Minutes of the Kansas Sentencing Commission Meeting January 22, 2016

Transcription

1 Minutes of the Kansas Sentencing Commission Meeting January 22, 2016 The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to order on January 22, 2016 at 1:30 p.m. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative John J. Rubin Representative Janice Pauls Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Steve Karrer, Kansas Attorney General s Office Designee Chris A. Mechler, Office of Judicial Administration Interim Secretary Johnnie Goddard, Department of Corrections Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Nathan Barnes, Public Member Guests: Marie McNeal, Department of Corrections Tim Madden, Department of Corrections Mitchel DePriest, Hein Governmental Consulting, LLC Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Peacock, Utilization Review/SB 123 Program Director Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant

2 Approval of Proposed Agenda Chair Wilson asked for a motion to approve the proposed agenda. Judge Patrick McAnany moved to approve the agenda. Chris Mechler seconded the motion, and the motion carried. Approval of Minutes Chair Wilson referred to the Sentencing Commission Meeting minutes of December 17, It was requested to amend the minutes by listing Stacey Donovan in attendance. Vice Chair Fowler moved to approve the minutes as amended. Stacey Donovan seconded the motion, and the motion carried. Welcome New KSC Members Chair Wilson introduced and welcomed former Sentencing Commission member, Representative Janice Pauls; Interim Secretary of Corrections Johnnie Goddard; and Kansas Prisoner Review Board Chairman Jonathan Ogletree as new members to the Commission. Approval of Journal Entry Forms Executive Director Scott Schultz reviewed modifications made to Presentence Investigation Report (PSI). After discussion, Steve Karrer moved to approve the amended PSI. Judge Patrick McAnany seconded the motion, and the motion carried. Mr. Schultz reviewed modifications made to the Journal Entry of Judgment form. After discussion, Steve Karrer moved to approve the amended Journal Entry of Judgment form. Chris Mechler seconded the motion, and the motion carried. Mr. Schultz reviewed modifications made to the Journal Entry of Probation Violation Hearing form. After discussion, Steve Karrer moved to approve the amended Probation Violation Hearing form. Nathan Barnes seconded the motion, and the motion carried Legislative Update and Agency Report Executive Director Scott Schultz reported on a request of the House Corrections and Juvenile Justice Committee. The House Committee has requested the Commission to consider the proposed balloon amendment to House Bill 2462 and present testimony. Representative Rubin moved to request Executive Director Scott Schultz, on behalf of the Commission, testify in support of the amendment. Nathan Barnes seconded the motion, and the motion carried. Executive Director Scott Schultz provided a summary of the agency s activities since the last meeting and reviewed KDOC prison population reports. KSC Research Analyst, Ebo Browne presented the new HB 2170 Handbook and briefly discussed it. Expenses to publish the handbook are being funded through a federal grant received from The Council of State Governments Justice Center. Executive Session Chair Wilson moved to go into executive session for 15 minutes concerning personnel matters. Vice Chair Fowler seconded the motion, and the motion carried. 2

3 Returning to open session, Representative Rubin moved to return to executive session for an additional 15 minutes to discuss personnel matters. Representative Pauls seconded the motion, and the motion carried. After 15 minutes, the meeting resumed to open session. Vice Chair Fowler moved to increase the salary of Executive Director Scott Schultz to $87,000. Chair Wilson seconded the motion, and the motion carried. Judge Patrick McAnany, Steve Karrer, and Chris Mechler opposed the motion. Next Meeting The next Sentencing Commission meeting will be on February 19, 2016 at 1:30 p.m. in the Senate Room of the Jayhawk Tower. Meeting adjourned 4:14 p.m. 3

4 Minutes of the Kansas Sentencing Commission Meeting April 15, 2016 The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission meeting to order on April 15, 2016 at 1:32 p.m. Participants Members Guests Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative John J. Rubin Representative Janice Pauls Senator Carolyn McGinn Jeannie Wark, Kansas Prisoner Review Board Designee Amy J. Hanley, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Terri Williams, Secretary of Corrections Designee Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Marie McNeal, Department of Corrections Mitchel DePriest, Hein Governmental Consulting, LLC Staff Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Peacock, Utilization Review/SB 123 Program Director Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant

