SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2021
As Amended by Senate Committee on Judiciary
Brief*
HB 2021, as amended, would amend law regarding the
provision of services to children in the child welfare and
juvenile justice systems by requiring the Kansas Department
of Corrections (KDOC), the Department for Children and
Families (DCF), and the Judicial Branch to collaborate when
providing services. The bill would also amend law concerning
the use of funds from the Evidence-based Programs Account
(Account) of the State General Fund. The bill would also
make technical changes.
Collaboration Between Agencies (Sections 1 and 2)
The bill would amend the Revised Code for Care of
Children (CINC Code) and the Juvenile Code to require, if a
child, juvenile, or juvenile offender is eligible to receive
services from DCF, KDOC, or the Judicial Branch, that these
agencies collaborate to provide such services. The bill would
state that nothing in the CINC Code provision or in the
Juvenile Code would preclude the eligible child from
accessing services by the listed agencies or any other state
agency if the child is otherwise eligible for services.
In the Juvenile Code, this provision would replace an
existing provision requiring collaboration between KDOC and
the Secretary for Children and Families to furnish services.
____________________
*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 Amendments to Evidence-based Programs Account
(Section 3)
The bill would amend law governing the Account to
expand allowable expenditures to include evidence-based
community programs and practices for:
●Juvenile offenders and their families; and
●Grants under provisions described below.
The bill would expand those eligible to administer such
programs and practices to include:
●Community mental health centers;
●Community health centers;
●The Youth Advocate Program;
●Jobs for America’s Graduates—Kansas Transition
Services; and
●Any other community-based service provider
offering evidence-based community programs.
The bill would require the Secretary of Corrections to
develop and implement a grant program with the goal of
implementing evidence-based community programs
throughout the state, subject to the availability of funding in
the Account after other expenditures for evidence-based
programs are made. The Secretary would be required to
adopt grant requirements and to evaluate grant-funded
programs to ensure the program is being delivered as
intended. Any provider of evidence-based community
programs for juveniles could apply for a grant, and priority
would be given to any county that demonstrates low
availability of evidence-based community programs for
juveniles. Child welfare case management providers would
not be eligible to receive grants through the Account.
2- 2021 The bill would require expenditures made from the
Account to be made promptly and on a rolling basis to
develop and implement evidence-based community programs
as services are needed throughout the state.
Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representative Owens.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on January 30, 2023,
representatives of the Children’s Alliance of Kansas (CAK),
Kansas Association of Court Services Officers (KACSO),
Kansas Community Corrections Association, (KCCA), KVC
Kansas, Saint Francis Ministries, the Board of Sedgwick
County Commissioners, and a private citizen testified as
proponents of the bill. The proponents stated the bill would
foster greater communication between agencies and
maximize resources for juveniles and their families.
Written-only proponent testimony was provided by
representatives of the Association of Community Mental
Health Centers of Kansas (ACMHCKS); Kansas Association
of Chiefs of Police, Kansas Peace Officers Association, and
Kansas Sheriffs Association; TFI Family Services, Inc.; and a
private citizen.
A representative of KDOC and DCF provided written-
only neutral testimony.
Opponent testimony was provided by a representative
of Kansas Appleseed and four private citizens. The
opponents generally stated that studies have proven more
detention for juveniles is detrimental to their future, and many
3- 2021 juveniles get held in contempt of court for angering the adults
involved in the court system.
Written-only opponent testimony was provided by
representatives of ACLU–Kansas, Destination Innovation,
Inc., Justice Action Network, Juvenile Law Center, Kansas
Advisory Group Executive Committee, and The Gault Center.
The House Committee amended the bill to remove
technical violations of probation from those instances when a
judge may commit a juvenile to detention for a probation
violation. Additionally, the Committee amended the bill to
allow KDOC to contract with an entity for the electronic record
system, and the system would include a verification system
operated by KDOC to verify authenticity and validity of
electronic records.
