Rep. Lance Kinzer joined Rep. Joe Patton and thirteen other co-sponsors in introducing HB 2731, 2732 and 2733. These bills propose important reforms to current criminal sentencing practices in Kansas.
Currently under Kansas law, judges may depart from the guidelines set forth by the Legislature down to and including probation even for serious crimes. HB 2732 would limit departures for the most serious crimes, or for those with the most serious criminal history. It would allow departures only for the reasons expressly stated in the law. The bill would not allow probation for crimes of extreme sexual violence and would not allow departures at all for such crimes without the agreement of the prosecutor.
HB 2733 would apply to ensure imprisonment for any offender that commits a felony while on felony probation.
The final measure, HB 2731, would establish a more comprehensive pre-sentence report to assist judges in making better informed decisions when granting departures.
Example of recent cases that point out the need for reform include:
- Orlando Paul Cisneros, a 38-year-old Topeka man convicted by a jury of 17 counts of raping and sodomizing a 14-year-old girl, received a sentence of only a three-years probation. He later had his probation revoked, after a public outcry.
- Probation was granted to Nicholas Lee Crites after he was convicted of aggravated indecent liberties against a 15-year-old girl. Sentencing guidelines called for a prison term of nearly five years.
- Federico Mendoza, a 34-year-old man convicted of electronic solicitation of a child was sentenced to only three-years of probation.
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