5 Approval of Proposed Agenda Vice Chair Fowler asked for a motion to approve the proposed agenda as written. Honorable Patrick McAnany moved to approve the agenda and Amy Hanley seconded the motion. The motion carried and the agenda was approved. Approval of Minutes Vice Chair Fowler referred to the Sentencing Commission Meeting minutes of January 22, Honorable Patrick McAnany moved to approve the minutes as written. Chris Mechler seconded the motion. The motion carried and the minutes were approved. Welcome New KSC Members Vice Chair Fowler introduced and welcomed new Sentencing Commission members Meredith Butler, who is replacing Betsy Gillespie and Terry Malone, who is replacing Shawn Elliot Legislative Update Executive Director Scott Schultz, provided a legislative update on relevant sentencing bills. The following bills were discussed: HB 2049, HB 2460, HB 2462, HB 2463, HB 2464, HB 2447, SB 367, and SB 392. Staff is currently tracking 65 bills that are significant to its duties to create legislative bed space impacts. KSC Subcommittee Solicitation Executive Director Scott Schultz proposed that a legislative committee be formed for the purpose of coordinating proposed legislative initiatives at future Commission workshops. Representative John Rubin moved to approve adding a Legislation Subcommittee. Nathan Barnes seconded the motion. The motion carried and the new Legislation Subcommittee was approved. Mr. Schultz discussed the need for replacements on the subcommittees and asked for volunteers. Meredith Butler volunteered to take Betsy Gillespie s position on the LSI-R, HB 2170, and SB 123 Subcommittees. Representative John Rubin volunteered to join the Legislative and HB 2170 Subcommittees. Stacey Donovan volunteered to join the JE Forms and Legislative Subcommittees. Representative Janice Pauls volunteered to join the Legislative and HB 2170 Subcommittees. Chair Wilson will coordinate a new committee list and distribute it by the next meeting. Chris Mechler moved to disband the LSI-R Subcommittee until further needed. Representative Tom Sawyer seconded the motion. The motion carried and the LSI-R Subcommittee is disbanded. Upon suggestion from Mr. Schultz, consensus was reached to rename each of the subcommittees as committees to more accurately reflect their hierarchy in the organization HB 2170 Update Research Analyst Ebo Browne presented data on current HB 2170 projects, which include the HB 2170 Continuing Legal Education Webinar and HB 2170 Handbook. Commission members discussed opportunities for future research pertaining to HB

6 Topic Recommendations for the Joint Committee on Corrections and Juvenile Justice Oversight Meeting Executive Director Scott Schultz advised the Commission has been asked to provide potential topics for the Committee to consider at its meeting on April 27, Representative John Rubin described the function and charge of the JCCJJO and recommended to delay any action until the KSC workshop in September to identify those topics. No further action was taken. Agency Report Executive Director Scott Schultz provided a summary of the agency s activities since the last meeting and reviewed KDOC prison population reports. Mr. Schultz informed the members that Governor Sam Brownback appointed Secretary Joseph Norwood as the Secretary of Corrections and he will begin work on May 30, Mr. Schultz also informed the members that the 2015 Annual Report created by Fengfang Lu, Senior Research Analyst, is now posted on the agency website. Mr. Schultz stated that Karen Wittman has been hired for the part-time attorney position and she will begin May 23, Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. on May 19, 2016 at the Jayhawk Tower, Senate Room. Meeting adjourned 3:06 p.m. 3

7 Minutes of the Kansas Sentencing Commission Meeting May 19, 2016 The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC) meeting to order on May 19, 2016 at 1:34 p.m. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative John J. Rubin Representative Janice Pauls Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Designee Jessica G. Domme, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Interim Secretary Johnnie Goddard, Secretary of Corrections Designee Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Guests: Marie McNeal, Department of Corrections Mitchel DePriest, Hein Governmental Consulting, LLC Susanna Honaker, Little Government Relations, LLC Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs Association Tim Madden, Senior Counsel, Department of Corrections Karen Wittman, Attorney Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Becker, Utilization Review/SB 123 Program Director George Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant

8 Approval of Proposed Agenda Chair Wilson asked for a motion to approve the proposed agenda as written. Honorable Patrick McAnany moved to approve the agenda and Stacey Donovan seconded the motion. The motion carried and the agenda was approved. Approval of Minutes Chair Wilson referred to the Sentencing Commission Meeting minutes of April 15, Vice Chair Fowler moved to approve the minutes as written. Chris Mechler seconded the motion. The motion carried and the minutes were approved. Welcome New KSSC Members Chair Wilson introduced and welcomed new Sentencing Commission member, Jessica Domme, who is replacing Amy Hanley as the Attorney General s designee. Employee Award & Recognition Program To encourage and recognize high achievement in the workplace, Executive Director Scott Schultz explained that the agency is now participating in an Employee Award and Recognition Program and this was the first recognition ceremony. Mr. Schultz advised of the program s purpose, process/procedure, eligibility and award categories. Listed below are the award categories in which staff is eligible every quarter: Distinguished Accomplishment; Meritorious Service; Kansas Quality Management; Volunteerism; Length of Service and Employee of the Quarter The Selection Committee of Chair Wilson, Vice Chair Fowler and Kevin Berens met in April to consider nominations and determine award candidates. On behalf of the agency, Mr. Schultz presented the awards and recognitions as follows: Meritorious Service: Chis Chavez, Research Analyst III; Distinguished Accomplishments: George Ebo Browne, Research Analyst; Distinguished Accomplishment: SB 123 Program team of Charlene Becker, Jesse Becker, Trish Beck and Donna Owens; and Employee of the Quarter: Trish Beck, Program Assistant SB 123 Committee Update Committee chair Chris Mechler provided an SB 123 update on a meeting that was held on May 19, Ms. Mechler reported that staff had requested guidance as to keeping the payment processing in-house or exploring a third party vendor to provide expanded services. Jesse Becker presented beneficial information, including a cost estimate, regarding an in-house TPPS (Treatment Provider Payment System) proposal of upgrading the current system versus a third party solution that could also provide utilization management (UM). Brian Baker, Beacon Health Options, provided information to the committee on Managed Care Organizations, contracted UM and the benefits of utilizing a vendor. The committee will schedule a follow-up meeting to determine the direction of the project. 2

9 Agency Report Executive Director Scott Schultz provided a summary of the agency s activities since the last meeting which included a legislative update. Five of the eight bills introduced by the Commission were signed into law. The Commission and Sentencing Guidelines 101 Executive Director Scott Schultz announced that upon adjournment of the meeting, he would provide a presentation, The Commission and Sentencing Guidelines 101: A Nuts and Bolts Approach and welcomed members and guests to attend. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. on June 23, 2016 at the Jayhawk Tower, Senate Room. Meeting adjourned 2:32 p.m. 3

10 Minutes of the Kansas Sentencing Commission Teleconference Meeting June 23, 2016 The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC) teleconference meeting to order on June 23, 2016 at 1:28 p.m. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative Janice Pauls Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Jessica G. Domme, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Tim Madden, Secretary of Corrections Designee Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Guests: Marie McNeal, Department of Corrections Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Becker, SB 123 Program Director/Utilization Review Specialist George Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant Karen Wittman, Attorney

