Bill Summary – FastDemocracy

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 C. Proffitt, Director                                                                             Laura Kelly, Governor

                                                    February 6, 2024


          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 439 by Senate Committee on Judiciary
                  In accordance with KSA 75-3715a, the following fiscal note concerning SB 439 is
          respectfully submitted to your committee.
                   SB 439 would prohibit the use of restraints on juvenile defendants during legal hearings
          unless the court finds restraints to be necessary. The court would be allowed to authorize the use
          of restraints if they are needed to prevent physical harm to the juvenile or another person during
          the hearing, if there is a well-founded belief that the juvenile is a substantial flight risk, or if the
          juvenile has a recent history of disruptive behavior that has placed others at risk of substantial
          harm. In these cases, the court would be required to make a written recommendation for the least
          restrictive type of restraints necessary. The court’s recommendation would be made part of the
          official record. Any type of court-ordered restraint would be required to allow for sufficient
          movement of the juvenile’s hands so that the juvenile is able to read and handle documents
          necessary to the hearing. Under no circumstances would a juvenile be allowed to be restrained to
          a wall, the floor, furniture, or another juvenile during the hearing.
                  The Judiciary indicates that the bill may increase agency operating expenditures as it
          requires the court to issue additional findings in certain situations; however, an exact estimate of
          this effect cannot be determined. The Department of Corrections indicates that enactment of the
          bill would have no fiscal effect on its operations. Any fiscal effect associated with SB 439 is not
          reflected in The FY 2025 Governor’s Budget Report.

                                                                  Sincerely,

                                                                  Adam C. Proffitt
                                                                  Director of the Budget
          cc: Trisha Morrow, Judiciary
              Jennifer King, Department of Corrections
Statutes affected: 
As introduced: 38-2302, 38-2353