As Amended by Senate Committee
Session of 2025
HOUSE BILL No. 2312
By Committee on Corrections and Juvenile Justice
Requested by Scott Schultz, Kansas Sentencing Commission
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AN ACT concerning crimes, punishment and criminal procedure; relating
to certified drug abuse treatment programs; excluding certain offenders
convicted of a nonperson felony from participation in such programs;
authorizing community correctional services officers to complete
criminal risk-need assessments for divertees who are committed to such
programs; amending K.S.A. 21-6824 and K.S.A. 2024 Supp. 75-52,144
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 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. 21-5705 or
21-5706, and amendments thereto, whose offense is classified in grid
blocks:
(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. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any
substantially similar offense from another jurisdiction; or
(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.
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
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finding that the safety of the members of the public will not be jeopardized
by such placement in a drug abuse treatment program.
(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:
(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.
21-5703, 21-5705 or 21-5716, and amendments thereto, or any
substantially similar offense from another jurisdiction; and
(ii) the provisions of K.S.A. 21-6804(n), (p), (u) or (x), and
amendments thereto, do not apply; 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.
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; and
(iv) the provisions of K.S.A. 21-6804(n), (p), (u) or (x), and
amendments thereto, do not apply.
(b) As a part of the presentence investigation pursuant to K.S.A. 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 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,
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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. 21-6608(c)
(3), and amendments thereto. The term of treatment may not exceed the
term of probation.
(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. 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)(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. 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;
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(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
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. 2024 Supp. 75-52,144 is hereby amended to read as
follows: 75-52,144. (a) Drug abuse treatment programs certified in
accordance with subsection (b) shall provide:
(1) Drug abuse assessments of any person who is convicted of or
being considered for a diversion agreement in lieu of further criminal
proceedings for a felony violation of K.S.A. 65-4160 or 65-4162, prior to
such section's repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or
K.S.A. 21-5706, and amendments thereto, and meets the requirements of
K.S.A. 21-4729, prior to its repeal, K.S.A. 21-6824(a) or 21-6825, and
amendments thereto;
(2) treatment of all persons who are convicted of or entered into a
diversion agreement in lieu of further criminal proceedings for a felony
violation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal,
K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or K.S.A. 21-5706, and
amendments thereto, meet the requirements of K.S.A. 21-4729, prior to its
repeal, K.S.A. 21-6824 or 21-6825, and amendments thereto, and whose
sentence requires completion of a certified drug abuse treatment program,
as provided in this section;
(3) one or more treatment options in the continuum of services
needed to reach recovery: Detoxification, rehabilitation, continuing care
and aftercare, and relapse prevention;
(4) treatment options to incorporate family and auxiliary support
services; and
(5) treatment options for alcohol abuse when indicated by the
assessment of the offender or required by the court.
(b) (1) Except as provided further, the criminal risk-need assessment
shall be conducted by a court services officer. A criminal risk-need
assessment for use pursuant to K.S.A. 21-6825, and amendments thereto,
may be conducted by a court services officer or a community correctional
services officer.
(2) The drug abuse treatment program placement assessment shall be
conducted by a drug abuse treatment program certified in accordance with
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the provisions of this subsection to provide assessment and treatment
services.
(3) A drug abuse treatment program shall be certified by the Kansas
sentencing commission. The commission may establish qualifications for
the certification of programs, which may include requirements for
supervision and monitoring of clients, fee reimbursement procedures,
handling of conflicts of interest, delivery of services to clients unable to
pay and other matters relating to quality and delivery of services by the
program. Drug abuse treatment may include community based and faith
based programs. The certification shall be for a four-year period. The
commission may establish a process for revoking certification of programs
that do not meet the commission's qualifications for certification.
Recertification of a program shall be by the commission.
(4) To be eligible for certification or recertification under this
subsection, the commission shall determine that a drug abuse treatment
program:
(1)(A) Meets the qualifications established by the commission;
(2)(B) is capable of providing the assessments, supervision and
monitoring required under subsection (a);
(3)(C) has employed or contracted with certified treatment providers;
and
(4)(D) meets any other functions and duties specified by law.
(c) Any treatment provider who is employed or has contracted with a
certified drug abuse treatment program who provides services to offenders
shall be certified by the Kansas sentencing commission. The commission
shall require education and training that shall include, but not be limited
to, case management and cognitive behavior training. The duties of
providers who prepare the presentence drug abuse assessment may also
include appearing at sentencing and probation hearings in accordance with
the orders of the court, monitoring offenders in the treatment programs,
notifying the probation department and the court of any offender failing to
meet the conditions of probation or referrals to treatment, appearing at
revocation hearings as may be required and providing assistance and data
reporting and program evaluation.
(d) (1) The cost for all drug abuse assessments performed pursuant to
subsection (a)(1), and the cost for all certified drug abuse treatment
programs for any person who meets the requirements of K.S.A. 21-6824 or
21-6825, and amendments thereto, shall be paid by the Kansas sentencing
commission from funds appropriated for such purpose. The Kansas
sentencing commission shall contract for payment for such services with
the supervising agency.
(2) The sentencing court shall determine the extent, if any, that such
person is able to pay for such assessment and treatment. Such payments
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shall be used by the supervising agency to offset costs to the state. If such
financial obligations are not met or cannot be met, the sentencing court
shall be notified for the purpose of collection or review and further action
on the offender's sentence.
(3) If the person has entered into a diversion agreement in lieu of
further criminal proceedings, the county or district attorney shall
determine the extent, if any, that such person is able to pay for such
assessment and treatment. Such payments shall be used by the supervising
agency to offset costs to the state or county. If such financial obligations
are not met or cannot be met, the county or district attorney shall be
notified for the purpose of collection or review and further action on the
person's diversion agreement.
(e) The community corrections staff shall work with the substance
abuse treatment staff to ensure effective supervision and monitoring of the
offender.
(f) The Kansas sentencing commission is hereby authorized to adopt
rules and regulations to carry out the provisions of this section.
Sec. 3. K.S.A. 21-6824 and K.S.A. 2024 Supp. 75-52,144 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book Kansas register.
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