11 Approval of Proposed Agenda Chair Wilson asked for a motion to approve the proposed agenda as written. Kevin Berens moved to approve the agenda. Chris Mechler seconded the motion and the motion carried. Approval of Minutes Chair Wilson referred to the Sentencing Commission Meeting minutes of May 19, Chair Wilson moved to amend the minutes to reflect Senator Carolyn McGinn as participating in the May meeting. Chris Mechler seconded the motion. Meredith Butler moved to approve the minutes as amended. Jonathan Ogletree seconded the motion and the motion carried. Approval of Revisions of the 2016 Journal Entry Forms As a result of 2016 legislative changes, the Journal Entry Forms Committee Chair Kevin Berens provided proposed changes to Kansas Sentencing Guidelines forms. This included the Presentence Investigation Report (PSI), Journal Entry of Judgment (JE) and Journal Entry of Probation Violation Hearing (PVJE). Representative Janice Pauls moved to approve the PSI form as revised. Chris Mechler seconded the motion and the motion carried. Chair Wilson moved to approve the JE as revised with an amendment of adding a check box to special sentencing rule #27. Chris Mechler seconded the motion and the motion carried. Honorable Patrick McAnany moved to approve the PVJE as revised. Jonathan Ogletree seconded the motion and the motion carried. Mr. Berens presented the 2003 SB 123 Eligibility flowchart that was developed by Commission staff and requested a motion to approve. Vice Chair Fowler moved to approve the flowchart. Chris Mechler seconded the motion and the motion carried. SB 123 Committee Update Committee Chair Chris Mechler provided a SB 123 update. Ms. Mechler reported that the committee reviewed options for updating the payment system for the program. Previous meetings have determined that in-house and third party solutions are available. The committee has formed a subcommittee to explore and draft a Request for Proposal to determine if a third party vendor is available to replace the current TPPS (Treatment Provider Payment System) used to process and track invoice payments in the program. SB 123 Director Charlene Becker provided the requirements in order to move forward with the process. Ms. Mechler informed the Commission the subcommittee will be meeting bi-weekly on Fridays until January Agency Report Executive Director Scott Schultz provided a summary of the agency s activities since the last meeting and reviewed the KDOC prison population letter and monthly monitoring report. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. on July 21, 2016 at the Jayhawk Tower, Senate Room. Meeting adjourned 1:53 p.m. 2

12 Minutes of the Kansas Sentencing Commission Meeting August 25, 2016 The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission (KSSC) meeting to order on August 25, 2016 at 1:35 p.m. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative Janice Pauls Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Jessica G. Domme, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Secretary Joe Norwood, Department of Corrections Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Guests: Mitchel DePriest, Hein Governmental Consulting, LLC Susanna Honaker, Little Government Relations, LLC Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs Association Tim Madden, Senior Counsel, Department of Corrections Mark Keating, Kansas Prisoner Review Board Jeannie Wark, Kansas Prisoner Review Board Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Becker, Utilization Review/SB 123 Program Director George Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant Karen Wittman, Attorney

13 Approval of Proposed Agenda Vice Chair Fowler requested a motion to approve the proposed agenda as written. Honorable Patrick McAnany moved to approve the agenda and Representative Janice Pauls seconded the motion. The motion carried and the agenda was approved. Approval of Minutes Vice Chair Fowler referred to the June 23, 2016 Sentencing Commission Meeting minutes. Honorable Patrick McAnany moved to approve the minutes as written. Stacey Donovan seconded the motion. The motion carried and the minutes were approved. FY 2017 Prison Population Projections Executive Director, Scott Schultz, provided and requested approval of the FY 2017 Prison Population Projections as recommended by the FY 2017 Prison Population Projection Consensus Group. Kevin Berens moved to approve the projections as presented. Representative Janice Pauls seconded the motion. The motion carried and the projections were approved. Legislative Committee Update Committee Chair Honorable Lee Fowler provided a legislative update on the August 25, 2016 meeting of the Legislative Committee. Chair Fowler asked commission members to suggest topics of discussion for the workshop related to legislative proposals. SB 123 Committee Update Committee Chair Chris Mechler provided a SB 123 subcommittee update on the bi-weekly meetings stating the subcommittee is still drafting a Request for Proposal (RFP) for replacement of the current Treatment Provider Payment System (TPPS). NASC Conference Report Kevin Berens reported that Vice Chair Fowler, Scott Schultz, and he attended the 2016 National Association of Sentencing Commissions Conference (NASC) in Salt Lake City, Utah on August 7-9. The conference focused on Examining the Interactions between Policy and Sentencing. Agency Report Executive Director Scott Schultz provided a summary of the agency s activities since the last meeting and reviewed KDOC prison population reports. Mr. Schultz discussed the new legislative summary for the 2016 Desk Reference Manual and presented a handout explaining each relevant bill that was relevant to the Commission s work. Mr. Schultz stated that the agency has recently implemented a new staff leave rearranged time policy and a tuition reimbursement program. 2

