SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2361
As Recommended by Senate Committee on
Judiciary

Brief*
Senate Sub. for HB 2361 would create law requiring the
Kansas Supreme Court (Court) to adopt rules for
establishment and operation of specialty court programs
within the State. The bill would allow the chief judge of a
judicial district to establish a specialty court program in
accordance with the rules adopted by the Court.

Definition
The bill would define “specialty court” to mean a district
court program that uses therapeutic or problem-solving
procedures to address underlying factors that may be
contributing to a person’s involvement in the judicial system,
including, but not limited to, mental illness or drug, alcohol, or
other addictions. Procedures may include treatment,
mandatory periodic testing for prohibited drugs or other
substances, community supervision, and appropriate
sanctions and incentives.

Specialty Court Funding Advisory Committee
The bill would establish the Specialty Court Funding
Advisory Committee (Committee) within the judicial branch.


____________________
*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
 The bill would require the Committee to:
● Evaluate resources available for assessment and
treatment of people assigned to specialty courts or
for the operation of specialty courts;
● Secure grants, funds, and other property and
services necessary or advantageous to facilitate
the operation of specialty courts;
● Recommend to the Judicial Administrator the
allocation of resources among the various specialty
courts operating within the state; and
● Recommend legislation and rules to aid in
development of specialty courts.
Advisory Committee Membership
The bill would provide that the Committee would consist
of the following members:
● The Chairperson of the House Committee on
Judiciary or designee;
● The Chairperson of the Senate Committee on
Judiciary or designee;
● The Chairperson of the Legislative Budget
Committee or designee;
● One member of the Legislature from the minority
party appointed jointly by the Minority Leader of the
House of Representatives and the Minority Leader
of the Senate;
● Five members appointed by the Chief Justice of
the Court (Chief Justice), including one prosecutor
and one criminal defense attorney; and

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 ● The following ex officio, nonvoting members:
○ One member appointed by the Secretary of
Corrections;
○ One member appointed by the Secretary for
Aging and Disability Services; and
○ One drug and alcohol addiction treatment
provider appointed by the Kansas Sentencing
Commission.
Membership Terms
The bill would specify the following membership terms:
● Three members appointed by the Chief Justice
would be appointed for a term of three years;
● Two members appointed by the Chief Justice
would be appointed for a term of two years; and
● The ex officio, nonvoting members would be
appointed for a term of two years.
Vacancies and Appointment Date
The bill would further specify that members would serve
until a qualified successor is appointed and vacancies would
be filled in the same manner as provided by the bill. The bill
would require members to be appointed prior to August 1,
2021.
Committee Chairperson, Technical Assistance
The bill would require the Chief Justice to designate the
chairperson of the Committee and would specify that the
Office of Judicial Administration (OJA) may provide technical
assistance to the Committee.

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Committee Member Compensation
The bill would specify that all members of the Committee
who are not judicial members shall receive compensation,
travel expenses, and subsistence expenses or allowances as
provided in continuing law. Judicial members would receive
reimbursement for travel expenses and subsistence
expenses or allowances as provided in continuing law.

Specialty Court Funding
The bill would provide that any judicial district, local
government, or the Judicial Branch is not prohibited from
directly applying for, receiving, and retaining funding to
facilitate the operation of specialty courts. The bill would not
require funds received by a judicial district or local
government to be remitted to the State Treasurer.
Specialty Court Resources Fund
The bill would create the Specialty Court Resources
Fund (Fund) in the State Treasury, to be administered by the
Judicial Administrator. The bill would direct all expenditures
from the Fund to be for the purpose of operating specialty
court programs established pursuant to the bill, including
administrative costs related to such programs. The bill would
specify that all expenditures from the Fund shall be made in
accordance with appropriation acts upon warrants of the
Director of Accounts and Reports issued pursuant to
vouchers approved by the Judicial Administrator or designee.
The bill would further specify the funds acquired through
appropriations, grants, gifts, contributions, and other public or
private sources that are designated for specialty court
operations shall be remitted to the State Treasurer in
accordance with continuing law, and upon receipt of each
remittance, the State Treasurer would deposit the entire
amount into the State Treasury to the credit of the Fund.

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Completion of a Specialty Courts Program
The bill would provide a sentence may be reduced or
modified for a person sentenced to participate in a specialty
courts program who successfully completes the program. The
bill would further clarify that the bill shall not be construed to
authorize a judge to impose, modify, or reduce a sentence
below the minimum sentence required by law.
The bill would make a corresponding change to a
sentencing statute to allow a judge to order a person who has
been found guilty of a crime to participate in the specialty
court program, as provided for in the bill.

Expungement
The bill would provide that, subject to certain exceptions
in continuing law, any person who has completed the
requirements of a specialty court program established
pursuant to the bill may petition the district court for
expungement of the conviction and related arrest records.
The bill would allow the court to waive all or part of the docket
fee imposed for filing such a petition.
The bill would amend law that directs a court to order a
petitioner’s arrest record, conviction, or diversion expunged
and to expunge such records if no felony proceeding is
presently pending or being instituted against the petitioner.
Continuing law also requires that the circumstances and
behavior of the petitioner warrant expungement and the
expungement is consistent with the public welfare.

Technical and Conforming Amendments
The bill would make a technical amendment to specify
certain restitution provisions of continuing law are procedural
in nature and are to be applied retroactively.

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 The bill would make further technical and conforming
amendments to ensure consistency in statutory phrasing.

Background
The bill was introduced by the 2021 House Committee
on Corrections and Juvenile Justice at the request of
Representative Jennings, who stated the request was on
behalf of the Kansas Criminal Justice Reform Commission
(KCJRC).

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 23, 2021,
proponent testimony was provided by the Chief Judge of the
23rd Judicial District who stated he was chairperson of the
KCJRC subcommittee on specialty courts. He described the
drug court in his judicial district and stated other judicial
districts have shown an interest in establishing a similar
program.
Written-only proponent testimony was provided by a
representative of the OJA. No other testimony was provided.

Senate Committee on Judiciary
In the Senate Committee hearing on March 25, 2021,
representatives of the Kansas District Judges Association and
OJA testified as proponents of the bill. The Chief Judge of
the 23rd Judicial District and a representative of the Kansas
County and District Attorneys Association provided written-
only proponent testimony. No other testimony was provided.
On February 8, 2022, the Senate Committee
recommended a substitute bill with the same substantive
provisions but with the underlying statutes updated to reflect
amendments made by other legislation in the 2021 Session.

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Fiscal Information
According to the fiscal note dated February 23, 2021,
prepared by the Division of the Budget on the bill, as
introduced, OJA states enactment of the bill would have a
negligible fiscal effect on the Judicial Branch. The Kansas
Sentencing Commission (Commission) states enactment
could have an effect on prison admissions and beds;
however, the fiscal effect could not be estimated. The bill
would not have an effect on the workload of the Commission.
Legislative Administrative Services (LAS) estimates
enactment of the bill would result in additional costs to the
Legislature for FY 2022 of approximately $8,587 from the
State General Fund. These costs would be for 4 legislators
attending 4 meetings, with $1,419 for salaries and wages,
$2,416 for subsistence, $2,240 for mileage, $96 for tolls, and
$2,416 for en route days. LAS notes if any Committee
meetings are held during the Legislative Session, on days
legislators are already being paid, those members would not
receive any reimbursement, pursuant to the bill.
The Department of Corrections states there would be no
fiscal effect on its operations if the bill is enacted. The Kansas
Department for Aging and Disability Services estimates any
fiscal effect resulting from enactment of the bill would have a
negligible fiscal effect on agency operations.
The Kansas Association of Counties states enactment of
the bill could have a fiscal effect on any Kansas counties that
establish a specialty court and there could be costs
associated; however, the Fund could offset some of those
costs.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Drug court; mental health court; specialty courts; veterans court


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Statutes affected:
As introduced: 21-6604, 21-6614
S Sub for: 21-6604, 21-6614
Enrolled: 20-3127, 21-6604, 21-6614