More on Jessica's Law: Lifetime Parole

The Kansas Supreme Court held that a defendant sentenced under Jessica's law is subject to lifetime parole rather than lifetime post-release supervision in State v. Baptist.  Case No. 105,146 (Kan. July 13, 2012).  After pleading no contest to an off-grid crime of rape, a Kansas district court "imposed a hard 25 life sentence under Jessica's Law, K.S.A. 21-4643(a)(1)(B), meaning Baptist would only be eligible for parole after serving 25 years in prison, and also imposed postrelease supervision." 

On appeal, Baptist argued that the district court should have imposed lifetime parole rather than lifetime postrelease supervision.  The supreme court found in Baptist's favor and held that the district court erred in imposing lifetime postrelease supervision.  Applying a recently decided decision, State v. Summers, 293 Kan. 819, 832 (2012), the court reasoned that "a sentencing court has no authority to order a term of [lifetime] postrelease supervision in conjunction with an off-grid intermediate life sentence" because such an inmate can only leave prison if the Kansas Prisoner Review Board grants parole. 

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