UNIVERSITY DAILY KANSAN
Tuesday, January 11, 1994
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Sentencing guidelines under scrumity by state
dy Stephen Martino Kansan staff writer
The issue was clear to the Kansas Legislature: criminals were serving a fraction of their time. There was no uniform sentencing across the state for the same crimes, and color of skin might affect time in prison.
"If we both committed a burglary, and you got off on the second floor of the courthouse and I got off on the seventh, you might spend only two years in prison, and I might get seven," said State Rep. Kathleen Sebelius, D-Topeka. "The process was horribly inconsistent."
Enter the 1992 Legislature, which passed the Sentencing Guideline Act. The purpose of the legislation was two-fold, Sebelius said.
"It was to give planning and control to the Legislature and the Department of Corrections of who would be in the jail space," she said. "And gives Kansas patterns of sentencing that eliminated regional and racial bias."
The act that was passed separated drug-related offenses from others. The severity of the crime and the defendant's past criminal conduct were what determined the length of a person's sentence. The statute mandated the time to be served as well.
Only mitigating or aggravating circumstances will allow a judge to deviate from guidelines.
The release of Lisa Pfannenstiel has brought the guidelines under increased scrutiny. Pfannenstiel was sentenced from six to 15 years in prison for her participation in the
1989 kidnapping and murder of an elderly Topeka couple with her ex-boyfriend, Tyrone L. Baker. She plea bargained her first-degree murder charge down to aggravated burglary and conspiracy to commit aggravated burglary.
Pfannenstiel was released because the sentencing guidelines have been applied retroactively. Because her sentence would have been less because of the guidelines, Shawnee County District Judge James Buchele said he had no choice but to release Pfannenstiel.
Not so, said state Sen. Mark Parkinson.
The Olathe Republican said that the guidelines provided opportunities for judges to keep the very worst of people in jail. He said that Buchele had the opportunity to keep Pfannenstiel in jail but chose not to use it.
Parkinson said that before the guidelines criminals could count on serving half of their minimum sentences. If someone was sentenced from five to 10 years, he said, 2 1/2 years was the average.
Sebellius said that any public anger with Pfannenstiel's release would be better directed at the prosecutor who allowed that plea bargain instead of the legislature that passed the guidelines.
"Most of the people that are coming out early are folks that would be out within a year or two anyway," she said. "I think the Legislature took a responsible position, even though politically it's not."
Legislature's slush fund becoming political issue
TOPEKA—There are more polite words for it, but the Legislature operates its own slush fund.
By John Hanna The Associated Press
The fund does not exist on paper, but it sometimes represents hundreds of thousands of dollars legislative leaders can dole out with a signature on a voucher or two. On July 1, 1993, the fund amounted to almost $625,000.
Nothing particularly sneaky or underhanded is going on because the extra money has been part of the Legislature's annual budget for years. But the slush fund exists, and Democrats are hoping it becomes an embarrassment to Republicans in the 1994 campaign for House seats.
"It's a game that's being played at the expense of the Kansas taxpayers," Nichols said.
Much of the ruckus so far is being raised by freshman state Rep. Rocky Nichols, D-Topeka, who says the slush fund is an outrage.
The reason for the slush fund is rather simple. Over the past 10 years, the Legislature, in setting the state budget, has appropriated more money to itself than is needed.
Also, many legislators do not scrutinize their own budget, which
ANALYSIS
is prepared by legislative leaders. And the executive branch does not out of respect for the separation of powers.
"What we do is kind of an unwritten policy," said State Sen. Gus Bogina, R-Shawnee, chairman of the Senate Ways and Means Committee.
The amount varies from budget year to budget year. For example, on July 1, 1985, the beginning of fiscal 1986, the Legislature rolled over a whopping $981,372, or 17.5 percent of its total budget.
Part of the desire for a slush fund is in the need for flexibility. Although the Kansas Constitution sets the length of the Legislature's annual session at 90 days, it can run much longer. Each day in session can cost the state between $45,000 and $55,000.
And having the additional money allows the Legislature to maintain the Statehouse by renovating committee rooms, offices and even the House and Senate chambers themselves.
Some Democrats complain that the extra funds allow Republican leaders, namely House Speaker Bob Miller of Wellington and Senate President Bud Burke of Olathe, to spend money on items against the full Legislature's wishes.
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The University of Kansas Opera presents
Music and Dance
WE HONOR
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MIKADO
by Gilbert and Sullivan
7:30 p.m. January 13 - 15, 1994 For general admission tickets, call the KU box offices (Murphy: 913/864-3982, Lied:913/864-ARTS);
2:30 p.m. January 16, 1994 KU student tickets are available through the SUA Office, Kansas Union; public $6,
Swarthout Recital Hall/Murphy Hall students $3, senior citizens $5; VISA/MasterCard accepted for phone orders.
PART-TIME POSITIONS AVAILABLE (with full-time benefits)
Connex International, a leader in the communications industry for over a decade, is looking for you to join our growing team. We are searching for several part-time people (flexible schedules available) Monday-Friday for our busy operations center in downtown Lawrence. Positive attitudes and good phone skills a must. NO SALES INVOLVED! We offer a paid training program for qualified applicants. Starting wage: $6.00/hour.
To learn more, join us on:
To learn more, join us on:
WEDNESDAY, JAN. 12, 1994
6:30 PM
INTERNATIONAL ROOM, KU UNION
or stop by ourtable in the KU Union on Fri. January 14,
from 9:00a.m.-3:00p.m.
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DRINK SPECIALS
free pool
Tue.- $1.00 off imports free pool
Wed.- $1.50 Longnecks
Sat. - 2 for 1 Wells
Mon. - $3.75 Pitchers
Fri. - $2.00 Long Island Ice Teas
Thur. - $ .25 Draws
Sun. - $2.00 Bloody Marvs
Screwdrivers Greyhounds
Live Entertainment
Jan 13- Turquoise Sol
Jan 14- Monterrey Jack
Jan 15- Milhouse Nixons
Jan 17- NO SCHOOL!
KU vs K-STATE
The Squibcakes
Jan 18- From the Horde Tour
Band
Jan 20 - Deep Blue Something
Jan 21 - T.B.A.
Jan 22 - They Came in Droves
Jan 28 - The Wake
Jan 29 - L.A. Ramblers
Jan 18 - From the Horde Tour
The Dave Mathews
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MINORITY SCHOLARSHIP STUDENT LEADERSHIP SEMINAR CPSY 106
Minority scholars are invited to participate in a course which can strengthen their leadership skills and allow them to put leadership theory into practice.
CPSY 106 provides an unusual taste of graduate seminar-style learning for minority scholars which can enhance their educational experience through interactive discussions and presentations.
This unique educational experience will enhance the retention and success of those who participate. CPSY 106 (line #65739) is offered this spring semester on Thursdays, 9:30-11:20 in Bailey Hall, Room 116-J.