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

K.S.A. § 21-6608 (2026)

Period of suspension of sentence, probation or assignment to community corrections; parole of misdemeanant; duration of probation in felony cases, modification or extension

✓ current as of May 2026
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21-6608. Period of suspension of sentence, probation or assignment to community corrections; parole of misdemeanant; duration of probation in felony cases, modification or extension. (a) The period of suspension of sentence, probation or assignment to community corrections fixed by the court shall not exceed two years in misdemeanor cases, subject to renewal and extension for additional fixed periods of two years. Probation, suspension of sentence or assignment to community corrections may be terminated by the court at any time and upon such termination or upon termination by expiration of the term of probation, suspension of sentence or assignment to community corrections, an order to this effect shall be entered by the court.

(b) The district court having jurisdiction of the offender may parole any misdemeanant sentenced to confinement in the county jail. The period of such parole shall be fixed by the court and shall not exceed two years and shall be terminated in the manner provided for termination of suspended sentence and probation.

(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:

(1) For nondrug crimes the recommended duration of probation is:

(A) 36 months for crimes in crime severity levels 1 through 5; and

(B) 24 months for crimes in crime severity levels 6 and 7;

(2) for drug crimes the recommended duration of probation is 36 months for crimes in crime severity levels 1 and 2 committed prior to July 1, 2012, and crimes in crime severity levels 1, 2 and 3 committed on or after July 1, 2012;

(3) except as provided further, in felony cases sentenced at severity levels 9 and 10 on the sentencing guidelines grid for nondrug crimes, severity level 4 on the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, and severity level 5 of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, if a nonprison sanction is imposed, the court shall order the defendant to serve a period of probation of up to 12 months in length;

(4) in felony cases sentenced at severity level 8 on the sentencing guidelines grid for nondrug crimes, severity level 3 on the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, and severity level 4 of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, and felony cases sentenced pursuant to K.S.A. 21-6824, and amendments thereto, if a nonprison sanction is imposed, the court shall order the defendant to serve a period of probation, or assignment to a community correctional services program, as provided under K.S.A. 75-5291 et seq., and amendments thereto, of up to 18 months in length;

(5) if the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will be jeopardized or that the welfare of the inmate will not be served by the length of the probation terms provided in subsections (c)(3) and (c)(4), the court may impose a longer period of probation. Such an increase shall not be considered a departure and shall not be subject to appeal;

(6) except as provided in subsections (c)(7) and (c)(8), the total period in all cases shall not exceed 60 months, or the maximum period of the prison sentence that could be imposed whichever is longer. Nonprison sentences may be terminated by the court at any time;

(7) if the defendant is convicted of nonsupport of a child, the period may be continued as long as the responsibility for support continues. If the defendant is ordered to pay full or partial restitution, the period may be continued as long as the amount of restitution ordered has not been paid; and

(8) the court may modify or extend the offender's period of supervision, pursuant to a modification hearing and a judicial finding of necessity. Such extensions may be made for a maximum period of five years or the maximum period of the prison sentence that could be imposed, whichever is longer, inclusive of the original supervision term.

(d) In addition to the provisions of subsection (a), a defendant who has a risk assessment of low risk, has paid all restitution and has been compliant with the terms of probation, assignment to a community correctional services program, suspension of sentence or nonprison sanction for a period of 12 months shall be eligible for discharge from such period of supervision by the court. The court shall grant such discharge unless the court finds by clear and convincing evidence that denial of such discharge will serve community safety interests.

History: L. 2010, ch. 136, § 248; L. 2011, ch. 30, § 65; L. 2012, ch. 150, § 30; L. 2013, ch. 76, § 3; L. 2014, ch. 102, § 5; July 1.

