SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2128
As Amended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2128, as amended, would amend law related to
jurisdiction and supervision of participants in the nonprison
sanction of placement in a certified drug abuse treatment
program.

Certified Drug Abuse Treatment Program Jurisdiction
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
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.


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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
Background
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 Kansas Sentencing
Commission.
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of the Kansas
Sentencing Commission.

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 1, 2021, a
representative of the Kansas Sentencing 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.

Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill as introduced, the Office of Judicial
Administration indicates the 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 Kansas Sentencing Commission (Commission)
indicates the bill may reduce prison admissions and beds, but
an estimate could not be determined. The Commission also
estimates the bill could increase the number of SB 123
Program drug treatment offenders by either 238, 476, or 713

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persons in FY 2022. The Commission estimates additional
State General Fund expenditures of $748,034, $1,492,925, or
$2,239,952 in FY 2022 depending on which scenario occurs.
The Commission states the average cost of treatment in the
SB 123 Drug Treatment Program is $3,143 per offender in FY
2019.
The Kansas Department of Corrections indicates the bill
will have no fiscal effect.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2022 Governor’s Budget Report.
Drug abuse treatment program; jurisdiction; SB 123 program


3- 2128


Statutes affected:
As introduced: 21-6610, 21-6824
As Amended by House Committee: 21-6610, 21-6824