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 20, 2023


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 216 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 216 is
respectfully submitted to your committee.
SB 216 would expand the crime of criminal use of weapons to include knowingly
possessing or using any firearm during a felony violation of unlawful manufacturing of controlled
substances or unlawful cultivation or distribution of controlled substances. The penalty for
violations would be a level 7, nonperson felony. If the firearm is discharged during commission
of the offense, it would be a severity level 6, person felony. The bill would make the sentence for
violations presumptive imprisonment and would require the sentence to be served consecutively
to any other term of imprisonment imposed. The sentence would not be considered a departure
from the sentencing guidelines and would not be subject to appeal.
The Kansas Sentencing Commission estimates that enactment of SB 216 would not result
in a need for additional adult prison beds by the end of FY 2024. However, by the end of FY 2033,
nine additional beds would be needed. The current estimated available bed capacity is 9,428 for
males and 936 for females. Based upon the Commission’s most recent ten-year projection
contained in its FY 2023 Adult Inmate Prison Population Projections report, it is estimated that
the year-end population will total 7,933 male and 764 female inmates in FY 2023 and 8,043 male
and 740 female inmates in FY 2024. The Department of Corrections indicates enactment of the
bill would not have a fiscal effect on current operations.
The Office of Judicial Administration indicates enactment of the bill could increase the
number of cases filed in district courts because it creates a new crime. This could increase the
time spent by district court judicial and nonjudicial personnel in processing, researching, and
hearing cases. The bill could also result in the collection of docket fees, which would be deposited
The Honorable Kellie Warren, Chairperson
Page 2—SB 216

into the State General Fund. However, the Office states a precise fiscal effect cannot be determined
until the Judicial Branch has had an opportunity to operate under the bill’s provisions. Any fiscal
effect associated with SB 216 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Scott Schultz, Sentencing Commission
Randy Bowman, Department of Corrections
Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 21-6301, 21-6804