A
former Augusta police officer convicted of a child sex crime will be subject to
lifetime post-release supervision, a Butler County judge ruled Monday.
But
the supervision is just a “potential sanction” that would be imposed only if
Jerry D. Ballinger violates his probation and is forced to serve his underlying
prison sentence of 34 months, Butler County Attorney Darrin Devinney said.
Ballinger,
45, is in the early stages of serving five years’ probation after he was
sentenced April 7 on one count of attempted aggravated indecent liberties with
child. A defense motion asking the court to find lifetime post-release
supervision unconstitutional prompted a Butler County judge to delay ruling on
the matter until Monday.
Kansas
law requires certain sex offenders to be supervised in the community for the
remainder of their lives after serving the incarceration portion of their
sentences. A person subject to lifetime post-release supervision could face
life in prison if he or she is convicted of a new crime.
Post-release
supervision, however, can not be imposed unless an offender serves prison time,
Devinney said.
“If
he is successful on his probation plan over the next five years, the
post-release will dry up and not be an issue,” Devinney said.
He
added: “The statue is pretty clear. It says if you are convicted of this type
of offense, it’s lifetime. And that’s what was imposed.”
Ballinger,
a longtime employee of the Augusta Department of Public Safety, was arrested
and charged in July with two counts of aggravated indecent liberties after he
was accused of having sexual intercourse with a middle-school-age girl at least
twice last year.
In
addition to the probation, he ordered to 59 days of house arrest and sex
offender treatment at his April 7 sentencing.