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 21, 2024


The Honorable Troy Waymaster, Chairperson
House Committee on Appropriations
300 SW 10th Avenue, Room 112-N
Topeka, Kansas 66612
Dear Representative Waymaster:
SUBJECT: Fiscal Note for HB 2811 by House Committee on Appropriations
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2811 is
respectfully submitted to your committee.
HB 2811 would require the Department of Corrections to establish a women’s correctional
center nursery on the grounds of Topeka Correctional Facility by January 1, 2026, subject to
appropriations. The Department would create the Nursery Program for Incarcerated Moms, which
would allow eligible offenders to live with a child born to them while in custody for up to 36
months following the birth of the child. The Secretary of Corrections or a designee of the Secretary
would be required to establish policies for operation of the nursery. The bill specifies that to be
eligible for the Program, an offender would have to give birth to a child after sentencing or while
in custody; have 36 months or less remaining on their sentence; meet other criteria established by
the Secretary or the Secretary’s designee; and have a child that meets the Secretary’s established
eligibility criteria. The bill also specifies that any offender with current or prior convictions of
certain violent or dangerous crimes would be automatically disqualified from the Program.
Prior to placing an offender into the Program, the Secretary or designee would be
responsible for determining that the offender meets all eligibility requirements and that the
Program is an appropriate placement for the offender. The Secretary would also determine if the
Program is in the best interests of the child, using information from the Department for Children
and Families regarding any current or prior child in need of care case involving the offender.
To participate in the Program, eligible offenders would agree in writing to comply with all
Department policies and procedures; have the child participate in the state children’s health
insurance program, if eligible; comply with any court decisions regarding legal custody, residency,
and parenting time for the child; specify the individual with whom the child would be placed if the
offender’s participation in the program is revoked; and sign any release of information waivers
The Honorable Troy Waymaster, Chairperson
Page 2—HB 2811

required for the Secretary to gather necessary information from the Department for Children and
Families.
The bill would establish criteria for the revocation of an offender’s participation in the
Program, including noncompliance with Program or Department requirements; serious illness of
the child; court-ordered change of residency for the child; or the offender’s release from Topeka
Correctional Facility. Any support payments made through the Kansas Payment Center for a child
participating in the Program would be forwarded to the Department of Corrections and be made
available to the offender. The bill would also establish the Nursery Program for Incarcerated
Moms Fund, which would be used by the Department of Corrections to operate and maintain the
Program. The Program would not be subject to mandatory licensing, oversight, or regulation by
the Department of Health and Environment or the Department for Children and Families. To
enable the Program, the bill would reconcile existing statutory language that prohibits children
from being kept in jail.

Estimated State Fiscal Effect
FY 2024 FY 2025 FY 2026
Expenditures
State General Fund -- $2,709,840 $1,072,429
Fee Fund(s) -- -- --
Federal Fund -- -- --
Total Expenditures -- $2,709,840 $1,072,429
Revenues
State General Fund -- -- --
Fee Fund(s) -- -- --
Federal Fund -- -- --
Total Revenues -- -- --
FTE Positions -- -- 19.90
The Department of Corrections indicates that the bill would require the construction of a
specialized housing unit for participating mothers and their children. This unit would consist of
5,000 square feet and include individual rooms, a kitchenette for preparing meals for the children,
an eating area, a common space for activities, and an outdoor playground. Topeka Correctional
Facility averaged four pregnant residents during FY 2023, and the proposed nursery unit would
contain ten individual rooms to accommodate population growth. The Department estimates that
the cost to design, construct, and furnish this unit would total $2.7 million from the State General
Fund in FY 2025. Construction would begin in FY 2025 and likely extend into FY 2026.
The Department of Corrections estimates that in FY 2026, the bill would result in State
General Fund expenditures of $1.1 million. This estimate includes six months of operating costs
and assumes staff would be hired one month prior to opening to complete training and final
preparation of the nursery. Nursery staff would total 19.90 FTE positions, including 5.10 FTE
The Honorable Troy Waymaster, Chairperson
Page 3—HB 2811

correctional officer positions, 1.00 FTE program director position, 1.00 FTE counselor position,
6.80 FTE childcare worker positions, 2.00 FTE licensed practical nurse positions, and 4.00 FTE
transport officer positions. These staffing levels would allow for the presence of one correctional
officer per shift and for two childcare workers to be present during the weekday morning and
evening shifts so that mothers could participate in programs and work opportunities. The FY 2026
estimate also includes $100,000 for non-emergent contracted pediatrician services and $99,602 of
one-time expenditures to acquire and equip two vehicles that would be used to transport mothers
and their children to off-site medical appointments.
The Department estimates that a full year of operating costs in FY 2027 would total $1.7
million from the State General Fund. Based upon the Sentencing Commission’s most recent ten-
year projection contained in its FY 2024 Adult Inmate Prison Population Projections report, it is
estimated that the female year-end population will total 828 residents in FY 2024 and 870 residents
in FY 2025. By FY 2033, the female population is projected to reach 1,078. The Department of
Corrections indicates that as the population of female residents increases, so will the number of
qualified mothers, which may require expansion of the nursery and result in additional
expenditures on nursery operations and staff. The Department for Children and Families and the
Kansas Department of Health and Environment indicate that the bill would have no fiscal effect
on agency operations. Any fiscal effect associated with HB 2811 is not reflected in The FY 2025
Governor’s Budget Report.

Sincerely,

Adam C. Proffitt
Director of the Budget


cc: Jennifer King, Department of Corrections
Kim Holter, Department for Children & Families
Amy Penrod, Department of Health & Environment


Statutes affected:
As introduced: 23-3203, 38-2202, 38-2276, 38-2202a