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
Adam Proffitt, Director Laura Kelly, Governor


February 8, 2021


The Honorable Russell Jennings, Chairperson
House Committee on Corrections and Juvenile Justice
Statehouse, Room 151B-S
Topeka, Kansas 66612
Dear Representative Jennings:
SUBJECT: Fiscal Note for HB 2084 by House Committee on Corrections and Juvenile
Justice
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2084 is
respectfully submitted to your committee.
HB 2084 would amend current law to: (1) place a cap on the amount of time probation can
be extended for an offender convicted of non-support of a child who is ordered to pay restitution
and has not done so; (2) add a provision for courts to grant early discharge to probationers if they
are found to be in substantial compliance with supervision after serving 50.0 percent of the
probation term; and (3) add a provision to allow probationers to earn early discharge by awarding
discharge credits towards sentence reduction at the rate of seven days for each full month of
supervision compliance. Both the provision to allow courts to grant early discharge at 50.0 percent
of the probation term and the provision to allow probationers to earn early discharge credits would
require the probationer to be in substantial compliance with the terms of probation to include:
1. A history of compliance with terms and conditions of supervision;
2. Payment of fines, fees, and restitution; and
3. Successful completion of any required treatment program. However, offenders subject to
the provisions of KSA 2020 Supp. 21-6824 for certified drug abuse treatment programs
would not be eligible for early discharge.
The court would grant discharge unless the court finds by clear and convincing evidence
that denial of such discharge would serve community safety interests. The Kansas Sentencing
Commission would be required to adopt procedures and forms to standardize the process for
calculating earned discharge credit. HB 2084 would take effect and be in force from and after its
publication in the statute book.
The Honorable Russell Jennings, Chairperson
Page 2—HB 2084

The Office of Judicial Administration (OJA) indicates the enactment of HB 2084 would
require additional hearings for all defendants on probation who are assigned to a community
correctional services program and have a suspended sentence or non-prison sanction. OJA
estimates the additional hearings would increase annual expenditures for the Judicial Branch by a
minimum of $295,934 and as much as $507,279 from the State General Fund, beginning in FY
2022. OJA’s estimates are based on four different scenarios using the number of cases on
supervision at the beginning of FY 2019 and FY 2020. OJA indicates the cost would depend on
the time required of judicial and nonjudicial staff and which scenario would occur. OJA indicates
the bill may also increase costs for counties statewide as prosecutors and defense attorneys may
be required to spend more time attending hearings in addition to the cost of postage to send hearing
notices. The Kansas Association of Counties indicates the costs to counties would depend upon
how the inflow and outflow of offenders would balance.
The Kansas Sentencing Commission estimates that enactment of HB 2084 would result in
a decrease of 255, 301, or 343 adult prison beds in FY 2022. By FY 2031, the Commission
estimates 273, 328, or 379 fewer adult prison beds would be needed. The current estimated
available bed capacity is 9,420 for males and 948 for females. Based upon the Commission’s most
recent ten-year projection contained in its FY 2020 Adult Inmate Prison Population Projections
report, it is estimated that the year-end population for available male capacity will be under
capacity by 1,287 inmates in FY 2021 and 1,241 inmates in FY 2022. In addition, the Commission
estimates the bill would reduce the workload of the Commission by 195 journal entries in FY 2022
and by 213 journal entries in FY 2031. The Kansas Department of Corrections indicates the
provisions of HB 2084 could increase compliance and decrease probation populations; however,
it is unable to determine how many community corrections probationers it could impact. Any
fiscal effect associated with HB 2084 is not reflected in The FY 2022 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Scott Schultz, Sentencing Commission
Randy Bowman, Corrections
Debbie Thomas, Judiciary
Jay Hall, Association of Counties


Statutes affected:
As introduced: 21-6608, 21-6824