Title 2 - Administration and Personnel

2.33.294 Sentencing

1. A.
   Whenever an accused person is found guilty of the violation of an ordinance, the municipal court judge may:

   1. 1.
      Release the accused person without imposition of sentence; or
   2. 2.
      Release the accused 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 F; or
   3. 3.
      Impose such sentence of fine, imprisonment, or both, as may be authorized for the ordinance violation; or
   4. 4.
      Impose a sentence of house arrest as provided in K.S.A. 21-6609 and amendments thereto.
   5. 5.
      Suspend any sentence or fine imposed subject to conditions imposed by the court as provided in subsection F; or
   6. 6.
      After any portion of said imprisonment has been served, release the accused person on parole, probation or suspended sentence, subject to conditions imposed by the court as provided in subsection F.
2. B.
   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 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 judge may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the judicial district or appropriate state licensing agency.
3. 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. 41-719, 41-727, 41-804, 41-2719, 41-2720, 65-4152, 65-4153, 65-4154 or 65-4155, and amendments thereto, the Municipal Court 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 and to pay a fee not to exceed the fee established by the statute for such evaluation. If the judge finds that the person is indigent, the fee may be waived.
4. D.
   If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection C are permissive and not mandatory.
5. E.
   The court may impose any conditions of probation, parole or suspension of sentence that the court deems proper. In the case of a probation or parole, the following conditions or any additional conditions the court deems proper may be ordered by the court. Those conditions may include that the defendant shall:

   1. 1.
      Not violate the laws of the United States or of any state or city with the exception of minor traffic infractions;
   2. 2.
      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;
   3. 3.
      Notify the City employee designated to monitor their probation of an address change as directed by the probation contract.
   4. 4.
      Submit to a test of saliva, breath, blood, or urine at any time during the term of Probation, if requested to do so by any City employee acting within the scope of their employment, any probation officer, any prosecutor, judge, or any law enforcement officer at their own expense and further agrees that the results of said tests shall be admitted against them in their probation revocation hearing and stipulates to the evidentiary foundation thereof;
   5. 5.
      If a motion to revoke is filed during the term of the probation, continue to report as directed and continue to abide by the terms and conditions of the probation;
   6. 6.
      Notify the City employee designated to monitor their probation in writing within 72 hours of any arrest. The term “arrest” shall include instances during which a person is stopped or questioned by a law enforcement officer regarding violation of the law, whether or not charges are filed at that time, as well as instances where a person is released upon the issuance of a ticket or Notice to Appear or released pending the mailing of charges in the future;
   7. 7.
      Report to the City employee designated to monitor their probation at such times and in such a manner as directed by the Court or the City employee designated to monitor their probation. Failure to report to the Court as ordered may result in the summary revocation of the probation by the Court;
   8. 8.
      Clear all outstanding warrants within thirty (30) days and remain warrant free during the term of probation;
   9. 9.
      Comply with all recommendations of their evaluation, if one was ordered;
   10. 10.
       Pay any applicable fine, costs, or restitution in the matter as directed by the court.
   11. 11.
       Report to jail, weekend intervention, work release, house arrest, education classes, counseling, victim impact panels, offender mediation and/or treatment as ordered by the court. 
   12. 12.
       Be prohibited from contacting a(n) identified person(s), either directly or indirectly, including in person, by phone, text or email message, any social media, or in any other way or manner, as the court deems necessary and appropriate.
6. 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 consider 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.
7. G.
   The term of probation, parole or suspended sentence shall not exceed two years, although the 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.
8. H.
   The Municipal Court 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, 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.

(History: Ord. MCC-3463 §5, 2024; Ord. MCC-2664 §1, 2007; MCC-2498 §6, 2004; MCP-1987 §2, 96; Ch.Ord. 51)

Effective on: 1/5/2025