SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2146
As Amended by House Committee on
Corrections and Juvenile Justice
Brief*
HB 2146, as amended, would amend the statutes
governing sentencing for drug crimes, including the adoption
of a drug sentencing grid with expanded ranges for
presumptive probation and border boxes; would amend
sentencing ranges in certain grid boxes; and would extend
eligibility for the 2003 SB 123 drug abuse treatment program
to certain offenders.
Sentencing Guidelines
[Note: Under continuing law, Kansas’ sentencing
guidelines for drug crimes utilize a grid structured by the
crime severity level (1 to 5, 1 being the highest severity level)
on one axis and the offender’s criminal history score (A to I, A
being the highest criminal history score) on the other axis to
determine the presumptive sentence for an offense. Each grid
box contains three numbers that provide the sentencing court
a range for sentencing in number of months. The middle
number in the box is the presumed sentence, while the court
has discretion to sentence within the range depending on
aggravating and mitigating factors. Unshaded grid boxes are
designated as presumptive imprisonment for the sentence.
Certain other boxes are designated as presumptive probation
with an underlying prison sentence. Some boxes are
designated as border boxes, which have a presumptive
prison sentence; however, the sentencing court may choose
____________________
*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
to impose an optional nonprison sentence, which would not
constitute a departure.]
[Note: The bill would not change box designations for
severity level 1 and 2 crimes.]
Border Boxes
The bill would designate the following as border boxes:
● Boxes 5-B and 5-C (the current grid designates
boxes 5-C and 5-D as border boxes); and
● Boxes 4-C through 4-F (the current grid designates
boxes 4-E through 4-I as border boxes).
Presumptive Probation
The bill would expand the presumptive probation boxes
in the drug grid by designating:
● Boxes 5-D through 5-I as presumptive probation
(the current grid designates boxes 5-E through 5-I
as presumptive probation); and
● Boxes 4-G through 4-I as presumptive probation
(the current grid does not designate any severity
level 4 boxes as presumptive probation).
Sentencing Ranges
The bill would reduce the potential sentence lengths for
an offender classified in grid boxes 5-A through 5-H and
increase the potential sentence lengths for an offender
classified in grid box 5-I as follows:
● Box 5-A would be reduced from a range of 42-37
months to a range of 36-32 months;
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● Box 5-B would be reduced from a range of 36-32
months to a range of 30-26 months;
● Box 5-C would be reduced from a range of 32-28
months to a range of 25-23 months;
● Box 5-D would be reduced from a range of 26-23
months to a range of 22-18 months;
● Box 5-E would be reduced from a range of 22-18
months to a range of 18-16 months;
● Box 5-F would be reduced from a range of 18-16
months to a range of 16-14 months;
● Box 5-G would be reduced from a range of 16-14
months to a range of 14-12 months;
● Box 5-H would be reduced from a range of 14-12
months to a range of 13-11 months; and
● Box 5-I would be increased from a range of 12-10
months to a range of 13-11 months.
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Current Drug Grid
[Key: Dark gray designates presumptive probation; light gray designates a border box; white designates
presumptive imprisonment.]
Category A B C D E F G H I
→
Severity 3 + Person 2 Person 1 Person & 1 Person 3+ 2 Nonperson 1 Nonperson 2 + Misde- 1 Misde-
Felonies Felonies 1 Nonperson Felony Nonperson Felonies Felony meanors meanor;
Level Felonies Felonies No Record
↓
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3 83/78/74 77/73/68 72/68/65 68/64/60 62/59/55 59/56/52 57/54/51 54/51/49 51/49/46
4 51/49/46 47/44/41 42/40/37 36/34/32 32/30/28 26/24/23 23/22/20 19/18/17 16/15/14
5 42/40/37 36/34/32 32/30/28 26/24/23 22/20/18 18/17/16 16/15/14 14/13/12/ 12/11/10
Proposed Changes to the Drug Grid
[Key: Dark gray designates presumptive probation; light gray designates a border box; white designates
presumptive imprisonment.]
Category A B C D E F G H I
→
Severity 3 + Person 2 Person 1 Person & 1 Person 3+ 2 Nonperson 1 Nonperson 2 + Misde- 1 Misde-
Felonies Felonies 1 Nonperson Felony Nonperson Felonies Felony meanors meanor;
Level Felonies Felonies No Record
↓
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3 83/78/74 77/73/68 72/68/65 68/64/60 62/59/55 59/56/52 57/54/51 54/51/49 51/49/46
4 51/49/46 47/44/41 42/40/37 36/34/32 32/30/28 26/24/23 23/22/20 19/18/17 16/15/14
5 36/34/32 30/28/26 25/24/23 22/20/18 18/17/16 16/15/14 14/13/12 13/12/11 13/12/11
2003 SB 123
The bill would expand eligibility for the nonprison
sanction of placement in a certified drug abuse treatment
program (2003 SB 123 drug abuse treatment program).
