Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2031 Introduced / Fiscal Note

                    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 	http://budget.kansas.gov 
 
Adam Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
January 23, 2023 
 
 
 
 
The Honorable Stephen Owens, Chairperson 
House Committee on Corrections and Juvenile Justice 
300 SW 10th Avenue, Room 546-S 
Topeka, Kansas  66612 
 
Dear Representative Owens: 
 
 SUBJECT: Fiscal Note for HB 2031 by House Committee on Corrections and Juvenile 
Justice 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning HB 2031 is 
respectfully submitted to your committee. 
 
 HB 2031 would require a sentence for criminal possession of a weapon by a convicted 
felon to be presumptive imprisonment to be served consecutively to any other term of 
imprisonment if the weapon was a firearm and was used during the commission of a violent felony.  
The sentence imposed would not be considered a departure from the sentencing grid and would 
not be subject to appeal.  No other sentence would be permitted.  
 
Estimated State Fiscal Effect 
 	FY 2023 
SGF 
FY 2023 
All Funds 
FY 2024 
SGF 
FY 2024 
All Funds 
Revenue 	-- -- -- -- 
Expenditure 	-- -- $100,769 $100,769 
FTE Pos. 	-- -- -- -- 
 
 The Kansas Sentencing Commission estimates that enactment of HB 2031 would result in 
an increase of 29 adult prison beds needed by the end of FY 2024.  By the end of FY 2033, 232 
additional beds would be needed.  The current estimated available bed capacity is 9,428 for males 
and 936 for females.  Based upon the Commission’s most recent ten-year projection contained in 
its FY 2023 Adult Inmate Prison Population Projections report, it is estimated that the year-end 
population will total 7,933 male and 764 female inmates in FY 2023 and 8,043 male and 740  The Honorable Stephen Owens, Chairperson 
Page 2—HB 2031 
 
 
female inmates in FY 2024.  The Department of Corrections indicates enactment of the bill would 
increase marginal costs for the operation of the correctional facilities for food, clothing, and other 
supplies.  The annual cost would total $100,769 based on the FY 2022 marginal cost of $9.52 per 
day per occupied bed ($9.52 x 365 days x 29 beds).  
 
 The Office of Judicial Administration indicates enactment of the bill would require 
findings of certain facts to sentence an offender, which could result in extending the length of trials 
in certain cases.  However, a fiscal effect cannot be estimated.  Any fiscal effect associated with 
HB 2031 is not reflected in The FY 2024 Governor’s Budget Report.  
 
 
 
 
 
 	Sincerely, 
 
 
 
 	Adam Proffitt 
 	Director of the Budget 
 
 
 
 
cc: Vicki Jacobsen, Judiciary 
 Randy Bowman, Department of Corrections 
 Scott Schultz, Sentencing Commission