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Prisoner Review Board

Prisoner Review Board Role

The Prisoner Review Board plays a significant role in the two sentencing systems that govern those confined within Kansas Department of Corrections’ facilities. Under the indeterminate release structure, the Prisoner Review Board determines when an incarcerated inmate will be released. Furthermore, the Board establishes supervision conditions of parole and conditional release, discharges successful parole and conditional releasees from supervision per the recommendation of the Parole Officer and revokes the release of those who have violated the conditions of their supervision.

On July 1, 1993, the legislature enacted the sentencing guidelines system. In this process, the Prisoner Review Board has the added responsibility of establishing conditions of supervision for inmates released on post-release supervision. The Board is also responsible for revoking those individuals who have violated their conditions of release.

Under both systems, the Prisoner Review Board has the responsibility to review executive clemency applications and make recommendations to the Governor regarding the clemency.

The Prisoner Review Board strives to cooperate fully with all criminal justice agencies for the continuing advancement of criminal justice and public safety in the State of Kansas. The Board also strives to be accessible to victims of crimes and other concerned citizens and to be receptive to their input.

Historical Overview of Kansas Paroling Authorities

The system of early release of inmates, which we know today as “parole,” can be traced to as early as 1864. At that time the Governor, vested with constitutional authority, enjoyed the power to commute or reduce an inmate’s sentence when deemed appropriate and advisable. To offer assistance to the Governor, the 1885 Legislature created a Board of Pardons whose function was to review commutation or pardon applications and report their recommendations to the Governor. This was a three-person Board, which met four times per year at the State Capitol. Each member received $5 per day for compensation.

In 1901, the Legislature again addressed the area of early release of inmates and empowered the Governor to set certain inmates free under circumstances and conditions quite similar to today’s parole. In fact, this legislation was the first to ever use the word “parole.” The Governor was required to make certain findings before authorizing an inmate’s release under this system. The Governor had to be convinced that the inmate had served an adequate amount of time to be reformed. The Governor also had to find that the inmate could be released without endangering the community and that the inmate could find suitable employment upon release.

As with today’s parole, conditions were attached to this privileged release. The inmate was required to report regularly to the Warden, refrain from using intoxicating liquors and gambling, refrain from frequenting places where intoxicating liquor was sold or where gambling occurred and refrain from associating with criminals and unworthy associates. An inmate could be incarcerated for violating these conditions and might not again be released until the expiration of his sentence – a much stricter requirement than today.

It was not until 1903 that a release procedure was adopted that was independent of the Governor’s power. The Legislature created a Prison Board comprised of the Board of Directors and the Warden of the Penitentiary. The Board could parole inmates who had served their minimum sentences and had secured residence and employment. Conditions were attached to those releases and revocation was available when conditions were violated.

More than 50 years passed without substantive modifications to the Prison Board or its power. In 1957, however, the Prison Board was abolished and the Board of Probation and Parole was created. This Board had five part-time members who were appointed by the Governor and confirmed by the Senate. No more than three could share the same political affiliation and the membership had to include an attorney, a minister, a businessman and a farmer. The fifth member was chosen at-large.

The Board size was decreased in 1961 to three members, who received an annual salary as opposed to the previous per diem allowance. As before, the appointments were made by the Governor and approved by the Senate. The authority to grant or deny parole, and the powers attendant therewith, were vested exclusively in this Board while the Governor retained control over pardons and commutations. After a century of development and growth, the parole system finally emerged. It was allowed to separate from the Governor’s authority and was acknowledged as an independent entity.

The Board of Probation and Parole had the responsibility of deciding who was granted parole and to supervise those offenders who were placed on parole as well as those offenders who sentencing judges had placed on probation. The supervising task remained with the Board until 1974. At that time, the Board of Probation and Parole was abolished and replaced by the Kansas Adult Authority. This Board had five members, with no more than three permitted to be from the same political party. One member was required to be an attorney, and two of the others from the fields of medicine, psychiatry, sociology or psychology. With the removal of parole and probation supervision from its jurisdictions, the Board focused on parole decisions, policies, and procedures, revocation of parole violators, discharge of parolees from supervision and review of pardon and clemency applications.

In 1979, the five-member Board became full-time employees of the State of Kansas.

In 1983, the Governor reduced the Board to three members and this change was ratified by the 1984 Legislature. Also in 1984, the name was changed from the Kansas Adult Authority to the Kansas Parole Board effective January 1, 1986.

Kansas Parole Board members were appointed by the Governor, with the advice and consent of the Senate.  No more than two members could belong to the same political party.  Members served staggered four year terms and represented diverse backgrounds, professional training and experience.

The 1988 Legislature increased Board membership to five then during the 1997 Legislative session; a law was passed which reduced the membership of the Parole Board to four full-time members.  This reduction became effective in June 1997 effective July 1, 2003, the Legislature once again reduced the Board to three full time members.

In 2011, Governor Sam Brownback issued Executive Reorganization Order No. 34 (ERO 34) which abolished the Kansas Parole Board and established a three-member Prisoner Review Board whose members are appointed by the Secretary of Corrections and serve at the pleasure of the Secretary. This change became effective July 1, 2011.

The Parole Process 

Public Comment Sessions

The Prisoner Review Board conducts monthly Public Comment Sessions in the cities of Derby, Topeka and Kansas City.  The sessions provide an opportunity for Board members to receive written and oral input from victims, victims’ families, inmates’ families, community members and other interested persons regarding the possible parole of inmates. Notice of the Public Comment Sessions and a list of relevant inmates are available at: Public Comment Sessions.

Parole Eligibility

Inmates under the indeterminate sentencing structure become parole eligible after serving the minimum sentence, less good time credits. The good time credits are calculated according to statute. Currently, good time is earned at a rate of one day for every day served for sentences with a minimum of two years. In other words, an individual will become eligible at half of his/her minimum sentence if all good time is earned. For sentences with a one-year minimum, parole eligibility is reached after serving nine months.

