2. Laws : I shall obey all federal and state laws, municipal or county ordinances, including the Kansas Violent Offender Registration Act. If the Kansas Offender Registration Act is applicable to me, I will register with the local Sheriff's Office within 10 days of arrival in the county of residence upon moving to any other county in Kansas. Changes in residence within the same county requires written notification to the Sheriff's Office. If I am arrested for any reason, I will notify my parole officer at the earliest allowable opportunity.
3. Weapons : I will not own, possess, purchase, receive, sell or transport any firearms, ammunition or explosive device, or any device designed to expel or hurl a projectile capable of causing injury to persons or property, or any weapon prohibited by law.
4. Personal Conduct : I will not engage in assaultive activities, violence, or threats of violence of any sort.
5. Narcotics/Alcohol : I will not illegally possess, use, or traffic in any controlled substance, narcotics or other drugs as defined by law except as prescribed by a licensed medical practitioner. I will not consume any mind-altering substances. I agree and consent to submit to a blood, Breathalyzer or urine test at the direction of the parole officer. At no time will I consume intoxicating liquor, including beer or wine, without written permission from my parole officer. At no time will I become intoxicated from the consumption of any substance, including, but not limited to, wine, beer, glue, or paint.
6. Association : I will not associate with persons engaged in illegal activity and will obtain written permission from the parole officer and institutional director to visit or correspond with inmates of any correctional institution.
7. Employment : I agree to secure and maintain reasonable, steady employment within 45 days of my release from prison or residential treatment unless excused for medical reasons or an extension of time is given by my parole officer. I agree to notify my employer of my current and prior (non-expunged) adult felony convictions and status as an offender.
8. Education : I agree to make progress toward or successfully complete the equivalent of a secondary education if I have not completed such by the time of my release and I am capable, as determined by my parole officer.
9. Costs : I agree to pay restitution, court costs, supervision fees, and other costs as directed by my parole officer.
10. Treatment/Counseling : I agree to comply with my relapse prevention plan and the recommendations of any treatment or counseling, or assessment program which I have completed during my incarceration or while under supervision. I agree to follow any directives given to me by my parole officer regarding evaluations, placement and/or referrals. I agree to submit to polygraph examinations as directed by my parole officer and/ or treatment provider.
11. Victim : I agree to have no contact with the victim(s) in my case(s) or the victim's family by any means including, but not limited to, in person, by phone, via computer, in writing, or through a third party without the advance permission of my parole officer.
12. Search : I agree to subject to a search by parole officer(s) of my person, residence, and any other property under my control.
13. Special Conditions : I agree to abide by the special conditions(s) set forth below, as well as to comply with instructions which may be given or conditions imposed by my parole officer from time to time as may be governed by the special requirements of my individual situation.
]]>Kansas Department of Corrections
ATTN: Prisoner Review Board
714 SW Jackson, Suite 300
Topeka, Kansas 66603
| CLEMENCY APPLICATIONS | ||
|---|---|---|
| Fiscal Year | Received by the PRB | Recommended Favorably by the PRB |
| 2015 | 3 | 0 |
| 2016 | 30 | 0 |
| 2017 | 16 |
5 |
| 2018 | 35 | 3 |
The system of early release of inmates, which we know today as “parole,” can be traced to as early as 1864. At that time the Governor, vested with constitutional authority, enjoyed the power to commute or reduce an inmate’s sentence when deemed appropriate and advisable. To offer assistance to the Governor, the 1885 Legislature created a Board of Pardons whose function was to review commutation or pardon applications and report their recommendations to the Governor. This was a three-person Board, which met four times per year at the State Capitol. Each member received $5 per day for compensation.
In 1901, the Legislature again addressed the area of early release of inmates and empowered the Governor to set certain inmates free under circumstances and conditions quite similar to today’s parole. In fact, this legislation was the first to ever use the word “parole.” The Governor was required to make certain findings before authorizing an inmate’s release under this system. The Governor had to be convinced that the inmate had served an adequate amount of time to be reformed. The Governor also had to find that the inmate could be released without endangering the community and that the inmate could find suitable employment upon release.
As with today’s parole, conditions were attached to this privileged release. The inmate was required to report regularly to the Warden, refrain from using intoxicating liquors and gambling, refrain from frequenting places where intoxicating liquor was sold or where gambling occurred and refrain from associating with criminals and unworthy associates. An inmate could be incarcerated for violating these conditions and might not again be released until the expiration of his sentence - a much stricter requirement than today.
It was not until 1903 that a release procedure was adopted that was independent of the Governor’s power. The Legislature created a Prison Board comprised of the Board of Directors and the Warden of the Penitentiary. The Board could parole inmates who had served their minimum sentences and had secured residence and employment. Conditions were attached to those releases and revocation was available when conditions were violated.
More than 50 years passed without substantive modifications to the Prison Board or its power. In 1957, however, the Prison Board was abolished and the Board of Probation and Parole was created. This Board had five part-time members who were appointed by the Governor and confirmed by the Senate. No more than three could share the same political affiliation and the membership had to include an attorney, a minister, a businessman and a farmer. The fifth member was chosen at-large.
The Board size was decreased in 1961 to three members, who received an annual salary as opposed to the previous per diem allowance. As before, the appointments were made by the Governor and approved by the Senate. The authority to grant or deny parole, and the powers attendant therewith, were vested exclusively in this Board while the Governor retained control over pardons and commutations. After a century of development and growth, the parole system finally emerged. It was allowed to separate from the Governor’s authority and was acknowledged as an independent entity.
The Board of Probation and Parole had the responsibility of deciding who was granted parole and to supervise those offenders who were placed on parole as well as those offenders who sentencing judges had placed on probation. The supervising task remained with the Board until 1974. At that time, the Board of Probation and Parole was abolished and replaced by the Kansas Adult Authority. This Board had five members, with no more than three permitted to be from the same political party. One member was required to be an attorney, and two of the others from the fields of medicine, psychiatry, sociology or psychology. With the removal of parole and probation supervision from its jurisdictions, the Board focused on parole decisions, policies, and procedures, revocation of parole violators, discharge of parolees from supervision and review of pardon and clemency applications.
In 1979, the five-member Board became full-time employees of the State of Kansas.
In 1983, the Governor reduced the Board to three members and this change was ratified by the 1984 Legislature. Also in 1984, the name was changed from the Kansas Adult Authority to the Kansas Parole Board effective January 1, 1986.
Kansas Parole Board members were appointed by the Governor, with the advice and consent of the Senate. No more than two members could belong to the same political party. Members served staggered four year terms and represented diverse backgrounds, professional training and experience.
The 1988 Legislature increased Board membership to five then during the 1997 Legislative session; a law was passed which reduced the membership of the Parole Board to four full-time members. This reduction became effective in June 1997 effective July 1, 2003, the Legislature once again reduced the Board to three full time members.
In 2011, Governor Sam Brownback issued Executive Reorganization Order No. 34 (ERO 34) which abolished the Kansas Parole Board and established a three-member Prisoner Review Board whose members are appointed by the Secretary of Corrections and serve at the pleasure of the Secretary. This change became effective July 1, 2011.
]]>]]>The Parole Process
Public Comment Sessions
The Prisoner Review Board conducts monthly Public Comment Sessions in the cities of Derby, Topeka and Kansas City. The sessions provide an opportunity for Board members to receive written and oral input from victims, victims’ families, inmates’ families, community members and other interested persons regarding the possible parole of inmates. Notice of the Public Comment Sessions and a list of relevant inmates are available at: Public Comment Sessions.
Parole Eligibility
Inmates under the indeterminate sentencing structure become parole eligible after serving the minimum sentence, less good time credits. The good time credits are calculated according to statute. Currently, good time is earned at a rate of one day for every day served for sentences with a minimum of two years. In other words, an individual will become eligible at half of his/her minimum sentence if all good time is earned. For sentences with a one-year minimum, parole eligibility is reached after serving nine months.
The Parole Hearing
By statute, the Board must conduct a parole hearing during the month prior to the inmate’s parole eligibility date with the inmate present if he/she is incarcerated in Kansas. This appearance does not necessarily mean that the inmate will be released on parole. Parole eligibility is viewed by the Board as distinctly different from parole suitability.
