State v. Savage (Kansas 2019)

No. 119,569 (Kan. Ct. App. 2019)
April 2019

Once a probation violation is proved, a court has discretion to impose the underlying sentence or modify the terms and conditions. Probation for a defendant convicted of criminal nonpayment of child support can be extended for as long as the child support restitution amount has not been fully paid. In 2000, the defendant pled guilty to criminal nonpayment of child support. His sentence was stayed, provided that he pay child support. Eventually, the stay was revoked, and he was placed on probation. The probation terms included paying current support and arrears. Over the years, the father would stop making payments, and the state would file to revoke his probation. At the most recent hearing in 2017, the defendant argued his probation should be dismissed based on the payments he had made and the fact his son was now over 18. The court disagreed and extended it another 24 months. The defendant appealed. The court of appeals upheld the extension. It found that the district court has discretion to release or modify probation terms once a violation has been proved. The father didn’t contest the violation, only the extension. The court of appealed found the extension reasonable in light of the facts of this case.