22-3728. Functional incapacitation release; procedures; notice; conditions; supervision upon release.
22-3728
22-3728. Functional incapacitation release;procedures; notice; conditions; supervision upon release.(a) (1) Upon application of the secretary of corrections,the Kansas parole board may grant release to any person deemed to befunctionally incapacitated, upon such terms and conditions as prescribed in theorder granting such release.
(2) The Kansas parole board shall adopt rules and regulations governing theprocedure for initiating, processing, reviewing and establishing criteria forreview of applications filed on behalf of persons deemed to be functionallyincapacitated. Such rules and regulations shall include criteria and guidelinesfor determining whether the functional incapacitation precludes the person fromposing a threat to the public.
(3) Subject to the provisions of subsections (a)(4) and (a)(5), a functionalincapacitation release shall not be granted until at least 30 days afterwritten notice of the application has been given to: (A) The prosecutingattorneyand the judge of the court in which the person was convicted; and (B) anyvictim of the person's crime or the victim's family. Notice of such applicationshall be given by the secretary of corrections to the victim who is alive andwhose address is known to the secretary, or if the victim is deceased, to thevictim's family if the family's address is known to the secretary. Subject tothe provisions of subsection (a)(4), if there is no known address for thevictim, if alive, or the victim's family, if deceased, the board shall notgrant or deny such application until at least 30 days after notification isgiven by publication in the county of conviction. Publication costs shall bepaid by the department of corrections.
(4) All applications for functional incapacitation release shall be referredto the board. The board shall examine each case and may approve suchapplication and grant a release. An application for release shall not beapproved unless the board determines that the person is functionallyincapacitated and does not represent a future risk to public safety. The boardshall determine whether a hearing is necessary on the application. The boardmay request additional information or evidence it deems necessary from amedical or mental health practitioner.
(5) The board shall establish any conditions related to the release of theperson. The release shall be conditional, and be subject to revocation pursuantto K.S.A. 75-5217, and amendments thereto, if the person's functionalincapacity significantly diminishes, if the person fails to comply with anycondition of release, or if the board otherwise concludes that the personpresents a threat or risk to public safety. The person shall remain on releasesupervision until the release is revoked, expiration of the maximum sentence,ordischarged by the board. Subject to the provisions of subsection (f) of K.S.A.75-5217, and amendments thereto, the person shall receive credit for the timeduring which the person is on functional incapacitation release supervisiontowards service of the prison and postrelease supervision obligations ofdeterminate sentences or indeterminate and off-grid sentences.
(6) The secretary of corrections shall cause the person to be supervised uponrelease, and shall have the authority to initiate revocation of the person atany time for the reasons indicated in subsection (a)(5).
(7) The decision of the board on the application or any revocation shall befinal and not subject to review by any administrative agency or court.
(8) In determining whether a person is functionally incapacitated, the boardshall consider the following: (A) The person's current condition as confirmedby medical or mental health care providers, including whether the condition isterminal;
(B) the person's age and personal history;
(C) the person's criminal history;
(D) the person's length of sentence and time the person has served;
(E) the nature and circumstances of the current offense;
(F) the risk or threat to the community if released;
(G) whether an appropriate release plan has been established; and
(H) any other factors deemed relevant by the board.
(b) Nothing in this section shall be construed to limit or precludesubmission of an application for pardon or commutation of sentence pursuant toK.S.A. 22-3701, and amendments thereto.
History: L. 2002, ch. 57, § 1; July 1.