Upon the first felony probation violation, the violator will be subject to a “quick dip” intermediate jail sanction pursuant K.S.A. 2016 Supp. 22-3716 (c)(1)(B). The quick dip can be imposed as two-day or three-day consecutive periods. There is no limit to how many times a quick dip sanction may be imposed, but an offender may not serve more than 18 total days of quick dip confinement in a single term of supervision. See K.S.A. 22-3716(b)(3)(B)(II); (b)(4)(A) and (c)(1)(B).
Court Services Officers or Community Corrections Officers also have the authority to impose a “quick dip” sanction pursuant to K.S.A. 2016 Supp. 21-6604(s) or (t) so long as the sentencing judge has not withheld this authority at sentencing and the offender has not refused to waive the right to a violation hearing. See K.S.A. 2016 Supp. 22-3716(b)(4)(A) & (B); K.S.A. 2016 Supp. 22-3716(c)(1)(B) & (C). The CSO/CCO should obtain a signed statement of the defendant's acknowledgement of the quick dip sanction and waiver of the right to a violation hearing. (See sample of waiver form).
After a quick dip sanction has been imposed by either the court or the CSO or CCO, the court may impose a 120-day sanction under K.S.A. 2016 Supp. 22-3716 (c)(1)(C) or a 180-day sanction under (c)(1)(D), up to one time each, for subsequent felony probation violations. K.S.A. 2016 Supp. 22-3716(c)(1)(D).
After a prison sanction has been imposed pursuant to K.S.A. 2016 Supp. 22-3716 (c)(1)(C), (c)(1)(D), or both, the court may then revoke probation pursuant to (c)(1)(E). The court may also revoke pursuant to K.S.A. 2016 Supp. 22-3716 (c)(8), regardless of any prior sanctions imposed, if the probationer commits a crime or absconds from supervision. The court may also use the override provisions of K.S.A. 2016 Supp. 22-3716(c)(9) to bypass the graduated sanction progression and revoke the violator’s probation at any time if the court sets forth with particularity the reasons for finding that public safety will be jeopardized or the welfare of the offender will not be served by another sanction.