07-10408 Sentencing & Probation Procedures(Published in the Salina Journal on August _a�_11 2007)
ORDINANCE NUMBER 07-10408
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I, OF THE SALINA
CODE BY ADDING SECTION 23-3 PERTAINING TO MUNICIPAL COURT SENTENCING
AND SENTENCING AND PROBATION PROCEDURES.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Salina Code, is hereby amended by adding a section to be numbered,
Section 23-3, which section reads as follows:
"Sec. 23-3. Sentencing Authority and Sentencing and Probation Procedures.
(a) Whenever a person is found guilty of the violation of an ordinance, the municipal judge
may:
(1) Release the person without imposition of sentence; or
(2) Release the person on probation after the imposition of sentence, without imprisonment
or the payment of a fine or a portion thereof, subject to conditions imposed by the court
as provided in subsection E; or
(3) Impose a sentence of fine or imprisonment, or both, as authorized for the ordinance
violation; or
(4) Suspend any sentence of imprisonment or fine subject to conditions imposed by the court
as provided in subsection E; or
(5) After any portion of a sentence of imprisonment has been served, release the person on
parole, subject to conditions imposed by the court as provided in subsection E.
(b) In addition to or in lieu of any other sentence authorized bylaw, whenever a person is found
guilty of the violation of an ordinance and there is evidence that the act constituting the
violation of the ordinance was substantially related to the possession, use or ingestion of
cereal malt beverage or alcoholic liquor by such person, the municipal judge may order such
person to attend and satisfactorily complete an alcohol or drug education or training
program certified by the chief judge of the judicial district or licensed by the secretary of
social and rehabilitation services.
(c) Except as provided in subsection (d), in addition to or in lieu of any other sentence
authorized by law, whenever a person is convicted of having violated, while under 21 years
of age, an ordinance prohibiting an act prohibited by the uniform controlled substances act
(K.S.A. 65-4101 et seq. and amendments thereto) or K.S.A. 41-727, 65-4152, 65-4153, 65-
4154 or 65-4155, and amendments thereto, the municipal judge shall order such person to
submit to and complete an alcohol and drug evaluation by a community-based alcohol and
drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto at
the expense of the defendant.
(d) If the person is 18 or more years of age but less than 21 years of age and is convicted
violating an ordinance prohibiting an act which would constitute a violation of K.S.A. 41-
727, and amendments thereto, involving cereal malt beverage, the provision of subsection
(c) are permissive and not mandatory.
II (e) The court may impose any conditions of probation, parole or suspension of sentence that the
court deems proper. If a person is placed on probation or parole, the court may order any
additional conditions as may be proper. Such person placed on probation or parole is
subject to the following mandatory conditions:
(1) the defendant shall not violate the laws of the United States or of any state or city
with the exception of minor traffic infractions;
(2) the defendant shall not use, consume, possess or ingest any intoxicating liquor,
cereal malt beverage, or any other mood altering substance or drug without a
doctor's prescription, and the defendant shall not enter into any bars, taverns or
liquor stores;
(3) the defendant shall not associate with anyone who has been convicted of a crime,
except persons who have been convicted solely of traffic infractions;
(4) the defendant shall not move from his or her current address without prior
notification and the permission of the court or his/her court services officer;
(f) In addition to or in lieu of any other sentence authorized by law, whenever a person is found
guilty of the violation of an ordinance, the judge may order such person to reimburse the
City for all or a part of the reasonable expenditures by the City to provide counsel and other
defense services to the defendant. In determining the amount and method of payment of
such sum, the court shall take account of the financial resources of the defendant and the
nature of the burden that payment of such sum will impose. A defendant who has been
required to pay such sum and who is not willfully in default in the payment thereof may at
any time petition the court which sentenced the defendant to waive payment of such sum or
of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of
the amount due will impose manifest hardship on the defendant or the defendant's
immediate family, the court may waive payment of all or part of the amount due or modify
the method of payment.
(g) The term of probation, parole or suspended sentence shall not exceed two years, although
the municipal judge may discharge the person at any time for good cause shown. If the
person has been convicted of violating municipal ordinance provisions that prohibit conduct
comparable to a misdemeanor under the Kansas criminal statutes, the term of probation,
parole, or suspension ordered by the court is subject to renewal and extension for additional
periods not exceeding an additional two years upon the court's finding that the defendant
has not yet successfully completed the conditions imposed therein within the original term
of probation.
