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
Adam Proffitt, Director Laura Kelly, Governor


January 21, 2021


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
Statehouse, Room 441B-E
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 5 by Joint Committee on Corrections and Juvenile
Justice Oversight
In accordance with KSA 75-3715a, the following fiscal note concerning SB 5 is
respectfully submitted to your committee.
SB 5 would amend the loss limitation for the severity level designation of the following
crimes: theft of property lost, mislaid, or delivered by mistake; criminal damage to property;
giving a worthless check; counterfeiting; criminal use of a financial card; impairing a security
interest; Medicaid fraud; official misconduct; presenting a false claim; misuse of public funds; and
criminal desecration. For each crime, the bill would change the severity level classification
limitations currently set at $1,000 to $1,500.
According to the Office of the Judicial Administration, enactment of SB 5 would increase
the felony limitation from $1,000 to $1,500. The crimes in the bill that fall within that range would
be misdemeanor convictions and would have additional cases supervised by court service officers;
however, the Office indicates the costs of the additional cases could be absorbed within existing
resources. The Office states that enactment of the bill would result in decreased revenues to the
Correctional Supervision Fund and the State General Fund. Currently, the assessed proba-
tion/correctional fee is $60 for misdemeanors and $120 for felonies. The fees are split with 41.67
percent to the State General Fund and 58.33 percent to the Correctional Supervision Fund.
Enactment of the bill would result in decreased revenues as the assessed fee would drop from $120
to $60.
The Honorable Kellie Warren, Chairperson
Page 2—SB 5

The Kansas Sentencing Commission estimates enactment of SB 5 would reduce two prison
beds in FY 2022 and in each year during the ten-year forecasting period. The Department of
Corrections states that reducing prison beds would avoid future prison costs. Any fiscal effect
associated with SB 5 is not reflected in The FY 2022 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Scott Schultz, Sentencing Commission
Randy Bowman, Corrections
Debbie Thomas, Judiciary
Willie Prescott, Office of the Attorney General
Wendi Stark, League of Municipalities
Jay Hall, Association of Counties


Statutes affected:
As introduced: 21-5802, 21-5813, 21-5821, 21-5825, 21-5828, 21-5830, 21-5927, 21-6002, 45-221, 21-6004, 21-6005, 21-6205