21-4608. Multiple sentences; defendant subject to or under sentence in federal court or court of another state.
21-4608
21-4608. Multiple sentences; defendant subject to orunder sentence infederal court or court of another state.(a) When separate sentences of imprisonment for different crimes areimposed on a defendant on the same date, including sentences for crimesfor which suspended sentences, probation or assignment to acommunity correctional services program have been revoked, suchsentences shall run concurrently or consecutively as the court directs.Whenever the record is silent as to the manner in which two or moresentences imposed at the same time shall be served, they shall be servedconcurrently, except as provided in subsections (c), (d)and (e).
(b) Any person who is convicted and sentenced for a crimecommitted whileon probation, assignment to a community correctional services program,parole or conditional release for a misdemeanor shall serve thesentence concurrently with or consecutively to the term or terms underwhich the person was on probation, assigned to a community correctionalservices program or on parole or conditional release, asthe court directs.
(c) Any person who is convicted and sentenced for a crimecommitted whileon probation, assigned to a community correctional services program,on parole, on conditional release or on postrelease supervisionfor a felony shall servethe sentence consecutively to the term or terms under which the person wason probation, assigned to a community correctional services program or onparole or conditional release.
(d) Any person who is convicted and sentenced for a crimecommitted whileon release for a felony pursuant to article 28 of chapter 22 of the KansasStatutes Annotated shall serve the sentence consecutively tothe term or terms under which the person was released.
(e) (1) Any person who is convicted and sentenced for a crimecommittedwhile such person is incarcerated and serving a sentence for a felony inany place of incarceration shall serve the sentence consecutively to theterm or terms under which the person was incarcerated.
(2) If a person is sentenced to prison for a crime committed on or afterJuly 1, 1993, while the person was imprisoned for an offense committed priorto July 1, 1993, and the person is not eligible for the retroactive applicationof the sentencing guidelines act, the new sentence shall not be aggregated withthe old sentence but shall begin when the person is paroled or reaches theconditional release date on the old sentence, whichever is earlier. If theoffender was past the offender's conditional release date at the time the newoffense was committed, the new sentence shall not be aggregated with the oldsentence but shall begin when the person is ordered released by the Kansasparole board or reaches the maximum sentence date on the old sentence,whichever is earlier. The new sentence shall then be served as otherwiseprovided by law. The period of post incarcerationsupervision shall be based on thelongest term of post incarceration supervision imposed for all crimesupon which sentence was imposedoruntil discharged from supervision by the Kansas parole board.The term of post incarceration supervision imposed by this paragraph shallapply retroactively to crimes committed prior to the effective date of thisact.
(3) As used in this subsection, "post incarceration supervision" includesparole and postrelease supervision.
(f) The provisions of this subsection relating to paroleeligibilityshall be applicable to persons convicted of crimes committed prior toJanuary 1, 1979, but shall be applicable to persons convicted of crimescommitted on or after that date only to the extent that the terms ofthis subsection are not in conflict with the provisions of K.S.A.22-3717 and amendments thereto. In calculating the time to be servedon concurrent and consecutive sentences, the following rules shallapply:
(1) When indeterminate terms run concurrently, the shorterminimumterms merge in and are satisfied by serving the longest minimum term andthe shorter maximum terms merge in and are satisfied by conditionalrelease or discharge on the longest maximum term if the terms areimposed on the same date.
(2) When concurrent terms are imposed on different dates,computationwill be made to determine which term or terms require the longest periodof imprisonment to reach parole eligibility, conditionalrelease and maximumdates, and that sentence will be considered the controllingsentence. The parole eligibility date may be computed and projected onone sentence and the conditional release date and maximum may becomputed and projected from another to determine the controllingsentence.
(3) When indeterminate terms imposed on the same date are to beserved consecutively, the minimum terms are added to arrive at anaggregate minimum to be served equal to the sum of all minimum terms andthe maximum terms are added to arrive at an aggregate maximum equal tothe sum of all maximum terms.
(4) When indeterminate sentences are imposed to be servedconsecutively to sentences previously imposed in any other court or thesentencing court, the aggregated minimums and maximums shall be computedfrom the effective date of the subsequent sentences which have beenimposed as consecutive. For the purpose of determining the sentencebegins date and the parole eligibility and conditional release dates, theinmate shall be given credit on the aggregatesentence for time spent imprisoned on the previoussentences, but notexceeding an amountequal to the previous minimum sentence less the maximum amount of good timecredit that could have been earned on the minimum sentence. For thepurpose of computing the maximum date, the inmate shall be given credit forall time spent imprisoned on the previous sentence. Thismethod forcomputation of the maximum sentence shall be utilized for all sentencescomputed pursuant to this subsection after July 1, 1983.
Nothing in this subsection (f)(4) shall affect the authorityof theKansas parole board to determine the parole eligibility of inmatespursuant to subsection (d) of K.S.A. 22-3717 and amendments thereto.
(5) When consecutive sentences are imposed which are to beservedconsecutive to sentences for which a prisoner has been on probation,assigned to a community correctional services program, on parole oron conditional release, the amount of timeserved on probation, on assignment to a community correctional servicesprogram, on parole or on conditional release shall not be creditedas service on the aggregate sentence in determining the parole eligibility,conditional release and maximum dates, except that credit shall be givenfor any amount of time spent in a residential facility while on probationor assignment to a community correctional residential services program.
(g) When a definite and an indefinite term run consecutively, theperiod of the definite term is added to both the minimum and maximum ofthe indeterminate term and both sentences are satisfied by serving theindeterminate term. The provisions of this subsection shall not apply tocrimes committed on or after July 1, 1993.
(h) When a defendant is sentenced in a state court and is also undersentence from a federal court or other state court or is subject tosentence in a federal court or other state court for an offensecommitted prior to the defendant's sentence in a Kansas state court, thecourt may direct that custody of the defendant may be relinquished tofederal or other state authorities and that such state sentences as areimposed may run concurrently with any federal or other state sentenceimposed.
History: L. 1969, ch. 180, § 21-4608;L. 1978, ch. 120, § 8;L. 1982, ch. 150, § 1;L. 1983, ch. 111, § 1;L. 1985, ch. 111, § 1;L. 1986, ch. 123, § 9;L. 1987, ch. 113, § 1;L. 1989, ch. 92, § 24;L. 1992, ch. 239, § 243;L. 1993, ch. 291, § 272;L. 1994, ch. 291, § 47;L. 2008, ch. 183, § 3; July 1.