The Parole Hearing

By statute, the Board must conduct a parole hearing during the month prior to the inmate’s parole eligibility date with the inmate present if he/she is incarcerated in Kansas. This appearance does not necessarily mean that the inmate will be released on parole. Parole eligibility is viewed by the Board as distinctly different from parole suitability.

During the parole hearing the inmate is given an opportunity to:

 

  • Present to the Board the inmate’s version of the offense and any mitigating or precipitating factors;
  • Discuss the inmate’s prior criminal history;
  • Discuss the progress the inmate has made and the programs that have been completed, including those that are a part of the inmate’s Program Agreement;
  • Discuss the precipitating or mitigating factors of any Disciplinary Reports the inmate has received while incarcerated;
  • Discuss the inmate’s problems and needs;
  • Present and discuss parole plan;
  • Discuss other matters that are pertinent to consideration of parole release;
  • Present other reasons the inmate believes makes him/her ready for parole.

Parole hearings provide the Board an opportunity to review all available reports and material pertinent to the case, as well as to question the inmate directly about relevant issues and to make an assessment of the inmate and his/her readiness for parole.

 

The Parole Decision-Making  Process

 

Kansas Law stipulates that the Board may release on parole those inmates who have satisfactorily completed the Program Agreement, required by the K.S.A. 75-5210a, whom the Board believes are able and willing to fulfill the obligations of a law-abiding citizen, and when the Board is of the opinion that there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate. (K.S.A. 22-3717 (e)).

In conjunction with K.S.A. 22-3717 (h), the following non-exhaustive factors are considered when determining parole suitability:

  • Circumstances of the offense
  • Previous criminal record and social history of the inmate
  • Programs and program participation
  • Conduct, employment, attitude, disciplinary history during incarceration
  • Reports of physical/mental examinations, including but not limited to risk factors revealed by any risk assessment
  • Comments from public officials, victims or their family, offender family or friends, or any other interested member of the general public
  • Capacity of state correctional institutions
  • Input from staff where offender is housed
  • Proportionality of time served to the sentence that would have been received under the Kansas sentencing guidelines for the conduct that resulted in the inmate's incarceration
  • Presentence report

In addition to soliciting comments from violent crime victims, comments are solicited from public officials regarding the inmate’s possible parole. These officials include the Prosecuting Attorney, Sheriff’s Department, Police Department and the Sentencing Judge from the county or counties in which the inmate was convicted. This information is made available to the Board at the inmate’s hearing.

These considerations take into account the welfare of the community and public safety in determining the optimum period of time for parole release of an individual inmate. The parole decision is representative of the criminal justice system and governmental guidelines and is an attempt to reflect the general attitude and opinions of law enforcement and the community at large. Before granting parole, the Board determines whether or not an offender has demonstrated appropriate behavior which ensures a reasonable opportunity to succeed socially and economically. The Board takes into consideration the individuality of offenders on a case-by-case basis.

The Board can make one of three basic decisions at a parole hearing. These decisions are

  • parole
  • continue
  • pass

The Board can decide to “parole” when it believes the inmate is suitable for release.

Secondly, the Parole Board can decide to “continue,” which is to postpone making a decision to parole or pass the inmate. This action is made to facilitate further deliberation or receipt of information, when it requires a more in-depth review or discussion of the case. The Board may also continue for additional votes necessary for a majority decision. Other times, it may continue for the inmates to undergo an evaluation to assess the inmate’s mental health. Once the reason for the continuation is satisfied, a determination as to whether or not to release the inmate is made.

The third decision is to “pass” for a particular period of time, which is a denial of parole. The maximum period for which the Prisoner Review Board may pass offenders convicted of A or B felonies or off-grid offenses is ten years, if the Board can provide reasons as to why it is not believed that the inmate would have been granted parole otherwise. Previously, offenders convicted of such offenses could only be passed for up to 3 years.

For offenders convicted of offenses other than A or B felonies or off-grid offenses, the Board may issue a pass for a period up to three years, provided the Board can give reasons as to why it is not believed that the inmate would have been granted parole otherwise. Previously, offenders convicted of such offenses could only be passed for up to one year.

Appeal

An inmate has the right to appeal a parole decision under authority of K.A.R. 45-200-2(b), when he/she can present “new evidence which was unavailable at the prior hearing.” The appeal must be made in writing and specify the new evidence upon which the inmate relies. Those that meet the outlined criteria are reviewed by the Prisoner Review Board so that a decision can be made regarding the appeal. Once a decision has been reached, the offender is notified of the decision by the Board.

Conditional Release

A conditional release is the date when an inmate under an indeterminate sentence must be released, because he/she has served half of the maximum sentence. Good time for conditional release is calculated in the same manner as for parole eligibility. Therefore, for sentences with a maximum of two years or more an inmate must serve one-half of the maximum before being conditionally released. For example, on a three-to-ten year sentence, an inmate will reach his/her conditional release after serving five years and must be released at that time, provided he/she has lost no good time. When an inmate reaches his/her conditional release, the Prisoner Review Board reviews the inmate’s file and establishes conditions with which the inmate must comply. The offender is then placed on conditional release and supervised until the maximum sentence date or granted an early discharge by the Board.

Post-Release Supervision

The Kansas Legislature imposed a Sentencing Guideline Sentencing structure for individuals whose crimes were committed on or after July 1, 1993. This system is determinate in nature, in that the inmate’s period of incarceration is predetermined at sentencing. Post-release supervision is similar to conditional release. Post-release supervision begins when an inmate has served the maximum sentence, less good time credits. Each sentence has its own predetermined period of supervision and the inmate may earn good time in an amount no greater than 15-20 percent (depending on when the crime occurred) of the sentence, thereby reducing the portion of the sentence that must be served in prison. This amount of time, however, will then be added to the period of post-release supervision, so that the entirety of the term will not be affected or reduced. Therefore, since the inmate’s release date is predetermined, the Prisoner Review Board’s role at release is to set the conditions of the supervision period. Once the individual reaches the expiration date of his/her supervision period, the individual’s obligation to the state has been satisfied.

