21-4720. Sentencing in multiple conviction cases; discretion of judge to impose concurrent or consecutive sentences; requirements applicable; departure sentencing based on aggravating factors.
21-4720
21-4720. Sentencing in multiple conviction cases;discretion of judge toimpose concurrent or consecutive sentences; requirements applicable; departuresentencing based on aggravating factors.(a) The provisions of subsections (a), (b), (c), (d), (e) and (h) of K.S.A.21-4608 and amendments thereto regarding multiple sentences shall apply to thesentencing of offenders for crimescommitted on or after July 1, 1993, pursuant to the sentencing guidelinessystem as provided in this act. The mandatoryconsecutive requirements contained in subsections (c), (d) and (e) shall notapply if such application would result in a manifest injustice.
(b) The sentencing judge shall otherwise have discretion to imposeconcurrent or consecutive sentences in multiple conviction cases.The sentencing judge shall state on the record if the sentence is to beserved concurrently or consecutively.In cases where consecutivesentences may be imposed by the sentencing judge, the following shall apply:
(1) When the sentencing judge imposes multiple sentences consecutively, theconsecutive sentences shall consist of an imprisonmentterm which is the sum of the consecutive imprisonment terms, and a supervisionterm. The postrelease supervision term will be based on the longest supervisionterm imposed for any of the crimes.
(2) The sentencing judge must establish a base sentence for the primarycrime. The primary crime is the crime with the highest crime severity ranking.An off-grid crime shall not be used as the primary crime in determining thebase sentence when imposing multiple sentences. If sentences for off-grid andon-grid convictions are ordered to run consecutively, the offender shall notbegin to serve the on-grid sentence until paroled from the off-grid sentence,and the postrelease supervision term will be based on the off-grid crime.If more than one crime of conviction is classified in the same crimecategory, the sentencing judge must designate which crime willserve as the primary crime. In the instance of sentencing with both the druggrid and the nondrug grid andsimultaneously having a presumption of imprisonment and probation, thesentencing judge will use the crime whichpresumes imprisonment as the primary crime. In the instance of sentencing withboth the drug grid and the nondrug grid and simultaneously having a presumptionof either both probation or both imprisonment, the sentencing judge will usethe crime with the longest sentence term within the grid block range as theprimary crime.
(3) The base sentence is set using the total criminal history scoreassigned.
(4) The total prison sentence imposed in a case involving multipleconvictions arisingfrom multiple counts within an information, complaint or indictment cannotexceed twice the basesentence. This limit shall apply only to the total sentence, and it shall notbe necessary to reduce the duration of any of the nonbase sentences imposed tobe served consecutively to the base sentence. The postrelease supervisionterm will reflect only the longest such term assigned toany of the crimes for which consecutive sentences are imposed.Supervision periods will not be aggregated.
(5) Nonbase sentences will not have criminal history scores applied,as calculated in the criminal history I column of the grid, but base sentenceswill have the full criminal history score assigned. In the event aconviction designated as the primary crime in a multiple conviction case isreversed on appeal, the appellate court shall remand the multiple convictioncase for resentencing. Upon resentencing, if the case remains a multipleconviction case the court shall follow all of the provisionsof this section concerning the sentencing of multiple conviction cases.
(6) If the sentence for the primary crime is a prison term, theentire imprisonment term of the consecutive sentences will be served in prison.
(7) If the sentence for the consecutive sentences is a prisonterm, the postrelease supervision term is a term of postreleasesupervision as established for the primary crime.
(8) If the sentence for the primary crime is a nonprisonsentence, a nonprison term will be imposed for each crime conviction,but the nonprison terms shall not be aggregated or served consecutively eventhough the underlying prison sentences have been ordered to be servedconsecutively.Upon revocation of the nonprison sentence, the offender shall serve the prisonsentences consecutively as provided in this section.
(c) The following shall apply for adeparture from the presumptive sentence based on aggravating factors withinthe context of consecutive sentences:
(1) The court may depart from the presumptive limits for consecutivesentences only if the judge finds substantial and compelling reasons to imposea departure sentence for any of the individual crimes beingsentenced consecutively.
(2) When a departure sentence is imposed for any of the individual crimessentenced consecutively, the imprisonment term of thatdeparture sentence shall not exceed twice the maximum presumptiveimprisonment term that may be imposed for that crime.
(3) The total imprisonment term of the consecutivesentences, including the imprisonment term for the departurecrime, shall not exceed twice themaximum presumptive imprisonment term of the departuresentence following aggravation.
History: L. 1992, ch. 239, § 20;L. 1993, ch. 291, § 266;L. 1994, ch. 291, § 59;L. 1996, ch. 267, § 14;L. 2000, ch. 37, § 1; July 1.