Eligibility would be expanded from offenders convicted
of a drug severity level 4 possession offense with a criminal
history of E or lower to also include offenders convicted of a
drug severity level 4 possession offense with a criminal
history of C or D and offenders convicted of a level 3
possession offense with a criminal history of G or lower who
have not been convicted of certain other crimes.
[Note: Under continuing law, an offender is classified as
having a criminal history level of C if the offender does not
have more than one person felony and at least one
nonperson felony. An offender is classified as having a
criminal history level of D if the offender does not have more
than one person felony. An offender is classified as having a
criminal history level of G if the offender has one nonperson
felony but has not been convicted of a person felony.]
The bill would also remove the requirement that
offenders convicted of a drug severity level 5 possession
offense with a criminal history of B or higher only be eligible
for treatment if the court finds that the safety of the members
of the public will not be jeopardized by placement in a drug
abuse treatment program and that the offender’s criminal
history does not include convictions of certain person felonies
or nongrid offenses for nondrug crimes.
Under continuing law, an offender is classified as having
a criminal history level of B if the offender has been convicted
of at least two person felonies.
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Technical Amendments
The bill would make technical amendments to ensure
consistency in statutory phrasing.
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 (Commission).
The bill 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 10, 2021,
proponent testimony was presented by representatives of
the American Civil Liberties Union of Kansas, the Council of
State Governments, the Kansas Department of Corrections,
and the Commission. Proponents stated the proposed
changes to the sentencing grid would reflect current practices
in sentencing and would help reduce beds needed in state
correctional facilities.
Opponent testimony was presented by a representative
of the Johnson County Sheriff’s Office and a representative of
the Kansas Association of Chiefs of Police, Kansas Peace
Officers Association, and the Kansas Sheriffs Association.
The opponents stated their concern that plea bargains would
result in shorter sentences and the current level of judicial
discretion is appropriate.
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The House Committee amended the bill by
redesignating certain grid boxes and amending the
sentencing range in certain boxes.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration (OJA) indicates enactment of the bill would
increase expenditures by the Judicial Branch, as it would
require court services officers to complete additional pre-
sentence investigations and assessments and supervise
more offenders. OJA indicates the bill could also increase
revenues to the Judicial Branch from the collection of
additional supervision fees. However, a fiscal effect on
expenditures by and revenues to the Judicial Branch cannot
be estimated.
According to the Prison Bed Impact Statement prepared
by the Commission on the bill, as introduced, enactment of
the bill would result in the decreased use of 295 adult prison
beds in FY 2022 and 452 prison beds in FY 2031. 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 Department of Corrections estimates the reduction in
beds would reduce expenditures by $314,408 for FY 2022.
The Commission estimates the bill would increase the
number of probationers by 301 probationers in FY 2022 and
329 probationers in FY 2031. The Commission estimates the
cost to the 2003 SB 123 drug abuse treatment program will
be $378,392 for FY 2022 and $382,176 for FY 2023. The
Commission reports this assessment is based on the average
cost of treatment of $3,143 per offender in FY 2019.
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[Note: See below for the Commission’s updated prison
bed impact statement.]
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
According to the Commission’s prison bed impact
assessment updated to reflect the House Committee
amendment, the bill as amended would reduce 242 prison
admissions in FY 2022 and 265 prison admissions in FY
2031. The bill would reduce the use of 228 prison beds in FY
2022 and 277 prison beds in FY 2031. The bill would
increase the number of probationers by 242 probationers in
FY 2022 and 265 probationers in FY 2031. The bill would
result in no additional journal entry workload of the
Commission. The bill would increase the cost of the 2003 SB
123 drug treatment program by $302,242 for FY 2022 and
$333,158 for FY 2031 based on the annual average cost of
$3,143 per offender in FY 2019.
Certified drug treatment; drug grid; 2003 SB 123 Program; sentencing guidelines
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Statutes affected: As introduced: 21-6805, 21-6824, 21-5706, 21-5713
As Amended by House Committee: 21-6805, 21-6824, 21-5706, 21-5713