Session of 2021
HOUSE BILL No. 2361
By Committee on Corrections and Juvenile Justice
2-11

1 AN ACT concerning courts; relating to specialty courts; authorizing the
2 supreme court to adopt rules related thereto; establishing the specialty
3 court funding advisory committee and the specialty court resources
4 fund; amending K.S.A. 2020 Supp. 21-6604 and 21-6614 and repealing
5 the existing sections.
6
7 Be it enacted by the Legislature of the State of Kansas:
8 New Section 1. (a) The supreme court shall adopt rules for the
9 establishment and operation of one or more specialty court programs
10 within the state. The chief judge of a judicial district may establish a
11 specialty court program in accordance with the rules adopted by the
12 supreme court.
13 (b) (1) There is hereby established a specialty court funding advisory
14 committee within the judicial branch. The committee shall:
15 (A) Evaluate resources available for assessment and treatment of
16 people assigned to specialty courts or for the operation of specialty courts;
17 (B) secure grants, funds and other property and services necessary or
18 advantageous to facilitate the operation of specialty courts;
19 (C) recommend to the judicial administrator the allocation of
20 resources among the various specialty courts operating within the state;
21 and
22 (D) recommend legislation and rules to aid the development of
23 specialty courts.
24 (2) The committee shall consist of the following members:
25 (A) The chairperson of the standing committee on judiciary in the
26 house of representatives, or the chairperson's designee;
27 (B) the chairperson of the standing committee on judiciary in the
28 senate, or the chairperson's designee;
29 (C) the chairperson of the legislative budget committee created
30 pursuant to K.S.A. 46-1208, and amendments thereto, or the chairperson's
31 designee;
32 (D) one member of the legislature from the minority party appointed
33 jointly by the minority leader in the house of representatives and the
34 minority leader in the senate;
35 (E) five members appointed by the chief justice of the supreme court,
36 including one representative of the prosecutors throughout the state and
HB 2361 2
1 one representative of the criminal defense attorneys throughout the state;
2 (F) one member appointed by the secretary of corrections who shall
3 serve as an ex officio, nonvoting member;
4 (G) one member appointed by the secretary for aging and disability
5 services who shall serve as an ex officio, nonvoting member; and
6 (H) a drug and alcohol addiction treatment provider appointed by the
7 Kansas sentencing commission who shall serve as an ex officio, nonvoting
8 member.
9 (3) Three members appointed by the chief justice shall be appointed
10 for a term of three years. Two members appointed by the chief justice shall
11 be appointed for a term of two years. The ex officio, nonvoting members
12 shall be appointed for a term of two years. Members shall serve until a
13 qualified successor is appointed. Vacancies shall be filled in the same
14 manner as provided in this subsection. Members of the committee shall be
15 appointed prior to August 1, 2021.
16 (4) The chief justice of the supreme court shall designate the
17 chairperson of the committee.
18 (5) The office of judicial administration may provide technical
19 assistance to the committee.
20 (6) All members of the committee who are not judicial members shall
21 receive compensation, travel expenses and subsistence expenses or
22 allowances as provided in K.S.A. 75-3212, and amendments thereto.
23 Judicial members shall receive reimbursement for travel expenses and
24 subsistence expenses or allowances as provided in K.S.A. 75-3212, and
25 amendments thereto.
26 (7) Nothing in this section shall prohibit any judicial district, local
27 government or the judicial branch from directly applying for, receiving and
28 retaining funding to facilitate the operation of specialty courts. Funds
29 received by a judicial district or local government shall not be remitted to
30 the state treasurer in accordance with this section.
31 (c) (1) There is hereby established the specialty court resources fund
32 in the state treasury which shall be administered by the judicial
33 administrator. All expenditures from the specialty court resources fund
34 shall be for the purpose of operating specialty court programs established
35 pursuant to this section, including administrative costs related to such
36 programs. All expenditures from the fund shall be made in accordance
37 with appropriation acts upon warrants of the director of accounts and
38 reports issued pursuant to vouchers approved by the judicial administrator
39 or the judicial administrator's designee.
40 (2) Funds acquired through appropriations, grants, gifts, contributions
41 and other public or private sources that are designated for specialty court
42 operations shall be remitted to the state treasurer in accordance with the
43 provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
HB 2361 3
1 each such remittance, the state treasurer shall deposit the entire amount
2 into the state treasury to the credit of the specialty court resources fund.
3 (d) (1) If a person is sentenced to participate in a specialty courts
4 program pursuant to K.S.A. 2020 Supp. 21-6604, and amendments thereto,
5 and the person successfully completes such program, the person's sentence
6 may be reduced or modified.
7 (2) Nothing in this subsection shall be construed to authorize a judge
8 to impose, modify or reduce a sentence below the minimum sentence
9 required by law.
