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state of Kansas violating 5th and 14th Amend.

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  • state of Kansas violating 5th and 14th Amend.

    The State of Kansas changed it's sentencing laws in 1993 and created two different classifications of inmates and parolees. Upon release after 1993, an old law inmate would be on parole which is just an extension of the indeterminate sentences given by courts until 1993. Anyone under the new sentencing law would be released on post release supervision which is for a determinate term depending on the severity level of the crime.
    The language determining the post release protocol states that when an in an inmate has completed the "prison portion" of their sentence, they are to be released on post release supervision. The protocol for old law inmates mandates an appearance before the parole board and release on parole if granted such action. However in the event an inmate reaches his conditional release date under the old law, there is a mandatory release. The language of the conditional release protocol states that when the inmate has completed the prison portion of their sentence, and had earned all applicable good time, a mandatory release is effected.
    A man I know named Terry Loop was in prison in Kansas under the old sentencing law. He was approaching his conditional release date which is half of the maximum amount of years plus the same in day for day good time. He filed a motion to modify sentence and asked the original sentencing court in Crawford County to convert his sentence to so that he could be released to post release supervision instead of old law parole. The judge agreed that the language regarding post release supervision and conditional release were similar in being that they both were enacted upon completion of the prison portion of a sentence. The Judge signed off on it. The District Attorney representing the State never objected in fact he signed off on it and never filed an appeal.
    Upon release. Mr. Loop served two years on supervision under the impression that he was on post release since they are basically the same level of supervision. Same supervision fees and everything. After 2 years Mr. Loop moved to Montana to work on an oil rig. He was arrested in Montana for a parole violation from Kansas even though he told everyone that he had been released from supervision.
    Ever since, Mr. Loop has fought with the State of Kansas over this. The Kansas Dept. of Corrections has refused to recognize the Order of the Court and "miraculously" has persuaded the Judge to rescind the Order without proper due process being afforded to Mr. Loop.
    Mr. Loop is not real smart about things and I am his advocate until I can find him representation for a Federal Suit. He has been incarcerated for multiple months on and off since the dilemma has begun. Currently his new parole officer has put him on unsupervised parole and lets him drive a truck over the road all over the US without a travel permit.
    We really need help here. The State of Kansas simply will not play fair and recognize the law unless there is an outsider present or involved. I am not suggesting all the Courts are bad, what I am saying is that regarding this case, those involved will not provide the proper Due Process Mr. Loop deserves and he needs help.
    Please contact me soon. Thank You.

  • #2
    I have a cousin in the same situation, it's still going on today.
    For others in the same spot, contact your nearest law school and see if they might have students to volunteer, thats what we did It helped somewhat!
    I pray you found some solutions.

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