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 23, 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 2318 by House Committee on Corrections and Juvenile
Justice
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2318 is
respectfully submitted to your committee.
HB 2318 would modify the definition of “persistent sex offender” to clarify the number of
previous certain convictions needed to qualify as a persistent sex offender. The bill would also
amend which offenders convicted of sexually violent crimes would be subject to mandatory
lifetime post-release supervision. The bill would allow the early discharge for certain offenders
subject to lifetime supervision. The bill would allow the prisoner review board to provide early
discharge upon petition and payment of restitution by the offender. The bill would also define who
must be served with notice of such a petition, the level of proof needed, and that offenders would be
prohibited from filing subsequent petitions for five years from the date of a denial.
The Kansas Sentencing Commission estimates that enactment of HB 2318 would result in
a decrease of 11 adult prison beds by the end of FY 2022. By the end of FY 2023, 17 fewer beds
would be needed. 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 indicates that the reduction in prison population would
not be sufficient to reduce current prison expenditures. The Department notes that the reduction
would be beneficial towards avoiding future prison costs and would improve the ability to socially
distance inmates to help mitigate the spread of the coronavirus in the facility, staff working at the
facility, and inmates released into the community.
The Honorable Russell Jennings, Chairperson
Page 2—HB 2318

The Office of Judicial Administration indicates that enactment of the bill would have a
negligible fiscal effect that could be absorbed within existing resources. Any fiscal effect
associated with HB 2318 is not reflected in The FY 2022 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

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

Statutes affected:
As introduced: 22-3717, 21-6804