21-4602. Definitions.
21-4602
21-4602. Definitions.As used in K.S.A. 21-4601 through 21-4621, and amendments thereto:
(a) "Court" means any court having jurisdiction and power to sentenceoffenders for violations of the laws of this state.
(b) "Suspension of sentence" means a procedure under which a defendant, foundguilty of a crime, upon verdict or plea, is released by the court withoutimposition of sentence. The release may be with or without supervision in thediscretion of the court. In felony cases, the court may include confinement ina county jail not to exceed 60 days, which need not be servedconsecutively, as a condition of suspension of sentence pursuant to subsection(b)(4) of K.S.A. 21-4603 and amendments thereto.
(c) "Probation" means a procedure under which a defendant, found guilty of acrime upon verdict or plea, is released by the court after imposition ofsentence, without imprisonment except as provided in felony cases, subject toconditions imposed by the court and subject to the supervision of the probationservice of the court or community corrections. In felony cases, the court mayinclude confinement in a county jail not to exceed 60 days,which need not be served consecutively, as a condition of an originalprobation sentence and up to 60 days in a county jail upon each revocationof the probation sentence pursuant to subsection (b)(3) of K.S.A. 21-4603and amendments thereto.
(d) "Parole" means the release of a prisoner to the community by the Kansasparole board prior to the expiration of such prisoner's term, subject toconditions imposed by the board and to the secretary of correction'ssupervision. Parole also means the release by a court of competent jurisdictionof a person confined in the county jail or other local place of detention afterconviction and prior to expiration of such person's term, subject to conditionsimposed by the court and its supervision. Where a court or other authority hasfiled a warrant against the prisoner, the Kansas parole board or paroling courtmay release the prisoner on parole to answer the warrant of such court orauthority.
(e) "Correctional institution" means the Lansing correctional facility,Hutchinson correctional facility, Topeka correctional facility, Nortoncorrectional facility, Ellsworth correctional facility, Winfield correctionalfacility, Osawatomie correctional facility, Larned correctional mental healthfacility, Toronto correctional work facility, Stockton correctional facility,Wichita work release facility, El Dorado correctional facility, and any othercorrectional institution established by the state for the confinement ofoffenders, and under control of the secretary of corrections.
(f) "Community correctional services program" means a program which operatesunder the community corrections act and to which a defendant is assigned forsupervision, confinement, detention, care or treatment, subject to conditionsimposed by the court. A defendant assigned to a community correctional servicesprogram shall be subject to the continuing jurisdiction of the court and in noevent shall be considered to be in the custody of or under the supervision ofthe secretary of corrections.
(g) "Postrelease supervision," for crimes committed on or after July 1, 1993,means the same as provided in K.S.A. 21-4703 and amendments thereto.
History: L. 1969, ch. 180, § 21-4602; L. 1973, ch. 339, § 74;L. 1983, ch. 284, § 2;L. 1986, ch. 123, § 5;L. 1987, ch. 335, § 4;L. 1990, ch. 309, § 12;L. 1991, ch. 88, § 1; L. 1991, ch. 89, § 3;L. 1992, ch. 245, § 2;L. 1993, ch. 291, § 181;L. 2000, ch. 182, § 1; May 25.