Chairperson Humphries opened the Hearing on HB2444.
Jason Thompson, Office of Revisor of Statutes, presented the Bill Brief. (Attachment 1)
Mr. Thompson stood for questions.
Proponents:
Representative Kyle McNorton, 50th District, shared that this bill came about after learning that sentencing for some crimes is too lenient. This bill will be a significant change in the way consecutive sentences are served and make sure judges use the current sentencing guidelines when repeat offenders are caught committing new felonies while on probation, community correctional services programs, suspended sentence, parole or post-release supervision. (Attachment 2)
Natalie Chalmers, Principal Assistant Solicitor General, Office of the Attorney General, testified that this office is in support of the bill, asking for 1 day of credit for 1 day in jail. (Attachment 3)
Michael Kagay, District Attorney 3rd Judicial District of Kansas, testified that HB2444 addresses a narrow but serious public safety problem: repeat felon offenders who commit a new felony while already under felony supervision for a prior felony. It is targeted accountability for repeat felon offenders who have demonstrated, by conduct, that prior supervision did not deter further felony crime. (Attachment 4)
Sheriff Brian Hill, Shawnee County Sheriff's Office, testified that there is a long-time problem with repeat offenders in Kansas jails. The problem is common in narcotics offenses. This bill could provide continuity in sentencing across the state for repeat offenders. (Attachment 5)
The Proponents stood for questions.
The Chairperson pointed out the Proponent Written Only Testimony.
Kansas County & District Attorneys Association (Attachment 6)
Stephen M. Howe, District Attorney, 10th Judicial District (Attachment 7)
Opponents:
Steve Willis, Director of Shawnee County Department of Corrections, and Vice President of Kansas Community Corrections Association, testified that this bill would significantly limit judicial discretion and reduce the availability of structured, treatment-based community interventions for individuals who commit a new felony while on supervision. Believing that treatment matters, these agencies would be in favor of changes in Section 2 concerning treatment for persons who receive a new conviction on probation for a non-person drug felony. (Attachment 8)
Grace Tran, Criminal Defense Attorney, testified in opposition to the bill because it takes away discretion from judges and also because it would unfairly affect Kansans in poverty by the requirement of paying bail or being incarcerated. (Attachment 9)
Emily Brandt, Criminal Defense Attorney, testified that she opposes the bill's proposed amendments to K.S.A. 21-6615 because it will unnecessarily further complicate jail credit calculation. (Attachment 10)
Jennifer Roth, Attorney at Law, testified that this bill would replace discretion with blanket policy, upend other policy choices made by the Legislature, and result in more trials. She has attached the Special Rules Supplemental Page to her testimony for the Committee to consider. (Attachment 11)
The Opponent conferees stood for questions.
Neutral Conferees:
Natasha Carter, Chief Legal Counsel with the Kansas Department of Corrections, testified the Department Of Corrections is supportive of the section concerning the jail credit issue. (Attachment 12)
Chance Berndt, Assistant Public Defender, Kansas State Board of Indigents' Defense Services (BIDS), testified that BIDS is not taking a position on the bill, but has concerns about the potential impact on BIDS' ability to provide effective representation for their clients . He shared three points: 1. Special Rule #9 currently covers the conduct aimed at by this bill. 2. Currently under K.S.A. 21-6615, a person receives 'credit' on their prison sentence for time they spend in jail prior to their conviction. 3. The proposed bail minimums for certain offenders would invite constitutional challenges and ongoing litigation. (Attachment 13)
Chairperson Humphries closed the Hearing on HB2444.