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 19, 2019


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
Statehouse, Room 519-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2292 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2292 is
respectfully submitted to your committee.
HB 2292 would establish a certified drug abuse treatment program for certain persons who
enter into a diversion agreement in lieu of further criminal proceedings on and after July 1, 2019.
Placement of divertees in certified drug abuse treatment programs pursuant to a diversion
agreement would be limited to placement of adults on a complaint alleging certain felony
violations whose offense is classified within specific grid blocks and the divertee has no other
specific felony convictions of any other substantially similar specific offense from another
jurisdiction.
If the defendant being considered for a diversion agreement is assigned a high-risk status
as determined by the required drug assessment and a moderate or high-risk status as determined
by the criminal need assessment, the diversion agreement would require the divertee to comply
with and participate in a drug abuse treatment program. The term of treatment would not exceed
18 months.
The bill specifies that a district attorney may enter into a memorandum of understanding
with court services or community correctional services to assist with supervision and monitoring
of persons who have entered into a diversion agreement. The district attorney would retain
authority over whether a defendant is given the option to enter into a diversion agreement and
whether a defendant has violated terms of the agreement. A memorandum of understanding would
include provisions related to determining the level of supervision needed for a defendant, use of a
criminal risk-need assessment, and payment for costs of supervision.
The Honorable Fred Patton, Chairperson
Page 2—HB 2292

HB 2292 would provide supervision by the county or district attorney or court services or
community correctional services pursuant to a memorandum of understanding entered into by the
county or district attorney and payment of costs associated with the supervision.
The bill would further specify that nothing in the bill would prohibit a community
correctional services program from providing services to offenders pursuant to a memorandum of
understanding entered into by a community correctional services program and a county or district
attorney.
HB 2292 would provide that if the person has entered into a diversion agreement in lieu of
further criminal proceedings, the county or district attorney would determine the extent that the
person is able to pay for the assessment and treatment, if any. Payments would be used by the
supervising agency to offset costs to the state or county. If the financial obligations are not met or
cannot be met, the county or district attorney would be notified for the purpose of collection or
review and further action on the person’s diversion agreement.
The Office of Judicial Administration indicates enactment of HB 2292 could have a fiscal
effect on Judicial Branch operations; however, the Office cannot estimate how many district courts
would enter into a memorandum of understanding or how many cases would occur.
The Kansas Sentencing Commission estimates enactment of HB 2292 could result in
additional prison admissions and beds; however, the Commission cannot estimate an effect.
Further, the Commission estimates enactment of the bill could increase the number of SB 123 drug
treatment offenders by either 25, 50, or 75 in FY 2020. The Commission’s estimates are based on
three different scenarios. Because of the potential increase of SB 123 drug treatment offenders,
the Commission estimates additional State General Fund expenditures of either $92,840, $185,681,
or $275,520 in FY 2020, depending on which scenario plays out. Any fiscal effect associated with
HB 2292 is not reflected in The FY 2020 Governor’s Budget Report.
The Kansas Association of Counties estimates enactment of HB 2292 would have a
negligible fiscal effect on Kansas counties.

Sincerely,

Larry L. Campbell
Director of the Budget

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

Statutes affected:
As introduced: 21-6824, 22-2907, 22-2909, 75-5291, 75-52