Senate Committee on Judiciary
In the Senate Committee hearing on March 8, 2023, the
Sedgwick County District Attorney, a private citizen, and
representatives of the Board of Sedgwick County
Commissioners, CAK, FosterAdopt Connect, KACSO, KVC
Kansas, O’Connell Children’s Shelter, Saint Francis
Ministries, and TFI Family Services provided proponent
testimony, stating the enactment of SB 367 has had
unintended consequences, as the behaviors of the juvenile
offender population cannot be addressed properly by the
child welfare system. [Note: SB 367 created and amended
law related to the Kansas Juvenile Justice System during the
2016 Legislative session with a majority of the reforms
effective July 1, 2017.]
Written-only proponent testimony was provided by a
representative of ACMHCKS, a representative of the Kansas
Chiefs of Police, Kansas Peace Officers Association, and
Kansas Sheriffs Association, and a private citizen.
4- 2021 On March 9, 2023, the Senate Committee continued the
hearing on the bill. Opponent testimony was provided by a
retired district court judge, a private citizen, and
representatives of Kansas Appleseed Center for Law and
Justice and Progeny Kansas. The opponents generally stated
there is no evidence that the proposals in the bill are needed.
Written-only opponent testimony was provided by
representatives of the American Civil Liberties Union of
Kansas, Juvenile Justice Oversight Committee, Juvenile Law
Center, Kansas Advisory Group, and Progeny & Destination
Innovation, and The Gault Center.
Written-only neutral testimony was provided by
representatives of DCF, Kansas Children’s Service League,
and KDOC.
The Senate Committee amended the bill to:
●Remove a new section of law requiring the
Secretary of Corrections and Secretary for Children
and Families to enter into memorandums of
understanding to coordinate certain risk and needs
assessments;
●Revert sections of law in the Juvenile Code
concerning sentencing alternatives, overall case
length limits, and community-based graduated
responses for technical violations of probation,
conditional release, and conditions of sentence to
current law;
●Revert a section of law concerning KDOC’s
authority to exchange confidential data in the
juvenile justice system to current law;
●Remove language referencing risk and needs
assessments that would no longer be required by
the bill;
5- 2021 ●Expand the list of providers that may administer
evidence-based community programs and
practices;
●Clarify available funding in the Account to develop
and implement a statewide grant program by the
Secretary of Corrections would be determined after
other expenditures for evidence-based programs
are made; and
●Add a provision stating child welfare case
management providers would not be eligible to
receive grants through the Account.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, KDOC indicates
enactment of the bill would require additional costs that the
agency is unable to estimate. Additional expenditures would
come from training DCF staff to administer risk and needs
assessments, additional children served by funded grant
programs, increased sentence lengths resulting in increased
community corrections caseloads, design and development of
new information technology systems or additional
functionality to current systems, and increased administrative
costs for staffing to manage more grants and grantees. The
additional expenditures would be paid from the current
balance of the Account or a new State General Fund
appropriation if the Account balance is unavailable.
DCF indicates enactment of the bill would not increase
agency expenditures for the risk and needs assessment tool
since it is available from KDOC. If the use or licensing of the
risk and needs assessment tool is required, then the agency
indicates that approximately 600 youth would be affected,
and the associated costs would be added to the foster care
program budget as part of the consensus caseload budget
6- 2021 process. It is estimated that those increases could range
between $6,000 to $15,000 per family from all funding
sources, including $3,000 to $7,500 from the State General
Fund.
The Office of Judicial Administration indicates enactment
of the bill could potentially increase expenditures due to the
increase in workload for court services officers to perform risk
and needs assessments and any associated costs for
providing the assessments. The Office could not estimate a
fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Children in need of care; juvenile offenders; risk and needs assessment; case length;
detention; evidence-based programs; evidence-based programs account;
Department for Children and Families; Department of Corrections; Judicial Branch
7- 2021