Bill Summary – FastDemocracy

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 25, 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 103 by Senate Committee on Judiciary
                 In accordance with KSA 75-3715a, the following fiscal note concerning SB 103 is
         respectfully submitted to your committee.
                  SB 103 would provide that if the trier of fact makes a finding beyond a reasonable doubt
         that an offender’s crime was a hate crime and the offense is classified as a severity level 2 through
         10, the sentence for such offense must be one severity level above the appropriate level for the
         offense. In addition, the sentence imposed could not be considered a departure or subject to appeal.
         The bill would remove hate crime language from the nonexclusive list of aggravating departure
         factors.
                 The Kansas Sentencing Commission indicates SB 103 would have an impact on prison
         admissions and beds, but a precise estimate cannot be determined. The Office of Judicial
         Administration (OJA) indicates the enactment of SB 103 could reduce expenditures from less
         offenders being supervised by court services officers which would also reduce revenues from
         probation or correctional supervision fees remitted to the State General Fund and the Correctional
         Supervision Fund. OJA indicates the fee is $60 for misdemeanors and $120 for felonies, and that
         41.67 percent is credited to the State General Fund and 58.33 percent is credited to the Correctional
         Supervision Fund. However, a precise estimates of the fiscal effect on expenditures by or revenues
         to the Judicial Branch cannot be determined.

                                                               Sincerely,

                                                               Larry L. Campbell
                                                               Director of the Budget
         cc: Janie Harris, Judiciary
             Paul Weisgerber, KBI
             Scott Schultz, Sentencing Commission
Statutes affected: 
As introduced: 21-6804, 21-6815