SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2073
As Amended by House Committee on
Corrections and Juvenile Justice

Brief*
HB 2073, as amended, would amend law regarding
juvenile fines and fees assessed in actions brought pursuant
the Revised Kansas Juvenile Justice Code (Code).

Prohibition and Elimination of Fines and Fees (New
Section 1)
The bill would prohibit all fines, fees, costs, court
expenses, reimbursements, or other financial obligations
(fines and fees) from being ordered, assessed, or sought
against a juvenile or a juvenile’s parent, guardian, or
custodian in an action under the Code.
On and after July 1, 2023, any outstanding court-
ordered fines and fees that were ordered, assessed, or
sought against a juvenile or a juvenile’s parent, guardian, or
custodian to be assessed during an action under the Code
would be discharged and not be collected. The bill would
specify that the elimination of fines and fees pursuant to the
bill would include those fines and fees that are currently being
collected utilizing a contracting agent.


____________________
*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
Types of Fines and Fees (Sections 2-11, 13, 18, 23, and
27)
The bill would amend statutes governing the following
fines and fees to provide that no fee should be assessed to
juveniles in any action under the Code for:
● Fingerprinting fees;
● County law library fees;
● House arrest supervision costs;
● Juvenile adjudication offender registration fees;
● Docket fees that are deposited in the Prosecuting
Attorneys’ Training Fund to fund the costs of non-
judicial personnel;
● Forensic science fees;
● Expenses related to appointed attorney
representation in proceedings under the Code;
● Docket fees or non-judicial personnel fees for a
petitioner filing for expungement;
● Counseling or testing fees;
● Mental health evaluation and treatment and post-
adjudication assessment tool costs;
● Appeals fees and expenses, including transcripts
and records; and
● DNA database fees.


2- 2073
Juvenile Care and Custody (Sections 12, 14, 17, and 20)
The bill would provide that the expenses for the care
and custody of a juvenile, including house arrest and
evidence-based programs under the Code, would not be
assessed to the juvenile’s parent, guardian, or custodian if
the juvenile is placed out of the home. The bill would remove
the current requirement that a court complaint contain a
request that the parents of a juvenile be ordered to pay child
support if the juvenile is removed from the home. The bill
would provide that the juvenile’s parents would not be
ordered to pay child support if the juvenile is removed from
the home for competency evaluation and treatment under the
Code.

Inability to Pay Fines and Fees / Sentencing Alternatives
(Sections 15 and 19)
The bill would amend current law to provide that no
juvenile would be placed in detention solely due to
nonpayment of any fines, fees, court costs, or restitution. The
bill would provide that no financial terms or conditions
including fines, fees, cost, and child support would be
assessed to a juvenile or the juvenile’s parent, guardian, or
custodian for participation in:
● Community-based programming;
● Out-of-home placements;
● House arrest programs;
● Drug or alcohol testing;
● Electronic monitoring; or
● Remote alcohol monitoring.


3- 2073
Technical Changes (Sections 21 and 24)
The bill would make technical changes to align statutory
cross-references regarding reintegration plans, the restriction
on non-foster home beds in youth residential facilities, and
juvenile correctional facility placements.

Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of Justice Action Network.

House Committee on Corrections and Juvenile Justice
In the House Committee hearing on January 26, 2023,
representatives of the American Civil Liberties Union of
Kansas, Americans for Prosperity Kansas, Institute for
Justice, Kansas Appleseed Center for Law and Justice,
Justice Action Network, and Progeny Destination Innovation
testified as proponents on the bill.
Representatives of Americans for Prosperity, Board of
Indigent Services Legislative Committee, Juvenile Law
Center, Kansas Action for Children, Kansas Advisory Group
Executive Committee, The Gault Center, and a private citizen
provided written-only proponent testimony.
No other testimony was provided.
The House Committee amended the bill to add language
clarifying that the prohibition on fines and fees include those
that are currently being sought by collection agencies. The
House Committee also adopted an amendment to allow
certain persons to have access to expunged case files
regarding restitution collection.


4- 2073
Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, as introduced, the Office of Judicial
Administration (OJA) estimates enactment of the bill would
result in negligible effect on expenditures and revenues of the
Judicial Branch and would decrease revenues to the State
General Fund. OJA offered the total amounts of juvenile fees
assessed from FY 2016 through FY 2021: FY 2016 -
$653,344; FY 2017 - $621,625; FY 2018 - $548,970; FY 2019
- $550,925; FY 2020 - $495,301, and FY 2021 - $301,809.
The Kansas Sentencing Commission and Department of
Corrections estimate enactment of the bill would not have a
fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Revised Kansas Juvenile Justice Code; fines; fees; costs; court expenses;
reimbursements; collections; assessments


5- 2073


Statutes affected:
As introduced: 12-16, 20-3129, 21-6609, 22-4905, 28-170, 28-170a, 28-176, 28-177, 38-2306, 38-2312, 38-2315, 38-2317, 38-2328, 38-2331, 38-2346, 38-2348, 38-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-2384, 38-2389, 38-2380, 38-2396, 38-2399, 75-724, 20-167
As Amended by House Committee: 12-16, 20-3129, 21-6609, 22-4905, 28-170, 28-170a, 28-176, 28-177, 38-2306, 38-2312, 38-2315, 38-2317, 38-2328, 38-2331, 38-2346, 38-2348, 38-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-2384, 38-2389, 38-2380, 38-2396, 38-2399, 75-724, 20-167