State v. Proctor - Kansas Judicial Branch

program for sex offenders. Information submitted to the district court at sentencing
indicated Proctor would likely benefit significantly from such a program.
Given his lack of criminal history, Proctor fell in a border box on the sentencing
grid for the aggravated solicitation conviction and faced incarceration for between 21 and
34 months. The border box sentences are treated as calling for presumptive incarceration.
K.S.A. 2009 Supp. 21-4704(f). But a district court may impose a nonprison sentence on a
border-box defendant upon a finding that he or she is amenable to "an appropriate
treatment program" and participation in the program would be more effective than
incarceration in "reducing the risk of . . . recidivism" consistent with "community safety
interests." K.S.A. 2009 Supp. 21-4704(f)(1)-(3). The district court made that finding
based on the availability of sex offender treatment for Proctor. The district court imposed
a standard sentence of 32 months in prison on Proctor for the aggravated solicitation
conviction, put him on a 36-month probation, and ordered that he be placed in
community corrections and participate in the treatment program. The district court
imposed other restrictions and requirements on Proctor, such as refraining from use of
alcohol or illegal drugs, obtaining gainful employment, and reporting as required to court
officers supervising his probation. The sentence is not considered a departure. K.S.A.
2009 Supp. 21-4704(f).
The lewd and lascivious convictions were presumptive probation offenses. The
district court granted Proctor probation on them. The district court imposed a standard 6-
month sentence on each of those counts and ordered that they be run consecutive to one
another and to the aggravated solicitation count, yielding a controlling prison term of 44
months. At sentencing, the district court told Proctor that he would be required to register
as a sex offender under K.S.A. 22-4901 et seq. and that he would be subject to lifetime
postrelease supervision under K.S.A. 2009 Supp. 22-3717(d)(1)(G), (d)(2)(F).
4