SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2336
As Recommended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2336 would amend a Kansas Criminal Code statute
governing imposition of multiple sentences to add a provision
stating that, when a defendant is serving a previously-
imposed sentence, or is on post-incarceration supervision for
a previously-imposed sentence, and a later sentence is
imposed on the defendant to be served consecutively to the
previous sentence, the defendant is not entitled to credit for
time served in custody on such sentence. The bill also would
amend this statute to move the definition of “post
incarceration supervision” so it would apply to the entire
section, including the new provision.
The bill would amend a Kansas Criminal Code statute
governing computation to specify that a judge sentencing a
criminal defendant to confinement shall provide in the
sentencing order of the journal entry of judgment the dates
that reflect the time the defendant has spent incarcerated
pending disposition of the case. The Secretary of Corrections
(Secretary) would be required to determine whether or not a
defendant is awarded credit toward post-incarceration
supervision (pursuant to the statute governing arrest and
incarceration for violations of conditions of release on parole,
conditional release, or postrelease supervision) for time spent
incarcerated for such dates. Current law requires the
sentencing judge to direct that the sentence is to be
computed from a date specifically designated by the court,
established to reflect and computed as an allowance for the
time the defendant has spent incarcerated pending
____________________
*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
disposition of the case. The definition of “post incarceration
supervision” also would be added to this statute.
The bill also would make technical amendments to
ensure statutory consistency.

Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of the Kansas
Department of Corrections (KDOC). In the House Committee
hearing, a representative of KDOC testified in support of the
bill, stating it addresses how time spent in jail should be
credited when a person is both a defendant awaiting trial on
new criminal charges while, at the same time, is an alleged
postrelease supervision violator who has been arrested
pursuant to a warrant issued by the Secretary. No other
testimony was provided.
According to the fiscal note prepared by the Division of
the Budget on the bill, the Kansas Sentencing Commission
and KDOC indicate enactment of the bill could have an effect
on prison bed space, but the effect cannot be estimated. Any
fiscal effect is not reflected in The FY 2020 Governor’s
Budget Report.


2- 2336


Statutes affected:
As introduced: 21-6606, 21-6615