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 C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
March 24, 2025
The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 288 by Senate Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning SB 288 is
respectfully submitted to your committee.
SB 288 would prohibit adult sex offenders aged 18 or older, who are required to register
under the Kansas Offender Registration Act due to a crime against a victim under 18 years of age,
from entering onto school property or attend school activities. Violations of this provision would
result in criminal penalties of a severity level 6, person felony for a first conviction, a severity level
5, person felony for a second conviction, and a severity level 3, person felony for a third or
subsequent conviction. The bill would amend the Kansas Offender Registration Act to include
this restriction and provide definitions for “school activity” and “school property.” The bill would
take effect on July 1, 2025.
The Board of Indigents Defense Services indicates that the bill would increase agency
expenditures on legal counsel and support staff by unknown amounts. The Board estimates that
on average, a severity level 5 or 6, person felony case requires 57 hours of direct work by an
attorney to provide constitutionally adequate representation. Based on the rates of $83.36 per hour
for public defenders and $125 per hour for assigned counsel, each new severity level 5 or 6, person
felony case brought to the agency would result in State General Fund expenditures of $4,752 to
$7,125. The Board indicates that on average, a severity level 3, person felony case requires 99
hours of defense attorney work. Therefore, each new severity level 3, person felony case brought
to the agency would result in State General Fund expenditures of $8,253 to $12,375. The Board
indicates that it may require 1.00 new FTE attorney position and possibly additional support staff
depending on the number of new cases brought to the agency under the provisions of the bill.
The Honorable Kellie Warren, Chairperson
Page 2—SB 288
The Judiciary indicates that the bill has the potential to increase the number of cases filed
in district courts. This may increase agency operating expenditures due to the additional time spent
by district court judicial and nonjudicial personnel in processing, researching, and hearing cases.
However, the Judiciary is unable to calculate a precise estimate of this effect. The bill has the
potential to increase the collection of docket fees which are deposited in the State General Fund;
however, the amount of additional collections is unknown.
The Sentencing Commission indicates that the bill has the potential to increase prison
admissions and the number of prison beds needed; however, a precise estimate of this effect cannot
be determined. The Department of Corrections indicates that the bill has the potential to increase
agency operating expenditures depending on its effect on prison admissions and beds. Any fiscal
effect associated with SB 288 is not reflected in The FY 2026 Governor’s Budget Report.
The Kansas Association of Counties indicates that the bill has the potential to increase
county government expenditures on legal proceedings. The League of Kansas Municipalities
indicates that the bill would have no fiscal effect on cities.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Heather Cessna, Board of Indigents Defense Services
Jennifer King, Department of Corrections
Scott Schultz, Kansas Sentencing Commission
Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities