21-4502. Classification of misdemeanors and terms of confinement; possible disposition.
21-4502
21-4502. Classification of misdemeanors and terms ofconfinement;possible disposition.(1) For the purpose of sentencing, the following classes of misdemeanorsand the punishment and the terms of confinement authorized for eachclass are established:
(a) Class A, the sentence for which shall be a definite term ofconfinement in the county jail which shall be fixed by the court andshall not exceed one year.
(b) Class B, the sentence for which shall be a definite term ofconfinement in the county jail which shall be fixed by the court andshall not exceed six months.
(c) Class C, the sentence for which shall be a definite term ofconfinement in the county jail which shall be fixed by the court andshall not exceed one month.
(d) Unclassified misdemeanors, which shall include all crimesdeclared to be misdemeanors without specification as to class, thesentence for which shall be in accordance with the sentence specified inthe statute that defines the crime; if no penalty is provided in suchlaw, the sentence shall be the same penalty as provided herein for aclass C misdemeanor.
(2) Upon conviction of a misdemeanor, a person may be punished by afine, as provided in K.S.A. 21-4503, and amendments thereto, instead ofor inaddition to confinement, as provided in this section.
(3) In addition to or in lieu of any other sentence authorized bylaw, whenever there is evidence that the act constituting themisdemeanor was substantially related to the possession, use oringestion of cereal malt beverage or alcoholic liquor by suchperson, the court mayorder such person to attend and satisfactorily complete analcohol or drug education or training program certified by thechiefjudge of thejudicial district or licensed by the secretary of social and rehabilitationservices.
(4) Except as provided in subsection (5), in addition to or in lieu ofany other sentence authorized by law,whenever a person is convicted of having committed, while under 21 years ofage, a misdemeanor under K.S.A. 41-719, 41-727,K.S.A. 2009 Supp. 21-36a01 through 21-36a17 or8-1599, andamendmentsthereto, thecourt shall order such person to submit to and complete an alcohol and drugevaluation by a community-based alcohol and drug safety action programcertified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a feenot to exceed thefee established by that statute for such evaluation. If the court findsthat the person is indigent, the fee may be waived.
(5) If the person is 18 or moreyears of age but less than 21 years of age and is convicted of a violationof K.S.A. 41-727, and amendments thereto, involving cereal malt beverage,the provisions of subsection (4) are permissive and not mandatory.
History: L. 1969, ch. 180, § 21-4502; L. 1977, ch. 117, § 2;L. 1979, ch. 90, § 4;L. 1989, ch. 95, § 4;L. 1996, ch. 211, § 5;L. 1999, ch. 57, § 28;L. 2009, ch. 32, § 31; July 1.