21-4707. Same; crime severity scale for nondrug crimes, application to specific crimes; ranking offenses, provision; unranked offenses; unclassified felonies; prior convictions discovered after the pl
21-4707
21-4707. Same; crime severity scale for nondrugcrimes, applicationto specific crimes; ranking offenses, provision; unranked offenses;unclassified felonies; prior convictions discovered after the plea.(a) The crime severity scale contained in the sentencing guidelines grid fornondrug crimes as provided in K.S.A. 21-4704 and amendments theretoconsists of 10 levels of crimes. Crimes listed within each level are consideredto be relatively equal in severity. Level 1 crimes are the most severe crimesand level 10 crimes are the least severecrimes. If a person is convicted of two or more crimes, then the severitylevel shall be determined by the most severe crime of conviction.
(b) When the statutory definition of a crime includes a broad range ofcriminal conduct, the crime may be subclassified factually in more than onecrime category to capture the full range of criminal conduct covered by thecrime.
(c) The provisions of this subsection shall beapplicable with regard to ranking offenses according to the crime severityscale as provided in this section:
(1) When considering an unranked offense in relation to thecrime severity scale, the sentencing judge should refer tocomparable offenses on the crime severity scale.
(2) Except for off-grid felony crimes, which are classified as personfelonies, all felony crimes omitted from the crime severityscale shall be considered nonperson felonies.
(3) All unclassified felonies shall be scored as level 10 nonperson crimes.
(4) The offense severity level of a crime for which the court has accepteda plea of guilty or nolo contendere pursuant to K.S.A. 22-3210 and amendmentsthereto, or of a crime of which the defendant has been convicted shall not beelevatedor enhanced for sentencing purposes as a result of the discovery of priorconvictions or any other basis for such enhancement subsequent to theacceptance of the plea or conviction. Any such prior convictions discoveredafter the plea has been accepted by the court shall be counted in thedetermination of the criminal history of the offender.
History: L. 1992, ch. 239, § 7;L. 1993, ch. 291, § 257;L. 1994, ch. 291, § 52; July 1.