Parole, Conditional Release, and Post-Release Revocation Hearings

In general, after an inmate has been released on parole, conditional release or post-release supervision, the Secretary of Corrections may issue a warrant when a violation of parole, conditional release or post-release supervision has been established. This process is initiated by an offender’s Parole Officer, not by the Prisoner Review Board. If the Parole Officer wishes to pursue revocation proceedings, a probable cause/ preliminary hearing is conducted by the field parole staff and an impartial hearing officer. If probable cause is found, the inmate may be returned to the Department of Corrections’ custody. The offender is then scheduled for a revocation hearing before the Prisoner Review Board. The inmate has the right to have witnesses present who may have information relevant to the alleged violation. If the violation is established to the satisfaction of the Board, it may revoke the parole, conditional release or post-release or take any other appropriate action. In the case that the release is revoked, this action could include assessment of a penalty in the nature of further time which the inmate must serve before again being considered by the Board for release.

For offenders under post-release supervision, the Board is limited in the length of time it can order offenders to serve on a condition violation. For these offenders, depending on when their original conviction occurred, the Board may only revoke for up to 90 days or for 180 days. The exception to these limits is if the violation results from a conviction for a new felony or misdemeanor.  Prior to July 1, 2013, upon revocation for a new felony conviction the inmate was required to serve the entire remaining balance of the period of post-release supervision even if the new conviction did not result in the imposition of a new term of imprisonment.  As a result of FY2013 legislation that amended K.S.A. 75-5217 (c) the Board, beginning July 1, 2013, has the discretion to require an offender to serve a revocation period up to the date of sentence discharge when revocation is predicated on either a new felony or misdemeanor conviction.

Waiver of Final Prisoner Review Board Hearing

During the FY 1999 legislative session, K.S.A. 75-5217 (b) was amended to provide post-release supervision violators the option of waiving their final hearing before the Prisoner Review Board. Following arrest, an offender is served documents regarding the pending revocation and has the option to admit guilt and sign a waiver of their right to a hearing before the Board. In doing so, the revocation process for the offender begins at that point, and the revocation period of either 90 or 180 days begins immediately, rather than after the offender appears in person before the Board at a revocation hearing. Offenders who have been granted a parole release are not eligible to waive their final hearing before the Board

Discharge from Supervision

An inmate under the indeterminate release system can be maintained on supervision up to the expiration of his/her maximum sentence. There is a minimum requirement of one year of supervision before discharge may be requested.  This action may be initiated by the offender’s supervising Parole Officer, the Prisoner Review Board or the offender. A poor performance under supervision could result in causing the inmate to remain under supervision for a longer period of time than one or two years. If an inmate’s adjustment has been satisfactory, the Parole Officer may submit a written report, summarizing the offender’s conduct while under supervision, which outlines for the Board issues such as employment, compliance with conditions and law enforcement contact. The Request for Discharge must be accompanied by an approval by the Parole Officer’s supervisor and is then considered by the Board. Without regard to his/her conduct, an inmate must be released from supervision at the maximum sentence expiration date in the absence of an early discharge.

During the FY 2013 legislative session, K.S.A. 22-3717 (d) (2) was amended to allow offenders serving 12, 24 or 36 months of post release supervision to petition the Board for early discharge if they have paid court ordered restitution.

Maximum Release

In the event an inmate under the indeterminate release system has had his/her Conditional Release revoked and/or serves to the maximum, he/she shall be released from prison at that time as the offender’s sentence has been satisfied. The Board has no authority to set any conditions upon the release or to have any control over the offender’s conduct. The Department of Corrections, similarly, cannot provide any supervision. Once an offender reaches his/her maximum date the offender’s obligation to the State has been satisfied and the Board records this with the issuance of a maximum sentence discharge certificate.

Executive Clemency

Executive Clemency is an extraordinary method of relief and is not regarded as a substitute for parole. An inmate who believes that he/she has a deserving case for executive clemency may request the necessary applications from institutional staff. Once completed by the inmate, these forms are submitted to the Board, along with the inmate’s reasons for applying for clemency. As required by law, a notice of the inmate’s application is forwarded to the official county newspaper in the area of conviction so that interested parties may offer comments. In the event the inmate does not have sufficient funds for the cost of this publication, the Department of Corrections bears the cost. Comments are solicited from the sentencing judge and the prosecuting attorney. After the formalities have been accomplished, the Board conducts a file review to determine if a personal interview with the inmate is warranted. After reviewing the file, and conducting a hearing (if needed), the Board then submits a recommendation to the Pardon Attorney in the Governor’s office for the Governor’s final action.

Public Comment Sessions

Each month, the Prisoner Review Board offers multiple forums through which the general public, public officials, victims, and family or friends of an offender can comment either in support or opposition of parole suitability one month prior to an offender’s parole hearing.

September 11, 2024 Schedule of Public Comment Session

The September 2024 Public Comment Sessions will be conducted using a Zoom Webinar platform. Sessions will be offered on September 11th and September 26th, 2024. Please be advised that the Prisoner Review Board will be accepting comments for offenders with hearings scheduled in October 2024. Those interested in attending or submitting correspondence to the Board may do so by registering and joining the scheduled Zoom Webinar and/or by mailing written comments to the PRB address included in the information below. Please utilize the Public Comment Forms in support or opposition in regard to offenders included on the offenders list for the upcoming September public comment session. Please mail correspondence to the address provided below by no later than Friday, September 27th for those included on the October PE list below. E-mail correspondence may be directed to KDOC_PRB_Public_Comment@ks.gov

The Prisoner Review Board hereby announces the schedule of public comment sessions to be held in September 2024 via Zoom Webinar. These specific comment sessions are held so that comments can be received from any interested citizens concerning residents who are entitled by law to a parole hearing during the month of October 2024. The attached list shows the county of convictions, which is not necessarily the resident’s home, nor the county to which the resident would return if granted parole. If parole is granted, the earliest the resident could be released from incarceration would be in November 2024. Meetings will be conducted on the dates as indicated below:

IMPORTANT: Please follow the prompts within the registration page for confirmation and additional details. Those wishing to attend the session are asked to join promptly at 9:00 a.m. The session will end after the last participant/s that have joined at the designated start time have spoken to the Board.

