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June 17, 2012

Kansas prisoners still serving long terms based on now-reformed "old" sentencing laws

This interesting new article from the Wichita Eagle reports on how and why hundreds of offender sentenced before Kansas sentencing reform two decades ago are still serving prison terms that would have been much shorter under the reformed law.  This piece is headlined "Hundreds of ‘old law’ Kansas inmates serving longer sentences," and it begins this way:

Rick Redford will go before the Kansas Prisoner Review Board this month after serving more than 27 years in prison. Had he been sentenced under today’s laws, he probably would have been released years ago.   “Here I am doing 27 years just to see the parole board,” Redford said in a telephone interview from the Norton Correctional Facility.  “Had I been convicted in 1993, I would have been out in 2005 without even seeing a parole board.”

Redford, whose most serious conviction was for aggravated kidnapping, is one of hundreds of Kansas prison inmates serving sentences for crimes committed before July 1, 1993, the day the Kansas Sentencing Guidelines took effect.  Many of these “old law” inmates are serving sentences that would have been much shorter under today’s law.

“I’m on my 26th year right now,” said Sherman Wright, who figures he would have been released after 15 years had he been sentenced under the guidelines as they became law in 1993.  Instead he’s serving a 69-year-to-life sentence on burglary and aggravated robbery convictions that will keep him in prison at least until 2024.

Wright’s sister, Cynthia Crawford, said her brother’s crimes were relatively minor compared with those committed by some of his fellow inmates.  “He never used any kind of a weapon; he never hurt anybody,” she said.  “I don’t understand how they can let him sit in there and rot like that when people keep going in for killing or raping kids and getting right back out.  I know that hurts him to see people come and go, come and go, for crimes that were way past his.”

The 1992 Sentencing Guidelines Act, which was designed to eliminate racial and geographical disparities in sentencing, established a sentencing system based on the type of crime committed and the defendant’s previous criminal history.  The guidelines generally called for shorter sentences for property crimes and longer ones for crimes of violence.

The Kansas Legislature decided to apply the guidelines retroactively to more than 2,000 inmates who were serving time for relatively minor offenses.  But more than 4,000 inmates convicted of more serious crimes were left to serve out their original sentences. Many of those inmates had more than one conviction and were serving multiple sentences consecutively.  Some who had prior convictions saw their sentences doubled or even tripled under what was known as the Habitual Criminal Act.

The sentencing guidelines law in effect created two classes of prison inmates, but the Kansas Supreme Court ruled in 1994 that it did not violate any inmate’s right to equal protection of the law, guaranteed by the 14th Amendment.  Today, about 400 of those “old law” inmates remain behind bars.

June 17, 2012 at 11:39 PM | Permalink

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