SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 4
As Amended by House Committee on Judiciary

Brief*
SB 4, as amended, would amend law to change
penalties for crimes involving riot in a correctional facility and
unlawfully tampering with an electronic monitoring device. It
also would amend various provisions related to supervision of
offenders and the administration of certified drug abuse
treatment programs.

Certification of Identification for Offenders on Probation
The bill would expand the list of proof of identity
documents accepted by the Division of Vehicles, Kansas
Department of Revenue (KDOR), for the issuance of a
replacement driver’s license to include a certification of
identification issued by a court services officer. The bill would
specify such certification could be issued by a supervising
agency to offenders under probation supervision of such
agency.

Riot and Incitement to Riot in a Correctional Facility
The bill would increase the criminal penalties for riot and
incitement to riot when the crime occurs in a correctional
facility. The bill would define “correctional facility” for this
purpose as a jail, or a correctional institution as defined by
continuing law.

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*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
Riot
Continuing law defines “riot” to mean five or more
persons acting together and without lawful authority engaging
in any:
● Use of force or violence that produces a breach of
the public peace; or
● Threat to use such force or violence against any
person or property if accompanied by power, or
apparent power, of immediate execution.
Current law classifies the crime of riot as a class A
person misdemeanor. The bill would increase the penalty for
riot, when it occurs in a correctional facility, to a severity level
8 person felony.
Incitement to Riot
Continuing law defines “incitement to riot” to mean, by
words or conduct, knowingly urging others to engage in a riot,
under circumstances that produce a clear and present danger
of injury to persons or property or a breach of the public
peace.
Current law classifies the crime of incitement to riot as a
severity level 8 person felony. The bill would increase the
penalty for incitement to riot, when it occurs in a correctional
facility, to a severity level 6 person felony.

Unlawfully Tampering with Electronic Monitoring
Equipment
The bill would lower the criminal penalty for unlawfully
tampering with electronic monitoring equipment. (The penalty
contained in current law is a severity level 6 nonperson felony
in all cases.)

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 The bill would lower the criminal penalty for unlawfully
tampering with electronic monitoring equipment from a
severity level 6 nonperson felony to a severity level 8
nonperson felony when the equipment is used for court-
ordered supervision, post-release supervision, or parole in
relation to felony or misdemeanor violations of:
● Interference with parental custody;
● Criminal restraint;
● Domestic battery;
● Stalking;
● Intimidation of a witness; or
● Violation of a protective order.
The bill also would lower the criminal penalty for
unlawfully tampering with electronic monitoring equipment
from a severity level 6 nonperson felony to a class A
nonperson misdemeanor when the equipment is used for
court-ordered supervision, post-release supervision, or parole
in relation to a misdemeanor (other than those listed above)
or for court-ordered supervision in a civil case.

Certified Drug Abuse Treatment Programs
The bill would amend law related to jurisdiction of,
supervision of participants in, and eligibility for the nonprison
sanction of placement in a certified drug abuse treatment
program (2003 SB 123 Program).
Jurisdiction and Supervision
The bill would provide that, when a defendant is
sentenced to the nonprison sanction of placement in a
certified drug abuse treatment program, the district court from

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which the defendant is on parole, on probation, assigned to a
community correctional services program, or under a
suspended sentence, may transfer jurisdiction of the
defendant with the concurrence of the receiving district court
and all parties.
The bill would specify that, if an offender is permitted to
leave the judicial district of the sentencing court, the court
may:
● Transfer supervision over the offender from that
judicial district to another; and
● Either transfer or retain jurisdiction of the offender.
Eligibility
The bill would amend a provision related to the
assignment of a risk status by a criminal risk-need
assessment to remove a requirement that the assessment
assign either a high or low risk status.
The bill would also remove a requirement that an
offender be assigned a high risk status on the drug abuse
assessment and a moderate or high risk status on the
criminal risk-need assessment in order to participate in the
2003 SB 123 Program. The bill would require the Kansas
Sentencing Commission (Commission) to determine the
criteria for participation in the 2003 SB 123 Program.

Community Corrections Services Program
Continuing law allows for assessment of certain felony
offenders by a standardized risk assessment tool specified by
the Commission, and for placement of certain felony
offenders in a community corrections services program that
provides supervision, treatment, and other services to
offenders.

