime, when it was committed and the inmate's conduct in prison.
For crimes committed before January 1, 2008, the maximum good time credit is 15%.
For drug crimes listed as severity level 3 or 4 and non-drug crimes listed as severity level 7, 8, 9 or 10 committed on or after January 1, 2008 the maximum good time credit is 20%. For all other crimes committed on or after January 1, 2008 the maximum good time credit is 15%.
Who decides whether and how much good time credit an inmates gets?
The Secretary of Corrections has adopted rules and regulations governing how good time credit is to be awarded. Rules have also been established whereby good time credit which has been awarded can be forfeited. Generally speaking good time credit is awarded on a six month review and is awarded in areas.
It is important to remember that any good time awarded while in the penitentiary will be added to the length of the inmate's post release supervision. Consider for example an inmate who had sentence of 10 months and a post release supervision duration of 12 months who received all 20% of his possible good time credit. He would serve 8 months in the penitentiary (10 months minus 2 months [20%] good time) but would have to serve 14 months on post release supervision (12 months plus 2 months from the good time award).
What is Post Release Supervision?
Post release supervision is the new name given by the legislature to parole in 1993. It allowed the legislature to appear "tough on crime" by getting rid of parole. All it really did was change the name and make the release mandatory once the inmate had served all his sentence less the good time credit awarded. It removed the discretion in "early release."
The period of post release supervision is set by the judge at time of sentencing. If a person receives and completes probation he will never deal with post release. The length of post release is determined by the judge within certain guidelines. It is uncommon for the judge to vary from the usual lengths set out by severity level of the crime. These lengths are 12, 24, and 36 months.
An offender will have to report to the post release officer, take random US's, pay off court costs and follow other specific and standard conditions of post release.
Can Post Release Supervision be revoked?
It certainly can be revoked. If the revocation is for a "technical" violation the convict will be sent back to the penitentiary for a period of time, usually 3 to 6 months. If the revocation is based on a new conviction the convict will have to finish however much time remains on his post release term and then start any new sentence.
It is also possible to terminate a post release term early. The period of post release supervision may be reduced by up to 6 or 12 months, depending on the severity level of the crime, based on the offender's compliance with conditions of supervision and overall performance while on post release supervision. The reduction in the supervision period shall be on an earned basis pursuant to rules and regulations adopted by the secretary of corrections.
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