K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-4729 (2026)

✓ current as of May 2026
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21-4729.

History: L. 2003, ch. 135, § 1; L. 2006, ch. 211, § 7; L. 2009, ch. 32, § 39; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

CASE ANNOTATIONS

1. Statute sets forth grounds when offender's probation must be revoked; not the exclusive grounds for revocation. State v. Gumfory, 281 Kan. 1168, 1174, 135 P.3d 1191 (2006).

2. Cited; no jail time credit for time in inpatient treatment required by mandatory drug abuse treatment program. State v. Preston, 287 Kan. 181, 185, 186, 195 P.3d 240 (2008).

3. Conviction under K.S.A. 65-4160(a) and applicability of K.S.A. 21-4729(a)(1) and (2) requires sentence for certified drug abuse treatment program. State v. Bee, 39 Kan. App. 2d 139 to 148, 179 P.3d 466 (2008).

4. Cited; section addresses duration of the term of drug treatment. State v. Holt, 39 Kan. App. 2d 741, 742, 744, 745, 186 P.3d 803 (2008).

5. Cited; court not required to impose a nonprison sentence even when such sentence is presumed, when. State v. Andelt, 40 Kan. App. 2d 796 to 799, 195 P.3d 1220 (2008).

6. Defendant who fails to participate in ordered drug abuse treatment program is subject to serve underlying prison sentence. State v. Bee, 288 Kan. 733, 207 P.3d 244 (2009).

7. Drug treatment programs mandatory for individuals who qualify under K.S.A. 21-4729. State v. Andelt, 289 Kan. 763, 217 P.3d 976 (2009).

8. Drug treatment sanction trumps the prison sanction outlined in K.S.A. 21-4603d (f)(3). State v. Casey, 42 Kan. App. 2d 309, 211 P.3d 847 (2009).

9. The court is not required to order drug treatment for a violation of K.S.A. 21-3301. State v. Perry-Coutcher, 45 Kan. App. 2d 911, 254 P.3d 556 (2011).


