Minutes of the Kansas Sentencing Commission Meeting January 22, 2016 The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to order on January 22, 2016 at 1:30 p.m. Participants: Members: Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair Honorable Patrick D. McAnany Senator David B. Haley Representative Tom Sawyer Representative John J. Rubin Representative Janice Pauls Senator Carolyn McGinn Jonathan Ogletree, Kansas Prisoner Review Board Steve Karrer, Kansas Attorney General’s Office Designee Chris A. Mechler, Office of Judicial Administration Interim Secretary Johnnie Goddard, Department of Corrections Kevin N. Berens, Thomas County Attorney Stacey L. Donovan, Third Judicial District Public Defender’s Office Nathan Barnes, Public Member Guests: Marie McNeal, Department of Corrections Tim Madden, Department of Corrections Mitchel DePriest, Hein Governmental Consulting, LLC Staff: Scott M. Schultz, Executive Director Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research Fengfang Lu, Senior Research Analyst Charlene Peacock, Utilization Review/SB 123 Program Director Ebo Browne, Research Analyst Jesse Becker, Finance Director Trish Beck, Program Assistant Erica Waggoner, Administrative Assistant
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Minutes of the Kansas Sentencing Commission Meeting
January 22, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission meeting to
order on January 22, 2016 at 1:30 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative John J. Rubin
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Steve Karrer, Kansas Attorney General’s Office Designee
Chris A. Mechler, Office of Judicial Administration
Interim Secretary Johnnie Goddard, Department of Corrections
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Peacock, Utilization Review/SB 123 Program Director
Ebo Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
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Approval of Proposed Agenda
Vice Chair Fowler asked for a motion to approve the proposed agenda as written. Honorable
Patrick McAnany moved to approve the agenda and Amy Hanley seconded the motion. The
motion carried and the agenda was approved.
Approval of Minutes
Vice Chair Fowler referred to the Sentencing Commission Meeting minutes of January 22, 2016.
Honorable Patrick McAnany moved to approve the minutes as written. Chris Mechler seconded
the motion. The motion carried and the minutes were approved.
Welcome New KSC Members
Vice Chair Fowler introduced and welcomed new Sentencing Commission members Meredith
Butler, who is replacing Betsy Gillespie and Terry Malone, who is replacing Shawn Elliot.
2016 Legislative Update
Executive Director Scott Schultz, provided a legislative update on relevant sentencing bills. The
following bills were discussed: HB 2049, HB 2460, HB 2462, HB 2463, HB 2464, HB 2447, SB
367, and SB 392.
Staff is currently tracking 65 bills that are significant to its duties to create legislative bed space
impacts.
KSC Subcommittee Solicitation
Executive Director Scott Schultz proposed that a legislative committee be formed for the purpose
of coordinating proposed legislative initiatives at future Commission workshops. Representative
John Rubin moved to approve adding a Legislation Subcommittee. Nathan Barnes seconded the
motion. The motion carried and the new Legislation Subcommittee was approved.
Mr. Schultz discussed the need for replacements on the subcommittees and asked for volunteers.
Meredith Butler volunteered to take Betsy Gillespie’s position on the LSI-R, HB 2170, and SB
123 Subcommittees. Representative John Rubin volunteered to join the Legislative and HB 2170
Subcommittees. Stacey Donovan volunteered to join the JE Forms and Legislative
Subcommittees. Representative Janice Pauls volunteered to join the Legislative and HB 2170
Subcommittees. Chair Wilson will coordinate a new committee list and distribute it by the next
meeting.
Chris Mechler moved to disband the LSI-R Subcommittee until further needed. Representative
Tom Sawyer seconded the motion. The motion carried and the LSI-R Subcommittee is disbanded.
Upon suggestion from Mr. Schultz, consensus was reached to rename each of the subcommittees
as committees to more accurately reflect their hierarchy in the organization.
2013 HB 2170 Update
Research Analyst Ebo Browne presented data on current HB 2170 projects, which include the HB
2170 Continuing Legal Education Webinar and HB 2170 Handbook. Commission members
discussed opportunities for future research pertaining to HB 2170.