14 Employee Awards and Recognition Program The Selection Committee of Chair Wilson, Vice Chair Fowler and Kevin Berens met on August 4, 2016, to consider nominations and determine quarterly award candidates. On behalf of the agency, Mr. Schultz presented the awards and recognitions as follows: Meritorious Service: Brenda Harmon, Special Assistant to the Executive Director; Length of Service: Brenda Harmon, Special Assistant to the Executive Director; Meritorious Service: Fengfang Lu, Senior Research Analyst; Length of Service: Kunlun Chang, Director of Research; Employee of the Quarter: Kunlun Chang, Director of Research. Mr. Chang was also recognized by the Governor with other state Employees of the Quarter in a ceremony at the statehouse on August 22, Next Meeting The Sentencing Commission Workshop will be held at 9:00 a.m. on September 27, 2016 and September 28, 2016 at the Topeka Downtown Ramada Convention Center, in the Grand Ballroom. Meeting adjourned 3:00 p.m. 3

15 Minutes of the Kansas Sentencing Commission Meeting September 27, 2016 The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission Workshop, Day 1, to order on September 27, 2016 at 9:04 a.m. in the Grand Ballroom of the Topeka Downtown Ramada Convention Center, Topeka, Kansas. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative Janice Pauls Representative John Barker Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Jessica G. Domme, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Secretary Joe Norwood, Department of Corrections Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Guests: Tim Madden, Senior Counsel, Department of Corrections Cody McArthur, Kansas Association of Court Service Officers Jason Thompson, Senior Assistant Revisor of Statutes Natalie Scott, Assistant Revisor of Statutes Dr. Travis Pratt, University of Cincinnati Corrections Institute Dr. Mario Cano, Kansas State University Sociology Professor Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Becker, Utilization Review/SB 123 Program Director George Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant Karen Wittman, Attorney

16 Welcome New KSSC Member Vice Chair Fowler introduced and welcomed new Sentencing Commission member, Representative John Barker, who has replaced Representative John Rubin. Approval of Minutes Vice Chair Fowler referred to the August 25, 2016 Sentencing Commission meeting minutes. Chris Mechler moved to approve the minutes as written. Senator Haley seconded the motion. The motion carried and the minutes were approved. Presentation on Strategies for Supervising and Treating Offenders Travis C. Pratt, PhD, University of Cincinnati, provided an overview on the presentation, Beyond Getting Tough: Evidence-Based Strategies for Supervising and Treating Offenders in the Community Legislation Proposals Brainstorming Session KSSC members were provided a handout, Proposals for 2016 KSSC Workshop. Members reviewed and discussed 2017 legislation proposals presented by the Legislative Committee. Proposal #1 Controlled Substance Study Vice Chair Fowler proposed a global study of drug policy within the state. This would include considering misdemeanor offenses for certain quantities of controlled substances (e.g., under an ounce for marijuana). Proposal #2 Pre-trial SB 123 Program Vice Chair Fowler proposed to allow diversions for the 2003 SB 123 program which would incentivize offenders and lower costs to law enforcement, prosecutors and the courts. Proposal #3 Repeal Special Rule 26 for Third Time Possession of Controlled Substances Vice Chair Fowler recommended the repeal of Special Rule 26 (K.S.A (f)(1)) to be introduced next session. The proposal mirrors 2016 HB 2458 which had a hearing on January 20, 2016 in House Corrections and Juvenile Justice Committee (HCJJ) but did not move out of committee. Proposal #4 Allow SB 123 Treatment to be Used for Severity Level 4 Drug Crimes Vice Chair Fowler suggested allowing 2003 SB 123 Substance Abuse Treatment program be used for severity level 4 drug crimes. The proposal mirrors 2016 HB 2461 which had a hearing on January 20, 2016 in HCJJ but did not move out of committee. Proposal #5 Amending the Criminal Penalties for Unlawful Tampering with Electronic Equipment Executive Director, Scott Schultz, reviewed the language of 2016 HB 2459, which received a hearing in HCJJ. It was amended to have only two penalty provisions rather than the tiered approach recommended by the Commission. The language provides that if an offender is on felony supervision and commits this crime, the violation would be a severity level 8, nonperson felony. If on misdemeanor supervision or court-ordered supervision in any civil case the violation would be a class A nonperson misdemeanor. The bill passed out of HCJJ last year in this form as amended but no floor debate occurred before the full House. 2

