Bill seeks to limit judges' discretion

http://www.cjonline.com/stories/031908/sta_259273126.shtml


By James Carlson
The Capital-Journal
Published Wednesday, March 19, 2008
The outcome of several Shawnee County cases that involved controversial sentences for sex offenders wouldn't have changed if a bill heard Tuesday in the Statehouse were in effect, said one of the bill's opponents.

The measure, sponsored by Rep. Joe Patton, R-Topeka, would restrict judges' power to depart downward from the state sentencing guidelines and is in response to rulings last year when a number of convicted sex offenders were granted probation against the recommendation of those guidelines.

But Jennifer Roth, a representative of the Kansas Association of Criminal Defense Lawyers, told legislators many of the instances that elicited the outcry in Topeka wouldn't have ended any differently under the bill before the Senate Judiciary Committee.

"There has been no demonstrated need for the changes proposed in House Bill 2732," Roth said.

But supporters of the bill say the issue is about public safety.

"The bill ensures the worst criminals and those committing the worst crimes will not be granted a downward departure for reasons the court creates," said Ed Klumpp, lobbyist for the Kansas Association of Police Chiefs.

The case of Orlando Paul Cisneros drew the public's wrath after he was convicted of 17 counts of raping and sodomizing a 14-year-old girl but granted probation though guidelines recommended nearly 13 years in prison.

Shawnee County District Court Judge Matthew Dowd took into account a statement from the girl about her consent in the case. He also cited Cisneros' depression during the crime and his current ongoing employment.

Similar cases emerged soon afterward.

Nicholas Lee Crites, 28, was found guilty of having sex with a 15-year-old girl. Federico Mendoza, 34, was convicted of soliciting sex from what he thought was a 13- or 14-year-old girl found in an Internet chat room.

In all three cases, sentencing recommendations called for prison time. But it appears only Cisneros' case would have met the criteria set out by this bill.

For those convicted of a sexually violent crime, the bill says judges couldn't grant probation and could only depart 50 percent from the recommended sentence.

"You could have had Cisneros turn out differently, but then how many people have you foreclosed from even being able to ask for a departure?" Roth asked.

James Carlson can be reached at (785) 233-7470 or james.carlson@cjonline.com.

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Reader Comments
Posted by: TopekaIsBoring at Mar 19, 2008 at 12:20:27 PM
What's the point of having judges if their hands are tied? I wish that pandering like this from politicians wasn't so successful, but apparently Topeka has a large percentage of very dumb people.

+ 1 Rating Posted by: butthead at Mar 19, 2008 at 01:23:28 PM
They are not dumb, they are Topekans.

+ 1 Rating Posted by: T-TownTracker at Mar 19, 2008 at 02:20:25 PM
This is not a Topeka issue, but thanks for illustrating your point so well.

This is a feel-better bill. That's all. If we keep going with this "zero-tolerance" mentality we are going to end up like Dubai, where a guy just landed a four-year prison sentence for a spec of pot stuck to the bottom of his shoe. Too many people out there like my ex. We see bad news every day and the fearful people want to know that the legislature is doing something about it. Fear and ignorance prevail.

Posted by: whistlestop75 at Mar 19, 2008 at 07:02:57 PM
T-Town Tracker...You should feel better because the House of Representatives voted yes last week on H.B. 2873 that takes bonding authority away for prison expansion. They don't believe in 'zero-tolerance' mentality. They have a national report that says community corrections and probation is working. On the other hand...they are not telling you why county jails are expanding or building new across the state. They are not looking at the sentencing reforms that they passed in the '90's that tie judges hands. They are not looking at the inmate population in county jails that the local taxpayers are paying for...medical, dental,prescriptions,clothing, 3 meals a day due to sentencing reform. No...they feel good...inmate population is down at the state level. They are doing a good job. If you detect sarcasm...you are right. Ask your county commissioner just what they did to your local taxes. Ask your sheriff if more correctional officers have had to be hired to take care of the population. Ask how many are placed in other county jails because of bed space. You will be surprised. Now...don't you feel better?

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