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Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 2005–2024 · leading case: State v. Gumfory, 135 P.3d 1191 (Kan. 2006).
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State v. Gumfory, 135 P.3d 1191 (Kan. 2006). · cites it 11× “21-4729(f)(l) were legally insufficient to revoke his probation served in a mandatory drug abuse treatment program under K.S.A. 2005 Supp. 21-4729. We affirm. Gumfory pleaded guilty to one count of possession of methamphetamine.”
State v. Andelt, 217 P.3d 976 (Kan. 2009). · cites it 42× “: The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.”
State v. Casey, 211 P.3d 847 (Kan. Ct. App. 2009). · cites it 47× “21-4603d(f)(3) instead of ordering him to complete mandatory drug abuse treatment under K.S.A. 21-4729. We agree with Casey’s argument.”
State v. Bee, 207 P.3d 244 (Kan. 2009). · cites it 17× “On May 10, 2004, the district court found Bee subject to the terms of Senate Bill 123 (K.S.A. 2003 Supp. 21-4729) and suspended the imposition of the standard sentencing guidelines prison *735 sentence of 13 months and placed Bee on intensive supervised probation and required as…”
State v. Bonner, 227 P.3d 1 (Kan. 2010). · cites it 8× “21-4603d(g) requires the district court to consider alternative nonpri-son sanctions before imposing a prison sentence when the defendant’s conviction is classified as 4-E on the drug grid and the defendant does not qualify for placement in a drug treatment pro *295 gram under…”
State v. Preston, 195 P.3d 240 (Kan. 2008). · cites it 9× “21-4603d(n) specifically precludes jail time credit for participation in the certified drug abuse treatment program mandated by K.S.A. 21-4729, Preston argues that (1) K.”
State v. de la Cerda, 109 P.3d 1248 (Kan. 2005). · cites it 9× “123 enacted K.S.A. 2003 Supp. 21-4729, which provides: “On and after November 1, 2003: (a) There is hereby established a nonprison sanction of certified drug abuse treatment programs for certain offenders who are sentenced on or after November 1, 2003.”
State v. Bee, 179 P.3d 466 (Kan. Ct. App. 2008). · cites it 18× “1; K.S.A. 2003 Supp. 21-4729) and placed him in a nonprison community corrections drug treatment program, with an underlying prison sanction of 13 months’ imprisonment.”
State v. Alonzo, 297 P.3d 300 (Kan. 2013). · cites it 2× “At the sentencing hearing on July 14, 2005, the district court imposed an underlying prison term of 7 months and granted Alonzo 18 months’ probation with mandatory drug treatment pursuant to K.S.A. 2004 Supp. 21-4729. Although required under K.”
State v. Hopkins, 285 P.3d 1021 (Kan. 2012). “1, she was also ordered to complete mandatoiy drug abuse treatment as a nonprison sanction per K.S.A. 21-4729. See State v. Preston, 287 Kan.”
State v. Andelt, 195 P.3d 1220 (Kan. Ct. App. 2008). · cites it 9× “The court reasoned that Andelt’s extensive criminal histoiy, and the fact he was on parole from a Nebraska felony conviction when he committed this crime, required a prison sanction. On appeal, Andelt argues the district court erred when it declined to sentence him to a…”
State v. Holt, 186 P.3d 803 (Kan. Ct. App. 2007). · cites it 8× “The district court ordered Holt to attend mandatory drug treatment for up to 18 months pursuant to Senate Bill 123 (K.S.A. 21-4729). The district court also ordered Holt’s sentence to run consecutive to his sentence in case No.”
Show all 16 citing cases →
— K.S.A. § 21-4729(a) — 2 cases
State v. Gumfory, 135 P.3d 1191 (Kan. 2006). “21-4729(f)(l) were legally insufficient to revoke his probation served in a mandatory drug abuse treatment program under K.S.A. 2005 Supp. 21-4729. We affirm. Gumfory pleaded guilty to one count of possession of methamphetamine.”
State v. de la Cerda, 109 P.3d 1248 (Kan. 2005). “123 enacted K.S.A. 2003 Supp. 21-4729, which provides: “On and after November 1, 2003: (a) There is hereby established a nonprison sanction of certified drug abuse treatment programs for certain offenders who are sentenced on or after November 1, 2003.”
— K.S.A. § 21-4729(a)(1) — 2 cases
State v. de la Cerda, 109 P.3d 1248 (Kan. 2005). “123 enacted K.S.A. 2003 Supp. 21-4729, which provides: “On and after November 1, 2003: (a) There is hereby established a nonprison sanction of certified drug abuse treatment programs for certain offenders who are sentenced on or after November 1, 2003.”
State v. Andelt, 195 P.3d 1220 (Kan. Ct. App. 2008). “The court reasoned that Andelt’s extensive criminal histoiy, and the fact he was on parole from a Nebraska felony conviction when he committed this crime, required a prison sanction. On appeal, Andelt argues the district court erred when it declined to sentence him to a…”
— K.S.A. § 21-4729(a)(2) — 1 case