17 Proposal #6 Allow Certain Juvenile Adjudications to Decay from Adult Criminal History Mr. Schultz reviewed the history of 2016 HB 2463 which received a hearing on January 21, 2016 in HCJJ. It was worked on January 26 th and passed out favorably. The Commission s specific language was later stripped out of the bill by the Senate Corrections and Juvenile Justice. Proposal #7 KSSC Interagency Cooperation Mr. Schultz discussed the importance of working with the Kansas Department for Aging and Disability (KDADS). Mr. Schultz explained having access to KDADS databases, specifically the Kansas Client Placement Criteria (KCPC), would enhance the SB 123 program. Proposal #8 Resolving Postrelease Supervision When Considering K.S.A (d)(1)(D) and (G) Jessica Domme discussed a potential conflict between the two subsections that relate to the length of supervision for sex-related convictions. Proposal #9 Sentencing of Juveniles Certified as Adults Tim Madden recommended drafting a postrelease supervision policy that is constitutional in accordance with State v. Dull. Proposal #11 Increase Loss Thresholds Stacey Donovan discussed increasing felony thresholds to $1,500 for the crimes of criminal damage to property, giving a worthless check, impairing a security interest, criminal use of an explosive, counterfeiting, criminal use of a financial card and theft of property lost, mislaid or delivered by mistake. Adjournment Meeting adjourned 2:49 p.m. 3

18 Minutes of the Kansas Sentencing Commission Meeting September 28, 2016 The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission Workshop, Day 2, to order on September 28, 2016 at 9:05 a.m. in the Grand Ballroom of the Topeka Downtown Ramada Convention Center, Topeka, Kansas. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative Janice Pauls Representative John Barker Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Jessica G. Domme, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Secretary Joe Norwood, Department of Corrections Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Guests: Tim Madden, Senior Counsel, Department of Corrections Cody McArthur, Kansas Association of Court Service Officers Jason Thompson, Senior Assistant Revisor of Statutes Natalie Scott, Assistant Revisor of Statutes Marie McNeal, Department of Corrections Jennifer Roth, State Board of Indigents Defense Services Chris Esquibel, Kansas Association of Court Services Officers Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Becker, Utilization Review/SB 123 Program Director George Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant Karen Wittman, Attorney

19 2017 Legislation Proposals Brainstorming Session Proposal #10 Offender Registration Act In presenting the final proposal, Stacey Donovan discussed two amendments to the act. Action Taken on 2017 KSSC Proposed Legislation KSSC members were referred to handout, Proposals for 2016 KSSC Workshop, which was being used as a tool while considering KSSC 2017 proposed legislation. The following action was taken as to the proposals: Proposal #1 Controlled Substances Study Vice Chair Fowler asked for a motion to consider exploring possible grants for the controlled substances study. Chris Mechler moved to approve the motion. Representative Tom Sawyer seconded the motion and the motion carried. Proposal #2 Pre-trial SB 123 Program Representative John Barker moved to approve Proposal #2. Representative Tom Sawyer seconded the motion and the motion carried. Chris Mechler, Kevin Berens and Jessica Domme opposed the motion. Proposal #3 Repeal Special Rule 26 for Third Time Possession of Controlled Substances Senator David Haley moved to approve Proposal #3. Stacey Donovan seconded the motion and the motion carried. Kevin Berens and Jessica Domme opposed the motion. Proposal #4 Allow SB 123 Treatment to be Used for Severity Level 4 Drug Crimes Judge McAnany moved to approve Proposal #4. Vice Chair Fowler seconded the motion and the motion carried. Proposal #5 Amending the Criminal Penalties for Unlawful Tampering with Electronic Equipment Senator David Haley moved to approve Proposal #5. Stacey Donovan seconded the motion and the motion carried. Jessica Domme opposed the motion. Proposal #6 Allow Certain Juvenile Adjudications to Decay from Adult Criminal History Representative Janice Pauls moved to approve Proposal #6. Representative John Barker seconded the motion and the motion carried. Kevin Berens and Jessica Domme opposed the motion. Proposal #7 KSSC Interagency Cooperation Judge McAnany moved to approve Proposal #7. Chris Mechler seconded the motion and the motion carried. Proposal #8 Resolving Postrelease Supervision When Considering K.S.A (d)(1)(D) and (G) Jessica Domme moved to approve Proposal #8 with new language to be discussed at the October commission meeting. Kevin Berens seconded the motion and the motion carried. 5

