Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor

February 27, 2019

The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 85 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 85 is
respectfully submitted to your committee.
SB 85 would allow courts to order staggered sentences in certain domestic battery
convictions. Under current law, such convictions mandate 90 days imprisonment. The bill would
allow the 90 days to be divided into three 30-day segments. The first segment would be satisfied
by participating in a work release program or being on house arrest. Both the work release option
and the house arrest option would require an initial 48-hour imprisonment. If an offender is placed
in a work release program, the offender would return to confinement at the end of each day and
serve a minimum of 672 hours of confinement. If placed on a house arrest program, the offender
would be monitored by an electronic monitoring device that verifies the offender’s location and
would be required to serve a minimum of 672 hours of house arrest.
The bill would require the courts to set two review hearings, with the first between 90 to
120 days after the initial sentencing and a second hearing between 180 to 240 days after the initial
sentencing. At each hearing, the court would consider the offender’s compliance with prior court
orders, together with any other factors deemed relevant by the court, in deciding whether to modify
the sentence by ordering a stay of execution of the next segment. SB 85 would require offenders
to serve any portion of a sentence that is stayed by the court if they violate any conditions set out
by the court in the stay of execution.
SB 85 specifies that the bill’s provisions would not affect any other sanction for the
violation of probation, assignment to a community correctional services program, suspension of
sentence, or nonprison sanction.
According to the Office of Judicial Administration, enactment of SB 85 would have a fiscal
effect on the Judicial Branch. The bill’s provisions would require district courts to hold more
review hearings for offenders, which would increase the time spent by district court personnel
The Honorable Rick Wilborn, Chairperson
Page 2—SB 85

processing, hearing, and researching cases. The Office states court service officers could have
more hearings to attend and additional offenders to monitor.
The Kansas Sentencing Commission states that enactment of SB 85 would have no effect
on prison admissions or bed space. Any fiscal effect associated with SB 85 is not reflected in The
FY 2020 Governor’s Budget Report.
The Office of Judicial Administration indicates enactment of SB 85 could result in savings
for Kansas counites. If more offenders are placed on house arrest, there would be less offenders
incarcerated in county jails.


Larry L. Campbell
Director of the Budget

cc: Linda Kelly, Corrections
Scott Schultz, Sentencing Commission
Jay Hall, Association of Counties
Janie Harris, Judiciary

Statutes affected:
As introduced: 21-5414