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 The bill would allow the Commission to determine an
appropriate risk level for placement in the program, and
would remove the requirement that offenders be assigned
certain risk levels in order to participate.

Technical Amendments
The bill would make technical amendments to ensure
consistency in statutory phrasing.

Background
SB 4 was prefiled for introduction by the Joint
Committee on Corrections and Juvenile Justice Oversight on
December 31, 2020.
[Note: As introduced, SB 4 contained provisions identical
to 2021 HB 2027, as introduced, regarding unlawful
tampering with electronic monitoring equipment.]
Senate Committee on Judiciary
In the Senate Committee hearing on January 27, 2021,
a representative of the Commission testified as a proponent
of the bill, indicating the bill is a proportionality measure to
align the penalties with the underlying offense. Written-only
proponent testimony was provided by a representative of the
Kansas Association of Criminal Defense Lawyers.
Neutral testimony was provided by a representative of
the Kansas Association of Chiefs of Police, the Kansas
Sheriffs Association, and the Kansas Peace Officers
Association (law enforcement organizations).
On February 3, 2021, the Senate Committee
recommended the bill be placed on the Consent Calendar.


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House Committee on Judiciary
In the House Committee hearing on March 16, 2021, the
same proponent and neutral conferees provided testimony.
On March 24, 2021, the House Committee amended
the bill to:
● Include certain misdemeanor violations in the
severity level 8 nonperson felony provision for
unlawful tampering with electronic monitoring
equipment (as suggested by the law enforcement
organizations);
● Add the contents of HB 2192, regarding
certification of identification for offenders on
probation;
● Add the contents of HB 2191, regarding riot and
incitement to riot in a correctional facility;
● Add the contents of HB 2128, regarding jurisdiction
and supervision of offenders in the 2003 SB 123
Program; and
● Add the contents of HB 2374, regarding eligibility
for the 2003 SB 123 Program and community
corrections services programs.
HB 2192 (Certification of Identification)
HB 2192 was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representative Jennings.
[Note: HB 2192 contains provisions similar to those of
2020 HB 2496, as recommended by the House Committee on
Corrections and Juvenile Justice.]

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House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 8, 2021,
proponent testimony was presented by the Douglas County
Sheriff and representatives of the American Civil Liberties
Union of Kansas and the Bert Nash Community Mental
Health Center. Proponents stated the issuance of
certifications of identification would help probationers access
employment, treatment, housing, and other benefits, which
would lower the rate of recidivism.
Written-only proponent testimony was provided by
representatives of the Douglas County Administrator, Douglas
County Criminal Justice Services, the Greater Kansas City
Chamber of Commerce, the Kansas Association of Court
Services Officers, the Kansas Department of Corrections
(KDOC), the Office of Judicial Administration (OJA), and
United Way of Douglas County.
No other testimony was provided.

HB 2191 (Riot and Incitement to Riot in a Correctional
Facility)
HB 2191 was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representative Jennings on behalf of the Pawnee County
Attorney.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 11, 2021,
proponent testimony was presented by representatives of
the Johnson County Sheriff’s Office and the Kansas Sheriffs
Association and by the Leavenworth County Attorney.
No other testimony was provided.

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HB 2128 (Jurisdiction and Supervision for 2003 SB 123
Program)
SB 123 (2003) created a nonprison sanction of certified
substance abuse treatment for certain drug offenders.
Commonly referred to as the “Senate Bill 123 Program,” this
program is administered by the Commission.
HB 2128 was introduced by the House Committee on
Corrections and Juvenile Justice at the request of the
Commission.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 1, 2021, a
representative of the Commission testified as a proponent of
the bill. A representative of the Kansas Community
Corrections Association submitted written proponent
testimony. No other testimony was provided.
The House Committee amended the bill to remove
provisions related to participation in the certified drug abuse
treatment program by nondrug offenders.

HB 2374 (Eligibility for 2003 SB 123 Program and
Community Corrections Supervision Programs)
HB 2374 was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Commission.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 23, 2021,
a representative of the Commission provided proponent
testimony, stating the Commission is in the process of
implementing new probation assessments and the change
would help facilitate implementation of the new assessments.

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 No other testimony was provided.

