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Minutes for HB2026 - Committee on Judiciary
Short Title
Creating a drug abuse treatment program for people on diversion and allowing county and district attorneys to enter into agreements with chief judges and community corrections for supervision.
Minutes Content for Wed, Feb 10, 2021
Jason Thompson presented a bill brief on HB2026 explaining it is the house version of SB3. The House did not make any changes and passed it. This bill creates a certified drug abuse treatment program for people on diversion. (Attachment 9)
Legislative Research submitted the Supplemental Note for HB2026. (Attachment 10)
Adam Proffitt submitted the fiscal note for HB2026. (Attachment 11)
Scott Schultz submitted the prison bed impact statement for HB2026. (Attachment 12)
Proponent, Oral
Scott Schultz spoke in support of HB2026 stating that diversion is a contractual agreement between the offender and the court to deal with a problem before trial to prevent trial. He stated that this bill does not make diversion mandatory but makes it an option and gives uniformity to it. It puts another tool in the judicial toolbox. (Attachment 13)
Greg Benefiel spoke in support of HB2026 stating this will help county attorneys who have fewer resources than district attorneys. He noted rural counties do not have support services to monitor diversions or the authority to recruit the support they need. This would create a means to deal with the problem. (Attachment 14)
John Jenks spoke in support of HB2026 stating his organization sees this as a way to keep people in the work force and out of prisons. (Attachment 15)
Proponent, Written
Mark Bennett, Kansas Criminal Justice Reform Commission (Attachment 16)
Ed Klumpp, Kansas Association Chiefs of Police; Kansas Sheriff's Association; Kansas Peace Officers Association (Attachment 17)
Neutral, Oral
Randall Bowman gave neutral testimony on HB2026 saying The Kansas Department of Corrections supports the bill but there are resource needs that should be addressed. (Attachment 18)
Stuart Little gave neutral testimony on HB2026 raising a concern about who will be doing the local supervision. He stated the fees that are collected should go to the organization that is providing supervision and this issue was not addressed in the House bill because it came up after the bill was heard there. (Attachment 19)
Kendall Seal gave neutral testimony on HB2026 saying diversion costs can be a barrier for some people so he recommends eliminating fees. He also said the bill is too narrow in scope and he raised a concern regarding the lack of oversight in the bill. He recommended at least an annual report to a designated authority be required. (Attachment 20)
There was no opponent testimony.
There was discussion. Chairperson Warren said after the hearing on SB3 several stakeholders came up with a proposed balloon amendment to address these problems. She proposed an amendment that directs monies collected from fees into the county general fund to be distributed as needed, where needed. (Attachment 21)
The hearing was closed. The meeting adjourned at 11:48 AM.