During the parole hearing the inmate is given an opportunity to:
- Present to the Board the inmate’s version of the offense and any mitigating or precipitating factors;
- Discuss the inmate’s prior criminal history;
- Discuss the progress the inmate has made and the programs that have been completed, including those that are a part of the inmate’s Program Agreement;
- Discuss the precipitating or mitigating factors of any Disciplinary Reports the inmate has received while incarcerated;
- Discuss the inmate’s problems and needs;
- Present and discuss a parole plan;
- Discuss other matters that are pertinent to consideration of parole release;
- Present other reasons the inmate believes makes him/her ready for parole.
Parole hearings provide the Board an opportunity to review all available reports and material pertinent to the case, as well as to question the inmate directly about relevant issues and to make an assessment of the inmate and his/her readiness for parole.
The Parole Decision-Making Process
Kansas Law stipulates that the Board may release on parole those inmates who have satisfactorily completed the Program Agreement, required by the K.S.A. 75-5210a, whom the Board believes are able and willing to fulfill the obligations of a law-abiding citizen, and when the Board is of the opinion that there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate. (K.S.A. 22-3717 (e)).
In conjunction with K.S.A. 22-3717 (h), the following non-exhaustive factors are considered when determining parole suitability:
- Circumstances of the offense
- Previous criminal record and social history of the inmate
- Programs and program participation
- Conduct, employment, attitude, disciplinary history during incarceration
- Reports of physical/mental examinations, including but not limited to risk factors revealed by any risk assessment
- Comments from public officials, victims or their family, offender family or friends, or any other interested member of the general public
- Capacity of state correctional institutions
- Input from staff where offender is housed
- Proportionality of time served to the sentence that would have been received under the Kansas sentencing guidelines for the conduct that resulted in the inmate's incarceration
- Presentence report
In addition to soliciting comments from violent crime victims, comments are solicited from public officials regarding the inmate’s possible parole. These officials include the Prosecuting Attorney, Sheriff’s Department, Police Department and the Sentencing Judge from the county or counties in which the inmate was convicted. This information is made available to the Board at the inmate’s hearing.
These considerations take into account the welfare of the community and public safety in determining the optimum period of time for parole release of an individual inmate. The parole decision is representative of the criminal justice system and governmental guidelines and is an attempt to reflect the general attitude and opinions of law enforcement and the community at large. Before granting parole, the Board determines whether or not an offender has demonstrated appropriate behavior which ensures a reasonable opportunity to succeed socially and economically. The Board takes into consideration the individuality of offenders on a case-by-case basis.
The Board can make one of three basic decisions at a parole hearing. These decisions are
- parole
- continue
- pass
The Board can decide to “parole” when it believes the inmate is suitable for release.
Secondly, the Parole Board can decide to “continue,” which is to postpone making a decision to parole or pass the inmate. This action is made to facilitate further deliberation or receipt of information, when it requires a more in-depth review or discussion of the case. The Board may also continue for additional votes necessary for a majority decision. Other times, it may continue for the inmates to undergo an evaluation to assess the inmate’s mental health. Once the reason for the continuation is satisfied, a determination as to whether or not to release the inmate is made.
The third decision is to “pass” for a particular period of time, which is a denial of parole. The maximum period for which the Prisoner Review Board may pass offenders convicted of A or B felonies or off-grid offenses is ten years, if the Board can provide reasons as to why it is not believed that the inmate would have been granted parole otherwise. Previously, offenders convicted of such offenses could only be passed for up to 3 years.
For offenders convicted of offenses other than A or B felonies or off-grid offenses, the Board may issue a pass for a period up to three years, provided the Board can give reasons as to why it is not believed that the inmate would have been granted parole otherwise. Previously, offenders convicted of such offenses could only be passed for up to one year.
Appeal
An inmate has the right to appeal a parole decision under authority of K.A.R. 45-200-2(b), when he/she can present “new evidence which was unavailable at the prior hearing.” The appeal must be made in writing and specify the new evidence upon which the inmate relies. Those that meet the outlined criteria are reviewed by the Prisoner Review Board so that a decision can be made regarding the appeal. Once a decision has been reached, the offender is notified of the decision by the Board.
Conditional Release
A conditional release is the date when an inmate under an indeterminate sentence must be released, because he/she has served half of the maximum sentence. Good time for conditional release is calculated in the same manner as for parole eligibility. Therefore, for sentences with a maximum of two years or more an inmate must serve one-half of the maximum before being conditionally released. For example, on a three-to-ten year sentence, an inmate will reach his/her conditional release after serving five years and must be released at that time, provided he/she has lost no good time. When an inmate reaches his/her conditional release, the Prisoner Review Board reviews the inmate’s file and establishes conditions with which the inmate must comply. The offender is then placed on conditional release and supervised until the maximum sentence date or granted an early discharge by the Board.
