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Minutes for HB2673 - Committee on Corrections and Juvenile Justice
Short Title
Expanding the number of presumptive and border grid blocks in the sentencing grid for drug crimes.
Minutes Content for Tue, Feb 15, 2022
Chairperson Owens opened the hearing on HB2673. Natalie Scott provided an overview of the bill. (Attachment 14) Ms. Scott stood for questions.
Scott Schultz testified in support of the bill on behalf of the Kansas Sentencing Commission (KSSC). He stated this bill proposes two modifications to the drug grid. The first is that severity level 5 drug crimes receive a decrease in length of sentence to be more consistent or proportional with severity level 8 non-drug crimes. Secondly, in order to reflect the current sentencing realities, border boxes and presumptive probation boxes are expanded for severity level 4 and 5 drug crimes. Mr. Schultz provided a comparison of the current drug grid and the proposed drug grid. He said this proposal is a step forward to modify the presumptive probation boxes on the drug grid to more accurately reflect the current sentencing practice of prosecutors, defense counsel, and the district courts in the state. (Attachment 15) Mr. Schultz stood for questions.
Randall Bowman testified in support of the bill. He stated that modification of Kansas' sentencing laws for drug offenders is one policy option for the legislature to manage the size and cost of the state's prison population. As proposed, these sentence modifications for persons convicted of drug crimes are projected by the KSSC to reduce the population in Kansas prisons. This would be accomplished by placing those same persons on felony probation supervision instead of sending them to prison. (Attachment 16) Mr. Bowman stood for questions.
Jennifer Roth testified in support of the bill on behalf of the Kansas Association of Criminal Defense Lawyers. She stated that Kansas has had sentencing guidelines for a long time - they will turn 30 years old next year. Ms. Roth said the numbers in the drug sentencing grid boxes are arbitrary. The numbers were not based on research. She reiterated these numbers are arbitrary and she encouraged the committee to pass out favorably these recommendations that were made by a broad range of participants in our criminal justice system. (Attachment 17) There were no questions for Ms. Roth.
Patrick Armstrong testified in support of this bill that would amend the drug sentencing grid to better reflect judicial sentencing practices, guide more people struggling with addition to treatment and allow judges to continue to sentence people to prison if they pose a public safety risk. He said that rather than make changes to the drug grid based upon perception or to force a particular result, sentencing data was reviewed and changes recommended that were data-driven and in alignment with sentencing decisions that judges were already making. (Attachment 18) There were no questions for Mr. Armstrong.
Written only proponent testimony was submitted by Elizabeth Patton, State Director, Americans for Prosperity Kansas. (Attachment 19)
There was no neutral or opponent testimony.
Chairperson Owens closed the hearing on HB2673.
