SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2374
As Recommended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2374 would amend law related to eligibility for the
nonprison sanction of placement in a certified drug abuse
treatment program (2003 SB 123 Program) and placement in
a community corrections supervision program.

2003 SB 123 Program
The bill would amend a provision related to the
assignment of a risk status by a criminal risk-need
assessment to remove a requirement that the assessment
assign either a high or low risk status.
The bill would also remove a requirement that an
offender be assigned a high risk status on the drug abuse
assessment and a moderate or high risk status on the
criminal risk-need assessment in order to participate in the
2003 SB 123 Program. The bill would require the Kansas
Sentencing Commission (Commission) to determine the
criteria for participation in the 2003 SB 123 Program.

Community Corrections Services Program
Continuing law allows for assessment of certain felony
offenders by a standardized risk assessment tool specified by
the Commission, and for placement of certain felony
offenders in a community corrections services program that
____________________
*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
provides supervision, treatment, and other services to
offenders.
The bill would allow the Commission to determine an
appropriate risk level for placement in the program, and
would remove the requirement that offenders be assigned
certain risk levels in order to participate.

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 Commission.
HB 2374 was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Commission.

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 23, 2021,
a representative of the Commission provided proponent
testimony, stating the Commission is in the process of
implementing new probation assessments and the change
would help facilitate implementation of the new assessments.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, the Commission indicates enactment of the bill
could impact prison admissions, prison beds, or the workload
of the Commission, but a fiscal effect cannot be estimated.
The Office of Judicial Administration indicates the bill
could change the number of people going to community
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corrections or court services. However, a fiscal effect cannot
be estimated.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Certified drug abuse treatment; Kansas Sentencing Commission; risk level; SB 123


3- 2374


Statutes affected:
As introduced: 75-5291, 21-6824