SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2121
As Amended by Senate Committee on Judiciary

Brief*
HB 2121 would amend the penalties for the crime of
mistreatment of a dependent adult or elder person, define the
term “absconds from supervision,” and amend law regarding
sureties and delivery of a person arrested.

Mistreatment of a Dependent Adult or Elder Person
The bill would amend the crime of mistreatment of a
dependent adult or elder person to raise the penalty:
● From a severity level 5 person felony to a severity
level 2 person felony when the crime involves
infliction of physical injury, unreasonable
confinement, or unreasonable punishment, and the
victim is a dependent adult who is a resident of an
adult care home during the commission of the
offense; and
● From a severity level 8 person felony to a severity
level 5 person felony, when the crime involves
omission or deprivation of treatment, goods, or
services that are necessary to maintain physical or
mental health of the victim, and the victim is a
dependent adult who is a resident of an adult care
home during the commission of the offense.

____________________
*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
Absconding from Supervision
The bill would add a definition of “absconds from
supervision” to the Kansas Code of Criminal Procedure
(Code). The bill would define the term to mean knowingly
avoiding supervision or knowingly making the defendant’s
whereabouts unknown to the defendant’s supervising court
services officer or community correctional services officer.
The bill would also add a definition of “absconded from
supervision” in a statute relating to parole. The bill would
define the term to mean knowingly avoiding supervision or
knowingly making the defendant’s whereabouts unknown to
the defendant’s supervising parole officer, court services
officer, or community correctional services officer.
The bill would make technical amendments to ensure
consistency in statutory phrasing.

Sureties; Delivery of a Person Arrested
The bill would amend law related to sureties in the Code
to state any person who is released on an appearance bond
may be arrested and delivered to a custodial officer of the
court by a surety or surety’s designee in the county where the
complaint subject to the bond was filed. Under current law,
sureties seeking discharge of an appearance bond may do so
in any county in the state in which the person is charged.
The bill also would define “custodial officer of the court”
as the sheriff or keeper of the jail in the county.


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Background
HB 2121 was introduced by the House Committee on
Corrections and Juvenile Justice at the request of the Kansas
Sentencing Commission (Commission). As introduced and
passed by the House, HB 2121 contained the provisions
regarding absconding from supervision.

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 1, 2021,
proponent testimony was presented by a representative of
the Commission, who stated the bill would codify the holding
in State v. Dooley, 308 Kan. 641, 423 P.3d 469 (2018) and
would result in a more consistent application of the term
“absconds from supervision” statewide.
Written-only proponent testimony was provided by the
Kansas County and District Attorneys Association. No other
testimony was provided.
On February 4, 2021, the House Committee amended
the bill to replace all references to the term “intentionally” with
“knowingly” in both definitions that would be created by the
bill.

Senate Committee on Judiciary
In the Senate Committee hearing on March 25, 2021, a
representative of the Commission and representatives of the
Council of State Governments Justice Center testified as
proponents. A representative of Riley County Community
Corrections provided written-only proponent testimony.
On March 25, 2021, the Senate Committee amended
the bill to add the contents of HB 2153 (regarding
mistreatment of a dependent adult or elder person) and HB
2076 (regarding sureties and delivery of a person arrested).

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HB 2153 (Mistreatment of a Dependent Adult or Elder
Person)
HB 2153 was introduced by the House Committee on
Judiciary at the request of the Office of the Attorney General
(OAG).
House Committee on Judiciary
In the House Committee hearing on February 8, 2021, a
representative of the OAG testified as a proponent of the bill.
A representative of Kansas Advocates for Better Care
provided written-only proponent testimony. Representatives
of the Kansas Association of Criminal Defense Lawyers and
LeadingAge Kansas testified as neutral conferees.
Senate Committee on Judiciary
In the Senate Committee hearing on March 25, 2021, a
representative of the OAG testified as a proponent of the bill.
A representative of AARP Kansas provided written-only
proponent testimony.

HB 2076 (Sureties; Delivery of a Person Arrested)
HB 2076 was introduced by the House Committee on
Judiciary at the request of Representative Patton on behalf of
the Kansas Sheriffs Association.


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House Committee on Judiciary
In the House Committee hearing on January 27, 2021,
representatives of the Kansas Bail Agents Association and
Kansas Sheriffs Association testified as proponents of the
bill, stating the change would address the problem of some
sureties failing to transport offenders between counties when
rearrested and leaving sheriffs responsible for transport to the
appropriate county. The Kansas Association of Counties
provided written-only proponent testimony.
No neutral or opponent testimony was provided.
On February 11, 2021, the House Committee amended
the bill to define “custodial officer of the court.”
Senate Committee on Judiciary
In the Senate Committee hearing on March 22, 2021,
representatives of the Kansas Bail Agents Association and
Kansas Sheriffs Association testified as proponents of the
bill.

Fiscal Information

HB 2121 (Absconding from Supervision)
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Department of
Corrections indicates enactment of the bill would have no
fiscal effect. The Office of Judicial Administration states
enactment of the bill would have a negligible fiscal effect that
could be absorbed within existing resources.
According to the prison bed impact statement prepared
by the Commission on the bill as introduced, enactment of the
bill may have an impact on prison admissions and bed space,
but the effect could not be determined. The current estimated
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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 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.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.

HB 2153 (Mistreatment of a Dependent Adult or Elder
Person)
According to the fiscal note prepared by the Division of
the Budget, the Office of Judicial Administration (OJA) states
enactment of the bill could result in less supervision of
offenders required to be performed by court services officers,
but a fiscal effect cannot be estimated. OJA estimates
enactment of the bill could result in a decrease of supervision
fee revenue.
The Kansas Sentencing Commission estimates
enactment of the bill would result in one to two additional
prison admissions each year, one to two additional prison
beds needed in FY 2022, and one to three additional prison
beds needed in FY 2031. The Department of Corrections
states enactment of the bill could be handled within existing
resources.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2022 Governor’s Budget Report.

HB 2076 (Sureties; Delivery of a Person Arrested)
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration and Kansas Association of Counties indicate
enactment of the bill would have a negligible fiscal effect.

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Crimes; criminal procedure; mistreatment of a dependent adult or elder person;
resident of adult care home; penalties; abscond from supervision; community
corrections; court services; parole; supervision; sureties; appearance bond; arrest
and delivery; county where delivered


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Statutes affected:
As introduced: 75-5217, 22-2202
As Amended by House Committee: 75-5217, 22-2202
As Amended by Senate Committee: 21-5417, 22-2202, 21-6418, 22-2809, 75-5217
{As Amended by Senate Committee of the Whole}: 8-246, 21-5417, 22-2202, 21-6418, 22-2809, 75-5216, 75-5217