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Topic Recommendations for the Joint Committee on Corrections and Juvenile Justice
Oversight Meeting
Executive Director Scott Schultz advised the Commission has been asked to provide potential
topics for the Committee to consider at its meeting on April 27, 2016. Representative John Rubin
described the function and charge of the JCCJJO and recommended to delay any action until the
KSC workshop in September to identify those topics. No further action was taken.
Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed KDOC prison population reports.
Mr. Schultz informed the members that Governor Sam Brownback appointed Secretary Joseph
Norwood as the Secretary of Corrections and he will begin work on May 30, 2016. Mr. Schultz
also informed the members that the 2015 Annual Report created by Fengfang Lu, Senior
Research Analyst, is now posted on the agency website.
Mr. Schultz stated that Karen Wittman has been hired for the part-time attorney position and she
will begin May 23, 2016.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on May 19, 2016 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 3:06 p.m.
Minutes of the Kansas Sentencing Commission Meeting
May 19, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC) meeting to order on May 19, 2016 at 1:34 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley Representative Tom Sawyer
Representative John J. Rubin
Representative Janice Pauls Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board Designee
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration Interim Secretary Johnnie Goddard, Secretary of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Marie McNeal, Department of Corrections Mitchel DePriest, Hein Governmental Consulting, LLC
Susanna Honaker, Little Government Relations, LLC
Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs’ Association Tim Madden, Senior Counsel, Department of Corrections
Karen Wittman, Attorney
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Becker, Utilization Review/SB 123 Program Director George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
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Approval of Proposed Agenda
Chair Wilson asked for a motion to approve the proposed agenda as written. Honorable Patrick
McAnany moved to approve the agenda and Stacey Donovan seconded the motion. The motion
carried and the agenda was approved.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Meeting minutes of April 15, 2016. Vice
Chair Fowler moved to approve the minutes as written. Chris Mechler seconded the motion. The
motion carried and the minutes were approved.
Welcome New KSSC Members
Chair Wilson introduced and welcomed new Sentencing Commission member, Jessica Domme, who is replacing Amy Hanley as the Attorney General’s designee.
Employee Award & Recognition Program
To encourage and recognize high achievement in the workplace, Executive Director Scott Schultz
explained that the agency is now participating in an Employee Award and Recognition Program
and this was the first recognition ceremony. Mr. Schultz advised of the program’s purpose, process/procedure, eligibility and award categories. Listed below are the award categories in
which staff is eligible every quarter:
Distinguished Accomplishment;
Meritorious Service;
Kansas Quality Management;
Volunteerism;
Length of Service and
Employee of the Quarter
The Selection Committee of Chair Wilson, Vice Chair Fowler and Kevin Berens met in April to
consider nominations and determine award candidates. On behalf of the agency, Mr. Schultz presented the awards and recognitions as follows:
Meritorious Service: Chis Chavez, Research Analyst III;
Distinguished Accomplishments: George “Ebo” Browne, Research Analyst;
Distinguished Accomplishment: SB 123 Program team of Charlene Becker, Jesse
Becker, Trish Beck and Donna Owens; and
Employee of the Quarter: Trish Beck, Program Assistant
SB 123 Committee Update
Committee chair Chris Mechler provided an SB 123 update on a meeting that was held on May 19, 2016. Ms. Mechler reported that staff had requested guidance as to keeping the payment
processing in-house or exploring a third party vendor to provide expanded services. Jesse Becker
presented beneficial information, including a cost estimate, regarding an in-house TPPS (Treatment Provider Payment System) proposal of upgrading the current system versus a third
party solution that could also provide utilization management (UM). Brian Baker, Beacon Health
Options, provided information to the committee on Managed Care Organizations, contracted UM
and the benefits of utilizing a vendor. The committee will schedule a follow-up meeting to determine the direction of the project.
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Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting which included a legislative update. Five of the eight bills introduced by the Commission were signed into law.
The Commission and Sentencing Guidelines 101
Executive Director Scott Schultz announced that upon adjournment of the meeting, he would
provide a presentation, The Commission and Sentencing Guidelines 101: A Nuts and Bolts Approach and welcomed members and guests to attend.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on June 23, 2016 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 2:32 p.m.
