SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 8
As Recommended by Senate Committee on
Judiciary

Brief*
SB 8 would amend law related to the amount of good
time incarceration credit and program credit allowed by the
Kansas Department of Corrections (KDOC) for persons
convicted of certain crimes.
The bill would specify the current good time
incarceration credits would be limited to crimes committed
between the dates in current law and June 30, 2021. The bill
would also allow the following good time incarceration credit
for crimes committed after July 1, 2021:
● 25.0 percent of the prison part of the sentence for a
person felony; and
● 40.0 percent of the prison part of the sentence for a
nonperson felony.
Current law allows the following good time incarceration
credit:
● 15.0 percent for:
○ Crimes committed on or after July 1, 1993;
and
● 20.0 percent for:
○ Non-drug severity level 7 through 10 crimes
committed on or before January 1, 2008;
____________________
*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
 ○ Drug severity level 3 or 4 crimes committed
on or after January 1, 2008, but prior to July
1, 2012; and
○ Drug severity level 3 through 5 crimes
committed on or after July 1, 2012.
Current law provides that the State of Kansas, the
Secretary of Corrections, and the Secretary’s agents or
employees shall not be liable for damages caused by any
negligent or wrongful act or omission in making good time
and program credit calculations. The bill would remove
“wrongful” from this immunity provision.
Further, the bill would allow inmates to earn up to 150
days of program credit, which may be awarded based upon
the completion of certain KDOC programs while a person is
incarcerated. Current law allows inmates to earn up to 120
days of such program credit.
Finally, the bill would also make technical amendments
to remove outdated language regarding previously required
good time and program credit calculations by the Secretary of
Corrections and to ensure consistency in statutory phrasing.

Background
The bill was prefiled for introduction by the Joint
Committee on Corrections and Juvenile Justice Oversight on
December 31, 2020. [Note: SB 8 contains provisions
contained in 2020 HB 2484, as amended by the House
Committee on Corrections and Juvenile Justice.]

Senate Committee on Judiciary
In the Senate Committee hearing on January 26, 2021,
the Executive Director of the Kansas Sentencing Commission
and representatives of the American Civil Liberties Union of
Kansas, GROW – Grace Restores Overcoming Women, the

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Greater Kansas City Chamber of Commerce, and KDOC
provided proponent testimony on the bill. Proponents
generally stated the bill would provide incentives for offenders
to maintain appropriate behavior and complete programming
in prison that will result in better outcomes upon release from
prison.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, the Kansas Sentencing Commission estimates
enactment of the bill would result in a decrease of 86 adult
prison beds in FY 2022. By FY 2031, 564 fewer adult prison
beds would be needed. The current estimated available bed
capacity is 9,420 beds for male inmates and 948 beds for
female inmates. Based upon the Commission’s most recent
ten-year projection contained in its FY 2020 Adult Inmate
Prison Population Projections report, it is estimated that the
year-end population for available male capacity will be under
capacity by 1,287 inmates in FY 2021 and 1,241 inmates in
FY 2022.
KDOC indicates a reduction of 86 beds is approximately
1.0 percent of its current facility population. The Department
states the reduction in prison population would not be
sufficient to reduce current prison expenditures but would be
beneficial toward effectively housing, managing, and
providing programs and services to inmates and could also
help avoid long-term costs related to building more beds.
The Office of Judicial Administration indicates
enactment of the bill would have a negligible fiscal effect. Any
fiscal effect associated with enactment of the bill is not
reflected in The FY 2022 Governor’s Budget Report.
Inmates; good time and program credits; sentencing

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Statutes affected:
As introduced: 21-6821