Bill Summary – FastDemocracy

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


                                                   January 30, 2023

          The Honorable Stephen Owens, Chairperson
          House Committee on Corrections and Juvenile Justice
          300 SW 10th Avenue, Room 546-S
          Topeka, Kansas 66612
          Dear Representative Owens:
                    SUBJECT:      Fiscal Note for HB 2115 by Joint Committee on Corrections and Juvenile
                                  Justice Oversight
                  In accordance with KSA 75-3715a, the following fiscal note concerning HB 2115 is
          respectfully submitted to your committee.
                  HB 2115 would prohibit the use of restraints on a juvenile during court hearings and require
          restraints to be removed prior to a juvenile’s appearance before the court. The bill would allow
          the use of restraints in certain circumstances if a court holds a hearing and makes a finding on the
          record that restraints are the least restrictive means available and are necessary. The bill would
          require the use of any restraints to properly account for the care, protection, and positive mental
          and physical development of the juvenile. The bill would also prohibit restraining a juvenile to a
          wall, the floor, another juvenile, or furniture during a hearing under any circumstances.
                 The Office of Judicial Administration indicates that enactment of SB 321 could increase
          expenditures because it would require an additional hearing and a specific court finding, which
          would increase the time spent by district court judicial and nonjudicial personnel in processing,
          researching, and hearing cases. However, a fiscal effect cannot be estimated.
                  The Department of Corrections indicates enactment of the bill would have no fiscal effect.
          Any fiscal effect associated with HB 2115 is not reflected in The FY 2024 Governor’s Budget
          Report.

                                                               Sincerely,

                                                               Adam Proffitt
                                                               Director of the Budget
          cc: Vicki Jacobsen, Judiciary
              Randy Bowman, Department of Corrections
Statutes affected: 
As introduced: 38-2302, 38-2353