10 (e) For the purposes of this section, "specialty court" means a district
11 court program that uses therapeutic or problem-solving procedures to
12 address underlying factors that may be contributing to a person's
13 involvement in the judicial system, including, but not limited to, mental
14 illness or drug, alcohol or other addictions. Procedures may include
15 treatment, mandatory periodic testing for prohibited drugs or other
16 substances, community supervision and appropriate sanctions and
17 incentives.
18 Sec. 2. K.S.A. 2020 Supp. 21-6604 is hereby amended to read as
19 follows: 21-6604. (a) Whenever any person has been found guilty of a
20 crime, the court may adjudge any of the following:
21 (1) Commit the defendant to the custody of the secretary of
22 corrections if the current crime of conviction is a felony and the sentence
23 presumes imprisonment, or the sentence imposed is a dispositional
24 departure to imprisonment; or, if confinement is for a misdemeanor, to jail
25 for the term provided by law;
26 (2) impose the fine applicable to the offense and may impose the
27 provisions of subsection (q);
28 (3) release the defendant on probation if the current crime of
29 conviction and criminal history fall within a presumptive nonprison
30 category or through a departure for substantial and compelling reasons
31 subject to such conditions as the court may deem appropriate. In felony
32 cases except for violations of K.S.A. 8-1567 or 8-2,144, and amendments
33 thereto, the court may include confinement in a county jail not to exceed
34 60 days, which need not be served consecutively, as a condition of an
35 original probation sentence;
36 (4) assign the defendant to a community correctional services
37 program as provided in K.S.A. 75-5291, and amendments thereto, or
38 through a departure for substantial and compelling reasons subject to such
39 conditions as the court may deem appropriate, including orders requiring
40 full or partial restitution;
41 (5) assign the defendant to a conservation camp for a period not to
42 exceed six months as a condition of probation followed by a six-month
43 period of follow-up through adult intensive supervision by a community
HB 2361 4
1 correctional services program, if the offender successfully completes the
2 conservation camp program;
3 (6) assign the defendant to a house arrest program pursuant to K.S.A.
4 2020 Supp. 21-6609, and amendments thereto;
5 (7) order the defendant to attend and satisfactorily complete an
6 alcohol or drug education or training program as provided by K.S.A. 2020
7 Supp. 21-6602(c), and amendments thereto;
8 (8) order the defendant to repay the amount of any reward paid by
9 any crime stoppers chapter, individual, corporation or public entity that
10 materially aided in the apprehension or conviction of the defendant; repay
11 the amount of any costs and expenses incurred by any law enforcement
12 agency in the apprehension of the defendant, if one of the current crimes
13 of conviction of the defendant includes escape from custody or aggravated
14 escape from custody, as defined in K.S.A. 2020 Supp. 21-5911, and
15 amendments thereto; repay expenses incurred by a fire district, fire
16 department or fire company responding to a fire that has been determined
17 to be arson or aggravated arson as defined in K.S.A. 2020 Supp. 21-5812,
18 and amendments thereto, if the defendant is convicted of such crime; repay
19 the amount of any public funds utilized by a law enforcement agency to
20 purchase controlled substances from the defendant during the investigation
21 that leads to the defendant's conviction; or repay the amount of any
22 medical costs and expenses incurred by any law enforcement agency or
23 county. Such repayment of the amount of any such costs and expenses
24 incurred by a county, law enforcement agency, fire district, fire department
25 or fire company or any public funds utilized by a law enforcement agency
26 shall be deposited and credited to the same fund from which the public
27 funds were credited to prior to use by the county, law enforcement agency,
28 fire district, fire department or fire company;
29 (9) order the defendant to pay the administrative fee authorized by
30 K.S.A. 22-4529, and amendments thereto, unless waived by the court;
31 (10) order the defendant to pay a domestic violence special program
32 fee authorized by K.S.A. 20-369, and amendments thereto;
33 (11) if the defendant is convicted of a misdemeanor or convicted of a
34 felony specified in K.S.A. 2020 Supp. 21-6804(i), and amendments
35 thereto, assign the defendant to work release program, other than a
36 program at a correctional institution under the control of the secretary of
37 corrections as defined in K.S.A. 75-5202, and amendments thereto,
38 provided such work release program requires such defendant to return to
39 confinement at the end of each day in the work release program. On a
40 second or subsequent conviction of K.S.A. 8-1567, and amendments
41 thereto, an offender placed into a work release program shall serve the
42 total number of hours of confinement mandated by that section;
43 (12) order the defendant to pay the full amount of unpaid costs
HB 2361 5
1 associated with the conditions of release of the appearance bond under
2 K.S.A. 22-2802, and amendments thereto;
3 (13) order the defendant to participate in a specialty court program
4 pursuant to section 1, and amendments thereto;
5 (14) impose any appropriate combination of (1), (2), (3), (4), (5), (6),
6 (7), (8), (9), (10), (11) and, (12) and (13); or
7 (14)(15) suspend imposition of sentence in misdemeanor cases.