Minutes of the Kansas Sentencing Commission Teleconference Meeting
June 23, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC)
teleconference meeting to order on June 23, 2016 at 1:28 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Tim Madden, Secretary of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Marie McNeal, Department of Corrections
Staff:
Scott M. Schultz, Executive Director
Brenda Harmon, Special Assistant to the Executive Director
Kunlun Chang, Director of Research
Fengfang Lu, Senior Research Analyst
Charlene Becker, SB 123 Program Director/Utilization Review Specialist
George “Ebo” Browne, Research Analyst
Jesse Becker, Finance Director
Trish Beck, Program Assistant
Erica Waggoner, Administrative Assistant
Karen Wittman, Attorney
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Approval of Proposed Agenda
Chair Wilson asked for a motion to approve the proposed agenda as written. Kevin Berens moved
to approve the agenda. Chris Mechler seconded the motion and the motion carried.
Approval of Minutes
Chair Wilson referred to the Sentencing Commission Meeting minutes of May 19, 2016. Chair
Wilson moved to amend the minutes to reflect Senator Carolyn McGinn as participating in the
May meeting. Chris Mechler seconded the motion. Meredith Butler moved to approve the
minutes as amended. Jonathan Ogletree seconded the motion and the motion carried.
Approval of Revisions of the 2016 Journal Entry Forms
As a result of 2016 legislative changes, the Journal Entry Forms Committee Chair Kevin Berens
provided proposed changes to Kansas Sentencing Guidelines forms. This included the
Presentence Investigation Report (PSI), Journal Entry of Judgment (JE) and Journal Entry of
Probation Violation Hearing (PVJE).
Representative Janice Pauls moved to approve the PSI form as revised. Chris Mechler seconded
the motion and the motion carried.
Chair Wilson moved to approve the JE as revised with an amendment of adding a check box to
special sentencing rule #27. Chris Mechler seconded the motion and the motion carried.
Honorable Patrick McAnany moved to approve the PVJE as revised. Jonathan Ogletree seconded
the motion and the motion carried.
Mr. Berens presented the 2003 SB 123 Eligibility flowchart that was developed by Commission
staff and requested a motion to approve. Vice Chair Fowler moved to approve the flowchart.
Chris Mechler seconded the motion and the motion carried.
SB 123 Committee Update
Committee Chair Chris Mechler provided a SB 123 update. Ms. Mechler reported that the
committee reviewed options for updating the payment system for the program. Previous meetings
have determined that in-house and third party solutions are available. The committee has formed
a subcommittee to explore and draft a Request for Proposal to determine if a third party vendor is
available to replace the current TPPS (Treatment Provider Payment System) used to process and
track invoice payments in the program. SB 123 Director Charlene Becker provided the
requirements in order to move forward with the process. Ms. Mechler informed the Commission
the subcommittee will be meeting bi-weekly on Fridays until January 2017.
Agency Report
Executive Director Scott Schultz provided a summary of the agency’s activities since the last
meeting and reviewed the KDOC prison population letter and monthly monitoring report.
Next Meeting
The next Sentencing Commission meeting will be at 1:30 p.m. on July 21, 2016 at the Jayhawk
Tower, Senate Room.
Meeting adjourned 1:53 p.m.
Minutes of the Kansas Sentencing Commission Meeting
August 25, 2016
The Honorable W. Lee Fowler, Vice Chair, called the Kansas Sentencing Commission (KSSC)
meeting to order on August 25, 2016 at 1:35 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Secretary Joe Norwood, Department of Corrections
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
In presenting the final proposal, Stacey Donovan discussed two amendments to the act.
Action Taken on 2017 KSSC Proposed Legislation
KSSC members were referred to handout, Proposals for 2016 KSSC Workshop, which was being
used as a tool while considering KSSC 2017 proposed legislation. The following action was taken
as to the proposals:
Proposal #1 – Controlled Substances Study
Vice Chair Fowler asked for a motion to consider exploring possible grants for
the controlled substances study. Chris Mechler moved to approve the motion.
