HB 2170 Frequently Asked Questions

Latest revision 10/12/16

The HB 2170 Subcommittee of the Kansas Sentencing Commission meets periodically to discuss the legal and practical issues pertaining to HB 2170. The subcommittee consists of a district judge, a defense attorney, a district attorney, a member of the Attorney General’s office, one Republican and one Democrat Representative of the Kansas House of Representatives, general counsel and the Secretary of the Department of Corrections, counsel for the Sentencing Commission, a community corrections director and a court services specialist. Any information presented in the following FAQ represents the majority opinion of the HB 2170 Subcommittee.

Please check back often, this list of questions and answers will be updated frequently as new issues arise. If you have questions that are not addressed in the FAQ, please feel free to contact office@ks.gov.

*References to the 2016 Supplement of the Kansas Statutes Annotated (K.S.A.) are made with the assumption that these sections will appear as amended in the enrolled version of HB 2170 when they are published later in the year.

  • Highlights of 2013 HB 2170 (Video)

  • How do the graduated sanctions work?

  • Does KDOC provide programming during 120 and 180-day prison sanctions? (Video)

  • Why use quick dips for technical probation violations?

  • When imposing a quick dip, how does the concurrence of the Chief Court Services Officer or Community Corrections Director need to take place?

  • Do graduated sanctions apply to offenders on probation for misdemeanors and non-grid felonies?

  • Can a court impose both a 120 and 180-day sanction? (Video)

  • What if probationer's probation terminates while serving sanction? (Video)

  • Can prior Jail Credit be applied to decrease the length of a 120-day or 180-day prison sanction?

  • Can the graduated sanctions be imposed multiple times for a single violation when an offender is on probation for multiple cases or a multiple count case?

  • If the Court Services or Community Corrections Officer wants to impose a “quick dip” but the probationer refuses to waive the hearing, can the court assign a 120-day or 180-day prison sanction for a first offense?

  • When may a defendant be revoked from probation?

  • Will violation sanctions completed prior to July 1, 2013 count towards the new graduated sanctions?

  • Are the new graduated sanctions applicable for violation hearings conducted on July 1, 2013?

  • Do the new graduated sanctions apply to felony DUI offenders and to nongrid felony DV cases?

  • Under what circumstances can an offender be granted early discharge from probation and how does Special Rule 40 fit in with this?. (Video)

  • Does presumptive discharge pursuant to K.S.A. 2016 Supp. 21-6608(d) apply to the initial 12 months of probation only? (Video)

  • Does presumptive discharge apply to people who have been in compliance for 12 months on July 1, 2013? (Video)

  • Does presumptive discharge pursuant to K.S.A. 2016 Supp. 21-6608(d) apply to offenders sentenced to SB 123 drug treatment?

  • Does an offender with consecutive periods of probation qualify for presumptive discharge pursuant to K.S.A. 2016 Supp. 21-6608(d)?

  • Determining if an offender has a prior discharge and may be subject to Special Rule 40. (Video)

  • Whose responsibility is it to notify the Court when a felony probationer is eligible for the presumptive discharge provision? (Video)

  • Will a hearing be required to impose a 120-day or 180-day prison sanction or probation revocation?

  • Does the 18 day cap for the “quick dip” count against the 60 days that the court can impose under current law?

  • If offender is moved from court services to Community Corrections does the 180-day reset? (Video)

  • Are interstate compact cases being supervised in another state eligible for the jail and prison sanctions?

  • If a person fails on probation and serves their sentence, what happens when they are released?