Post-Release Supervision
The Kansas Legislature imposed a Sentencing Guideline Sentencing structure for individuals whose crimes were committed on or after July 1, 1993. This system is determinate in nature, in that the inmate’s period of incarceration is predetermined at sentencing. Post-release supervision is similar to conditional release. Post-release supervision begins when an inmate has served the maximum sentence, less good time credits. Each sentence has its own predetermined period of supervision and the inmate may earn good time in an amount no greater than 15-20 percent (depending on when the crime occurred) of the sentence, thereby reducing the portion of the sentence that must be served in prison. This amount of time, however, will then be added to the period of post-release supervision, so that the entirety of the term will not be affected or reduced. Therefore, since the inmate’s release date is predetermined, the Prisoner Review Board’s role at release is to set the conditions of the supervision period. Once the individual reaches the expiration date of his/her supervision period, the individual’s obligation to the state has been satisfied.
Parole, Conditional Release, and Post-Release Revocation Hearings
In general, after an inmate has been released on parole, conditional release or post-release supervision, the Secretary of Corrections may issue a warrant when a violation of parole, conditional release or post-release supervision has been established. This process is initiated by an offender’s Parole Officer, not by the Prisoner Review Board. If the Parole Officer wishes to pursue revocation proceedings, a probable cause/ preliminary hearing is conducted by the field parole staff and an impartial hearing officer. If probable cause is found, the inmate may be returned to the Department of Corrections’ custody. The offender is then scheduled for a revocation hearing before the Prisoner Review Board. The inmate has the right to have witnesses present who may have information relevant to the alleged violation. If the violation is established to the satisfaction of the Board, it may revoke the parole, conditional release or post-release or take any other appropriate action. In the case that the release is revoked, this action could include assessment of a penalty in the nature of further time which the inmate must serve before again being considered by the Board for release.
For offenders under post-release supervision, the Board is limited in the length of time it can order offenders to serve on a condition violation. For these offenders, depending on when their original conviction occurred, the Board may only revoke for up to 90 days or for 180 days. The exception to these limits is if the violation results from a conviction for a new felony or misdemeanor. Prior to July 1, 2013, upon revocation for a new felony conviction the inmate was required to serve the entire remaining balance of the period of post-release supervision even if the new conviction did not result in the imposition of a new term of imprisonment. As a result of FY2013 legislation that amended K.S.A. 75-5217 (c) the Board, beginning July 1, 2013, has the discretion to require an offender to serve a revocation period up to the date of sentence discharge when revocation is predicated on either a new felony or misdemeanor conviction.
Waiver of Final Prisoner Review Board Hearing
During the FY 1999 legislative session, K.S.A. 75-5217 (b) was amended to provide post-release supervision violators the option of waiving their final hearing before the Prisoner Review Board. Following arrest, an offender is served documents regarding the pending revocation and has the option to admit guilt and sign a waiver of their right to a hearing before the Board. In doing so, the revocation process for the offender begins at that point, and the revocation period of either 90 or 180 days begins immediately, rather than after the offender appears in person before the Board at a revocation hearing. Offenders who have been granted a parole release are not eligible to waive their final hearing before the Board.
Discharge from Supervision
An inmate under the indeterminate release system can be maintained on supervision up to the expiration of his/her maximum sentence. There is a minimum requirement of one year of supervision before discharge may be requested. This action may be initiated by the offender’s supervising Parole Officer, the Prisoner Review Board or the offender. A poor performance under supervision could result in causing the inmate to remain under supervision for a longer period of time than one or two years. If an inmate’s adjustment has been satisfactory, the Parole Officer may submit a written report, summarizing the offender’s conduct while under supervision, which outlines for the Board issues such as employment, compliance with conditions and law enforcement contact. The Request for Discharge must be accompanied by an approval by the Parole Officer’s supervisor and is then considered by the Board. Without regard to his/her conduct, an inmate must be released from supervision at the maximum sentence expiration date in the absence of an early discharge.
