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
February 15, 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 2353 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2353 is
respectfully submitted to your committee.
HB 2353 would extend the ex parte emergency custody hold from 48 to 72 hours. The bill
would add deterioration standards to the outpatient treatment order criteria allowing for an
outpatient treatment order to be entered. The bill would require the treatment facility provide a
written copy of the treatment plan to the court within ten business days to ensure judges and court
staff are more aware of the progress and ability to see the services provided. The bill would remove
the requirement that revokes an outpatient treatment order when a patient is taken into ex parte
custody. Finally, the bill would change the initial outpatient treatment from three to six months.
The Kansas Department for Aging and Disability Services indicates that HB 2353 would
not have a fiscal effect on agency operations. The agency states that a 72-hour hold period is a
more realistic time needed to stabilize the patient and, if the individual is not admitted, to discharge
them with a long-term care plan. Ample research indicates that adequate stabilization and long-
term care planning reduces the risk of suicide after discharge. The increase to a 72-hour hold
would increase treatment facility costs, but in the long term those costs would be offset by
alleviating pressure on the State Hospitals and providers.
The Office of Judicial Administration indicates that HB 2353 could have a fiscal effect on
expenditures of the Judicial Branch. The bill’s provisions change time periods for hearings to be
held, addresses information that must be included in court orders and additional information that
must be filed with the court. Nevertheless, until the courts have had an opportunity to operate The Honorable Stephen Owens, Chairperson
Page 2—HB 2353
under the provisions of HB 2353, an accurate estimate of the fiscal effect on expenditures by the
Judicial Branch cannot be given. Any fiscal effect associated with HB 2353 is not reflected in The
FY 2024 Governor’s Budget Report.
The Kansas Association of Counties indicates that HB 2353 would have a fiscal effect on
counties if there are higher costs for transporting individuals to and from treatment.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Vicki Jacobsen, Judiciary
Leigh Keck, Department for Aging & Disability Services
Jay Hall, Kansas Association of Counties