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22-3722. Service on parole, conditional release and postrelease supervision; discharge; restoration of civil rights. The period served on parole or conditional release shall be deemed service of the term of confinement, and, subject to the provisions contained in K.S.A. 75-5217, and amendments thereto, relating to an inmate who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. The period served on postrelease supervision shall vest in and be subject to the provisions contained in K.S.A. 75-5217, and amendments thereto, relating to an inmate who is a fugitive from or has fled from justice. The total time served shall not exceed the postrelease supervision period established at sentencing.

When an inmate on parole or conditional release has performed the obligations of the release for such time as shall satisfy the prisoner review board that final release is not incompatible with the best interest of society and the welfare of the individual, the board may make a final order of discharge and issue a certificate of discharge to the inmate but no such order of discharge shall be made in any case within a period of less than one year after the date of release except where the sentence expires earlier thereto. When an inmate has reached the end of the postrelease supervision period, the board shall issue a certificate of discharge to the releasee. Such discharge, and the discharge of an inmate who has served the inmate's term of imprisonment, shall have the effect of restoring all civil rights lost by operation of law upon commitment, and the certification of discharge shall so state. Nothing herein contained shall be held to impair the power of the governor to grant a pardon or commutation of sentence in any case.

History: L. 1970, ch. 129, § 22-3722; L. 1972, ch. 317, § 95; L. 1973, ch. 339, § 68; L. 1990, ch. 309, § 22; L. 1992, ch. 239, § 271; L. 2012, ch. 16, § 19; July 1.

Source or prior law:

62-2252.

Attorney General’s Opinions:

Removal of voters’ names from registration lists; basis for removal; conviction of felony; constitutionality. 93-68.

Requirement of persons confined or under court supervision to give blood and saliva specimens for inclusion in FBI’s DNA index. 2001-45.

Ex post facto clause discussed and applied regarding bill concerning post incarceration supervision. 2008-14.

CASE ANNOTATIONS

1. Time spent under supervised probation not required to be credited as time served when probation revoked. State v. Snook, 1 K.A.2d 607, 608, 571 P.2d 78.

2. Cited; jail time credit (21-4614) while in community corrections facility on probation, authority to commit discussed. State v. Fowler, 238 K. 326, 337, 710 P.2d 1268 (1985).

3. Receipt of firearm by convicted felon conviction upheld; civil rights regarding firearms not restored by certificate of discharge. U.S. v. Coffman, 761 F.Supp. 1493, 1495 (1991).

4. Cited; issue concerning inmate’s liberty interest in confinement in administrative segregation rendered moot by inmate’s release. Shanks v. Nelson, 258 K. 688, 692, 907 P.2d 882 (1995).

5. An inmate’s time on parole cannot be used to satisfy converted KSGA postrelease supervision period. Faulkner v. State, 22 K.A.2d 80, 83, 911 P.2d 203 (1996).

6. Right of individual to receive credit against an unrevoked term of postrelease supervision for time incarcerated on another charge considered. White v. Bruce, 23 K.A.2d 449, 451, 453, 455, 932 P.2d 448 (1997).

7. Cited in discussing sentencing; no credit against postrelease supervision for time served in excess of sentence. State v. Gaudina, 284 K. 354, 360, 362, 160 P.3d 854 (2007).

8. Mentioned; once sentence complete, defendant’s rights to vote, serve on jury and take public office are automatically restored. U.S. v. Wattree, 544 F.Supp.2d 1262, 1267 (2008).


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