SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2329
As Amended by House Committee of the Whole
Brief*
HB 2329, as amended, would amend provisions in the
Revised Kansas Juvenile Justice Code relating to sentencing
alternatives, the placement matrix, and detention length limit.
The bill would also direct the Secretary of Corrections
(Secretary) to contract for beds for juvenile alternative
sentences to out-of-home placements, direct the funding for
such placements to come from the Evidence-based Programs
Account (EBPA), and remove expired sunsets regarding such
out-of-home placements.
The bill would also make technical and conforming
amendments.
Juvenile Placement Matrix (Section 3)
The bill would authorize the court to sentence juveniles
considered chronic offenders, as defined in current law, to a
juvenile correctional facility if they are assessed as moderate-
risk or high-risk on a risk and needs assessment.
[Note: Current law restricts this discretion to chronic
offenders assessed as high-risk on a risk and needs
assessment.]
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*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
https://klrd.gov/ Juvenile Sentencing Alternatives (Sections 1, 2, 5, 6, and
7)
Youth Residential Facility (Sections 1, 5, 6, and 7)
Establishment. The bill would direct the Secretary to
contract the use of not less than 35 nor more than 45 non-
foster home beds in youth residential facilities, with no more
than 15 beds in one facility. The bill would further direct the
Secretary to use available data on juvenile case filings to
determine regional need and corresponding allocation of non-
foster home beds.
Payment. The bill would direct the Secretary to cover
the cost associated with all aspects of juveniles in youth
residential facilities, and would authorize the Secretary to
make expenditures from the EBPA not to exceed $10 million,
subject to appropriations, to do so.
Placement. The bill would authorize the court to place a
convicted juvenile with the Secretary and order the Secretary
to place the juvenile in a youth residential facility.
Oversight. The bill would direct the Juvenile Justice
Oversight Committee to monitor the impact and effectiveness
of placement of juvenile offenders in youth residential
facilities.
The bill would remove expired sunsets regarding youth
residential facilities from January 1, 2018.
Possession or Use of a Firearm (Section 1)
The bill would authorize the court to commit a juvenile,
regardless of their risk level as determined by a risk and
needs assessment, directly to the custody of the Secretary for
placement in a juvenile correctional complex for a minimum of
12 months and a maximum of 24 months, if:
2- 2329 ●A firearm was possessed or used during the
commission of the offense; and
●The offense would constitute a felony if it were
committed by an adult.
Emergency Shelters and Therapeutic Foster Homes (Section
1)
Continuing law authorizes the court to order a short-term
placement of a juvenile in an emergency shelter, therapeutic
foster home, or community integration program if the juvenile
has been adjudicated of certain specified offenses and the
victim resides with the juvenile offender.
The bill would direct the Secretary to contract with
emergency shelters and therapeutic foster homes in order to
facilitate the placement of such juvenile offenders.
Juvenile Detention
Detention Limit (Section 4)
The bill would extend the maximum detention limit from
45 cumulative days to 90 cumulative days. [Note: This limit
does not apply to juveniles adjudicated of an offense that
would constitute an off-grid or nondrug severity level 1
through 4 person felony.]
Detention Risk Assessment Override
Current law provides for the juvenile intake and
assessment process, including the completion of a detention
risk assessment on the juvenile.
The bill would direct the court to approve an override
function of the detention risk assessment tool when a juvenile
is alleged to have possessed or used a firearm during the
3- 2329 commission of an offense. The bill would direct the juvenile
intake and assessment worker or the court to order direct
placement of the juvenile in a juvenile detention facility.
Background
The House committee on Corrections and Juvenile
Justice amended HB 2329 and inserted the amended
contents of HB 2325. Background information for both bills is
provided below.
HB 2329 (Youth Residential Facilities)
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representative Lewis.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing on February 17, 2025,
representatives of the Children’s Alliance of Kansas, Kansas
Sheriffs Association, Kansas’ 10th and 18th Judicial Districts,
KVC Kansas, Saint Francis Ministries, Sedgwick County, and
Sedgwick County Department of Corrections offered
proponent testimony. The proponents generally stated that
the current system for juveniles works well for most kids, but
there are a handful who get swept into the foster care system
with behaviors too great for that system to handle, but not
great enough for a juvenile correctional facility, and the bill
would create a middle ground to fill that gap.
Written-only proponent testimony was submitted by a
representative of the Wichita Police Department.
Representatives of the Department of Corrections, the
Juvenile Justice Oversight Committee, and Kansas
Appleseed presented opponent testimony, generally stating
the bill would not address the issues the proponents raised,
4- 2329 the youth residential centers do not lead to better outcomes
for kids, and the EBPA cannot sustain this funding in fiscal
years 2027 and 2028.