State v. Andelt, 217 P.3d 976 (Kan. 2009). “: The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.”
— K.S.A. § 21-4729(a)(l) — 3 cases
State v. Andelt, 217 P.3d 976 (Kan. 2009). “: The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.”
State v. Bonner, 227 P.3d 1 (Kan. 2010). “21-4603d(g) requires the district court to consider alternative nonpri-son sanctions before imposing a prison sentence when the defendant’s conviction is classified as 4-E on the drug grid and the defendant does not qualify for placement in a drug treatment pro *295 gram under…”
State v. Holt, 186 P.3d 803 (Kan. Ct. App. 2007). “The district court ordered Holt to attend mandatory drug treatment for up to 18 months pursuant to Senate Bill 123 (K.S.A. 21-4729). The district court also ordered Holt’s sentence to run consecutive to his sentence in case No.”
— K.S.A. § 21-4729(b)(l) — 1 case
State v. Preston, 195 P.3d 240 (Kan. 2008). “21-4603d(n) specifically precludes jail time credit for participation in the certified drug abuse treatment program mandated by K.S.A. 21-4729, Preston argues that (1) K.”
— K.S.A. § 21-4729(c) — 5 cases
State v. Andelt, 217 P.3d 976 (Kan. 2009). “: The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.”
State v. Preston, 195 P.3d 240 (Kan. 2008). “21-4603d(n) specifically precludes jail time credit for participation in the certified drug abuse treatment program mandated by K.S.A. 21-4729, Preston argues that (1) K.”
State v. Casey, 211 P.3d 847 (Kan. Ct. App. 2009). “21-4603d(f)(3) instead of ordering him to complete mandatory drug abuse treatment under K.S.A. 21-4729. We agree with Casey’s argument.”
State v. Andelt, 195 P.3d 1220 (Kan. Ct. App. 2008). “The court reasoned that Andelt’s extensive criminal histoiy, and the fact he was on parole from a Nebraska felony conviction when he committed this crime, required a prison sanction. On appeal, Andelt argues the district court erred when it declined to sentence him to a…”
State v. Holt, 186 P.3d 803 (Kan. Ct. App. 2007). “The district court ordered Holt to attend mandatory drug treatment for up to 18 months pursuant to Senate Bill 123 (K.S.A. 21-4729). The district court also ordered Holt’s sentence to run consecutive to his sentence in case No.”
— K.S.A. § 21-4729(f) — 3 cases
State v. Bee, 207 P.3d 244 (Kan. 2009). “On May 10, 2004, the district court found Bee subject to the terms of Senate Bill 123 (K.S.A. 2003 Supp. 21-4729) and suspended the imposition of the standard sentencing guidelines prison *735 sentence of 13 months and placed Bee on intensive supervised probation and required as…”
State v. Gumfory, 135 P.3d 1191 (Kan. 2006). “21-4729(f)(l) were legally insufficient to revoke his probation served in a mandatory drug abuse treatment program under K.S.A. 2005 Supp. 21-4729. We affirm. Gumfory pleaded guilty to one count of possession of methamphetamine.”
State v. Bee, 179 P.3d 466 (Kan. Ct. App. 2008). “1; K.S.A. 2003 Supp. 21-4729) and placed him in a nonprison community corrections drug treatment program, with an underlying prison sanction of 13 months’ imprisonment.”
— K.S.A. § 21-4729(f)(2) — 2 cases
State v. Bee, 207 P.3d 244 (Kan. 2009). “On May 10, 2004, the district court found Bee subject to the terms of Senate Bill 123 (K.S.A. 2003 Supp. 21-4729) and suspended the imposition of the standard sentencing guidelines prison *735 sentence of 13 months and placed Bee on intensive supervised probation and required as…”
State v. Bee, 179 P.3d 466 (Kan. Ct. App. 2008). “1; K.S.A. 2003 Supp. 21-4729) and placed him in a nonprison community corrections drug treatment program, with an underlying prison sanction of 13 months’ imprisonment.”
— K.S.A. § 21-4729(f)(l) — 1 case
State v. Gumfory, 135 P.3d 1191 (Kan. 2006). “21-4729(f)(l) were legally insufficient to revoke his probation served in a mandatory drug abuse treatment program under K.S.A. 2005 Supp. 21-4729. We affirm. Gumfory pleaded guilty to one count of possession of methamphetamine.”
— K.S.A. § 21-4729(f)(l)(A) — 1 case
State v. Gumfory, 135 P.3d 1191 (Kan. 2006). “21-4729(f)(l) were legally insufficient to revoke his probation served in a mandatory drug abuse treatment program under K.S.A. 2005 Supp. 21-4729. We affirm. Gumfory pleaded guilty to one count of possession of methamphetamine.”
— K.S.A. § 21-4729(h) — 1 case
State v. Andelt, 217 P.3d 976 (Kan. 2009). “: The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.”
— K.S.A. § 21-4729(h)(2) — 1 case
State v. Andelt, 217 P.3d 976 (Kan. 2009). “: The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.”
— K.S.A. § 21-4729(h)(l) — 1 case
State v. Andelt, 217 P.3d 976 (Kan. 2009). “: The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.”
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