20 Proposal #9 Sentencing of Juveniles Certified as Adults Jessica Domme moved to approve Proposal #9 with new language to be discussed at the October commission meeting. Judge McAnany seconded the motion and the motion carried. Proposal #10 Offender Registration Act Stacey Donovan moved to remove cultivation and distribution of controlled substances in K.S.A (a)(1) from the definition of drug offender in the Offender Registration Act. Chris Mechler seconded the motion and the motion carried. Kevin Berens and Jessica Domme opposed the motion. Stacey Donovan moved to amend the act to always charge a misdemeanor for the failure to pay the $20 registration fee, rather than a felony. Representative Tom Sawyer seconded the motion and the motion carried. Proposal #11 Increase Loss Thresholds Stacey Donovan moved to approve Proposal #11. Kevin Berens seconded the motion and the motion carried. Adjournment Senator Haley moved to adjourn. Representative Barker seconded the motion and the motion carried. The next Sentencing Commission meeting will be at 1:30 p.m. on October 20, 2016 at the Jayhawk Tower, Senate Room. Meeting adjourned 11:09 a.m. 6

21 Minutes of the Kansas Sentencing Commission Meeting October 20, 2016 The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC) meeting to order on October 20, 2016 at 2:01 p.m. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative John Barker Representative Janice Pauls Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Jessica G. Domme, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Tim Madden, Secretary of Corrections Designee Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Guests: Natalie Scott, Assistant Revisor of Statutes Jason Thompson, Senior Assistant Revisor of Statutes Mitchel DePriest, Hein Governmental Consulting, LLC Stuart Little, Ph.D., Little Government Relations, LLC Robert Mealy, Kearney & Associates, LLC Mark Keating, Kansas Prisoner Review Board Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Becker, Utilization Review/SB 123 Program Director George Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant Karen Wittman, Attorney

22 Approval of Proposed Agenda Chair Wilson asked for a motion to approve the proposed agenda as written. Vice Chair Fowler moved to approve the agenda and Kevin Berens seconded the motion. The motion carried and the agenda was approved. Approval of Minutes Chair Wilson referred to the Sentencing Commission Workshop minutes of September 27-28, Vice Chair Fowler moved to approve the minutes as written. Senator Haley seconded the motion. The motion carried and the minutes were approved. Consideration of 2017 Legislative Proposals KSSC members were provided handouts of 2017 KSSC Legislative Proposals in draft form. Chair Wilson and Scott Schultz explained the proposed legislation as referenced below: Controlled Substance Study KSSC members reviewed and discussed the proposal. Chair Wilson proposed to have Scott send an to the Commission in regards to developing a KSSC committee to explore options for offenders with substance abuse and mental illness. 16rs4428 Pre-trial SB 123 Program Chair Wilson moved to omit until the court determines the person is suitable for discharge by the court from (b)(2) of K.S.A in the proposed legislation. Vice Chair Fowler seconded the motion and the motion carried. Jessica Domme, Kevin Berens, and Chris Mechler opposed the motion. 16rs4431 Allow SB 123 Treatment to be used for Severity Level 4 Drug Crimes Vice Chair Fowler moved to approve the proposal for legislation. Chair Wilson seconded the motion and the motion carried. 16rs4429 Repeal Special Rule 26 for Third Time Possession of Controlled Substance Jessica Domme moved to approve the proposal for legislation. Jonathan Ogletree seconded the motion and the motion carried. 16rs4432 Amending the Criminal Penalties for Unlawful Tampering with Electronic Equipment Chris Mechler moved to approve the proposal for legislation. Chair Wilson seconded the motion and the motion carried. Jessica Domme and Kevin Berens opposed the motion. 16rs4433 Allow Certain Juvenile Adjudications to Decay from Adult Criminal History Chair Wilson moved to approve the proposal for legislation. Tim Madden seconded the motion and the motion carried. Jessica Domme and Kevin Berens opposed the motion. 16rs4430 KSSC Interagency Cooperation Kevin Berens moved to approve the proposal for legislation. Jessica Domme seconded the motion and the motion carried. 2

