22-3722.
Service on parole, conditional release and postrelease supervision; discharge; restoration of civil rights.
(a) The period served on parole or conditional release shall be deemed service of the term of confinement, and, subject to the provisions contained in K.S.A. 75-5217, and amendments thereto, relating to an inmate who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. The period served on postrelease supervision shall vest in and be subject to the provisions contained in K.S.A. 75-5217, and amendments thereto, relating to an inmate who is a fugitive from or has fled from justice. The service of the postrelease supervision period shall not toll except as provided by K.S.A. 75-5217, and amendments thereto. The total time served shall not exceed the postrelease supervision period established at sentencing.
(b) When an inmate on parole or conditional release has performed the obligations of the release for such time as shall satisfy the prisoner review board that final release is not incompatible with the best interest of society and the welfare of the individual, the board may make a final order of discharge and issue a certificate of discharge to the inmate but no such order of discharge shall be made in any case within a period of less than one year after the date of release except where the sentence expires earlier thereto. When an inmate has reached the end of the postrelease supervision period, the board shall issue a certificate of discharge to the releasee. Such discharge, and the discharge of an inmate who has served the inmate's term of imprisonment, shall have the effect of restoring all civil rights lost by operation of law upon commitment, and the certification of discharge shall so state. Nothing herein contained shall be held to impair the power of the governor to grant a pardon or commutation of sentence in any case.
History:
L. 1970, ch. 129, § 22-3722; L. 1972, ch. 317, § 95; L. 1973, ch. 339, § 68; L. 1990, ch. 309, § 22; L. 1992, ch. 239, § 271; L. 2012, ch. 16, § 19; L. 2023, ch. 93, § 7; July 1.
Notes of Decisions
Cited in
30
cases (
4 in the last 5 years), 1974–2026 · leading case:
State v. Gaudina, 160 P.3d 854 (Kan. 2007).
State v. Gaudina, 160 P.3d 854 (Kan. 2007).
· cites it 7× “22-3717(q), K.S.A. 22-3722, and K.S.A. 2006 Supp. 75-5217(c).”
Hudson v. State, 42 P.3d 150 (Kan. 2002).
· cites it 12× “21-4608(f)(5) conflicts with K.S.A. 22-3722. Our question is whether K.”
Beck v. Kansas Adult Auth., 735 P.2d 222 (Kan. 1987).
· cites it 4× “' K.S.A. 22-3722. In making this decision the KAA owed a duty to the class of society as a whole, of which the plaintiffs are members.”
Anderson v. Bruce, 50 P.3d 1 (Kan. 2002).
· cites it 3× “” Anderson asserts that K.S.A. 22-3722 conflicts with K.S.A. 21-4608(f)(5).”
United States v. Baker, 508 F.3d 1321 (10th Cir. 2007).
· cites it 2× “Under Kansas law, release from parole or imprisonment has the effect of "restoring all civil rights lost by operation of law upon commitment," Kan. Stat. Ann. § 22-3722 , including eligibility "to hold any public office .”
Richardson v. Ramirez, 418 U.S. 24 (1974).
· cites it 2× “§ 29-4804 (1969); Kansas, Kan. Stat. Ann. § 22-3722 (Supp. 1973); Maine, Me.”
State v. Smith, 441 P.3d 1041 (Kan. 2019).
“") with K.S.A. 22-3722 (time "served on parole ..”
In Re the Disciplinary Proceeding Against Walgren, 708 P.2d 380 (Wash. 1985).
· cites it 2× “Special Project, 23 Vand. L. Rev. at 1147-50. For persons on parole, the rule in Washington is that parolees' civil rights are restored when *570 they have satisfactorily performed the obligations of their paroles.”
State v. Anthony, 45 P.3d 852 (Kan. 2002).
“K.S.A. 22-3722. Because Anthony was convicted of aggravated indecent liberties with a child, a severity level 3 nondrug offense, he was required to serve 36 months on postrelease supervision.”
Beck v. Kansas Univ. Psychiatry Found., 580 F. Supp. 527 (D. Kan. 1984).
“K.S.A. 22-3722. This court finds that under the “nature and quality” test the function of determining what conditions to place upon an inmate on conditional release and the decision whether a final release is compatible with the best interests of society and the individual are…”
Shanks v. Nelson, 907 P.2d 882 (Kan. 1995).
“Counsel for the petitioner relies on K.S.A. 1994 Supp. 22-3722, which provides that “[t]he period served on parole or conditional release shall be deemed service of the term of confinement.”
State v. Fowler, 710 P.2d 1268 (Kan. 1985).
“Under K.S.A. 22-3722, where a defendant has been committed to the custody of the Secretary of Corrections, the period served on parole or conditional release shall be deemed service of the term of confinement.”
— K.S.A. § 22-3722(b) — 1 case
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