Notes of Decisions
Cited in 39 cases (22 in the last 5 years), 2014–2026 · leading case: State v. Hambright, 447 P.3d 972 (Kan. 2019).
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State v. Hambright, 447 P.3d 972 (Kan. 2019). · cites it 19× “22-3504 because it does not conform to K.S.A. 2018 Supp. 21-6608, the statute addressing probation duration.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). · cites it 22× “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
State v. Collins, 362 P.3d 1098 (Kan. 2015). · cites it 12× “: K.S.A. 2011 Supp. 21-6608 sets out maximum probation terms for most felonies but is silent as to felony domestic battery.”
State v. Baker, 429 P.3d 240 (Kan. Ct. App. 2018). · cites it 11× “The term of probation for a conviction is governed by K.S.A. 2017 Supp. 21-6608. Pertinent here, Baker's theft conviction, as severity level 7 crime, carried a "recommended duration of probation" of 24 months.”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). · cites it 10× “K.S.A. 21-6608 contemplates two exceptions that can extend probation beyond the statutory term.”
State v. Herron, 335 P.3d 1211 (Kan. Ct. App. 2014). · cites it 4× “21-4611(c)(7) (allowing the indefinite extension of probation to pay unpaid restitution), later recodified as K.S.A. 2013 Supp. 21-6608(c)(7); State v.”
State v. Roberts, 461 P.3d 77 (Kan. Ct. App. 2020). “" K.S.A. 2018 Supp. 21-6608(c)(7). And the district court need not hold a hearing before extending probation for nonpayment of restitution.”
State v. Robison, 469 P.3d 83 (Kan. Ct. App. 2020). “K.S.A. 2017 Supp. 21-6608(c)(7). The court can even do so without holding a hearing.”
State v. Swazey, 357 P.3d 893 (Kan. Ct. App. 2015). “The court may extend the term of probation, pursuant to subsection (c)(3) of K.S.A. 2014 Supp. 21-6608, and amendments thereto.”
State v. Fox (Kan. Ct. App. 2024). · cites it 32× “Fox's entire argument hinges on the premise that even when an offender enters an agreement in which he or she voluntarily, knowingly, and understandingly waives his or her rights associated with a probation modification hearing discussed in K.”
State v. White, 360 P.3d 484 (Kan. Ct. App. 2015). · cites it 11× “See K.S.A. 2012 Supp. 21-6608. On July 1, 2013, the first version of the presumptive-release statute became effective: “(d) In addition to the provisions of subsection (a), a defendant who has a risk assessment of low risk, has paid all restitution and has been compliant with…”
State v. McCain (Kan. Ct. App. 2022). · cites it 25× “The plea agreement also contemplated that the parties recommend McCain be placed on an extended period of probation of 60 months, under K.S.A. 2018 Supp. 21-6608, to allow her time to make full restitution.”
Show all 39 citing cases →
— K.S.A. § 21-6608(8) — 1 case
Walker v. Kansas, State of (D. Kan. 2025).
— K.S.A. § 21-6608(a) — 3 cases
State v. Collins, 362 P.3d 1098 (Kan. 2015). “: K.S.A. 2011 Supp. 21-6608 sets out maximum probation terms for most felonies but is silent as to felony domestic battery.”
State v. White, 360 P.3d 484 (Kan. Ct. App. 2015). “See K.S.A. 2012 Supp. 21-6608. On July 1, 2013, the first version of the presumptive-release statute became effective: “(d) In addition to the provisions of subsection (a), a defendant who has a risk assessment of low risk, has paid all restitution and has been compliant with…”
State v. Hess (Kan. Ct. App. 2025).
— K.S.A. § 21-6608(b) — 3 cases
State v. Busby (Kan. Ct. App. 2022).
State v. Burnett (Kan. Ct. App. 2020).
State v. Rann (Kan. Ct. App. 2020).
— K.S.A. § 21-6608(c) — 7 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “22-3504 because it does not conform to K.S.A. 2018 Supp. 21-6608, the statute addressing probation duration.”
State v. Collins, 362 P.3d 1098 (Kan. 2015). “: K.S.A. 2011 Supp. 21-6608 sets out maximum probation terms for most felonies but is silent as to felony domestic battery.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
State v. Baker, 429 P.3d 240 (Kan. Ct. App. 2018). “The term of probation for a conviction is governed by K.S.A. 2017 Supp. 21-6608. Pertinent here, Baker's theft conviction, as severity level 7 crime, carried a "recommended duration of probation" of 24 months.”
State v. Moreno (Kan. Ct. App. 2026).
— K.S.A. § 21-6608(c)(1) — 2 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “22-3504 because it does not conform to K.S.A. 2018 Supp. 21-6608, the statute addressing probation duration.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
— K.S.A. § 21-6608(c)(1)(B) — 7 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “22-3504 because it does not conform to K.S.A. 2018 Supp. 21-6608, the statute addressing probation duration.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
