Jessica’s Law, which provides for lengthy prison sentences for persons convicted of sexual crimes involving children, would be watered down if recommendations that originated with the Kansas Sentencing Commission were accepted by the Kansas Legislature.

The law received overwhelming bipartisan support when it was debated by the Legislature in 2006, passing in the House by a margin of 122-0, and in the Senate by a margin of 36-2, and Gov. Kathleen Sebelius enthusiastically signed the bill during a public ceremony that also featured then-Attorney General Paul Morrison.

Now, just two years later, the Sentencing Commission is recommending that sentences for those convicted under Jessica’s Law be drastically shortened.

The recommendations were presented Wednesday to the House Corrections and Juvenile Justice Committee on by a spokesperson for a group that is in the process of tweaking the Kansas criminal code. But that group was acting on behalf of recommendations presented to it by the Sentencing Commission.

House Speaker Mike O’Neal, a Hutchinson Republican, said he expected the committee to have a bill drafted reflecting the recommendations.

“I think it should be introduced out of courtesy to the Sentencing Commission,” he said.

He pointed out that the recommendations don’t paint a bulls-eye specifically on Jessica’s Law.

“In fairness to them, the recommendations cover a whole range of issues related to the proportionality of sentencing,” O’Neal said.

Although O’Neal wants a bill introduced, he said he strongly supported Jessica’s Law, and that it would be wrong to “undermine a bill that’s only been on the books for two years.”

Sebelius said she also continues to support Jessica’s Law.

Sebelius spokesperson Nicole Corcoran, in an email note to Kansas Liberty, said: “The Governor has not changed her stance on Jessica's Law.”

But she added: “Public safety is of the utmost concern to the Governor and she'd need to fully review any legislation that would impact sentencing guidelines before weighing in.”

Rep. Lance Kinzer, an Olathe Republican who served on the Corrections and Juvenile Justice Committee, and who also serves on the group that passed the recommendations to the legislative committee, said he also was strongly opposed to any watering down of sentences under Jessica’s Law.

No individual legislator is advocating the change. The impetus comes from the Sentencing Commission alone. However, the recommendations, if accepted by the Legislature and signed by the governor, would mean sentences imposed under the law would be cut roughly in half.

“I have not seen an actual bill yet, but as I understand it, a first-time offender convicted of raping a child under 14, instead of serving a mandatory minimum sentence of 25 years, would serve a minimum of around 13,” Kinzer said.

He added that he thought chances of passage were remote.

“I don’t think the bill would have any legs,” he said. “It passed with wide bipartisan support, the governor supported it, and changing the penalties would send exactly the wrong message,” Kinzer said.

- Phil LaCerte

The Week in Review