IMPORTANT: **The upcoming registration for the September 11th session will close promptly at 12:00 p.m. (CST) on Monday, September 9th. Those interested in attending, must be registered prior to this time, as requests for late registration will not be permitted.

September 11, 2024 September 26, 2024
9-11:00 a.m. 9-11:00 a.m.
Zoom Webinar Zoom Webinar

The Prisoner Review Board is interested in knowing the view of citizens concerning the possible parole of these residents. Any citizen who would like to express comments on these residents, but is unable to attend one of the Public Comment Sessions, may send a letter to: KANSAS DEPARTMENT OF CORRECTIONS, PRISONER REVIEW BOARD; 714 SW JACKSON STREET, SUITE 300; TOPEKA, KS 66603.

Residents are required by law to receive a hearing when they become parole eligible. Parole eligibility is not necessarily the same as parole suitability. In determining parole suitability, the Parole Board considers the following ten areas: 1) crime; 2) prior criminal history; 3) program participation; 4) disciplinary record; 5) reports of physical/mental examinations; 6) comments received from the victim, the public and criminal justice officials; 7) prison capacity; 8) input from staff where offender is housed; 9) proportionality to sentence guidelines; and 10) risk factors revealed by any risk assessment.

September 2024 Public Comment Offender List

The following list of offenders are scheduled for parole hearings with the Prisoner Review Board during the months of July and August 2024. These offenders may become eligible for parole in August or September 2024.

Commitment Name KDOC# County of Offense Case # Kansas Offense Code Attempted
Conspiracy
Solicitation
ECF
TURNER,JASON 0054828
Geary 91CR1153 Murder, 1st degree
Geary 91CR1153 Kidnapping
EDCF-C
ADAMS,MICHAEL,ALLEN,JR 0106569
Sherman 11CR205 Agg Indecent Solicitation child <14 unlawful sex
Thomas 21CR180 Fls rpt crim com infor crm ofcr rl info – felony
BENEDIX,SETH,A 0109575
Sedgwick 14CR697 Aggravated Sex Battery;Intentional Touching GE16
Seward 19CR233 Criminal Threat
FRICKS,ANDREW,L 0109829
Sedgwick 14CR1985 Sexual Exploitation of Child <18
Sedgwick 18CR3398 Sexual Exploitation of Child LT18
JIMENEZ,DANIEL,C 0067368
Sedgwick 97CR2330 Murder in the First Degree
PENRICE,DARCEL,L 0062367
Shawnee 93CR3145 Murder in the First Degree
Shawnee 93CR3145 Aggravated Kidnapping
PYLE,MICHAEL,DUANE 0025121
Kiowa C-680 Arson
Kiowa C-680 Murder, 1st degree
HCF-C
BAUTISTA,OCTAVIO,L,JR 0103386
Sedgwick 10CR4012 Aggravated Indecent Liberties,GE14<16,Sex Intercou
MUNOZ,JUAN,A 0068198
Finney 98CR571 Murder in the First Degree
Finney 98CR571 Aggravated Burglary
NAVARRO,JOSE,A 0055740
Sedgwick 13CR2993 Agg Indecent Solicitation child <14 unlawful sex
Sedgwick 13CR2993 Aggravated Intimidation of a Witness or Victim
Finney 91CR390 Theft ($500 thru $50,000)
Finney 91CR390 Burglary
Finney 91CR582 Robbery
Finney 91CR582 Aggravated Robbery
Finney 91CR582 Attempted Murder 1st A
NGUYEN,NAM,HOANG 0077700
Finney 02CR995 Aggravated Kidnapping
Finney 02CR995 Kidnapping
Finney 02CR995 Kidnapping
Finney 02CR995 Kidnapping
Finney 02CR995 Kidnapping
Finney 02CR995 Kidnapping
Finney 02CR995 Aggravated Burglary
Finney 02CR995 Aggravated Burglary C
Finney 02CR995 Murder in the First Degree
Butler 08CR408 Aggravated Battery State,County or City LEO
Butler 08CR408 Aggravated Battery State,County or City LEO
PARKER,DANIEL,L 0070331
Wyandotte 99CR2103 Murder in the First Degree
PORTER,KENDRE,L 0106950
Sedgwick 12CR1393 Aggravated Sex Battery;Intentional Touching GE16
Sedgwick 12CR1393 Aggravated Sex Battery;Intentional Touching GE16
Sedgwick 12CR1393 Aggravated Burglary
LCF-C
BERNEKING,BRIAN,ALAN 0114265
Saline 15CR719 Rape; Sex Interc w/Victim <14 yrs & Off. >= 18 yrs
DURAN,JESUS,EDWARD,JR 0091797
Pratt 07CR185 Indecent Solicitation of a Child
Pratt 19CR53 Poss of opiates,opium, narc drugs or desig stim
LCMHF
CERON,ALBERT,LEOPOLDO 0100264
Ford 10CR537 Aggravated Indecent Liberties,GE14<16,Sex Intercou
Ford 10CR537 Aggravated Indecent Liberties GE14>16; Fondling
JOHNSON,KEITH 0047909
Johnson K57226 Aggravated Robbery
Johnson K57226 Attempted Murder 1st A
NCF-C
WILLIAMS,STEWART,W,JR 0078911
Johnson 10CR3037 Sexual Exploitation Child;Poss Visual Child < 18 A
Johnson 10CR3037 Failure to Register – Offender Registration Act A
Sedgwick 14CR3459 Violtn of the KS Offndr Registration Act 1st cnv
WCF
WILLIS,EDWIN,JR 0025820
Reno 91CR686 Murder, 1st degree

Overview and Instructions for Written Comments

The Prisoner Review Board conducts monthly Public Comment Sessions in the cities of Derby, Topeka and Kansas City. These sessions provide an opportunity to allow victims, family, public officials, community members, and other interested persons to express their support, opposition, concern, or comments regarding the potential parole of offenders who are scheduled for parole hearings the following month.

