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 27, 2019
REVISED

The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Revised Fiscal Note for SB 88 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following revised fiscal note concerning SB 88 is
respectfully submitted to your committee.
SB 88 would change the criminal penalty for violation of a protective order upon a second
or subsequent conviction to a severity level seven, person felony. Under current law, a violation
is a class A person misdemeanor.
The bill would change the criminal penalty for a violation of an extended protective order
upon a second or subsequent conviction to a severity level four, person felony. Under current law,
a violation is a severity level six, person felony.
The Office of Judicial Administration indicates that enactment of SB 88 would change the
severity levels for second and subsequent convictions of violations of a protective order, which
could result in more offenders being sentenced to prison. This could result in fewer offenders
being supervised by court service officers.
Further the Office states, enactment of SB 88 could result in decreased revenues to the
Correctional Supervision Fund and the State General Fund. Currently, the assessed
probation/correctional fee is $60 for misdemeanors and $120 for felonies. The fees are split with
41.67 percent to the State General Fund and 58.33 percent to the Correctional Supervision Fund.
Enactment of the bill could result in decreased revenues because fewer offenders would be paying
the supervision fee because of the change in severity levels for these crimes.
The Honorable Rick Wilborn, Chairperson
Page 2—REVISED SB 88

Since the original fiscal note was issued, the Kansas Sentencing Commission has provided
additional information and estimates enactment of SB 88 would increase prison admissions by two
each fiscal year through FY 2029. The Commission further estimates that enactment of SB 88
would result in two additional adult prison beds by FY 2020 and 11 by FY 2029. The Kansas
Department of Corrections estimates it would require additional expenditures of $3,624 from the
State General Fund in FY 2020 for an additional two adult prison beds. Any fiscal effect associated
with SB 88 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Janie Harris, Judiciary
Scott Schultz, Sentencing Commission
Linda Kelly, Corrections


Statutes affected:
As introduced: 21-5924