21-4711. Same; determination of offender's criminal history classification in presumptive sentencing guidelines grid for nondrug and drug crimes.
21-4711
21-4711. Same; determination of offender'scriminal history classification in presumptive sentencing guidelines grid fornondrug and drug crimes.In addition to the provisions of K.S.A. 21-4710 and amendments thereto, thefollowing shall apply in determining an offender's criminal historyclassification as contained in the presumptive sentencing guidelines grid fornondrug crimes and the presumptive sentencing guidelines grid for drug crimes:
(a) Every three prior adult convictions or juvenile adjudications of classA and class B person misdemeanors in the offender's criminal history, or anycombination thereof, shall be rated as one adult conviction or one juvenileadjudication of a person felony for criminal history purposes. Every threeprior adult convictions or juvenile adjudications of assault as defined inK.S.A. 21-3408 and amendments thereto occurring within a period commencingthree years prior to the date of conviction for the current crime of convictionshall be rated as one adult conviction or one juvenile adjudication of a personfelony for criminal history purposes.
(b) A conviction of subsection (a)(1) of K.S.A. 21-4204 and amendmentsthereto, criminal possession of firearms by a person who is both addicted toand an unlawful user of a controlled substance, subsection (a)(4) of K.S.A.21-4204 and amendments thereto, possession of a firearm on school grounds orK.S.A. 21-4218 and amendments thereto, possession of a firearm on the groundsor in the state capitol building, will be scored as a select class B nonpersonmisdemeanor conviction or adjudication and shall not be scored as a personmisdemeanor for criminal history purposes.
(c) (1) If the current crime of conviction was committed before July 1,1996, and is for subsection (b) of K.S.A. 21-3404, involuntary manslaughter inthe commission of K.S.A. 8-1567 and amendments thereto driving under theinfluence, then, each prior adult conviction or juvenile adjudication forK.S.A. 8-1567 and amendments thereto shall count as one person felony forcriminal history purposes.
(2) If the current crime of conviction was committed on or after July 1,1996, and is for a violation of an act described inK.S.A.21-3442,and amendments thereto, each prior adult conviction, diversion in lieu ofcriminal prosecution or juvenile adjudication for: (A) An act described inK.S.A. 8-1567 and amendments thereto; or (B) a violation of a law of anotherstate or an ordinance of any city, or resolution of any county, which prohibitsthe act described in K.S.A. 8-1567 and amendments thereto shall count as oneperson felony for criminal history purposes.
(d) Prior burglary adult convictions and juvenile adjudications will bescored for criminal history purposes as follows:
(1) As a prior person felony if the prior conviction or adjudication wasclassified as a burglary as described in subsection (a) of K.S.A. 21-3715 andamendments thereto.
(2) As a prior nonperson felony if the prior conviction or adjudication wasclassified as a burglary as described in subsection (b) or (c) of K.S.A.21-3715 and amendments thereto.
The facts required to classify prior burglary adult convictions and juvenileadjudications must be established by the state by a preponderance ofthe evidence.
(e) Out-of-state convictions and juvenile adjudications will be used inclassifying the offender's criminal history. An out-of-state crime will beclassified as either a felony or a misdemeanor according to the convictingjurisdiction. If a crime is a felony in another state, it will be counted as afelony in Kansas. The state of Kansas shall classify the crime as person ornonperson. In designating a crime as person or nonperson comparable offensesshall be referred to. If the state of Kansas does not have a comparableoffense, the out-of-state conviction shall be classified as a nonperson crime.Convictions or adjudications occurring within the federal system, other statesystems, the District of Columbia, foreign, tribal or military courts areconsidered out-of-state convictions or adjudications. The facts required toclassify out-of-state adult convictions and juvenile adjudications must beestablished by the state by a preponderance of the evidence.
(f) Except as provided in subsections (4), (5) and (6) of K.S.A. 21-4710 andamendments thereto, juvenile adjudications will be applied in the same manneras adult convictions. Out-of-state juvenile adjudications will be treated asjuvenile adjudications in Kansas.
(g) A prior felony conviction of an attempt, a conspiracy or a solicitationas provided in K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, tocommit a crime shall be treated as a person or nonperson crime in accordancewith the designation assigned to the underlying crime.
(h) Drug crimes are designated as nonperson crimes for criminalhistory scoring.
History: L. 1992, ch. 239, § 11;L. 1993, ch. 291, § 260;L. 1994, ch. 291, § 55;L. 1996, ch. 158, § 5;L. 1999, ch. 164, § 19;L. 2001, ch. 200, § 17;L. 2004, ch. 30, § 1; July 1.