In addition to the Board members, a representative from the KDOC Office of Victim Services will be in attendance at each session to provide instructions and assistance.

Notice of the Public Comment Sessions and a list of parole eligible offenders are posted at: Public Comment Sessions. Public officials including District Attorneys, Victim/Witness Coordinators and other related correctional agencies across the State also receive notice of Public Comment Sessions. Victims registered through the Department of Corrections Office of Victim Services will receive direct and confidential notification of these sessions (K.S.A. 74-7335).

Instructions for completing a written comment form
Please use the offender’s name, number and facility if known.

On the relationship line, please note your association to the offender. Use the comment lines to provide the Board information not already included in the offender’s file. The Board will have information available on institutional adjustment and programs, therefore you will not need to cover these areas unless you have additional information.

Commenting in opposition of parole:
1. Please discuss the present physical, psychological, emotional and/or financial impact of the offenders actions against you, your family member and/or your friend.
2. State any special conditions you would like the Board to consider in the event that the offender is granted parole.

Commenting in support of parole:
1. Please list specific ways in which you can provide assistance to the offender in the community if parole is granted (i.e. residence, job, transportation).
2. Discuss changes you have observed in the offender.
3. Note any of the offender’s potential risk areas or concerns.

The Public Comment Form is provided in portable document format (.pdf) to allow you the option to download, print, fax, mail or e-mail your comments to the Prisoner Review Board.

Public Comment Form – Opposed -revised 9-30-2014

PUBLIC COMMENT FORM -SUPPORT- 9-30-14

The Online Public Comment Form may be used to electronically send your comments to the Prisoner Review Board.

Online Comment Form

August 2024 Schedule of Public Comment Sessions

The August 2024 public comment sessions will be conducted using a Zoom Webinar platform. Please note that there will only be one session offered in August, which will be held on August 7, 2024. Those interested in attending or submitting correspondence to the Board may do so by registering and joining the scheduled Zoom webinar and/or by mailing written comments to the PRB address included in the information below. Please utilize the Public Comment Forms in support or opposition in regard to offenders included on the September docket. Please mail to the address provided below by no later than Friday, August 30, 2024. E-mail correspondence may be directed to KDOC_PRB_Public_Comment@ks.gov
The Prisoner Review Board hereby announces the schedule of public comment sessions to be held in August 2024 via Zoom Webinar. These specific comment sessions are held so that comments can be received from any interested citizens concerning inmates who are entitled by law to a parole hearing during the month of September 2024. The attached list shows the county of convictions, which is not necessarily the inmate’s home, nor the county to which the inmate would return if granted parole. If parole is granted, the earliest the inmate could be released from incarceration would be October 2024.

**Please note that registration for the August 7th session will close at 12:00 p.m. (CST) on Tuesday, August 6th. Those interested in attending, must be registered prior to this time, as requests for late registration will not be permitted.

August 7, 2024
CLOSED
Zoom Webinar

The Prisoner Review Board is interested in knowing the view of citizens concerning the possible parole of these inmates. Any citizen who would like to express comments on these inmates,but is unable to attend one of the Public Comment Sessions, may send a letter to: KANSAS DEPARTMENT OF CORRECTIONS, PRISONER REVIEW BOARD; 714 SW JACKSON, SUITE 300; TOPEKA, KS 66603.

Inmates are required by law to receive a hearing when they become parole eligible. Parole eligibility is not necessarily the same as parole suitability. In determining parole suitability, the Parole Board considers the following ten areas: 1) crime; 2) prior criminal history; 3) program participation; 4) disciplinary record; 5) reports of physical/mental examinations; 6) comments received from the victim, the public and criminal justice officials; 7) prison capacity; 8) input from staff where offender is housed; 9) proportionality to sentence guidelines; and 10) risk factors revealed by any risk assessment

August 2024 Public Comment Offender List

The following list of offenders are scheduled for parole hearings with the Prisoner Review Board during the month of September 2024. These offenders may become eligible for parole in October 2024.

October PE Offenders
(Hearings will occur in September 2024)