Written-only opponent testimony was submitted by a
representative of National Alliance on Mental Illness Kansas.
Written-only neutral testimony was submitted by
representatives of the The Council of State Governments
Justice Center and the Kansas Association of Court Services
Officers.
The bill was referred to the House Committee on
Federal and State Affairs on February 18, 2025, and re-
referred to the House Committee on Corrections and Juvenile
Justice on February 20, 2025.
On March 3, 2025, the House Committee on Corrections
and Juvenile Justice amended the bill to:
●Limit the number of beds in a youth residential
facility to not more than 15 beds in a single facility;
●Direct the Secretary to contract for no more than
45 beds in youth residential facilities;
●Direct the Secretary to contract no less than 35
beds from no less than 40 beds in youth residential
facilities;
●Direct the Juvenile Justice Oversight Committee to
monitor the impact and effectiveness of youth
residential facilities; and
●Insert the contents of HB 2325.
5- 2329 House Committee of the Whole
The House Committee of the Whole made a conforming
amendment to the bill to amend a provision related to the
cumulative detention limit.
HB 2325; (Chronic Juvenile Offenders and Juvenile
Special Firearms Conditions)
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of
Representative Lewis.
House Committee on Corrections and Juvenile Justice
In the House Committee hearing, representatives of
Children’s Alliance of Kansas, Kansas Sheriffs Association,
Kansas’ 10th and 18th Judicial Districts, Love is Foundation,
and Saint Francis Ministries offered proponent testimony.
The proponents generally stated that there are not enough
options currently for juvenile offenders who commit a felony
while awaiting adjudication for a felony or juveniles who
commit a felony while possessing or using a firearm, and this
bill would give more options for such juveniles.
Representatives of the Department of Corrections, the
Juvenile Justice Oversight Committee, and Kansas
Appleseed presented opponent testimony, generally stating
that the bill is contrary to evidenced-based practices and the
bill would cause harm by incarcerating children for minor
infractions for long periods of time.
Written-only opponent testimony was submitted by a
representative of National Alliance on Mental Illness Kansas.
Written-only neutral testimony was submitted by
representatives of The Council of State Governments Justice
Center and the Kansas Association of Court Services
Officers.
6- 2329 The bill was referred to the House Committee on
Federal and State Affairs on February 18, 2025, and re-
referred to the House Committee on Corrections and Juvenile
Justice on February 25, 2025.
On March 3, 2025, the House Committee on Corrections
and Juvenile Justice amended the bill to:
●Decrease to 24 months from 36 months the
maximum alternative, direct sentence to a juvenile
correctional facility the court may sentence a
juvenile adjudicated of a crime that would be a
felony if committed by an adult and found to have
possessed or used a firearm during the
commission of such offense;
●Authorize the court to order direct placement of
chronic offenders to a juvenile correctional facility if
such offenders are assessed to be moderate-risk in
addition to high-risk;
●Remove a provision including a technical violation
as a reason for a court to commit a juvenile to
detention and maintain current law; and
●Clarify language regarding the override function of
the detention risk assessment in a juvenile intake
and assessment center.
Fiscal Information
HB 2329 (Youth Residential Facilities)
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department of
Corrections indicates enactment of the bill would require
State General Fund (SGF) expenditures of $10.0 million in
each fiscal year, beginning in FY 2026. The Department
states in order to accommodate this spending, the agency
7- 2329 may be required to reduce the amount of grant funding
available for other evidence-based programs in future fiscal
years.
HB 2325 (Chronic Juvenile Offenders and Juvenile
Special Firearms Conditions)
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department of
Corrections indicates that enactment of the bill would
increase SGF expenditures by $2.6 million per fiscal year
beginning in FY 2026. The agency estimates the bill would
increase admissions to the Kansas Juvenile Correctional
Complex by 42 juveniles per year, requiring at least three 15-
bed housing units at the facility to be re-opened.
To remain in compliance with federally required staffing
ratios under the Prison Rape Elimination Act, the Department
indicates it would need to hire 26.50 full-time equivalent
(FTE) correctional officer positions to staff the re-opened
units. The agency also states that 2.00 FTE corrections
counselor positions would be necessary to accommodate the
increased population. The Department estimates the total
cost for these positions would be $2,340,331. The
Department estimates that other operating costs, such as
food service and health care, would total $308,519 per fiscal
year.
The Judicial Branch indicates that enactment of the bill
would have a negligible fiscal effect on its operations. The
Board of Indigents’ Defense Services indicates the bill would
have no fiscal effect on agency operations.
Any fiscal effect associated with HB 2325 or HB 2329 is
not reflected in The FY 2026 Governor’s Budget Report.
Revised Kansas Juvenile Code; juvenile sentencing; firearm possession;
Department of Corrections; Youth Residential Facility; case length limit; evidence-
based programs account
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