SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2601
As Recommended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2601 would amend law related to the crime of driving
under the influence (DUI) by requiring certain persons with a
felony DUI conviction to participate in a multidisciplinary
model of substance use disorder treatment.
Under continuing law, conviction of a DUI is a severity
level 6 nonperson felony if:
● Upon a third conviction, the person had a prior
conviction within the preceding ten years, not
including periods of incarceration; or
● Upon a fourth or subsequent conviction of DUI.
Probation Conditions
Risk and Needs Assessment
The bill would require, if a person convicted of a felony
DUI has been granted probation, a risk assessment tool
specified by the Kansas Sentencing Commission to be used
to determine the person’s risk and needs. The court would,
then, be required to determine supervision of the person by
either community correctional services or court services,
based upon the determined risk and needs of the person.

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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Multidisciplinary Model of Services
The bill would require the person under probation
supervision to participate in a multidisciplinary model of
services for substance abuse disorders facilitated by a care
coordination agency designated by the Kansas Department
for Aging and Disability Services (KDADS).
The bill would require the model of services to include
assessment and, if appropriate, referral to community-based
substance use disorder treatment, including recovery
management and mental health counseling as needed. The
bill would require members of the multidisciplinary team to
include:
● The designated care coordination agency;
● The supervision officer;
● The KDADS designated treatment provider; and
● The person.
Technical and Conforming Amendments
The bill would make technical amendments throughout
the bill to ensure consistency in statutory phrasing and
conforming amendments to implement the provisions of the
bill.

Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Kansas Association of Addiction
Professionals.


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House Committee on Corrections and Juvenile Justice
In the House Committee hearing, proponent testimony
was provided by representatives of the Behavioral Health
Association of Kansas, the Kansas Association of Addiction
Professionals, and the Kansas Association of Court Services
Officers. The proponents indicated multidisciplinary services
have been provided by local organizations and that such
services include treatment, counseling, peer services, and
case updates. The proponents expressed their desire to
implement these services statewide.
Written-only proponent testimony was provided by
representatives of the DUI Victims Center of Kansas,
Heartland Regional Alcohol & Drug Assessment Center,
KDADS, and the Substance Abuse Center of Kansas and by
a representative of the Kansas Association of Chiefs of
Police, Kansas Peace Officers Association, and the Kansas
Sheriffs Association.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Kansas Department of Corrections
(KDOC) indicates the bill would have a fiscal effect on its
operations that cannot be estimated. The agency stated it has
entered into a memorandum of agreement with KDADS to
provide reimbursement for appropriately documented
services provided to third-time misdemeanor DUI offenders.
However, KDOC offenders would not be covered by
provisions of the bill and payment for such services likely
would be provided by another agency.
KDADS indicates the bill may increase agency
expenditures depending on the number of offenders requiring
services, but a fiscal effect could not be estimated. The

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Judicial Branch indicated enactment of the bill would not have
a fiscal effect on its operations.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2025 Governor’s Budget Report.
The Kansas Association of Counties indicates
enactment of the bill could increase county government
expenditures on community corrections services, but a fiscal
effect could not be estimated.
Driving under the influence; substance use; multidisciplinary model; risk assessment


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Statutes affected:
As introduced: 8-1567, 75-52