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


February 16, 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 2354 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2354 is
respectfully submitted to your committee.
HB 2354 would require a district court to order a county attorney or the Kansas Department
for Aging and Disability Services (KDADS) to file a care and treatment case for involuntary
commitment for any defendant that is waiting for competency determination for a period equal to
or longer than the maximum possible criminal sentence less 21 days.
The Office of Judicial Administration indicates that HB 2354 could have a fiscal effect on
expenditures of the Judicial Branch. The bill could result in additional care and treatment cases
and dismissal of the criminal case. In addition, the court services officers may have to track
potential maximum sentences and when the defendant would meet the 21 days. Nevertheless, until
the courts have had an opportunity to operate under the provisions of HB 2354, an accurate
estimate of the fiscal effect on expenditures by the Judicial Branch cannot be given.
KDADS indicates that HB 2354 would have a fiscal effect on expenditures but is unsure if
it would increase or decrease expenditures. The agency is not able to calculate a fiscal effect
without reviewing the legal status of each defendant on the waiting list to determine if they would
move faster to discharge or be moved to a care and treatment case. It is likely that the bill would
shift some patients from the State Security Program to the Psychiatric Services Program at Larned
State Hospital or Osawatomie State Hospital depending on the outcome of the care and treatment
case and the county of residence for the patient.
The Honorable Stephen Owens, Chairperson
Page 2—HB 2354

The Kansas Department of Corrections indicates that HB 2354 would have no fiscal effect
on agency operations. Any fiscal effect associated with HB 2354 is not reflected in The FY 2024
Governor’s Budget Report.
The Kansas Association for Counties indicates that HB 2354 would have a fiscal effect on
county expenditures. With delays getting into state hospitals for mental health patients, holding
individuals at the county level is a county expense that is not reimbursed by the state. There would
also be a cost to have the involuntary commitment proceeding, and to ultimately transport the
individual to the state hospital.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Leigh Keck, Department for Aging & Disability Services
Randy Bowman, Department of Corrections
Vicki Jacobsen, Judiciary
Jay Hall, Kansas Association of Counties


Statutes affected:
As introduced: 22-3302