Representative Tom Sawyer seconded the motion and the motion carried.
Proposal #2 – Pre-trial SB 123 Program Representative John Barker moved to approve Proposal #2. Representative Tom
Sawyer seconded the motion and the motion carried. Chris Mechler, Kevin Berens and
Jessica Domme opposed the motion.
Proposal #3 – Repeal Special Rule 26 for Third Time Possession of Controlled Substances
Senator David Haley moved to approve Proposal #3. Stacey Donovan seconded
the motion and the motion carried. Kevin Berens and Jessica Domme opposed the
motion.
Proposal #4 – Allow SB 123 Treatment to be Used for Severity Level 4 Drug Crimes
Judge McAnany moved to approve Proposal #4. Vice Chair Fowler seconded the
motion and the motion carried.
Proposal #5 – Amending the Criminal Penalties for Unlawful Tampering with Electronic
Equipment
Senator David Haley moved to approve Proposal #5. Stacey Donovan seconded
the motion and the motion carried. Jessica Domme opposed the motion.
Proposal #6 – Allow Certain Juvenile Adjudications to Decay from Adult Criminal History Representative Janice Pauls moved to approve Proposal #6. Representative John
Barker seconded the motion and the motion carried. Kevin Berens and Jessica Domme
opposed the motion.
Proposal #7 – KSSC Interagency Cooperation
Judge McAnany moved to approve Proposal #7. Chris Mechler seconded the
motion and the motion carried.
Proposal #8 – Resolving Postrelease Supervision When Considering K.S.A. 22-3717(d)(1)(D)
and (G)
Jessica Domme moved to approve Proposal #8 with new language to be
discussed at the October commission meeting. Kevin Berens seconded the motion and the
motion carried.
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Proposal #9 – Sentencing of Juveniles Certified as Adults
Jessica Domme moved to approve Proposal #9 with new language to be
discussed at the October commission meeting. Judge McAnany seconded the motion and
the motion carried.
Proposal #10 – Offender Registration Act
Stacey Donovan moved to remove cultivation and distribution of controlled
substances in K.S.A. 21-5705(a)(1) from the definition of “drug offender” in the
Offender Registration Act. Chris Mechler seconded the motion and the motion carried.
Kevin Berens and Jessica Domme opposed the motion.
Stacey Donovan moved to amend the act to always charge a misdemeanor for the
failure to pay the $20 registration fee, rather than a felony. Representative Tom Sawyer
seconded the motion and the motion carried.
Proposal #11 – Increase Loss Thresholds Stacey Donovan moved to approve Proposal #11. Kevin Berens seconded the
motion and the motion carried.
Adjournment
Senator Haley moved to adjourn. Representative Barker seconded the motion and the motion
carried.
The next Sentencing Commission meeting will be at 1:30 p.m. on October 20, 2016 at the
Jayhawk Tower, Senate Room.
Meeting adjourned 11:09 a.m.
Minutes of the Kansas Sentencing Commission Meeting
October 20, 2016
The Honorable Evelyn Z. Wilson, Chair, called the Kansas Sentencing Commission (KSSC)
meeting to order on October 20, 2016 at 2:01 p.m.
Participants:
Members:
Honorable Evelyn Z. Wilson, Chair
Honorable W. Lee Fowler, Vice Chair
Honorable Patrick D. McAnany
Senator David B. Haley
Representative Tom Sawyer
Representative John Barker
Representative Janice Pauls
Senator Carolyn McGinn
Jonathan Ogletree, Kansas Prisoner Review Board
Jessica G. Domme, Kansas Attorney General’s Office
Chris A. Mechler, Office of Judicial Administration
Tim Madden, Secretary of Corrections Designee
Kevin N. Berens, Thomas County Attorney
Stacey L. Donovan, Third Judicial District Public Defender’s Office
Meredith Butler, Eighth Judicial District Community Corrections
Nathan Barnes, Public Member
Terry J. Malone, Attorney
Guests:
Natalie Scott, Assistant Revisor of Statutes
Jason Thompson, Senior Assistant Revisor of Statutes