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Minutes for HB2292 - Committee on Judiciary
Short Title
Allow prosecutor's office to enter into agreements for supervision of people on diversion and allowing people on diversion to participate in the certified drug treatment program.
Minutes Content for Tue, Feb 19, 2019
Natalie Scott, Assistant Revisor, provided an overview of HB2292. There were no questions. (Attachment 4)
Marc Bennett testified in support of HB2292 explained currently in Kansas, when an adult is charged with a crime, three options exist to resolve the matter: (1) conviction (via trial or plea); (2) diversion (per K.S.A. 22-2907 to 22-2912); or (3) dismissal. HB2292 is his attempt to expand the availability of the diversion option to prosecutor’s offices in Kansas. Mr. Bennett stated, "If we really want to stop the revolving door at Kansas prisons, we need more access to community-based drug and mental health treatment programs to afford more opportunities for folks committing low level crimes to be successful probationers and parolees." Statistics he reviewed, which are in his attachment, coupled with the well documented issues of overcrowding and under-staffing currently afflicting the prison system in Kansas. All of the information provided strongly suggest that it’s time for a full assessment of the approach to criminal justice in Kansas and the manner in which the state allocates resources for the same. HB2292 can be a small, first step in this process. (Attachment 5)
Kim T. Parker testified in support of HB2292 stating this bill seeks to allow County and District Attorneys explicit authority to enter into an Memorandum of Understanding with the existing probation supervision agencies; state court services and community corrections to supervise individuals placed on diversion. It also authorizes the utilization of drug treatment money, currently only available to people after they have been convicted, for individuals placed on diversion. This proposal represents an effort to expand diversion in Kansas to allow individuals who are charged with crimes an opportunity to restore victims, obtain treatment, and avoid a conviction. (Attachment 6)
The proponents of the bill stood for questions
Stuart Little provided neutral testimony for HB2292 stating the Kansas Community Corrections Association cannot fully endorse the bill because is would increase the demands on a system of treatment programs that is not funded to handle the expansion of the the number of offenders. Mr. Little stood for questions. (Attachment 7)
Written neutral testimony for HB2292 was submitted by Honorable Merlin Wheeler, Kansas District Judges Association. (Attachment 8)
Amy Raymond testified in opposition of HB2292 stating the Office of Judicial Administration has concerns regarding HB2292 in three primary areas: judicial branch employees taking direction from executive branch employees; the existence of adequate resources; and inconsistency in diversion programs across the state. O.J.A. needs additional time to vet HB2292, consider potential amendments, and cannot support it in its current form. O.J.A recognizes that the availability of diversion programs is important, and she asked the committee to refer this bill for study so that all stakeholders involved have adequate time to evaluate the implications of expanding diversion programs. Ms. Raymond stood for questions. (Attachment 9)
Chairperson Patton closed the hearing on HB2292.