Commitment Name KDOC# County of Offense Case # Kansas Offense Code Attempted
Conspiracy
Solicitation
ECF
ANDERSON,MICHAEL,RAY 0114645
Ellis 15CR163 Poss of opiates,opium, narc drugs or desig stim
Ellis 15CR163 Criminal Threat
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
Ellis 15CR558 Sexual Exploitation Child; Poss Visual child LT18
WILLIAMS,CORY,C 0095624
Sedgwick 09CR624 Aggravated Indecent Liberties/Child <14;Fondling
EDCF-C
ANHORN,RUSSELL,A 0107617
Shawnee 14CR2346 Aggravated Sex Battery;Intentional Touching GE16 A
DOUGLAS,TIAM,JOSTHON 0118370
Sedgwick 15CR1021 Criminal Possess weapon felon/5 years non firearm
Sedgwick 15CR1476 Comm Sex Exp Child vic GE14LT18 and off GT18
Sedgwick 15CR1476 Comm Sex Exp Child vic GE14LT18 and off GT18
HUCKEY,RANDY,L 0067168
Sedgwick 11CR118 Aggravated Sexual Battery;Intentionl Touching GE16 A
Sedgwick 11CR118 Burglary; Building Used as a Dwelling
Sedgwick 15CR3543 Violtn of the KS Offndr Registration Act 1st cnv
EDCF-S
RIDER,GLENDAL 0019807
Sedgwick 78CR1513 Murder, 1st degree
Sedgwick 78CR286 Murder, 1st degree
Sedgwick 78CR286 Aggravated Robbery
Sedgwick 78CR286 Burglary
Sedgwick 78CR286 Theft ($100 or More)
Sedgwick 78CR286 Unlaw Possession of Firearms
Sedgwick 79CR74 Murder, 1st degree
Sedgwick 79CR74 Aggravated Robbery
Sedgwick 79CR74 Unlaw Possession of Firearms
HCF-C
DAY,ANTHONY,MICHAEL 0098820
Shawnee 09CR2134 Indecent Solicitation of a Child
Shawnee 10CR1210 Lewd and Lascivious Behavior; Exposure <16
Sedgwick 19CR3414 Violtn of the KS Offndr Registration Act 1st cnv
GLISSON,JACK,E 0103183
Rooks 11CR66 Indecent Solicitation of a Child
HAYES,MICHAEL,S 0058516
Atchison 93CR269 Murder in the First Degree
Atchison 93CR269 Aggravated Robbery
Atchison 93CR269 Robbery C
HERRON,ARTHUR 0084379
Wyandotte 04CR1844 Murder in the First Degree
Wyandotte 04CR1844 Crimianl Discharge of firearm, occ dwell w/ harm C
HOBBS,DAVID,LOUIS,II 0107821
Nemaha 12CR161 Indecent Solicitation of a Child
Nemaha 13CR69 Agg. Indecent Liberties,chld<14; off>=18,lewd f/t
KELLY,TERRANCE,J 0061483
Johnson 94CR4100 Murder in the First Degree
Johnson 94CR4100 Aggravated Robbery
Reno 96CR655 Battery Against A Correctional Officer
MORRIS,ALEXANDER,G 0099084
Sedgwick 07CR3660 Rape; Sex Intercourse w/Out Consent A
Sedgwick 19CR1018 Violtn KS Offndr Registration Act 3rd or more A
STOFFERAN,ALLEN 0058361
Ford 92CR552 Murder, 1st degree
TAYLOR,ALLIN,DALE,JR 0125511
Jackson 20CR63 Indecent Solicitation of a Child
LCF-C
CURRIE,DARREN 0101725
Johnson 09CR2922 Rape; Sex Intercourse w/Out Consent A
Johnson 09CR2922 Aggravated Burglary
Johnson 09CR2922 Rape; Sex Intercourse w/Out Consent A
Geary 09CR541 Burglary; Motor Vehicle,Aircraft, other means
HOOD,KENNETH,W 0037768
Sedgwick 82CR584 Theft ($100 or More)
Sedgwick 83CR580 Burglary
Sedgwick 86CR99 Aggravated Burglary
Sedgwick 86CR99 Aggravated Robbery
Sedgwick 86CR99 Aggravated Kidnapping
Sedgwick 86CR99 Rape
MESIAS,CARL,EUGENE 6006159
Wyandotte 12CR808 Indecent Liberties w/Child GE 14 < 16 Lewd Fondlin
NICHOLSON,DAVID,EUGENE 0041756
Saline 83CR305 Aggravated Robbery A
Leavenworth 89CR250 Aggravated Battery Against Law Enforcement Officer
Leavenworth 90CR045 Aggravated Battery Against Law Enforcement Officer
PINK,MALCOLM,T 0045030
Sedgwick 98CR881 Murder in the First Degree
Sedgwick 98CR881 Murder in the First Degree
Sedgwick 98CR881 Murder in the First Degree
RHYMES,GETER,WATSON 0129370
Johnson 21CR1006 Murder, in the second degree (intentional)
SMITH,OLIVER,K 0048115
Reno 22CR238 Agg Battery-Int, Grt Bodly Hrm A
Geary 88CR106 Rape
Geary 88CR106 Murder, 1st degree
SMITH,ROGER,O 0050867
Butler 18CR249 Voluntary Manslaughter
Harvey 87CR3423 Terroristic Threat
McPherson 88CR2607 Driving While a Habitual Violator
Harvey 91CR5078 Forgery
Harvey 92CR5306 Aggravated Robbery
VINCENT,SEAN 0110126
Geary 13CR573 Sexual Exploitation Child; Poss Visual child <18
Geary 14CR590 Sexual Exploitation Child; Poss Visual child <18
WATKINS,SHAWN,ROBERT 0095664
Shawnee 08CR1270 Aggravated Criminal Sodomy; no consent; forced A
Shawnee 08CR1367 Aggravated Assault on a Law Enforcement Officer
LCMHF
BATISTA,RAUL 0046123
Wyandotte 87CR2088 Aggravated Assault
Rooks 89CR32 Aggravated Escape From Custody
Rooks 89CR32 Burglary
Rooks 89CR32 Aggravated Battery
Rooks 89CR32 Aggravated Assault
Rooks 89CR32 Rape
MCWILLIAMS,ZOALTON,L,JR 0111017
Sedgwick 14CR1148 Rape; Sex Intercourse w/Out Consent A
Sedgwick 14CR1148 Kidnapping
STOLLEY,NICHOLAS,RICHARD 0124318
Shawnee 19CR1664 Aggravated Indecent Liberties/Child LT14;Fondling
UNION,NORMAN,L 0033725
Wyandotte 90CR1936 Rape
WCF
BROWN,KEITH 0053778
Geary 91CR546 Aggravated Burglary
Geary 91CR546 Aggravated Robbery
Geary 91CR546 Rape
CROCKER,DANIEL,L 0067366
Johnson 98CR2517 Murder, 2nd degree
Johnson 98CR2517 Rape A
DRACH,ROGER 0066530
Finney 96CR421 Murder in the First Degree

February 2024 Schedule of Public Comment Sessions

The February 2024 public comment sessions will be conducted using a Zoom Webinar platform. Sessions will be offered on February 6th and February 20th, 2024. Those interested in attending or submitting correspondence to the Board may do so by registering and joining the scheduled Zoom webinar and/or by mailing written comments to the PRB address included in the information below. Please utilize the Public Comment Forms in support or opposition in regard to offenders included on the March docket. Please mail to the address provided below by no later than Friday, March 29th, 2024. E-mail correspondence may be directed to KDOC_PRB_Public_Comment@ks.gov

The Prisoner Review Board hereby announces the schedule of public comment sessions to be held in

February via Zoom Webinar.  These specific comment sessions are held so that comments can be received from any interested citizens concerning inmates who are entitled by law to a parole hearing during the month of March 2024.  The attached list shows the county of convictions, which is not necessarily the inmate’s home, nor the county to which the inmate would return if granted parole. If parole is granted, the earliest the inmate could be released from incarceration would be April 2024.

