By John Green
The Hutchinson News
HUTCHINSON, Kan. — The Kansas Department of Corrections now has authority to release some inmates from prison up to a year early to go home and be parents.
A Senate conference committee added language into a substitute House bill during the Legislature’s veto session in late April creating “community parenting release.”
The release is for low- or moderate-risk offenders, said Adam Pfannenstiel, Kansas Department of Corrections communications director.
They will likely primarily use it for female inmates, though it is not restricted to woman, he said.
“Prior to this bill, we actually had a statute in place allowing certain groups of inmates to serve their sentences in the community,” Pfannenstiel said. “We wanted to expand it so those who complete appropriate parenting classes and have guardianship over minor children at home might be considered for finishing their sentences in the community.”
The DOC has not actually used the previous early release mechanism, though it has been in place more than a year, Pfannenstiel noted. Still, they proposed the expansion after learning of a similar program in the state of Washington.
“It this point, we have the policy in place,” he said. “As we carry it out, we’ll look to see who fits it.”
The Senate conference committee amended the original proposal to restrict it to those serving sentences for severity level 4 or lower crimes on the state sentencing grid, or severity level 3 to 5 drug crimes. To qualify, offenders can have no convictions for sex offenses or an “inherently dangerous felony.”
The committee, however, also removed a requirement for GPS tracking and allowed parole officers, as opposed to Community Corrections officers, to supervise the offenders.
“It’s hard to predict,” how much the KDOC will use the law, Pfannenstiel said. “This just establishes criteria to implement it if the DOC chose to put people on that status. It’s hard to say if it’s going to affect 50 inmates, or five, or one.”
The law requires participating inmates complete a parenting class, but it does not specify any specific program.
“It will depend on what their needs are,” Pfannenstiel said, noting the DOC offers some classes, but it may include programs taught by volunteers or others within the community.
Prior to a determination for release, the KDOC will seek information from the Department of Children and Families about any civil Child in Need of Care cases filed on the offender “to determine the best interests of the child.”
The state must also approve the offender’s residence and living arrangements prior to a transfer.
“DCF’s input would be provided on a case-by-case basis, and would be determined by the facts and circumstances of individual cases,” said DCF spokesperson Theresa Freed. The agency declined to offer additional comment on the program.
The Secretary of Corrections retains authority to return an offender to prison if they fail to comply with requirements of the release.
The new law is part of Substitute for House Bill 2151. The House bill was originally one relating to workplace bullying of state employees, but it was gutted and replaced with one related to a change in grand juries, allowing the person who filed the petition seeking the grand jury to witness instructions given to the jury.
Later added to the bill were rules relating to eyewitness identification, requiring law enforcement agencies to adopt “a detailed, written policy regarding citizen identification of a person during a criminal investigation.”
Copyright 2016 The Hutchinson News