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Bill Summary · HB 2312

Summary — HB 2312 (2025) — Certified Drug Abuse Treatment Programs; Risk-Need Assessments

Status and timeline
- Introduced: January 31, 2025 (House Committee on Corrections & Juvenile Justice, at request of the Kansas Sentencing Commission).
- House passage: February 2025. Sent to Senate, amended in Senate Judiciary Committee.
- Most recent: Motion to accede adopted; conferees (Senators Warren, Titus, Corson) appointed for conference.
- Effective date (as amended): upon publication in the Kansas Register.

Purpose
- Clarify and narrow eligibility for placement in certified drug abuse treatment programs (SB 123+ non‑prison sanction) and authorize community correctional services (and court services) officers to perform criminal risk‑need assessments for defendants being considered for diversion into such programs.

Key provisions and changes
1. Eligibility/exclusion
- Adds an exclusion: offenders convicted of certain non‑person felonies (where special sentencing rules of presumptive imprisonment apply) are not eligible to participate in SB 123+ certified drug abuse treatment programs. (Amends K.S.A. 21‑6824.)
- Existing eligibility categories for drug and some nonperson felony convictions remain for grid blocks and offender histories that meet statutory criteria; courts retain ability to find and state reasons why public safety will not be jeopardized for particular placements.

  1. Risk and treatment assessment authority

    • Explicitly authorizes community correctional services officers and court services officers (if certified) to complete criminal risk‑need assessments used in determining eligibility for diversion that includes certified drug abuse treatment programs. (Amends K.S.A. 2024 Supp. 75‑52,144.)
    • Confirms that presentence investigations for eligible offenders include both: (a) a clinical drug abuse assessment (including a clinical interview and treatment recommendation), and (b) a criminal risk‑need assessment that assigns a risk status.

  2. Program terms, supervision, discharge

    • If assessments meet Kansas Sentencing Commission criteria, the court may commit the offender to a certified drug abuse treatment program for up to 18 months (term not to exceed probation term).
    • Offenders committed to SB 123+ programs are supervised by community correctional services. Discharge occurs on successful completion, and discharge is required if the offender is convicted of a new felony or shows a judicially‑determined pattern of refusal to participate.

Who is affected
- Primary: adult defendants facing diversion to certified drug abuse treatment programs and sentencing courts deciding SB 123+ placement.
- Secondary: community correctional services and court services officers (expanded assessment authority, subject to certification), Kansas Sentencing Commission (assessment criteria and certification), local jails/municipal courts (potential operational effects).

Fiscal and practical impact
- Division of the Budget / Kansas Sentencing Commission: any effect on prison admissions, bed space, or commission workload is estimated to be negligible.
- Department of Corrections / Judicial Branch: negligible or no fiscal effect.
- Kansas Association of Counties and League of Kansas Municipalities: note potential local impacts — e.g., increased local jailbed demand while individuals await transfer if denied SB 123+ placement; possible municipal court/law enforcement procedural changes — but unable to quantify costs.

Background and rationale
- Proponents (Kansas Sentencing Commission; Kansas Community Corrections Association) testified the bill resolves confusion over whether SB 123+ diversion or competing special sentencing rules should control and allows officers already supervising divertees to conduct required risk assessments if certified.

Statutory notes
- The bill amends K.S.A. 21‑6824 and K.S.A. 75‑52,144 and repeals existing sections as necessary to implement the changes described above.

Compiled from official sources — confirm details with the bill’s official record.

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