State v. Baker, 429 P.3d 240 (Kan. Ct. App. 2018). “The term of probation for a conviction is governed by K.S.A. 2017 Supp. 21-6608. Pertinent here, Baker's theft conviction, as severity level 7 crime, carried a "recommended duration of probation" of 24 months.”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). “K.S.A. 21-6608 contemplates two exceptions that can extend probation beyond the statutory term.”
State v. Nelson (Kan. Ct. App. 2022).
— K.S.A. § 21-6608(c)(3) — 7 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “22-3504 because it does not conform to K.S.A. 2018 Supp. 21-6608, the statute addressing probation duration.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
State v. Baker, 429 P.3d 240 (Kan. Ct. App. 2018). “The term of probation for a conviction is governed by K.S.A. 2017 Supp. 21-6608. Pertinent here, Baker's theft conviction, as severity level 7 crime, carried a "recommended duration of probation" of 24 months.”
State v. Moreno (Kan. Ct. App. 2026).
State v. Suttle (Kan. Ct. App. 2020).
— K.S.A. § 21-6608(c)(4) — 6 cases
State v. Baker, 429 P.3d 240 (Kan. Ct. App. 2018). “The term of probation for a conviction is governed by K.S.A. 2017 Supp. 21-6608. Pertinent here, Baker's theft conviction, as severity level 7 crime, carried a "recommended duration of probation" of 24 months.”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). “K.S.A. 21-6608 contemplates two exceptions that can extend probation beyond the statutory term.”
State v. Applegate (Kan. Ct. App. 2022).
State v. Brooker (Kan. Ct. App. 2021).
State v. Wheeler (Kan. Ct. App. 2022).
— K.S.A. § 21-6608(c)(5) — 9 cases
State v. Hambright, 447 P.3d 972 (Kan. 2019). “22-3504 because it does not conform to K.S.A. 2018 Supp. 21-6608, the statute addressing probation duration.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
State v. Baker, 429 P.3d 240 (Kan. Ct. App. 2018). “The term of probation for a conviction is governed by K.S.A. 2017 Supp. 21-6608. Pertinent here, Baker's theft conviction, as severity level 7 crime, carried a "recommended duration of probation" of 24 months.”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). “K.S.A. 21-6608 contemplates two exceptions that can extend probation beyond the statutory term.”
State v. McCain (Kan. Ct. App. 2022). “The plea agreement also contemplated that the parties recommend McCain be placed on an extended period of probation of 60 months, under K.S.A. 2018 Supp. 21-6608, to allow her time to make full restitution.”
— K.S.A. § 21-6608(c)(6) — 8 cases
State v. Collins, 362 P.3d 1098 (Kan. 2015). “: K.S.A. 2011 Supp. 21-6608 sets out maximum probation terms for most felonies but is silent as to felony domestic battery.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). “K.S.A. 21-6608 contemplates two exceptions that can extend probation beyond the statutory term.”
State v. Trevitt (Kan. Ct. App. 2020).
State v. Warren (Kan. Ct. App. 2026).
— K.S.A. § 21-6608(c)(7) — 12 cases
State v. Herron, 335 P.3d 1211 (Kan. Ct. App. 2014). “21-4611(c)(7) (allowing the indefinite extension of probation to pay unpaid restitution), later recodified as K.S.A. 2013 Supp. 21-6608(c)(7); State v.”
State v. Hambright, 447 P.3d 972 (Kan. 2019). “22-3504 because it does not conform to K.S.A. 2018 Supp. 21-6608, the statute addressing probation duration.”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). “K.S.A. 21-6608 contemplates two exceptions that can extend probation beyond the statutory term.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
State v. Roberts, 461 P.3d 77 (Kan. Ct. App. 2020). “" K.S.A. 2018 Supp. 21-6608(c)(7). And the district court need not hold a hearing before extending probation for nonpayment of restitution.”
— K.S.A. § 21-6608(c)(8) — 5 cases
State v. Fox (Kan. Ct. App. 2024). “Fox's entire argument hinges on the premise that even when an offender enters an agreement in which he or she voluntarily, knowingly, and understandingly waives his or her rights associated with a probation modification hearing discussed in K.”
State v. Whiteford (Kan. Ct. App. 2026).
State v. Trevitt (Kan. Ct. App. 2020).
State v. Cox (Kan. Ct. App. 2020).
State v. Gardner, 428 P.3d 822 (Kan. Ct. App. 2018).
— K.S.A. § 21-6608(c)(l) — 1 case
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017). “21-6608 states: “(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows:…”
— K.S.A. § 21-6608(d) — 1 case
State v. White, 360 P.3d 484 (Kan. Ct. App. 2015). “See K.S.A. 2012 Supp. 21-6608. On July 1, 2013, the first version of the presumptive-release statute became effective: “(d) In addition to the provisions of subsection (a), a defendant who has a risk assessment of low risk, has paid all restitution and has been compliant with…”
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