Printable Format12-4511. Parole. The municipal judge may parole any person confined to jail as a result of a conviction of a violation of a city ordinance. The judge may set such conditions and restrictions as the judge sees fit to impose for a term of parole not exceeding two years and may at any time discharge such person for good cause shown. The term of parole ordered by the court is subject to renewal and extension for additional periods not exceeding an additional two years for any misdemeanor case upon the municipal court's finding that the defendant has not yet successfully completed the conditions imposed therein within the original term of such parole.
After notice and hearing, the municipal judge may revoke such parole for violation of conditions by directing the chief of police to execute the sentence and again confine the accused person to jail for the time specified by the court, which shall not exceed the initial jail sentence imposed, less the time served.
History: L. 1973, ch. 61, § 12-4511; L. 2004, ch. 80, § 1; July 1.
Source or prior law:
12-1103, 12-1104, 12-1106, 15-512.
Law Review and Bar Journal References:
Provision patterned after code of criminal procedure to simplify and unify court procedures, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 11 (1973).
"A Comment on Kansas' New 'Drunk Driving' Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 241 (1982).
Attorney General's Opinions:
DUI; prohibition on parole until minimum sentence served. 84-23.
Driving under the influence; ignition interlock device. 93-139.
CASE ANNOTATIONS
1. Conviction reversed; city ordinance providing for mandatory sentencing with no probation violates Code of Procedure for Municipal Courts and is void. City of Junction City v. Griffin, 226 Kan. 516, 517, 518, 601 P.2d 684. Opinion withdrawn on rehearing: Code held to be nonuniform and subject to cities' power of home rule. City of Junction City v. Griffin, 227 Kan. 332, 607 P.2d 459.