**Please note that registration for the February 6th session will close at 12:00 p.m. (CST) on Monday, February 5th.  Those interested in attending, must be registered prior to this time, as requests for late registration will not be permitted.  

February 6,2024 February 20,2024
9-11:00 a.m 9-11:00 a.m
Zoom Webinar Zoom Webinar

The Prisoner Review Board is interested in knowing the view of citizens concerning the possible parole of these inmates. Any citizen who would like to express comments on these inmates, but is unable to attend one of the Public Comment Sessions, may send a letter to: KANSAS DEPARTMENT OF CORRECTIONS, PRISONER REVIEW BOARD; 714 SW JACKSON, SUITE 300;  TOPEKA, KS 66603.

Inmates are required by law to receive a hearing when they become parole eligible. Parole eligibility is not necessarily the same as parole suitability. In determining parole suitability, the Parole Board considers the following ten areas: 1) crime; 2) prior criminal history; 3) program participation; 4) disciplinary record; 5) reports of physical/mental examinations; 6) comments received from the victim, the public and criminal justice officials; 7) prison capacity; 8) input from staff where offender is housed; 9) proportionality to sentence guidelines; and 10) risk factors revealed by any risk assessment
.

February 2024 Public Comment Offender List

The following list of offenders are scheduled for parole hearings with the Prisoner Review Board during the month of March 2024. These offenders may become eligible for parole in April 2024.

April PE Offenders

(Hearings will occur in March 2024)   

Expense
Fiscal Year Received by the PRB Recommended Favorably by the PRB
2015 3 0

January 2024 Schedule of Public Comment Sessions

The January 2024 Public Comment Sessions will be conducted using a Zoom Webinar platform. Sessions will be offered on January 11th and 24th, 2024. Please be advised that the Prisoner Review Board will be accepting comments for offenders with hearings scheduled in February 2024. Those interested in attending or submitting correspondence to the Board may do so by registering and joining the scheduled Zoom Webinar and/or by mailing written comments to the PRB address included in the information below. Please utilize the Public Comment Forms in support or opposition in regard to offenders included on the offenders list for the upcoming January public comment session. Please mail correspondence to the address provided below by no later than Friday, January 26th for those included on the March PE list below. E-mail correspondence may be directed to KDOC_PRB_Public_Comment@ks.gov

The Prisoner Review Board hereby announces the schedule of public comment sessions to be held in January 2024 via Zoom Webinar.   These specific comment sessions are held so that comments can be received from any interested citizens concerning residents who are entitled by law to a parole hearing during the month of February 2024.  The attached list shows the county of convictions, which is not necessarily the resident’s home, nor the county to which the resident would return if granted parole. If parole is granted, the earliest the resident could be released from incarceration would be in March 2024.  Meetings will be conducted on the dates as indicated below:  

IMPORTANT:  Please follow the prompts within the registration page for confirmation and additional details.  Those wishing to attend the session are asked to join promptly at 9:00 a.m.  The session will end after the last participant/s that have joined at the designated start time have spoken to the Board.   

**Please note that registration for the January 11th session will close at 12:00 p.m. (CST) on Wednesday, January 10th.  Those interested in attending, must be registered prior to this time, as requests for late registration will not be permitted.   

January 11, 2024 January 24, 2024
9-11 a.m. 9-11 a.m.
Zoom webinar Zoom webinar

The Prisoner Review Board is interested in knowing the view of citizens concerning the possible parole of these residents. Any citizen who would like to express comments on these residents, but is unable to attend one of the Public Comment Sessions, may send a letter to: KANSAS DEPARTMENT OF CORRECTIONS, PRISONER REVIEW BOARD;  714 SW JACKSON STREET, SUITE 300;  TOPEKA, KS 66603.

Residents are required by law to receive a hearing when they become parole eligible. Parole eligibility is not necessarily the same as parole suitability. In determining parole suitability, the Parole Board considers the following ten areas: 1) crime; 2) prior criminal history; 3) program participation; 4) disciplinary record; 5) reports of physical/mental examinations; 6) comments received from the victim, the public and criminal justice officials; 7) prison capacity; 8) input from staff where offender is housed; 9) proportionality to sentence guidelines; and 10) risk factors revealed by any risk assessment.

January 2024 Public Comment Offender List

The following list of offenders are scheduled for parole hearings with the Prisoner Review Board during the month of February 2024. These offenders may become eligible for parole in March 2024.

March 2024 PE Offenders

(Hearings will occur in February 2024)

Overview and Instructions for Written Comments

The Prisoner Review Board conducts monthly Public Comment Sessions in the cities of Derby, Topeka and Kansas City.  These sessions provide an opportunity to allow victims, family, public officials, community members, and other interested persons to express their support, opposition, concern, or comments regarding the potential parole of offenders who are scheduled for parole hearings the following month.

In addition to the Board members, a representative from the KDOC Office of Victim Services will be in attendance at each session to provide instructions and assistance.

Notice of the Public Comment Sessions and a list of parole eligible offenders are posted at: Public Comment Sessions.  Public officials including District Attorneys, Victim/Witness Coordinators and other related correctional agencies across the State also receive notice of Public Comment Sessions.  Victims registered through the Department of Corrections Office of Victim Services will receive direct and confidential notification of these sessions (K.S.A. 74-7335).

Instructions for completing a written comment form

Please use the offender’s name, number and facility if known.  On the relationship line, please note your association to the offender.  Use the comment lines to provide the Board information not already included in the offender’s file.  The Board will have information available on institutional adjustment and programs, therefore you will not need to cover these areas unless you have additional information.

