SESSION OF 2023
CONFERENCE COMMITTEE REPORT BRIEF
HOUSE BILL NO. 2021
As Agreed to April 6, 2023
Brief*
HB 2021 would create and amend law regarding the assessment of and provision of
services to children in the child welfare and juvenile justice systems; overall case length limits
and community-based graduated sanctions under the Revised Kansas Juvenile Justice Code
(Juvenile Code); exchange of confidential data within the juvenile justice system; and use of
funds from the Evidence-based Programs Account (Account) of the State General Fund. The bill
would also change the criteria used to admit youths to a juvenile crisis intervention center by
adding definitions for “behavioral health crisis” and changing the phrase “mental health crisis” to
“behavioral health crisis” in various statutes.
Risk and Needs Assessments for Children Exhibiting Criminogenic Behaviors
The bill would require, on or before October 1, 2023, the Secretary for Children and
Families to identify an evidence-based risk and needs assessment to administer to children
identified as exhibiting behavior that could lead to juvenile offender charges related to physical
violence, aggression, damage to property, or use of life-threatening drugs during the course of a
Child in Need of Care case (CINC). The bill would direct the Secretary for Children and Families
to administer the assessment and would require the Secretary to collaborate with the Secretary
of Corrections to allow these identified children to participate in programs funded by the
Account. The bill would clarify such assessment would be part of the child’s official CINC file
and could not be admitted to evidence during the course of a proceeding under the Juvenile
Code. The bill would require the Secretary for Children and Families to report on the
implementation of this section, and to provide the assessment used to the Joint Committee on
Corrections and Juvenile Justice Oversight (JCCJJO) on or before January 1, 2024.
Standardized Risk and Needs Assessments for Juvenile Offenders
The bill would direct the Secretary of Corrections to ensure when a juvenile is placed in
detention, the juvenile would:
●Receive a standardized risk and needs assessment within 72 hours, or have
appropriate updates made to such assessment if one has already been conducted;
____________________
*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2021 ●Receive an updated or completed case plan within 48 hours after such assessment
has been conducted or updated; and
●Have access to behavioral health services, mental health services, and substance
use treatment disorder services while in detention.
The bill would require the Secretary of Corrections to coordinate with court services,
community corrections, and juvenile detention centers to provide the services described above
in a timely manner, and for a juvenile in the custody of the Department for Children and Families
(DCF), to coordinate with the Secretary for Children and Families to provide such services. The
cost of assessments conducted or services provided to juvenile offenders could be assessed to
the Kansas Department of Corrections (KDOC).
The bill also would also direct the Secretary of Corrections to collect data regarding these
assessments and services and report findings to JCCJJO before July 1 of each year.
Collaboration Between Agencies
The bill would amend the 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.
Juvenile Code Case Length
The bill would amend the overall case length limits for juvenile offenders. The court would
be able to extend the overall case length limit to allow for completion of an evidence-based
program if the juvenile’s repeated, intentional effort to delay is the reason for failure to complete
the evidence-based program, as reported by the evidence-based services provider. Such
extensions could only be granted incrementally.
Community-based Graduated Sanctions for Violations of Sentence Disposition by
Juveniles
The bill would amend law governing community-based graduated responses to certain
violations of juvenile sentencing dispositions including probation, conditional release, and
condition of sentence by juveniles to require the court services officer or community correctional
services officer to immediately notify the court and submit a written report showing in what
manner the juvenile has violated such sentencing disposition.
The bill would also amend the section to allow a judge to commit a juvenile, who is on
probation, to detention for a probation violation if the judge makes a finding that the juvenile is
demonstrating escalating use of physical violence, aggression, weapons, damage to property,
2 - 2021 or life-threatening substances. The detention period could not exceed 24 hours for the first
violation, 48 hours for the second violation, and 15 days for the third or subsequent violation.
Confidential Data Exchange System
The bill would require KDOC to develop a system, or contract with an entity to develop an
electronic records system not maintained by KDOC, by July 1, 2025, to facilitate the exchange
of confidential information between all parts of the juvenile justice system. The bill would require
any contracted system to include a verification system that is operated by KDOC for the
purpose of verifying the authenticity and validity of electronic records and would specify such
electronic records would have the same legal effect as paper records. KDOC would be required
to report to the JCCJJO, House Committee on Appropriations, Senate Committee on Judiciary,
Senate Committee on Ways and Means, and House Committee on Corrections and Juvenile
Justice on the progress of the development by the first day of the 2024 Legislative Session.
Amendments to Evidence-based Programs Account
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 [Note: Current law does not allow expenditures
for juvenile offenders’ families];
●Juveniles experiencing a behavioral health crisis and their families [Note: Current law
allows expenditures for juveniles experiencing a mental health crisis];
●Children who have been administered a risk and needs assessment and have been
identified as exhibiting criminogenic behaviors as described in the bill; 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 and promising
practices 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
3 - 2021 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.
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.
Definition of Behavioral Health Crisis
This bill would define “behavioral health crisis” in the CINC Code to mean “behavioral and
conduct issues that impact the safety or health of a child, members of the child’s household or
family or members of the community, including, but not limited to, non-life threatening mental
health and substance abuse concerns.” A definition, identical except for the use of the term of
“juvenile” rather than “child,” would be added to the Juvenile Code and to a statute regarding
juvenile crisis intervention centers.
The bill would amend statutes relating to law enforcement officers taking children or
juveniles into custody and the court directing temporary custody to refer to behavioral health
crisis instead of mental health crisis.
