State v. Jolly, 291 Kan. 842

Summary

The Supreme Court of Kansas held that the district court failed to follow the statutory procedures for imposing a 300-month departure sentence after departing from Jessica's Law to the Kansas sentencing guidelines. The court also held that the sentencing court lacked authority to impose lifetime electronic monitoring as a condition of the sentence. It vacated the sentence and remanded for resentencing.

Holdings

1. The district court imposed an illegal sentence because it did not first impose the applicable Kansas sentencing-guidelines sentence under K.S.A. 21-4643(d), and it did not comply with the required procedures for any subsequent departure from the presumptive guidelines sentence.
2. The district court lacked authority to impose lifetime electronic monitoring as a condition of the sentence because K.S.A. 22-3717(u) authorizes the Kansas parole board, not the sentencing court, to impose electronic monitoring as a condition of lifetime parole.

Questions Presented

1. Whether the district court had statutory authority to impose a 300-month sentence after departing from the life sentence required by Jessica's Law.
2. Whether the district court had authority to impose lifetime electronic monitoring as a condition of Jolly's sentence.

Disposition

reversed_and_remanded