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