SB 409 - Three-Strikes Sentencing for Theft - Kansas Key Vote

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Title: Three-Strikes Sentencing for Theft

Highlights:

- Provides a presumptive prison sentence for a third conviction for theft or burglary [Sec. 2 (n)]. - Allows an individual convicted of theft or burglary for a third time to be sentenced to imprisonment in a substance abuse facility if [Sec. 2 (n)]:

    - substance abuse was an underlying factor in the commission of the crime; - substance abuse treatment is deemed to be more likely than a prison sentence to reduce the risk that the offender will re-offend; - the treatment will serve the interests of the community by promoting rehabilitation
- Requires an individual convicted of driving under the influence for five or more times be sentenced to between 90 days and one year in prison. The individual shall not be eligible for parole until at least 90 days of the sentence have been served [Sec. 1 (h)(1)]. - Provides that the above sentence may be served in a substance abuse facility at the discretion of the court [Sec. 1 (h)(2)]. - Substitute offered by Senate Judiciary Committee.

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

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