(h) The municipal judge may revoke such probation, parole or suspended sentence for violation
of conditions by directing the appropriate law enforcement officers to execute the sentence
and imprison the defendant for the time specified by the court, which shall not exceed the
initial sentence imposed, less any time served, and may order the payment of any previously
probated, suspended or paroled fines and fees. Upon an affidavit submitted to the court by a
court services officer, prosecutor, or community corrections officer alleging that the
defendant has violated the conditions of probation, parole, or suspended sentence, the court
may order the defendant incarcerated pending a hearing to revoke probation, parole, or
' suspended sentence. The affidavit, which shall contain a request for incarceration pending a
hearing, shall be served on the defendant. The court shall have thirty (30) days following
the date probation, parole or suspension of sentence was to end to issue a warrant for the
arrest or a notice to appear for the defendant to answer a charge of a violation of the
conditions of probation, parole or suspension of sentence.
(i) For purposes of this Chapter, the terms "imprisonment" or "imprison" shall include any
restrained environment in which the court and law enforcement agency intend to retain
custody and control of the accused person including, but not limited to, any adult detention
center, a juvenile detention center as allowed by law, house arrest, assignment to a
community corrections residential center, or any other environment approved by the court. "
(5)
the defendant shall submit to a test of saliva, breath, blood or urine at any time
during the term of probation, if requested to do so by the court services officer,
city prosecutor, municipal judge, or any law enforcement officer at the defendant's
own expense and further agrees that the results of said tests shall be admitted
against him/her in a probation revocation proceeding involving the defendant and
stipulates to the evidentiary foundation thereof,
(6)
the defendant shall notify the court services officer within 72 hours of any arrest,
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including but not limited to any instance during which the defendant is stopped
a
and questioned by a law enforcement officer regarding a violation of the law,
a
whether or not charges are filed at that time, as well as instances where the
'
defendant is released upon the issuance of a citation or notice to appear or released
pending the mailing of charges in the future;
(7)
the defendant shall report to the court services officer as directed and shall permit
the court services officer to visit the defendant at home or elsewhere;
(8)
the defendant shall successfully complete all recommendations of any evaluation
ordered by the court;
(9)
the defendant shall pay any fines, court costs or fees, or restitution as ordered by
the court;
(10)
the defendant shall be truthful with the court services officer in all matters.
(f) In addition to or in lieu of any other sentence authorized by law, whenever a person is found
guilty of the violation of an ordinance, the judge may order such person to reimburse the
City for all or a part of the reasonable expenditures by the City to provide counsel and other
defense services to the defendant. In determining the amount and method of payment of
such sum, the court shall take account of the financial resources of the defendant and the
nature of the burden that payment of such sum will impose. A defendant who has been
required to pay such sum and who is not willfully in default in the payment thereof may at
any time petition the court which sentenced the defendant to waive payment of such sum or
of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of
the amount due will impose manifest hardship on the defendant or the defendant's
immediate family, the court may waive payment of all or part of the amount due or modify
the method of payment.
(g) The term of probation, parole or suspended sentence shall not exceed two years, although
the municipal judge may discharge the person at any time for good cause shown. If the
person has been convicted of violating municipal ordinance provisions that prohibit conduct
comparable to a misdemeanor under the Kansas criminal statutes, the term of probation,
parole, or suspension ordered by the court is subject to renewal and extension for additional
periods not exceeding an additional two years upon the court's finding that the defendant
has not yet successfully completed the conditions imposed therein within the original term
of probation.
(h) The municipal judge may revoke such probation, parole or suspended sentence for violation
of conditions by directing the appropriate law enforcement officers to execute the sentence
and imprison the defendant for the time specified by the court, which shall not exceed the
initial sentence imposed, less any time served, and may order the payment of any previously
probated, suspended or paroled fines and fees. Upon an affidavit submitted to the court by a
court services officer, prosecutor, or community corrections officer alleging that the
defendant has violated the conditions of probation, parole, or suspended sentence, the court
may order the defendant incarcerated pending a hearing to revoke probation, parole, or
' suspended sentence. The affidavit, which shall contain a request for incarceration pending a
hearing, shall be served on the defendant. The court shall have thirty (30) days following
the date probation, parole or suspension of sentence was to end to issue a warrant for the
arrest or a notice to appear for the defendant to answer a charge of a violation of the
conditions of probation, parole or suspension of sentence.
(i) For purposes of this Chapter, the terms "imprisonment" or "imprison" shall include any
restrained environment in which the court and law enforcement agency intend to retain
custody and control of the accused person including, but not limited to, any adult detention
center, a juvenile detention center as allowed by law, house arrest, assignment to a
community corrections residential center, or any other environment approved by the court. "
Section 2. That this ordinance shall be in full force and effect from and after its adoption
publication once in the official city newspaper.
w II(SEAL)
AtIEM:
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3 Lieu Ann Elsey, CMC, C y Clerk
Introduced: August 13, 2007
Passed: August 20, 2007
CIC
Alan E. Eta, MA