23 16rs4425 Resolving Postrelease Supervision When Considering K.S.A (d)(1)(D) and (G) Jessica Domme moved to change the effective date language in section three from publication in the statute book to the Kansas register. Kevin Berens seconded the motion and the motion carried. Kevin Berens moved to approve the amended proposal for legislation. Jessica Domme seconded the motion and the motion carried. 16rs4427 Sentencing of Juveniles Certified as Adults Jessica Domme moved to combine the proposal with 16rs4425 and amend the effective date language from July 1, 2006 to the effective date of this act. Kevin Berens seconded the motion and the motion carried. Senator Haley opposed the motion. 16rs4424 Offender Registration Act Vice Chair Fowler moved to approve the proposal for legislation. Chair Wilson seconded the motion and the motion carried. Jessica Domme and Kevin Berens opposed the motion. The draft legislative proposal to Increase Felony Loss Thresholds will be presented at the next commission meeting. Chair Wilson moved to add all proposals above to the draft letter to the Governor. Vice Chair Fowler seconded the motion and the motion carried. The letter will be available to members for review and approval at the November meeting. SB 123 Committee Update Chris Mechler, SB 123 Committee Chair provided a SB 123 Committee update on the bi-weekly meetings stating the Committee is still in the process of drafting a Request for Proposal (RFP) for replacement of the current Treatment Provider Payment System (TPPS). Agency Report Executive Director, Scott Schultz provided a summary of the agency s activities since the last meeting and reviewed KDOC prison population reports. Mr. Schultz informed the Commission of the recent resignation of Charlene Becker, SB 123 Director. Mrs. Becker s last day at the agency will be October 27, Mr. Schultz also advised that Amy Hanley, a former member, has recently received an appointment by Governor Brownback to the bench as the newest district court judge in Douglas County. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. on November 17, 2016 at the Jayhawk Tower, Senate Room. Meeting adjourned 3:55 p.m. 3

24 Minutes of the Kansas Sentencing Commission Teleconference Meeting November 17, 2016 The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC) teleconference meeting to order on November 17, 2016 at 1:34 p.m. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative Janice Pauls Representative John Barker Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Designee Jessica G. Domme, Kansas Attorney General s Office Chris A. Mechler, Office of Judicial Administration Secretary Joe Norwood, Department of Corrections Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender s Office Meredith Butler, Eighth Judicial District Community Corrections Nathan Barnes, Public Member Terry J. Malone, Attorney Guests: None Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst George Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant Karen Wittman, Attorney

25 Approval of Proposed Agenda Chair Wilson asked for a motion to approve the proposed agenda as written. Chair Wilson moved to approve the agenda and Judge McAnany seconded the motion. The motion carried and the agenda was approved. Approval of Minutes Chair Wilson referred to the Sentencing Commission Meeting minutes of October 20, Chris Mechler moved to approve the amended minutes to add the effective date language from July 1, 2006 to the effective date of this act on proposal 16rs4427. Terry Malone seconded the motion and the amended minutes were approved. Review and Approval of 2017 KSSC Meeting Dates Stacey Donovan moved to approve the proposed meeting dates for Vice Chair Fowler seconded the motion and the motion carried. Approval of 2017 Legislative Proposal to Increase Felony Loss Thresholds Representative John Barker moved to approve the proposal for both legislation and the letter to the Governor. Stacey Donovan seconded the motion and the motion carried. Approval of Letter to the Governor Chair Wilson provided a proposed letter to Governor Brownback pursuant to K.S.A , which provides that the Kansas Sentencing Commission analyze policy options that would reduce prison beds. Vice Chair Fowler moved to approve the proposed letter to the Governor. Jessica Domme seconded the motion and the letter to the Governor was approved. Agency Report Executive Director, Scott Schultz provided a summary of the agency s activities since the last meeting and reviewed KDOC prison population reports. Next Meeting The next Sentencing Commission meeting will be at 1:30 p.m. on December 15, 2016 at the Jayhawk Tower, Senate Room. Meeting adjourned 2:03 p.m. 2