K.S.A. Chapter 21 - Article 69
Current through end of 2021 legislative session
21-6901 Alvin Sykes cold case DNA Task Force
21-6902 Kansas Criminal Justice Reform Commission
21-6901. Alvin Sykes Cold Case DNA Task Force.
(a) There is hereby established the Alvin Sykes cold case DNA task force. The task force shall be composed of 15 voting members, as follows:
(1) The chairperson of the standing senate committee on judiciary;
(2) the ranking minority member of the standing senate committee on judiciary;
(3) the chairperson of the standing house committee on judiciary;
(4) the ranking minority member of the standing house committee on judiciary;
(5) the governor or the governor's designee; (6) the attorney general or the attorney general's designee;
(7) the director of the Kansas bureau of investigation or the director's designee;
(8) the state combined DNA index system (CODIS) administrator or other designee of the director of the Kansas bureau of investigation forensic science laboratory;
(9) a sheriff as designated by the Kansas sheriff's association;
(10) a chief of police as designated by the Kansas association of chiefs of police;
(11) a prosecutor as designated by the Kansas county and district attorneys association;
(12) the executive director of the state board of indigents' defense services or the executive director's designee;
(13) the president of the Kansas bar association or the president's designee;
(14) the director of victim services of the department of corrections or the director's designee; and
(15) one member designated by the governor who represents an organization that litigates claims of innocence.
(b) (1) The chairperson of the standing senate committee on judiciary and the chairperson of the standing house committee on judiciary shall serve as co-chairpersons of the task force.
(2) The task force shall meet in an open meeting at any time and at any place within the state of Kansas upon the call of either cochairperson of the task force. A majority of the voting members of the task force constitutes a quorum. Any action by the task force shall be by motion adopted by a majority of the voting members present when there is a quorum.
(c) The task force, in consultation with practitioners and experts, shall develop a plan to ensure uniform statewide policies and procedures that address, at a minimum:
(1) Timely receipt of the data relating to hits to the combined DNA index system (CODIS) from the forensic laboratory;
(2) directly connecting the data relating to hits to the combined DNA index system (CODIS) to the relevant case file;
(3) proper policies and procedures to ensure all hits are accounted for and followed up;
(4) procedures to address how the key parties can conduct a reasonable and timely investigation into the significance of the hit; and
(5) sharing the hits in data from both solved and unsolved cases with other key parties, including the relevant prosecutors' offices, the original defense attorney and the last known attorney of record, crime victims and surviving relatives, and a local organization that litigates claims of innocence.
(d) The task force shall complete a plan for implementation of a protocol relating to hits to closed cases by October 1, 2021. The plan shall include a mechanism to ensure uniform compliance at the local law enforcement agency level.
(e) On or before December 1, 2021, the task force shall submit a report containing a plan for uniform implementation of the protocol throughout the state, including articulated benchmarks to facilitate and measure adoption. This report shall be posted on a public website maintained by the Kansas bureau of investigation and presented to the governor, the speaker of the house of representatives and the president of the senate.
(f) Legislative members of the task force attending meetings authorized by the task force shall be paid amounts provided in K.S.A. 75-3223(e), and amendments thereto. Non-legislative members of the task force may be reimbursed by their appointing authority.
(g) Staff of the office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide assistance to the task force as may be requested by the cochairs of the task force.
(h) The Alvin Sykes cold case DNA task force shall be a continuation of the Kansas closed case task force as it existed on December 29, 2020, and, except as provided in subsection (a)(8), members appointed prior to such date shall continue as members of the task force.
(i) The provisions of this section shall expire on December 30, 2021.
History: L. 2019, ch. 62, § 1, L. 2021, ch. 104, § 1; May 27.
21-6902. Kansas Criminal Justice Reform Commission.
(a) There is hereby created the Kansas criminal justice reform commission.
