Imposition of an underlying prison term after a probation
violation is not equivalent to "incarceration for a
supervision violation" under K.S.A. 2018 Supp.
22-3717(d)(3). The period of a person's postrelease
supervision term may be modified while the person is serving
his or her underlying prison sentence after probation
revocation without running afoul of K.S.A. 2018 Supp.
K.S.A. 2013 Supp. 22-3717(d)(1)(D) applies only to persons
convicted of a sexually violent crime on or after July 1,
1993, but before July 1, 2006. K.S.A. 2013 Supp.
22-3717(d)(1)(G) applies to persons convicted of a sexually
violent crime on or after July 1, 2006. There are no persons
convicted of a sexually violent crime to whom both
subparagraph K.S.A. 2013 Supp. 22-3717(d)(1)(D) and
subparagraph (d)(1)(G) apply.
of the judgment of the Court of Appeals in an unpublished
opinion filed April 28, 2017.
from Nemaha District Court; John L. Weingart, judge.
Maharry, of Kansas Appellate Defender Office, was on the
briefs for appellant.
M. Lippert, county attorney, and Derek Schmidt, attorney
general, were on the brief for appellee.
Skyler Lee Brook appeals the district court's correction
of his postrelease supervision term after his probation was
revoked and he was ordered to serve his original sentence. He
challenges the district court judge's statutory authority
to change the term from two years to lifetime, and he argues
the lifetime postrelease term constitutes cruel and unusual
affirm the district judge's decision and our Court of
Appeals' endorsement of it.
AND PROCEDURAL BACKGROUND
pleaded no contest to sexual exploitation of a child as a
result of interactions with C.B. between May 6 and May 20,
2013. Brook was 22 years old at the time. He was sentenced to
36 months in prison and 2 years of postrelease supervision.
The district court judge suspended imposition of Brook's
sentence and ordered Brook to serve 36 months' probation.
committed another crime, which resulted in revocation of his
probation and imposition of his original sentence in this
Department of Corrections notified the court that Brook
should have received a lifetime postrelease term because of
his plea to a sexually violent crime. The district judge
agreed that this portion of Brook's sentence ...