The Expiration of Probation Exasperation

Author: Staff Editor Cole Abendroth

State v. Douglas, No. 128,766 (Kan. Ct. App. July 31, 2026)

Issue: For a six-month probation extension entered on July 24, 2023, does the probation extension expire on January 23, 2024?

Answer: No, the probation extension would instead expire on January 24, 2024, under Kan. Stat. Ann. § 60-206(a)(1).

Facts: In August 2021, the district court placed Douglas on probation with an underlying 37-month sentence.  On July 24, 2023, the district court extended the probabation for six months.  On January 24, 2024, the district court signed and filed another extension, extending the probation to March 11, 2024.  The State sought a warrant on March 4, 2024, for probation violations. 

Discussion:  Douglas argued that the district court did not have personal jurisdiction over Douglas to revoke his probation under the March 4, 2024, warrant because the probation extension filed on January 24, 2024, was untimely.  However, the court found that under K.S.A. 60-206(a)(1), the probation extension was timely entered.  The July 24, 2023, extension began on July 25 because the first day (July 24) is excluded. The six-month expiration date, January 24, was neither a Saturday, Sunday, or legal holiday.  Therefore, the probation period ended on January 24, 2024, the probation extension filed on that date was timely, and the district court continued to have jurisdiction over Douglas when the warrant was issued.

Key Authorities: 

Kan. Stat. Ann. § 60-206(a)(1) 

Kan. Stat. Ann. § 22-3716 

State v. Powers, 25 P.3d 147, 149 (Kan. Ct. App. 2001) 

[1] See Kan. Stat. Ann. § 22-3716(e) (State has 30 days after expiration of probation period to obtain warrant for violations, so if the probation had expired then the warrant was invalid).