Fiscal Information

SB 4 (Unlawful Tampering with Electronic Monitoring
Equipment)
According to the fiscal note prepared by the Division of
the Budget on SB 4 as introduced, OJA indicates enactment
of the bill could result in additional offenders being supervised
by court services officers, but the fiscal effect could be
absorbed within existing resources.
The Commission estimates enactment of the bill would
save nine prison beds in FY 2022 and ten prison beds in FY
2031. The Commission states the current estimated available
bed capacity is 9,420 for males, and 948 for females. 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.
The KDOC indicates a reduction in the prison population
is beneficial toward avoiding future costs, but is not sufficient
to reduce current prison expenditures. The KDOC also
indicates the reduction would improve the ability to socially
distance inmates to help mitigate the spread of the
coronavirus in the facility, staff working at the facility, and
inmates released into the community.
Any fiscal effect associated with enactment of SB 4 is
not reflected in the The FY 2022 Governor’s Budget Report.

HB 2192 (Certification of Identification)
According to the fiscal note prepared by the Division of
the Budget on HB 2192, OJA indicates enactment of the bill
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would require court services officers to complete a form for
their probationers, which would require additional staff time;
however, the fiscal effect would be negligible. KDOC and
KDOR indicate enactment of the bill would have no fiscal
effect.
Any fiscal effect associated with HB 2192 is not reflected
in The FY 2022 Governor’s Budget Report.

HB 2191 (Riot and Incitement to Riot in a Correctional
Facility)
According to the Prison Bed Impact Assessment
prepared by the Commission, HB 2191 would result in zero to
two additional prison admissions each year during the
forecasting period, and an increase of zero to two adult prison
beds in FY 2022, and an increase of one to three adult prison
beds in FY 2031. The Commission also estimates the bill
would result in zero to three additional journal entries each
year for the workload of the Commission.
According to the fiscal note prepared by the Division of
the Budget on the bill, KDOC indicates the increase in prison
population would have a detrimental effect on its ability to
provide for social distancing among its offender population.
KDOC indicates the increase could contribute to the spread
of the coronavirus among residents of the facility, staff
working at the facility, and offenders released into the
community. KDOC indicates the bill would have no fiscal
effect.
OJA indicates enactment of the bill would have a
negligible fiscal effect that could be absorbed within existing
resources.
Any fiscal effect associated with HB 2191 is not reflected
in The FY 2022 Governor’s Budget Report.


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HB 2128 (Jurisdiction and Supervision for 2003 SB 123
Program)
According to the fiscal note prepared by the Division of
Budget on HB 2128 as introduced, OJA indicates enactment
of the bill could affect the amount of time spent by court
services officers in supervision of offenders but would have a
negligible fiscal effect.
The Commission indicates enactment of the bill may
reduce prison admissions and beds, but an estimate could
not be determined. The Commission also estimates
enactment of the bill could increase the number of SB 123
Program drug treatment offenders by either 238, 476, or 713
persons for FY 2022. The Commission estimates additional
State General Fund expenditures of $748,034; $1,492,925; or
$2,239,952 for FY 2022 depending on which scenario occurs.
The Commission states the average cost of treatment in the
SB 123 Program is $3,143 per offender in FY 2019.
KDOC indicates enactment of the bill would have no
fiscal effect.
Any fiscal effect associated with enactment of HB 2128
is not reflected in The FY 2022 Governor’s Budget Report.

HB 2374 (Eligibility for 2003 SB 123 Program and
Community Corrections Supervision Programs)
According to the fiscal note prepared by the Division of
the Budget, the Commission indicates enactment of HB 2374
could impact prison admissions, prison beds, or the workload
of the Commission, but a fiscal effect cannot be estimated.
OJA indicates enactment of the bill could change the
number of people going to community corrections or court
services. However, a fiscal effect cannot be estimated.


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 Any fiscal effect associated with HB 2374 is not reflected
in The FY 2022 Governor’s Budget Report.
Crimes; supervision; parole, probation; community corrections; court services;
driver's license; identification certificate; sentencing; riot; incitement to riot; electronic
monitoring equipment; tampering; drug abuse treatment program; SB 123 program;
Kansas Sentencing Commission; risk level


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Statutes affected:
As introduced: 21-6322
As Amended by House Committee: 8-246, 21-6201, 75-5202, 21-6322, 21-6610, 21-6824, 75-5291