Topeka ? A bill creating a sentence of life in prison without the possibility of parole as an alternative to the death penalty cleared the Senate easily Wednesday.

The chamber’s 38-2 vote sent the measure to the House, where little opposition has developed, though some members have questions.

“I’m not aware of any opposition,” said Rep. Ward Loyd, chairman of the House Corrections and Juvenile Justice Committee. He called the bill “pretty straightforward.”

Supporters think the bill will reduce the cost of capital punishment in Kansas, both by encouraging defendants to plea bargain for life without parole and encouraging juries to recommend it.

But Rep. Jan Pauls, a House corrections committee member, said she is concerned that in future years, the state will care for a larger number of elderly prisoners because it has lengthened criminal sentences.

“We already have a lot of people in prison who are so infirm that they should be in nursing homes,” said Pauls, D-Hutchinson.

Currently, juries in capital cases have the option of recommending a “Hard 50” sentence, or life without the possibility of parole for 50 years.

But a recent study of more than 900 jurors in capital punishment cases in 11 states suggested they were more likely to recommend death if they didn’t like the possibility that a capital murder defendant might be released — however slight that possibility.

In December, a legislative audit said the average cost of a death penalty case in Kansas is $1.2 million and recommended creating a sentence of life without parole.

Also, an advisory group of judges and attorneys that studied the state’s death penalty law last year concluded that a life without parole option could save the state between $400,000 and $500,000 per capital murder trial.

Both the auditors and the advisory group said costs from a capital murder case would be lower if a defendant is sentenced to life without parole because such defendants typically raise fewer issues on appeal than do defendants sentenced to death.

Also, the auditors said, of the 38 states that have capital punishment, 35 have an alternative sentence in capital cases of life without parole. The exceptions are Kansas, New Mexico and Texas.

But Sen. Phil Journey, one of the two senators to vote against the measure Wednesday, said prosecutors, not juries, should have the option of seeking life without parole.

“It has to happen before trial to save any money,” said Journey, R-Haysville.

The other “no” vote was cast by Sen. David Haley, D-Kansas City, who said a person serving life without parole has no incentive to seek rehabilitation. “I think the state should work toward rehabilitation,” he said.

Life without parole is SB 422.

On the Net: Kansas Legislature: http://www.kslegislature.org