8 (b) (1) In addition to or in lieu of any of the above, the court shall
9 order the defendant to pay restitution, which shall include, but not be
10 limited to, damage or loss caused by the defendant's crime. Restitution
11 shall be due immediately unless: (A) The court orders that the defendant
12 be given a specified time to pay or be allowed to pay in specified
13 installments; or (B) the court finds compelling circumstances that would
14 render restitution unworkable, either in whole or in part. In regard to a
15 violation of K.S.A. 2020 Supp. 21-6107, and amendments thereto, such
16 damage or loss shall include, but not be limited to, attorney fees and costs
17 incurred to repair the credit history or rating of the person whose personal
18 identification documents were obtained and used in violation of such
19 section, and to satisfy a debt, lien or other obligation incurred by the
20 person whose personal identification documents were obtained and used in
21 violation of such section. In regard to a violation of K.S.A. 2020 Supp. 21-
22 5801, 21-5807 or 21-5813, and amendments thereto, such damage or loss
23 shall include the cost of repair or replacement of the property that was
24 damaged, the reasonable cost of any loss of production, crops and
25 livestock, reasonable labor costs of any kind, reasonable material costs of
26 any kind and any reasonable costs that are attributed to equipment that is
27 used to abate or repair the damage to the property. If the court finds
28 restitution unworkable, either in whole or in part, the court shall state on
29 the record in detail the reasons therefor.
30 (2) If the court orders restitution, the restitution shall be a judgment
31 against the defendant that may be collected by the court by garnishment or
32 other execution as on judgments in civil cases. If, after 60 days from the
33 date restitution is ordered by the court, a defendant is found to be in
34 noncompliance with the restitution order, and the victim to whom
35 restitution is ordered paid has not initiated proceedings in accordance with
36 K.S.A. 60-4301 et seq., and amendments thereto, the court shall assign an
37 agent procured by the judicial administrator pursuant to K.S.A. 20-169,
38 and amendments thereto, to collect the restitution on behalf of the victim.
39 The chief judge of each judicial district may assign such cases to an
40 appropriate division of the court for the conduct of civil collection
41 proceedings.
42 (3) If a restitution order entered prior to the effective date of this act
43 does not give the defendant a specified time to pay or set payment in
HB 2361 6
1 specified installments, the defendant may file a motion with the court prior
2 to December 31, 2020, proposing payment of restitution in specified
3 installments. The court may recall the restitution order from the agent
4 assigned pursuant to K.S.A. 20-169, and amendments thereto, until the
5 court rules on such motion. If the court does not order payment in
6 specified installments or if the defendant does not file a motion prior to
7 December 31, 2020, the restitution shall be due immediately.
8 (c) In addition to or in lieu of any of the above, the court shall order
9 the defendant to submit to and complete an alcohol and drug evaluation,
10 and pay a fee therefor, when required by K.S.A. 2020 Supp. 21-6602(d),
11 and amendments thereto.
12 (d) In addition to any of the above, the court shall order the defendant
13 to reimburse the county general fund for all or a part of the expenditures
14 by the county to provide counsel and other defense services to the
15 defendant. Any such reimbursement to the county shall be paid only after
16 any order for restitution has been paid in full. In determining the amount
17 and method of payment of such sum, the court shall take account of the
18 financial resources of the defendant and the nature of the burden that
19 payment of such sum will impose. A defendant who has been required to
20 pay such sum and who is not willfully in default in the payment thereof
21 may at any time petition the court that sentenced the defendant to waive
22 payment of such sum or any unpaid portion thereof. If it appears to the
23 satisfaction of the court that payment of the amount due will impose
24 manifest hardship on the defendant or the defendant's immediate family,
25 the court may waive payment of all or part of the amount due or modify
26 the method of payment.
27 (e) In releasing a defendant on probation, the court shall direct that
28 the defendant be under the supervision of a court services officer. If the
29 court commits the defendant to the custody of the secretary of corrections
30 or to jail, the court may specify in its order the amount of restitution to be
31 paid and the person to whom it shall be paid if restitution is later ordered
32 as a condition of parole, conditional release or postrelease supervision.
33 (f) (1) When a new felony is committed while the offender is
34 incarcerated and serving a sentence for a felony, or while the offender is on
35 probation, assignment to a community correctional services program,
36 parole, conditional release or postrelease supervision for a felony, a new
37 sentence shall be imposed consecutively pursuant to the provisions of
38 K.S.A. 2020 Supp. 21-6606, and amendments thereto, and the court may
39 sentence the offender to imprisonment for the new conviction, even when
40 the new crime of conviction otherwise presumes a nonprison sentence. In
41 this event, imposition of a prison sentence for the new crime does not
42 constitute a departure.
43 (2) When a new felony is committed during a period of time when the
HB 2361 7
1 defendant would have been on probation, assignment to a community
2 correctional services program, parole, conditional release or postrelease
3 supervision for a felony had the defendant not been granted release by the
4 court pursuant to K.S.A. 2020 Supp. 21-6608(d), and amendments thereto,
5 or the pris