Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


February 12, 2019


The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 86 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 86 is
respectfully submitted to your committee.
SB 86 would allow courts to order staggered sentences for offenders with third and
subsequent driving under the influence (DUI) convictions. Under current law, such convictions
mandate 90 days imprisonment. The bill would allow the 90 days to be divided into three 30-day
segments. The first segment would be satisfied by participating in a work release program or being
on house arrest. Both the work release option and the house arrest option would require an initial
48-hour imprisonment. If an offender is placed in a work release program, the offender would
return to confinement at the end of each day and serve a minimum of 672 hours of confinement.
If placed on a house arrest program, the offender would be monitored by an electronic monitoring
device that verifies the offender’s location and would be required to serve a minimum of 672 hours
of house arrest. Offenders would also be required to participate in the multidisciplinary model of
services for substance use disorders as ordered by the court.
The bill would require the courts to set two review hearings, with the first between 90 to
120 days and a second hearing between 180 to 240 days, after the initial sentencing. At each
hearing, the court would consider the offender’s alcohol-monitoring results and multidisciplinary
team recommendations, together with any other facts deemed relevant by the court in deciding
whether to modify the sentence by ordering a stay of execution of the next segment. SB 86 would
require offenders to serve any portion of a sentence that is stayed by the court if they violate any
conditions set out by the court in the stay of execution.
SB 86 specifies that the bill’s provisions would not affect any other sanction for the
violation of probation, assignment to a community correctional services program, suspension of
sentence, or nonprison sanction.
The Honorable Rick Wilborn, Chairperson
Page 2—SB 86

According to the Office of Judicial Administration, enactment of SB 86 would have a fiscal
effect on the Judicial Branch. The bill’s provisions would require district courts to hold more
review hearings for offenders, which would increase the time spent by district court personnel
processing, hearing, and researching cases. The Office states court service officers could have
more hearings to attend and additional offenders to monitor.
The Kansas Sentencing Commission states that enactment of SB 86 would have no effect
on prison admissions or bed space. Any fiscal effect associated with SB 86 is not reflected in The
FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Janie Harris, Judiciary
Linda Kelly, Corrections
Jay Hall, Association of Counties
Scott Schultz, Sentencing Commission


Statutes affected:
As introduced: 8-1567, 75-52