Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


February 10, 2021


The Honorable Russell Jennings, Chairperson
House Committee on Corrections and Juvenile Justice
Statehouse, Room 151B-S
Topeka, Kansas 66612
Dear Representative Jennings:
SUBJECT: Fiscal Note for HB 2147 by House Committee on Corrections and Juvenile
Justice
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2147 is
respectfully submitted to your committee.
HB 2147 would allow an offender early discharge from prison if serving a sentence for a
severity level 2 through level 5 drug crime. An offender would be allowed to apply to the Prisoner
Review Board, which may grant early release, probation, or assignment to community correctional
services if the offender has successfully served 50.0 percent of the prison part of the original sentence.
The Prisoner Review Board would be required to review each case and could approve the application
and grant release. The Board could not approve the application unless it determines the offender does
not represent a future risk to public safety. The bill would also specify what the Board must consider
when reviewing an application.
If the offender is released, the Board could establish conditions related to the release. The bill
would make the Board’s decision final and not subject to review. If a released offender fails to comply
with a condition of release, probation, or assignment to a community correctional services program, or
if the Board concludes that the offender presents a threat or risk to public safety, the release would be
subject to revocation. The bill would give the district court in which the offender was sentenced
jurisdiction over the offender for future proceedings. The bill would also add a provision that the court
may revoke probation, assignment to community corrections, suspension of sentence, or a nonprison
sanction if the offender is on probation or assignment to community correctional services after having
been release from custody.
The Kansas Sentencing Commission estimates that enactment of HB 2147 would result in
a decrease of 59 adult prison beds in FY 2022. By the end of FY 2031, 209 fewer prison beds
would be needed. The current estimated available bed capacity is 9,420 for males and 948 for
The Honorable Russell Jennings, Chairperson
Page 2—HB 2147

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 Department of Corrections estimates the bill would result in an increase of 450
hearings each year for the Prisoner Review Board to review applications. The Department also
notes that the bill could increase the number of offenders being supervised by local community
corrections programs if they are released from incarceration as a result of the bill. The Department
indicates that the enactment of the bill could require additional resources because local community
corrections programs are funded by grants administered by the Department. Any additional
resources would offset potential savings generated by the reduction in inmate population.
However, a fiscal effect cannot be determined.
The Office of Judicial Administration indicates that enactment of the bill would require
district courts to hold additional court hearings. This would increase the time spent by district
court judicial and nonjudicial personnel in processing, researching, and hearing cases. However,
a fiscal effect cannot be determined because the number of additional hearings cannot be estimated.
Any fiscal effect associated with HB 2147 is not reflected in The FY 2022 Governor’s Budget
Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Scott Schultz, Sentencing Commission
Debbie Thomas, Judiciary
Randy Bowman, Corrections


Statutes affected:
As introduced: 22-3716