Session of 2023
HOUSE BILL No. 2070
By Committee on Corrections and Juvenile Justice
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AN ACT concerning crimes, punishment and criminal procedure; relating
to sentencing; allowing certain nondrug offenders to participate in a
certified drug abuse treatment program; amending K.S.A. 2022 Supp.
21-6824 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 21-6824 is hereby amended to read as
follows: 21-6824. (a) There is hereby established a nonprison sanction of
certified drug abuse treatment programs for certain offenders who are
sentenced on or after November 1, 2003. Placement of offenders in
certified drug abuse treatment programs by the court shall be limited to
placement of adult offenders, who meet the requirements of this
subsection.
(1) Offenders convicted of a felony violation of K.S.A. 2022 Supp.
21-5705 or 21-5706, and amendments thereto, whose offense is classified
in grid blocks:
(1)(A) 5-C, 5-D, 5-E, 5-F, 5-G, 5-H or 5-I of the sentencing
guidelines grid for drug crimes and such offender has no felony conviction
of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164, prior to their
repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their
transfer, or K.S.A. 2022 Supp. 21-5703, 21-5705 or 21-5716, and
amendments thereto, or any substantially similar offense from another
jurisdiction; or
(2)(B) 5-A, 5-B, 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing
guidelines grid for drug crimes, and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-
4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010
Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A.
2022 Supp. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any
substantially similar offense from another jurisdiction, if;
(ii) the person felonies in the offender's criminal history were severity
level 8, 9 or 10 or nongrid offenses of the sentencing guidelines grid for
nondrug crimes,; and
(iii) the court finds and sets forth with particularity the reasons for
finding that the safety of the members of the public will not be jeopardized
by such placement in a drug abuse treatment program.
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(2) Offenders convicted of a nonperson felony whose offense is
classified in grid blocks:
(A) 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-I, 9-C, 9-D, 9-E, 9-F, 9-
G, 9-H, 9-I, 8-C, 8-D, 8-E, 8-F, 8-G, 8-H, 8-I, 7-C, 7-D, 7-E, 7-F, 7-G, 7-H
or 7-I of the sentencing guidelines grid for nondrug crimes and such
offender has no felony conviction of K.S.A. 65-4142, 65-4159, 65-4161,
65-4163 or 65-4164, prior to their repeal, K.S.A. 2010 Supp. 21-36a03,
21-36a05 or 21-36a16, prior to their transfer, or K.S.A. 2022 Supp. 21-
5703, 21-5705 or 21-5716, and amendments thereto, or any substantially
similar offense from another jurisdiction; or
(B) 10-A, 10-B, 9-A, 9-B, 8-A, 8-B, 7-A or 7-B of the sentencing
guidelines grid for nondrug crimes and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-
4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010
Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or K.S.A.
2022 Supp. 21-5703, 21-5705 or 21-5716, and amendments thereto, or
any substantially similar offense from another jurisdiction;
(ii) the person felonies in the offender's criminal history were severity
level 8, 9 or 10 or nongrid offenses of the sentencing guidelines grid for
nondrug crimes; and
(iii) the court finds and sets forth with particularity the reasons for
finding that the safety of the members of the public will not be jeopardized
by such placement in a drug abuse treatment program.
(b) As a part of the presentence investigation pursuant to K.S.A. 2022
Supp. 21-6813, and amendments thereto, offenders who meet the
requirements of subsection (a), unless otherwise specifically ordered by
the court, shall be subject to:
(1) A drug abuse assessment which that shall include a clinical
interview with a mental health professional and a recommendation
concerning drug abuse treatment for the offender; and
(2) a criminal risk-need assessment. The criminal risk-need
assessment shall assign a risk status to the offender.
(c) If the offender is assigned a risk status as determined by the drug
abuse assessment performed pursuant to subsection (b)(1) and a risk status
as determined by the criminal risk-need assessment performed pursuant to
subsection (b)(2) that meets the criteria for participation in a drug abuse
treatment program as determined by the Kansas sentencing commission,
the sentencing court shall commit the offender to treatment in a drug abuse
treatment program until the court determines the offender is suitable for
discharge by the court. The term of treatment shall not exceed 18 months.
The court may extend the term of probation, pursuant to K.S.A. 2022
Supp. 21-6608(c)(3), and amendments thereto. The term of treatment may
not exceed the term of probation.
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(d) (1) Offenders who are committed to a drug abuse treatment
program pursuant to subsection (c) shall be supervised by community
correctional services.
(2) Offenders who are not committed to a drug abuse treatment
program pursuant to subsection (c) shall be supervised by community
correctional services or court services based on the result of the criminal
risk assessment.
(3) If the offender is permitted to go from the judicial district of the
sentencing court, the court may, pursuant to K.S.A. 2022 Supp. 21-6610,
and amendments thereto:
(A) Transfer supervision of the offender from that judicial district to
another; and
(B) either transfer or retain jurisdiction of the offender.
(e) Placement of offenders under subsection (a)(2) (a)(1)(B) or (a)(2)
(B) shall be subject to the departure sentencing statutes of the revised
Kansas sentencing guidelines act.
(f) (1) Offenders in drug abuse treatment programs shall be
discharged from such program if the offender:
(A) Is convicted of a new felony; or
(B) has a pattern of intentional conduct that demonstrates the
offender's refusal to comply with or participate in the treatment program,
as established by judicial finding.
(2) Offenders who are discharged from such program shall be subject
to the revocation provisions of K.S.A. 2022 Supp. 21-6604(n), and
amendments thereto.
(g) As used in this section, "mental health professional" includes
licensed social workers, persons licensed to practice medicine and surgery,
licensed psychologists, licensed professional counselors or registered
alcohol and other drug abuse counselors licensed or certified as addiction
counselors who have been certified by the Kansas sentencing commission
to treat offenders pursuant to K.S.A. 75-52,144, and amendments thereto.
(h) (1) Offenders who meet the requirements of subsection (a) shall
not be subject to the provisions of this section and shall be sentenced as
otherwise provided by law, if such offenders:
(A) Are residents of another state and are returning to such state
pursuant to the interstate corrections compact or the interstate compact for
adult offender supervision;
(B) are not lawfully present in the United States and being detained
for deportation; or
(C) do not meet the risk assessment levels provided in subsection (c).
(2) Such sentence shall not be considered a departure and shall not be
subject to appeal.
(i) The court may order an offender who otherwise does not meet the
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requirements of subsection (c) to undergo one additional drug abuse
assessment while such offender is on probation. Such offender may be
ordered to undergo drug abuse treatment pursuant to subsection (a) if such
offender is determined to meet the requirements of subsection (c). The cost
of such assessment shall be paid by such offender.
Sec. 2. K.S.A. 2022 Supp. 21-6824 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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