Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


March 10, 2021


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
Statehouse, Room 441B-E
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 231 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 231 is
respectfully submitted to your committee.
SB 231 would make changes to the sentencing guidelines relating to hate crimes. The bill
specifies that if the trier of fact makes a finding beyond a reasonable doubt that an offender
committed a nondrug felony offense or any attempt or conspiracy to commit a nondrug felony
offense that was motivated entirely or in part by the race, color, religion, ethnicity, national origin,
gender identity, or sexual orientation of the victim or was motivated by the offender’s belief or
perception, entirely or in part, of the race, color, religion, ethnicity, national origin, gender identity,
or sexual orientation of the victim, regardless of whether the offender’s belief or perception was
correct, the offense would be classified in severity levels two through ten, the sentence for the
offense would be one severity level above the appropriate level for the offense. The sentence
imposed would not be considered a departure and would not be subject to appeal.
The Office of Judicial Administration states enactment of SB 231 would increase the
severity level of penalties related to hate crimes, which could result in fewer offenders being
supervised by court service officers. According to the Office, a fiscal effect cannot be estimated
until the Judicial Branch has had an opportunity to operate under the bill’s provisions. The Office
further states enactment of the bill could decrease revenues to the Correctional Supervision Fund
and the State General Fund. Currently, the assessed probation/correctional supervision 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 SB 231 could result
in decreased revenues because fewer offenders would be paying the supervision fee because of the
change in severity levels.
The Honorable Kellie Warren, Chairperson
Page 2—SB 231

The Kansas Sentencing Commission states enactment of the bill would have an effect on
prison admissions and beds; however, the Commission cannot estimate what that effect would be.
The Department of Corrections states the bill’s enactment would not have a fiscal effect on
Department operations. Any fiscal effect associated with SB 231 is not reflected in The FY 2022
Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Debbie Thomas, Judiciary
Scott Schultz, Sentencing Commission
Randy Bowman, Corrections
Ruth Glover, Human Rights Commission


Statutes affected:
As introduced: 21-6804, 21-6815