 

Commenting in opposition of parole:

  • Please discuss the present physical, psychological, emotional and/or financial impact of the offenders actions against you, your family member and/or your friend.
  • State any special conditions you would like the Board to consider in the event that the offender is granted parole.

Commenting in support of parole:

  • Please list specific ways in which you can provide assistance to the offender in the community if parole is granted (i.e. residence, job, transportation).
  • Discuss changes you have observed in the offender.
  • Note any of the offender's potential risk areas or concerns.

The Public Comment Form is provided in portable document format (.pdf) to allow you the option to download, print, fax, mail or e-mail your comments to the Prisoner Review Board.

Public Comments Form – Support Release

Public Comments Form – Oppose Release

The Online Public Comment Form may be used to electronically send your comments to the Prisoner Review Board.

Online Comment Form

Clemency

by David Thompson — last modified Aug 13, 2024 (12:24 PM)

Instructions and application materials

Executive Clemency is an extraordinary method of relief and is not regarded as a substitute for parole.  An offender who believes that he/she has a deserving case for executive clemency may submit an application to the Prisoner Review Board, following the outlined procedure and policy.  Following a thorough case review and possibly an interview, the Prisoner Review Board will submit a recommendation to the Pardon Attorney in the Governor’s office for the Governor’s final action.

  • If an attorney is retained for clemency purposes, the attorney must submit the Attorney Affidavit called for in K.S.A. 22-3706.
  • When complete, send all documents to the Prisoner Review Board at:

Kansas Department of Corrections
ATTN: Prisoner Review Board
714 SW Jackson, Suite 300
Topeka, Kansas 66603 

  • The Prisoner Review Board will examine all pertinent records, reports and other available information. Should a personal interview with the applicant be required, the Board will notify the applicant. Upon full review, the Board will submit a report along with all information received to the Governor. The applicant will be notified when the Governor renders a decision via letter.
CLEMENCY APPLICATIONS
Fiscal Year Received by the PRB Recommended Favorably by the PRB
2015 3 0
2016 30 0
2017 16 5
2018 35 3

Midwest Innocence Project

Who They Are – (Per the MIP home page-see attached link below) “We represent individuals convicted of crimes they did not commit, work to bring them home, support them upon re-entry, and change the system to prevent wrongful convictions in the first place. We are an independent innocence organization that is a part of the national Innocence Network. Our partnerships with law firms, law schools, and volunteers allow us to provide the very best representation at no cost to innocent people within our region.” *MIP Only Accepts Cases in which the Applicant: – Is claiming actual innocence, in other words, that he/she did not participate in the crime – Was convicted in Missouri, Kansas, Iowa, Nebraska or Arkansas – Is currently incarcerated and has more than 10 years left to serve on his/her sentence – Has exhausted their appeals and is not currently represented by an attorney **Please note that the Kansas Prisoner Review Board is not affiliated with the Midwest Innocence Project. This information is being provided as an additional resource to assist in the clemency process when applicable.

Link to the Midwest Innocence Project  https://themip.org/

PRB Members

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Kansas Prisoner Review Board Members

PRB Chair

Jonathan Ogletree

Jonathan Ogletree has served in the criminal justice system for more than 22 years.

He began with the KDOC in 1989 at Lansing Correctional Facility as a corrections officer. During his corrections career, Ogletree also has served as a correctional counselor, unit team manager and director of the Shawnee County Re-Entry Program.

Through the National Institute of Correction (NIC), Ogletree has completed two Leadership training programs and the Advanced Practicum for the “Thinking for a Change Program”. He also serves as a trainer for both the KDOC and the NIC. He is currently a member of the Kansas Council for Interstate Adult Offender Committee (IAOC) and the Professional Development Committee for the Association of Paroling Authorities International. Ogletree earned his bachelor’s degree in organizational management and leadership from Friends University and his master’s degree in management from Webster University.

 

PRB Member

Jeannie Wark

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Jeannie Wark has served in the criminal justice system for 24 years. She began her career with the KDOC in 1991 at Ellsworth Correctional Facility as a corrections counselor I.

In 1993, she transferred to the KDOC’s community and field services division to work as a parole officer in the Kansas City and Lawrence parole offices.

Wark was promoted to parole supervisor in the Topeka Parole Office in 2005. In 2012, she was promoted to parole services specialist in the KDOC’s Central Office. Wark also is a member of the Association of Paroling Authorities International. She earned her bachelor’s degree in sociology and gerontology from Kansas State University.

 

PRB Member

Mark Keating

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Mark Keating has been employed by the Kansas Department of Corrections (KDOC) since 1999 and has more than 24 years of experience in corrections and criminal justice.

Keating began his career in corrections in 1992 as a Dallas parole officer specializing in sex offenders and the revocation process for the Texas Department of Criminal Justice. In 1997, he was promoted to hearing officer for the Texas Board of Pardons and Parole to conduct administrative release preliminary and revocation hearings.

Keating returned to Kansas in 1999 as a KDOC parole officer in the Kansas City Parole Office. Keating worked at all levels of parole before accepting the position of director of sex offender management in the KDOC’s central office in 2005. He returned to parole services in 2008 to accept the then newly created position of Parole R3 Manager for the KDOC’s Northern Parole Region. The position was later renamed deputy director. He was promoted to his most recent position as parole director of the Northern Parole Region in September of 2013, overseeing 10 parole offices that are responsible for the supervision of more than 2,500 released offenders in the northern half of Kansas.

Keating grew up in the Overland Park area, graduating from Shawnee Mission South High School. He earned his bachelor’s degree in sociology from Baylor University and his master’s degree in criminology from Indiana State University.

Contact us

by David Thompson — last modified Aug 13, 2024 (12:24 PM)

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The Prisoner Review Board is located at:

Kansas Department of Corrections
ATTN: Prisoner Review Board
714 SW Jackson, Suite 300
Topeka, KS 66603

Phone: (785) 746-7516
E-mail: KDOC_PRB_Public_Comment@ks.gov

To report incidents of sexual abuse or sexual harassment: Phone : 888-317-8204 or EMAIL