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 16, 2022


The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
Statehouse, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 365 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 365 is
respectfully submitted to your committee.
Under current law, a court has discretion regarding whether to order a first-time offender
to undergo a domestic violence offender assessment, which is conducted by a certified batterer
intervention program. The bill would require the court to order a first-time offender to undergo an
assessment as a condition of any grant of probation, suspension of sentence or parole, or of any
other release. If a person is convicted of a crime with a domestic violence offender designation,
and the court orders a domestic violence offender assessment, the court would be required to
provide to the certified batterer intervention program completing the assessment a copy of the
charging affidavit, complaint, information, or indictment and other documents the court
determines are relevant to the completion of the assessment.
The bill would specify that if a diversion agreement relates to a domestic violence offense,
the required domestic violence offender assessment would be conducted by a certified batterer
intervention program and would also require the prosecutor to provide to the program completing
the assessment a copy of the complaint and any other documents the prosecutor determines are
relevant to the completion of the assessment. If a court orders a domestic violence offender
assessment as part of a proceeding related to legal custody, residency, or visitation of minor
children, the court would be required to provide to the certified batterer intervention program
completing the assessment a copy of any affidavit, petition, pleading, motion, order, and other
documents the court determines are relevant to the completion of the assessment.
The Honorable Kellie Warren, Chairperson
Page 2—SB 365

The Office of Judicial Administration states enactment of SB 365 could have a fiscal effect
on Judicial Branch operations because the bill’s provisions would require district court clerks and
court service officers to locate and provide relevant documents to the certified batterer intervention
programs. According to the Office, a fiscal effect cannot be estimated until the Judicial Branch
has had an opportunity to operate under the bill’s provisions. Any fiscal effect associated with SB
365 is not reflected in The FY 2023 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary
Scott Schultz, Sentencing Commission
Randy Bowman, Corrections


Statutes affected:
As introduced: 21-5414, 21-6604, 22-2909, 23-3203