21-4703. Definitions.
21-4703
21-4703. Definitions.As used in this act:
(a) "Aggravating factors" mean substantial and compelling reasons justifyingan exceptional sentence whereby the sentencing court may impose a departuresentence outside the standard sentencing range for a crime. Aggravating factorsmay result in dispositional or durational departures and shall be stated on therecord by the court;
(b) "commission" means the Kansas sentencing commission;
(c) "criminal history" means and includes adult felony, class Amisdemeanor, class B person misdemeanor, or select misdemeanor convictions andcomparable juvenile adjudications possessed by an offender at the time suchoffender is sentenced;
(d) "criminal history score" means the summation of theconvictionsdescribed as criminal history that place an offender in one of the criminalhistory score categories listed on the horizontal axis of the sentencingguidelines grid for nondrug crimes and the sentencing guidelines grid for drugcrimes;
(e) "decay factor" means prior convictions that are no longerconsidered aspart of an offender's criminal history score;
(f) "departure" means a sentence which is inconsistent with thepresumptive sentence for an offender;
(g) "dispositional departure" means a sentence which isinconsistent withthe presumptive sentence by imposing a nonprison sanction when the presumptivesentence is prison or prison when the presumptive sentence is nonimprisonment;
(h) "dispositional line" means the solid black line on thesentencingguidelines grid for nondrug crimes and the sentencing guidelines grid fordrug crimes which separates the grid blocks in which the presumptive sentenceis a term of imprisonment and postrelease supervision from the grid blocks inwhich the presumptive sentence is nonimprisonment which may include localcustodial sanctions;
(i) "durational departure" means a sentence which isinconsistentwith the presumptive sentence as to term of imprisonment, or term ofnonimprisonment;
(j) "good time" means a method of behavior control or sanctionsutilizedby the department of corrections. Good time can result in a decrease of up to20% of the prison part of the sentence.
(k) "grid" means the sentencing guidelines grid fornondrug crimes as provided in K.S.A. 21-4704 or thesentencing guidelines grid for drug crimes as provided in K.S.A.21-4705, or both;
(l) "grid block" means a box on the grid formed by theintersectionof the crime severity ranking of a current crime of conviction andan offender's criminal history classification;
(m) "imprisonment" means imprisonment in a facility operated bythe Kansas department of corrections;
(n) "mitigating factors" means substantial and compellingreasonsjustifying an exceptional sentence whereby the sentencing court may impose adeparture sentence outside of the standard sentencing range for an offense.Mitigating factorsmay result in dispositional or durational departures and shall bestated on the record by the court;
(o) "nonimprisonment," "nonprison" or "nonprison sanction" meansprobation, community corrections,conservation camp, house arrest or any other community based disposition;
(p) "postrelease supervision" means the release of a prisoner to thecommunity after having served a period of imprisonment or equivalent timeserved in a facility where credit for time served is awarded as set forth bythe court, subject to conditions imposed by the Kansas parole board and to thesecretary of correction's supervision;
(q) "presumptive sentence" means the sentence providedin a grid block for anoffender classified in that grid block by the combined effect of the crimeseverity ranking of the current crime of conviction and theoffender's criminal history;
(r) "prison" means a facility operated by the Kansas departmentof corrections; and
(s) "sentencing range" means the sentencing court'sdiscretionary range in imposing a nonappealable sentence.
History: L. 1992, ch. 239, § 3;L. 1994, ch. 291, § 49; July 1.