Chairwoman Warren opened the hearing on HB2444

Natalie Scott, Revisor's Office, provided an overview of the bill and stood for questions. (Attachment 12)

Laura Williams, Kansas House of Representatives 30th District, provided testimony in support of the bill.  She stated this bill sets clear, uniform guardrails for when unsecured release is and isn't appropriate.  Judicial and prosecutorial discretion were never intended to override the clear intent of the Legislature.  In short, this bill brings Kansas back to the fundamentals; making bail decision that actually protect our communities. (Attachment 13)

Kyle McNorton, Kansas House of Representatives 50th District, provided support for the bill.  He states this bill will remove the discretion from judges who consistently release repeat offenders back on the street.   (Attachment 14)

Mike Kagay, District Attorney, Shawnee County District Attorney Office, supports this bill.  He states it 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.  These are not first time offenders.  This bill strengthens accountability and improves consistency.  (Attachment 15)

Charles Kitt, Office of the Shawnee County District Attorney, testified in support of the bill.  He states this bill requires the court to impose the mandatory penalties that the legislature has already set forth in various statutes.  (Attachment 16)

Shane Rolf, Executive Vice President, Kansas Bail Agents Association, testified in support of the bill.  While he does agree with the sentencing reforms for repeat offenders, we will focus specifically to the bail related aspects of the bill.  They support a surety bail, as it works far better than cashless bail. (Attachment 17)

Sheriff Jeff Easter, Sedgwick County, Kansas Sheriffs Association, stated they support the bill.  Victims and law enforcement officers are often perplexed and frustrated by some Kansas sentencing policies  This bill addresses several of those things. - (Attachment 18)

Anna and Jordan McGrain, Private Citizens, testified in support of the bills (HB2444 and HB2610), as they seek to strengthen protections for our communities by ensuring that individuals who demonstrate disregard for the law, show a clear pattern of dangerous behavior and pose an ongoing risk to public safety cannot be released with a simple promise to appear in court. (Attachment 19)

Written only testimony as a proponent, was submitted by the following:  

• Ed Klumpp, Legislative Liaison, KS Assoc. of Chiefs of Police; KS Peace Officers Assoc. (Attachment 20)

Proponents conferees stood for questions and discussion.

Randy Regehr, Director of Reno Co. Community Corrections and President of the Kansas Community Corrections Association (KCCA), spoke in opposition to the bill.  The KCCA is committed to enhancing public safety in meaningful ways through evidence=based practices, graduated responses, and responsible use of state and county resources.   (Attachment 21)

Emily Brandt, Criminal Defense Attorney, provided testimony opposing the bill.  She states sentencing judges should simply award credit for the time an individual has served and let KDOC apportion out the credit in accordance with the statute and its regulations.(Attachment 22) 

Grace Tran, Criminal Defense Attorney, spoke in opposition to the bill.  She stated the judge should first consider nonmonetary forms of release and that release be under the least restrictive condtion to assure a defendant's appearance while protecting the public.  This is consistent with the presumption of innocence we all enjoy. (Attachment 23)

Logan DeMond, Director of Policy and Research, ACLU Kansas, provided testimony is opposition to the bill.  He stated this bill does not move Kansas towards a fairer, evidence-based system of justice.  Rather, it would expand punitive, unsustainable pretrial detention practice and increase jail and prison population.(Attachment 24)

Jennifer Roth, Opponent, spoke of the sweeping policy changes to long-standing criminal law that would result in treating every person and situation the same rather than with individualized consideration.  (Attachment 25)

Jennifer Lautz, Hartenstein Poor & Foster LLC, provided testimony in opposition of the bill.  She said ultimately, this bill primarily benefits bonding companies.  It does little to reduce recidivism and will increase costs to Kansas by expanding the jail population and burdening local resources. (Attachment 26)

Written only testimony was submitted by the following:

• Carter Jones, Public Defender, Topeka, KS (Attachment 27)

Opposition conferees stood for questions and further discussion.

Norbert Marek, JR. District Judge, Jackson County District Court, provided neutral testimony.  He asks that the committee take a careful look at the bill.  Many parts should become law, but the bill should not be swallowed whole.  Some part are either unnecessary or should stand for further amendment.  (Attachment 28)

Scott Schultz, Executive Director, Ks Sentencing Commission, provided neutral testimony.  He stated this bill will significantly affect (2003)SB123-eligible individuals by converting treat-mandated cases into presumptive prison sentences whenever a new felony occurs during supervision.  The resulting bed impact - approaching 500 beds annually in ten years - would be he largest in recent years. (Attachment 29)

Stuart Little, Behavioral Health Assoc of Kansas, provided neutral testimony.  He stated their members collaborate with corrections and court services probation programs to provide treatment services.They believe maintaining the court's option, when appropriate, will still allow the community supervision.(Attachment 30)

Jackie Hanzok, Sr Assistant Public Defender, BIDS Legislative Committee, provided neutral testimony.  She spoke to the Drug Treatment Court that give participants a chance at gaining the tools need to have the chance at a departure to probation. (Attachment 31)

David Magariel, Chief Defender, Twenty-Ninth Judicial District Public Defender Office, provided neutral testimony.  He said the real impact of this change would far beyond sentencing data.  With mandatory prison sentences and no discretion to depart from that sentence, any case that falls under this rule would be forced to jury trial. As jury trial increase, BIDS will require significant additional staff and resources. (Attachment 32)

Marc Bennett, District Attorney, Eighteenth Judicial District, provided neutral testimony.  He supports Section 1 as written, he opposes the other sections of this bill.  He addressed each section in his testimony.  (Attachment 33)

Kris Kobach Attorney General, Office of the Attorney General, provided neutral testimony.  He stated the office of the Attorney General proposes amendments to ensure consistency throughout the statutes.  (Attachment 34) 

Nathan Magruder, Clinical Director, Cherry Creek Treatment Center, provided neutral testimony.  He spoke as a long- term person in recovery and was a participant in the (2003)SB123 program.  Programs like (2003)SB123 do more than address addiction, they create opportunities for people to rebuild their lives.  (Attachment 35)

Neutral conferees stood for questions and further discussion. 

Chairwoman Warren closed the hearing on HB2444.

Meeting adjourned 12:31 p.m.