SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2070
As Recommended by House Committee on
Corrections and Juvenile Justice
Brief*
HB 2070 would amend law to expand eligibility for
certain offenders for the nonprison sanction of placement in a
certified drug abuse treatment (SB 123) program.
The bill would amend law to allow a defendant convicted
of a nonperson severity level 7, 8, 9, or 10 felony with a
criminal history score of C through I to participate in a
certified drug abuse treatment program if the defendant has
no prior convictions for manufacturing a controlled substance,
cultivating or distributing a controlled substance, or unlawful
acts involving proceeds from drug crimes.
The bill would amend law to allow a defendant convicted
of a nonperson severity level 7, 8, 9, or 10 felony with a
criminal history score of A or B to be able to participate in a
certified drug abuse treatment program if the defendant has
no prior convictions for manufacturing a controlled substance,
cultivating or distributing a controlled substance, or unlawful
acts involving proceeds from drug crimes, and
●The person felonies in the defendant’s history were
nondrug severity level 8 or lower, and
●The court finds that the safety of the members of
the public will not be jeopardized by the placement
of the defendant in a certified drug abuse treatment
program.
____________________
*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 Background
SB 123 (2003) created a nonprison sanction of certified
drug abuse treatment for certain drug offenders. Commonly
referred to as the “Senate Bill 123 Program,” this program is
administered by the Kansas Sentencing Commission.
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of the Kansas
Sentencing Commission (Commission).
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on January 24, 2023, a
representative of the Commission testified as a proponent of
the bill, stating individuals convicted of these nondrug crimes
sometimes committed these crimes because of their
addiction, 85 percent of felons require appointed council
because they are indigent, and felony offenders are not likely
to have health insurance to seek their own substance abuse
treatment.
Written-only proponent testimony was submitted by
representatives of the Board of Indigents’ Defense Services
Legislative Committee, Kansas Association of Chiefs of
Police, Kansas Peace Officers Association, and Kansas
Sheriffs Association. The written testimony indicated treating
an individual’s drug addiction treats the underlying cause of
the crime and could prevent future criminal acts.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
Budget on the bill, the Commission estimates enactment of
the bill may have an impact on prison admissions and bed
space, but the effect cannot be determined at this time. The
2- 2070 Commission indicates the bill would increase SB 123
program cost by $592,322, $1,184,644, or $1,776,966 in FY
2024, depending on which scenario occurs. The Commission
reports an average cost of $4,057 per SB 123 treatment
offender in FY 2022.
The Department of Corrections indicates the bill would
not have a significant fiscal effect on the agency.
The Kansas Judicial Branch indicates the bill would
require courts to hold hearings and provide rulings, and could
require court services officers to provide supervision to
defendants who participate in a certified drug treatment
program instead of going to prison. This would require
additional work by district court judges, clerks, and court
services officers. OJA is unable to estimate the fiscal effect
on its budget.
The Kansas Association of Counties (Association)
indicates the fiscal effect on local governments would depend
on how many qualified defendants participate in the certified
drug abuse programs. The Association is unable to estimate
the fiscal effect.
Any fiscal effect associated with the bill is not reflected
in The FY 2024 Governor’s Budget Report.
Certified drug abuse treatment program; SB 123 program ; Department of
Corrections; Office of Judicial Administration; Kansas Association of Counties;
sentencing grid
3- 2070