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75-5218. Offenders sentenced to custody of secretary of corrections; notice to secretary; judgment form or journal entry; transfer of certified copies to the secretary and others; notice of modified sentence sent to secretary. (a) When any person is sentenced to the custody of the secretary of corrections, the clerk of the court which imposed such sentence shall deliver to the officer having the offender in charge the judgment form or journal entry as required by K.S.A. 2022 Supp. 21-6711, or K.S.A. 22-3426, and amendments thereto, together with the order of commitment to the custody of the secretary of corrections as required by K.S.A. 2022 Supp. 21-6712, and amendments thereto. Within three business days of receipt of the order of commitment and the judgment form or journal entry, the officer having the offender in charge shall forward certified copies to the secretary of corrections. Copies of these materials shall also be delivered to the officers conveying the offender to the Topeka correctional facility, department of corrections reception and diagnostic unit or such other correctional institution prescribed by K.S.A. 75-5220, and amendments thereto, or by the secretary of corrections in accordance with such statute.

(b) When an offender's sentence has been modified in accordance with the provisions of K.S.A. 2022 Supp. 21-6605, and amendments thereto, the clerk of the court which imposed such modified sentence shall within three business days notify the secretary of corrections by sending a certified copy of the court's order modifying the offender's sentence to the secretary or the secretary's designee.

History: L. 1973, ch. 339, § 27; L. 1978, ch. 120, § 19; L. 1980, ch. 104, § 8; L. 1990, ch. 309, § 51; L. 1991, ch. 260, § 11; L. 2002, ch. 50, § 2; L. 2011, ch. 30, § 277; July 1.

Source or prior law:

76-2307, 76-2507.

Attorney General's Opinions:

Secretary of corrections; costs of maintenance of offender pending transfer to department of corrections. 90-96.

CASE ANNOTATIONS

1. Sentencing court's jurisdiction to modify or depart from sentence after imposition of lawful KSGA (21-4701 et seq.) discussed. State v. Miller, 260 K. 892, 899, 926 P.2d 652 (1996).


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