SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2741
As Amended by House Committee on
Corrections and Juvenile Justice
Brief*
HB 2741, as amended, would amend the Kansas
Criminal Code to update the terms of supervision for certain
offenders.
Conditions of Supervision
The bill would authorize the court and direct the Prisoner
Review Board (Board) to require a person under supervision
to:
● Obey all laws and ordinances and inform the
supervision officer of any encounters with law
enforcement;
● Refrain from engaging in or making threats of
violence;
● Not purchase or posses any dangerous weapon,
including a firearm, if the supervision is for a felony
conviction;
● Report to the assigned supervision officer as
directed and be truthful in all matters;
● Remain in Kansas or other areas as specified by
the supervision officer;
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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
● Inform the supervision officer of any sudden
changes in residence or contact information within
24 hours of the change, and reside at the approved
residence;
● Not possess, use, or distribute any controlled
substance unless prescribed by a licensed medical
professional;
● Abstain from alcohol or substance use and from
entering an establishment where sale or
consumption of alcohol is the primary business;
● Comply with alcohol or substance testing as
directed by the supervision officer without
tampering with the specimen or test;
● Participate in assessments, treatment, programs,
and other directives mandated by the court or
supervision officer; and
● Refrain from contacting victims unless authorized
by the court as part of rehabilitation or therapy.
Probation and Community Corrections Supervision
The bill would replace the conditions of probation or
community corrections in current law that a court may impose
on a supervised person. Further, the bill would remove
requirements the court issue, and instead give the court
discretion regarding whether to issue, the following conditions
upon a defendant:
● To obey all laws of the United States, the state of
Kansas, and other jurisdictions to which the
defendant may be subject;
● To be subject to searches by a court services
officer and any law enforcement officer with a
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reasonable suspicion of the defendant violating
conditions of probation or criminal activity; and
● To be subject to random, reasonable tests for drug
and alcohol consumption.
The bill would also direct the Office of Judicial
Administration and the Kansas Department of Corrections
(KDOC) to collaborate on developing appropriate
documentation for conditions of supervision for probation and
community corrections.
Parole or Postrelease Supervision
The bill would remove the required conditions of
repaying transportation costs related to apprehension of the
person for violation of a condition of release, pursuing a
secondary education, and performing community service. The
bill would retain required conditions of supervision for persons
on parole or postrelease supervision regarding payment of
fees and reimbursement for services.
Searches
Provisions regarding searches would be included in the
conditions for persons on probation, community corrections,
parole, or postrelease supervision. The person would be
required to submit to searches of their person, belongings,
vehicle, and property by:
● A court services officer or community correctional
services officer for persons on probation or in
community corrections;
● A parole or corrections officer for persons on parole
or postrelease supervision, with or without a
warrant or cause, although not for the sole purpose
of harassment; and
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● A law enforcement officer based on reasonable
suspicion of probation, parole, or postrelease
supervision violations or criminal activity.
Search Reporting
The bill would add a requirement that a law enforcement
officer who conducts a search under the supervision terms
submit a written report to the person’s parole officer not later
than the close of business the next day after the search is
conducted. The bill would require the written report to include
facts leading to the search, the scope of the search, and any
findings of the search. [Note: Similar requirements are found
in continuing law for searches of persons on probation and in
community corrections.]
Technical Amendments
The bill would also make technical amendments.
Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of KDOC.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing, the KDOC Deputy
Secretary of Juvenile and Adult Community Based Services
and the Director of Reno County Community Corrections
provided proponent testimony. The proponents generally
stated the bill is the result of the Kansas Criminal Justice
Reform Commission’s work, which took into account the
Council of State Governments’ recommended considerations:
Is it realistic? Is it relevant? Is it research-supported?
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Written-only proponent testimony was submitted by the
Director of Riley County Community Corrections.
Neutral testimony was provided by a representative of
the Office of Judicial Administration (OJA), and written-only
neutral testimony was submitted by a representative of the
Kansas Association of Court Service Officers.
No other testimony was provided.
The House Committee amended the bill to:
● Remove the requirement of OJA and KDOC to
collaborate on appropriate documentation relating
to parole supervision;
● Further specify allowable search and seizure as a
condition of supervision;
● Require a law enforcement officer to submit a
written report to the corresponding parole officer
within one business day of conducting a search;
and
● Make further technical amendments.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, KDOC estimates the bill
would result in $530 State General Fund expenditures to
update the agency’s data management system, and this
expenditure could be accommodated within existing
resources. The Judicial Branch indicates the bill has the
potential to increase operating expenditures by a negligible
amount.
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Any fiscal effects associated with enactment of the bill
are not reflected in The FY 2025 Governor’s Budget Report.
The Kansas Association of Counties indicates the bill
has potential to increase expenditures; however, an exact
estimate cannot be determined.
Probation; parole; conditions of supervision; Department of Corrections; community
corrections
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Statutes affected: As introduced: 21-6607, 22-2907, 22-3717
As Amended by House Committee: 21-6607, 22-2907, 22-3717