In 2007, the Legislature created a state-local “incentive” funding mechanism to keep probation violators in the community, increased the amount of good time that nonviolent inmates can earn and established additional earned time for completing education or treatment programs. Reinvestment of $7 million supported expanded community corrections and in-prison programs, and training in “risk-reduction” offender supervision. Building on these reforms, Kansas lawmakers created a work group in 2012 to consider ways to further reduce recidivism and corrections costs. Recommendations from the work group—including use of “swift and certain” sanctions for probation violations and the opportunity for early discharge from supervision for compliant offenders who are low-risk and have paid restitution in full—were adopted by the Legislature in 2013. The law is expected to reduce the prison population allowing for the delay in construction of two prison units until at least FY2015.
Establishes a community corrections grant program for probation departments that sets a performance goal of reducing revocations to prison by 20 percent from fiscal year 2006. Increases the amount of earned time an inmate convicted of the least serious drug offenses and non-drug offenses may earn. Creates a risk reduction program credit that grants inmates convicted of the least severe drug and non-drug offenses 60 days earned time upon completion of a treatment, vocational or educational program.
HB 2684 (2012)
Establishes the Justice Reinvestment Working Group to undertake a study of data-driven, fiscally responsible policies and practices that can increase public safety and reduce recidivism and spending on corrections. Requires a report of the working group's activities and recommendations by Jan. 1, 2013.
Authorizes administrative sanctions for violations of community supervision without an order from the sentencing court and lists permissible sanctions. Allows the court to sentence an offender who commits a felony while on community supervision to a term of imprisonment even if the new felony presumes a non-prison sentence. Requires probationers who are sent to prison for a new crime or supervision violation to serve a period of parole after release from prison. Requires the court, under certain circumstances, to discharge probation of an offender who is assessed as low risk, has paid restitution in full and has remained compliant. Permits certain parolees who have paid restitution in full to petition the parole board for early discharge. Amends the list of crimes and crime severity levels that are eligible to have the period of post release supervision modified.
- Bill summary of enacted legislation and fiscal note of bill as amended by House Committee on Corrections and Juvenile Justice
Amends policy enacted by H 2170 (2013). Modifies the standard for denial by the court of early discharge of low risk offenders. Specifies that a 60-day county jail revocation cannot be imposed at the same time as other sanctions. Permits a sanction of up to 60 days in county jail for misdemeanor violators. Clarifies that "quick-dip" short-term jail sanctions must be imposed in consecutive two- to three-day periods only and limits the number of days that can be imposed. Permits the use of quick-dip sanctions for misdemeanors and certain felonies. Specifies that the violation sanctions apply to any probation violator, regardless of the date of conviction.
Full summaries of legislation can be found in NCSL’s Sentencing and Corrections Enactment Database.
- Kan. Department of Corrections 2013-2014 Appropriations Report describes anticipated savings from HB 2170 (2013)
- Kan. Department of Corrections Risk Reduction Initiative grant program:
- Kan. Sentencing Commission
- HB 2170 report identifying and analyzing options to reduce the prison population (Feb. 6, 2013)
- HB 2448 report detailing the bill’s modifications to HB 2170 (2013)
- Kan. Justice Reinvestment working group webpage
Return to NCSL’s Justice Reinvestment State Resources page or learn more about NCSL’s Criminal Justice program.