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 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 239 by Senate Committee on Judiciary
                  In accordance with KSA 75-3715a, the following fiscal note concerning SB 239 is
          respectfully submitted to your committee.
                  SB 239 would specify that in any criminal proceeding, a vulnerable witness would have
          the right to be accompanied by a support person while giving testimony in the proceeding and may
          be accompanied by a certified critical incident response therapy K9 team instead of a support
          person. A support person would not be allowed to discuss the testimony of the vulnerable witness
          with any other witnesses or attempt to prompt or influence the testimony of the witness. Prior to
          the use of a certified critical incident response therapy K9 team, the court could conduct a hearing
          to verify the credentials of the team, that the team is appropriately insured, and that a relationship
          has been established between the witness and the team in anticipation of the testimony. The bill
          outlines the knowledge and training requirements for the certified critical incident response
          therapy K9 team.
                  The Office of Judicial Administration states enactment of the bill could have a fiscal effect
          on Judicial Branch operations because the bill’s provisions could require an additional hearing if
          the witness wants to be accompanied by a certified critical incident response therapy K9 team,
          which would increase the time spent by judges and court employees researching and processing
          these cases. 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. Any fiscal effect associated with SB
          239 is not reflected in The FY 2024 Governor’s Budget Report.
                                                                Sincerely,
                                                                Adam Proffitt
                                                                Director of the Budget
          cc: Vicki Jacobsen, Judiciary