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 7, 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 289 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 289 is
respectfully submitted to your committee.
Under current law, people who are sentenced to imprisonment for an off-grid offense, life
without the possibility of parole, or death are prohibited from being released due to functional
incapacitation or a terminal medical condition. SB 289 would remove this restriction and allow
people imprisoned for an off-grid offense or sentenced to life without parole or death to be eligible
for release if functionally incapacitated or terminally ill.
In addition, under current law the Secretary of Corrections, upon the approval of the
Prisoner Review Board, may release an inmate residing in a Kansas correctional facility if a doctor
licensed to practice medicine and surgery in Kansas determines that the person has a medical
condition that is likely to cause death within 30 days. If the person does not die within 30 days,
the released inmate is subject to revocation. SB 289 would increase the number of days a doctor
must deem an inmate likely to die or be subject to revocation to 180 days.
Based upon a review of medical cases of inmates currently incarcerated, the Department
of Corrections estimates that approximately ten people per year could be eligible for consideration
for terminal medical release if the period was extended to 180 days. For comparison, from FY
2016 to FY 2022 the Department received approximately one application per year under the 30-
day period and granted one application in 2016 and one in 2020, both for terminal medical release.
The Department indicates it could absorb any increases in workload within existing resources.
The Honorable Kellie Warren, Chairperson
Page 2—SB 289

Any fiscal effect associated with SB 289 is not reflected in The FY 2024 Governor’s Budget
Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Randy Bowman, Department of Corrections


Statutes affected:
As introduced: 22-3729, 22-3728