Juvenile Crisis Intervention Centers
This bill would amend the statute establishing juvenile crisis intervention centers to add
substance abuse services to the services to be provided by a juvenile crisis center. The bill also
would add a behavioral health condition as a reason a juvenile could be determined to be likely
to cause harm to self or others.
Conference Committee Action
The Conference Committee agreed to HB 2021, as passed by the House, with the
following modifications:
●Adjust the requirements of the Secretary for Children and Families and Secretary of
Corrections to coordinate actions with respect to children exhibiting criminogenic
behaviors;
●Insert a provision prohibiting the result of a risk and needs assessment conducted on
a child exhibiting criminogenic behaviors to be used as evidence in a proceeding
under the Juvenile Code;
●Insert a provision requiring the Secretary for Children and Families to report on risk
and needs assessments conducted on children exhibiting criminogenic behaviors;
●Insert provisions concerning the duties of the Secretary of Corrections when a
juvenile is placed in detention, including duties related to collaborating with certain
entities to provide services and report related findings to JCCJJO;
4 - 2021 ●Remove provisions extending the overall maximum cumulative detention cap a court
can assign a juvenile;
●Amend a provision allowing a court to extend the overall case length limit if the delay
is due to a juvenile’s repeated, intentional effort to delay completion of such program;
●Insert a provision that when a juvenile has violated probation, conditional release, or
a condition of a sentence, the court services officer or community correctional
services officer would immediately notify the court in writing;
●Amend a provision that a judge may commit a juvenile to detention for violation of
such probation if the judge makes a finding the juvenile is demonstrating escalating
use of physical violence, aggression, weapons, damage to property, or life-
threatening substance;
●Expand the list of providers that may administer evidence-based community
programs and practices; and
●Add “promising practices” to the list of allowable expenditures of moneys from the
Account.
The Conference Committee also agreed to insert the provisions of HB 2033, as passed by
the House, concerning the criteria used to refer and admit juveniles to a juvenile crisis
intervention center.
Background
The Conference Committee agreed to amend and include the provisions of HB 2021 and
agreed to insert the contents of HB 2033.
HB 2021 (Collaboration of Agencies to Provide Services to Children in Need of Care and
Juvenile Offenders; Evidence-Based Programs Account)
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
5 - 2021 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 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 American Civil
Liberties Union of 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.
[Note: The Conference Committee retained this amendment.] 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. [Note: The Conference Committee retained this amendment.]
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 substantially similar to the
testimony provided to the House Committee.
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.
On March 9, 2023, the Senate Committee continued the hearing on the bill. Opponent
testimony, substantially similar to the testimony provided to the House Committee, was provided
by a retired district court judge, a private citizen, and representatives of Kansas Appleseed
Center for Law and Justice and Progeny Kansas.
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
6 - 2021 certain risk and needs assessments; [Note: The Conference Committee did not retain
this amendment.]
●Revert sections of law in the Juvenile Code concerning:
○Sentencing alternatives and overall case length limits [Note: The Conference
Committee retained this amendment.];
○Community-based graduated responses for technical violations of probation,
conditional release, and conditions of sentence to current law [Note: The
Conference Committee did not retain this amendment.];
●Revert a section of law concerning KDOC’s authority to exchange confidential data in
the juvenile justice system to current law [Note: The Conference Committee did not
retain this amendment.];
●Remove language referencing risk and needs assessments that would no longer be
required by the bill [Note: The Conference Committee did not retain this
amendment.];
●Expand the list of providers that may administer evidence-based community
programs and practices [Note: The Conference Committee retained this
amendment.];
●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 [Note: The Conference
Committee retained this amendment.]; and
●Add a provision stating child welfare case management providers would not be
eligible to receive grants through the Account [Note: The Conference Committee
retained this amendment.].
HB 2033 (Changing the criteria used to refer and admit juveniles to a juvenile crisis
intervention center)
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 23, 2023, representatives of Johnson County
Mental Health Center and Children’s Alliance of Kansas provided proponent testimony, stating
the bill would allow for more interventions for youth in crisis and close a gap between youth
exhibiting “severe behaviors” and receiving services.
The Deputy Secretary for Children and Families and for Aging and Disability Services
provided written-only proponent testimony stating the definition will provide flexibility for
juvenile crisis intervention centers to serve youth. No other testimony was provided.
7 - 2021 Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 6, 2023, the Deputy Secretary for Children and
Families and for Aging and Disability Services and representatives of the Children’s Alliance of
Kansas and Johnson County Mental Health Center provided written-only proponent testimony,
generally stating that replacing the definition of “mental health” with “behavioral health” will
provide flexibility for juvenile crisis intervention centers to serve youth with in a behavioral health
crisis, including substance use disorder.
Opponent testimony was provided by a private citizen who stated the term “behavioral
health crisis” and “substance use related services” were too broadly defined and could result in
violations of both natural and constitutional rights, as pertaining to the seizure of individuals,
their detainment, assessment, and billable treatment.
No other testimony was provided.
The Senate Committee amended the bill to correct the alphabetical order of definitions.
[Note: The Conference Committee did not retain this amendment.]
Fiscal Information
HB 2021
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 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.
8 - 2021 HB 2033
According to the fiscal note prepared by the Division of the Budget on the bill, as
introduced, enactment of the bill would have negligible fiscal effect on the Judicial Branch and
no fiscal effect on the Department of Health and Environment, Department for Children and
Families, or Department of Corrections. Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Evidence-based program accounts; juvenile justice; behavioral health crisis
ccrb_hb2021_02_0406.odt
9 - 2021