SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2077
As Amended by Senate Committee of the Whole

Brief*
HB 2077, as amended, would amend law related to the
Kansas Criminal Justice Reform Commission and the Kansas
Closed Case Task Force.

Kansas Criminal Justice Reform Commission
Study Topics
Current law requires the Kansas Criminal Justice
Reform Commission (Commission) to address certain listed
topics. The bill would amend some listed topics and would
create new topics.
Diversion Programs. The bill would amend the
requirement related to analysis of diversion programs to
require the Commission to analyze diversion programs
utilized throughout the state and make recommendations for
legislation that:
● Requires pre-filing and post-filing diversion be an
option in all counties;
● Establishes minimum statewide standards for
diversion; and
● Provides a method for sealing or otherwise
removing diversion records from criminal records.
____________________
*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
 Supervision. The bill would also amend the
requirement related to review of supervision levels and
programming for offenders on community supervision for
felony offenses by requiring the Commission to:
● Review the supervision practices for offenders who
serve sentences for felony offenses on supervision,
to include:
○ Supervision by court services;
○ Community corrections; and
○ Parole; and
● Discuss and develop detailed recommendations for
legislation that establishes research-based
standards and practices for all community
supervision programs that:
○ Provide for incentives for compliant offenders
to earn early discharge from supervision;
○ Create standardized terms and conditions for
community supervision and provide for a
method that courts may utilize to use special
terms as indicated through the introduction of
compelling evidence;
○ Create standardized effective responses to
behavior through a system of incentives and
graduated sanctions; and
○ Provide for a means to consolidate concurrent
supervision into one supervision agency.
Monitor Implementation of Recommendations. The
bill would require the Commission to monitor the
implementation of previously endorsed Commission
recommendations, including those developed through justice
reinvestment, and receive updates, review data, and identify
opportunities for coordination, collaboration, or legislation as
needed.

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 Removed Study Topics. The bill would remove
statutory requirements relating to specialty courts, evidence-
based programming, specialty correctional facilities, and
information management data systems. The bill would also
remove the requirement that the Commission study other
matters it determines to be necessary.
Commission Membership
The bill would add a public defender member to the
Commission, to be appointed by the Executive Director of the
Board of Indigents’ Defense Services.
Final Report
Current law requires the Commission to submit its final
report and recommendations by December 1, 2020. The bill
would require the final report and recommendations to be
submitted by December 1, 2021.
Technical Amendments
The bill would make technical amendments to remove
outdated language requiring members be appointed before
August 1, 2019, and language related to calling the first
meeting of the Commission during August 2019.

Kansas Closed Case Task Force
The bill would modify law concerning the Kansas Closed
Case Task Force (Task Force) by renaming it the Alvin Sykes
Cold Case DNA Task Force. The bill would extend the
deadline, from October 1, 2020, to October 1, 2021, for
completion of the protocol implementation plan relating to
closed cases. Similarly, the bill would extend the deadline,
from December 1, 2020, to December 1, 2021, for the Task
Force’s report containing a plan for uniform implementation of
the protocol. The bill would extend the sunset date for the
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Task Force from December 30, 2020, to December 30, 2021.
The bill would also authorize the Office of the Revisor of
Statutes, the Kansas Legislative Research Department, and
the Division of Legislative Administrative Services to aid the
Task Force.
The bill would amend the membership of the Task Force
to allow a designee to serve in place of the state combined
DNA index system (CODIS) administrator, but would
otherwise continue the Task Force as it existed on December
29, 2020, with all other members appointed prior to that date
continuing as members of the Task Force.
The bill would be in effect upon publication in the
Kansas Register.

Background
The Commission was created with enactment of 2019
HB 2290. The bill designated the membership of the
Commission and directed the Commission to study various
topics related to criminal justice reform. The Commission was
directed to submit a preliminary report, which was submitted
to the 2020 Legislature on December 1, 2019; and the
Commission was also directed to submit a final report, which
was submitted to the 2021 Legislature on December 1, 2020.
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representative Jennings. As introduced and passed by the
House, the bill contained provisions regarding the
Commission.

House Committee on Corrections and Juvenile Justice
In the House Committee hearing, proponent testimony
was presented by a representative of the Kansas Criminal
Justice Reform Commission and a private citizen. Written-

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only proponent testimony was submitted by the Kansas
Association of Criminal Defense Lawyers and the Department
of Corrections. No other testimony was submitted.

House Committee of the Whole
The House Committee of the Whole amended the bill to
make the bill effective upon publication in the Kansas
Register and add a requirement that the Commission monitor
the implementation of previously endorsed recommendations.

Senate Committee on Judiciary
In the Senate Committee hearing, representatives of the
Council of State Governments Justice Center and Kansas
Department of Corrections testified as proponents. A private
citizen testified as a neutral conferee. No opponent
testimony was submitted.

Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
add provisions similar to those in HB 2369, regarding the
Kansas Closed Case Task Force.

HB 2369 (Kansas Closed Case Task Force)
HB 2369 was introduced by the House Committee on
Judiciary at the request of Representative Patton.


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House Committee on Judiciary
In the House Committee hearing, no testimony was
provided. In the hearing, Representative Patton (a co-
chairperson of the Task Force) stated the Task Force was
close to completing its work in 2020, but needed additional
time to do so, and also needed assistance from legislative
staff.
On February 23, 2021, the House Committee amended
the bill to allow a designee to serve in the place of the CODIS
administrator.
On March 5, 2021, HB 2369 was stricken from the
House Calendar pursuant to Rule 1507.

Fiscal Information

HB 2077 (Kansas Criminal Justice Reform Commission)
According to the fiscal note prepared by the Division of
Budget on HB 2077 as introduced, the Kansas Sentencing
Commission indicates enactment of the bill may have an
impact on prison admissions and bed space, but that this
effect cannot be estimated. 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 Office of Judicial Administration and the Department
of Corrections indicate enactment of the bill would have no
fiscal effect.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2022 Governor’s Budget Report.

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HB 2369 (Kansas Closed Case Task Force)
According to the fiscal note prepared by the Division of
the Budget on HB 2369 as introduced, enactment of the bill
would cost additional expenditures of $10,879, all from the
State General Fund, in FY 2022. This estimate is based upon
the Task Force meeting four times between July 1, 2021, and
December 30, 2021, for the cost of four legislators on the
Task Force, including $9,436 for salary, fringe benefits,
subsistence, and mileage expenditures, and $1,443 for a
committee assistant. Existing staff time from the Revisor of
Statutes, the Kansas Legislative Research Department, and
Legislative Administrative Services would require no
additional expenditures. The agencies serving on the Task
Force (Kansas Bureau of Investigation, Office of Attorney
General, Board of Indigents’ Defense Services, and
Department of Corrections) would require additional staff
time. In addition, members appointed by the Kansas Sheriffs
Association, Kansas Association of Chiefs of Police, Kansas
County and District Attorneys Association, and Kansas Bar
Association would be required to serve an additional calendar
year on the Task Force; however, any fiscal effect would be
negligible. Any fiscal effect associated with this bill is not
reflected in The FY 2022 Governor’s Budget Report.
Kansas Criminal Justice Reform Commission; public defender; Kansas Closed Case
Task Force; membership; deadlines; legislative staff


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Statutes affected:
As introduced: 21-6902
{As Amended by House Committee of the Whole}: 21-6902
{As Amended by Senate Committee of the Whole}: 21-6901, 21-6902
{As Further Amended by Senate Committee of the Whole}: 74-7301, 21-6902, 74-7305, 21-6901