During the FY 2013 legislative session, K.S.A. 22-3717 (d) (2) was amended to allow offenders serving 12, 24 or 36 months of post release supervision to petition the Board for early discharge if they have paid court ordered restitution.
Maximum Release
In the event an inmate under the indeterminate release system has had his/her Conditional Release revoked and/or serves to the maximum, he/she shall be released from prison at that time as the offender’s sentence has been satisfied. The Board has no authority to set any conditions upon the release or to have any control over the offender’s conduct. The Department of Corrections, similarly, cannot provide any supervision. Once an offender reaches his/her maximum date the offender’s obligation to the State has been satisfied and the Board records this with the issuance of a maximum sentence discharge certificate.
Executive Clemency
Executive Clemency is an extraordinary method of relief and is not regarded as a substitute for parole. An inmate who believes that he/she has a deserving case for executive clemency may request the necessary applications from institutional staff. Once completed by the inmate, these forms are submitted to the Board, along with the inmate’s reasons for applying for clemency. As required by law, a notice of the inmate’s application is forwarded to the official county newspaper in the area of conviction so that interested parties may offer comments. In the event the inmate does not have sufficient funds for the cost of this publication, the Department of Corrections bears the cost. Comments are solicited from the sentencing judge and the prosecuting attorney. After the formalities have been accomplished, the Board conducts a file review to determine if a personal interview with the inmate is warranted. After reviewing the file, and conducting a hearing (if needed), the Board then submits a recommendation to the Pardon Attorney in the Governor’s office for the Governor’s final action.
The Prisoner Review Board conducts monthly Public Comment Sessions in the cities of Derby, Topeka and Kansas City. These sessions provide an opportunity to allow victims, family, public officials, community members, and other interested persons to express their support, opposition, concern, or comments regarding the potential parole of offenders who are scheduled for parole hearings the following month.
In addition to the Board members, a representative from the KDOC Office of Victim Services will be in attendance at each session to provide instructions and assistance.
Notice of the Public Comment Sessions and a list of parole eligible offenders are posted at: Public Comment Sessions. Public officials including District Attorneys, Victim/Witness Coordinators and other related correctional agencies across the State also receive notice of Public Comment Sessions. Victims registered through the Department of Corrections Office of Victim Services will receive direct and confidential notification of these sessions (K.S.A. 74-7335).
Please use the offender's name, number and facility if known. On the relationship line, please note your association to the offender. Use the comment lines to provide the Board information not already included in the offender's file. The Board will have information available on institutional adjustment and programs, therefore you will not need to cover these areas unless you have additional information.
The Public Comment Form is provided in portable document format (.pdf) to allow you the option to download, print, fax, mail or e-mail your comments to the Prisoner Review Board.
The Online Public Comment Form may be used to electronically send your comments to the Prisoner Review Board.
]]>Over the past few decades, the United States has witnessed a significant increase in the prison population on both the federal and state level. The State of Kansas is no exception. Since 1995, the average daily population in our prisons has increased by roughly 2,000 inmates. The vast majority of these inmates will be released from prison at some point and without adequate services to assist in successfully reintegrating into society many offenders are likely to re-offend. The Kansas Department of Corrections takes a proactive approach to preparing offenders for release into the community in order to increase their chances of living the remainder of their lives crime-free. Beginning in our correctional facilities, we thoroughly assess each inmate's needs in terms of treatment, education and vocational training, and develop case plans to ensure that inmates receive the programming they need while incarcerated. We begin preparing inmates for release more than a year in advance by working with facility case managers, parole officers and offenders' families. Additionally, the Department has implemented comprehensive community programs to provide high-risk offenders with the treatment, housing, employment and supervision they need to maintain a crime-free lifestyle.
In collaboration with other state agencies and community groups, the Kansas Department of Corrections has made tremendous gains in creating a state-wide framework for successful community reintegration for offenders. Looking to the future, the Department has established seven major goals to build upon our accomplishments. They are:
The Department's Fiscal Year 2009 Strategic Action Plan includes goals, objectives and strategies designed to improve our ability to manage offenders safely and effectively. This includes increasing programming capacity, improving the speed and accuracy of information-sharing, expanding services for victims and families, and building community partnerships. Our Strategic Action Plan serves to further our vision of "A Safer Kansas Through Effective Correctional Services".
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