(b) The commission shall:
(1) Analyze the sentencing guidelines grids for drug and nondrug crimes and make recommendations for legislation that would ensure sentences are appropriate;
(2) review the sentences imposed for criminal conduct to determine whether the sentences are proportionate to other sentences imposed for criminal offenses;
(3) analyze diversion programs utilized throughout the state and make recommendations for legislation that:
(A) Requires pre-filing and post-filing diversion be an option in all counties;
(B) establishes minimum statewide standards for diversion; and
(C) provides a method for sealing or otherwise removing diversion records from criminal records;
(4) review supervision practices for offenders who serve sentences for felony offenses on community supervision, including supervision by court services, community corrections and parole;
(5) discuss and develop detailed recommendations for legislation that establishes research-based standards and practices for all community supervision programs that:
(A) Provide for incentives for compliant offenders to earn early discharge from supervision;
(B) create standardized terms and conditions for community supervision and provide for a method that courts may utilize to use special terms as indicated through the introduction of compelling evidence;
(C) create standardized effective responses to behavior through a system of incentives and graduated sanctions; and
(D) provide for a means to consolidate concurrent supervision into one supervision agency; and
(6) monitor the implementation of previously endorsed commission recommendations, including those developed through justice reinvestment, and receive updates, review data and identify opportunities for coordination, collaboration or legislation as needed.
(c) The commission shall be made of the following members:
(1) One member of the Kansas senate appointed by the president of the senate;
(2) one member of the Kansas senate appointed by the minority leader of the senate;
(3) one member of the Kansas house of representatives appointed by the speaker of the Kansas house of representatives;
(4) one member of the Kansas house of representatives appointed by the minority leader of the Kansas house of representatives;
(5) one member of the judicial branch court services appointed by the chief justice of the supreme court;
(6) one criminal defense attorney or public defender appointed by the governor;
(7) one public defender appointed by the executive director of the board of indigents' defense services;
(8) one county or district attorney from an urban area and one county attorney from a rural area appointed by the Kansas county and district attorneys association;
(9) one sheriff and one chief of police appointed by the attorney general;
(9) one professor of law from the university of Kansas school of law and one professor of law from Washburn university school of law, appointed by the deans of such schools;
(11) one drug and alcohol addiction treatment provider who provides services pursuant to the certified drug abuse treatment program appointed by the Kansas sentencing commission;
(12) one district judge appointed by the Kansas district judges association;
(13) one district magistrate judge appointed by the Kansas district magistrate judges association;
(14) one member representative of the faith-based community appointed by the governor;
(15) one member of a criminal justice reform advocacy organization appointed by the legislative coordinating council;
(16) one mental health professional appointed by the Kansas community mental health association;
(17) one member representative of community corrections appointed by the secretary of corrections; and
(18) the attorney general, the secretary of corrections and the executive director of the Kansas sentencing commission, or such persons' designees, shall serve as ex officio, nonvoting members of the commission.
(d) The appointing authorities shall provide notice of such appointments to the office of revisor of statutes and the legislative research department.
(e) The members of the commission shall elect officers from among its members necessary to discharge its duties. The commission shall receive testimony from interested parties at public hearings to be conducted in the various geographic areas of the state.
(f) If approved by the legislative coordinating council, legislative members of the commission attending meetings authorized by the commission shall be paid amounts for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(g) The commission shall have the authority to organize and appoint such task forces or subcommittees as may be deemed necessary to discharge such commission's duties, including adding ex officio, nonvoting members to such task forces or subcommittees.
(h) The commission shall work with the Kansas judicial council, the department of corrections, the office of judicial administration and the Kansas sentencing commission and review studies and findings of the Kansas sentencing commission concerning proportionality of sentencing.
(i) The commission shall prepare and submit its interim report to the legislature on or before December 1, 2019. A final report and recommendations shall be submitted to the legislature on or before December 1, 2021.
(j) The staff of the office of revisor of statutes and the legislative research department shall provide such assistance as may be requested by the commission as authorized by the legislative coordinating council.
(k) The governor shall appoint a facilitator to assist the commission in developing a project plan and who shall assist the commission in carrying out the duties of the commission in an orderly manner. The facilitator shall work in collaboration with the commission chairperson and staff of the office of revisor of statutes and the legislative research department. The facilitator shall not be a member of the commission.
History: L. 2019, ch. 62, § 2; L. 2021, ch. 104, § 2; May 27.