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Minutes for HB2146 - Committee on Corrections and Juvenile Justice
Short Title
Expanding the number of presumptive probation abd border grid blocks in the sentencing grid for drug crimes.
Minutes Content for Wed, Feb 10, 2021
Chairperson Jennings opened the hearing on HB2146.
Natalie Scott, Assistant Revisor, provided an overview of HB2146 and the statute it affects. (Attachment 5) The revisor stood for questions.
Chairperson Jennings requested membership hold questions until all proponent testimony was completed.
Scott Schultz submitted a Prison Bed Space Impact Assessment and testified in support of HB2146 stating the Kansas Sentencing Commission requested the bill for introduction. HB2146 proposes modification of the presumptive probation ranges on the drug grid that reflects current sentencing practices, as well as expand the (2003) SB123 substance abuse treatment program. (Attachment 6) (Attachment 7)
Randall Bowman testified in support of HB2146 reporting the bill would decrease the prison population and increase the probation population. Using the Kansas Sentencing Commission’s projected 295 bed space savings in fiscal year 2022 would result in a FY2022 net expenditure reduction of approximately $314,000. (Attachment 8) Questions by the Committee were addressed.
Patrick Armstrong and Carl Reynolds testified in support of HB2146 providing a presentation overview of the organizations’ work with the Kansas Criminal Justice Reform Commission to conduct a data-driven comprehensive system analysis utilizing a number of assessments statewide. The presentation slides further outline efficient and effective strategies to reduce recidivism and maintain public safety. (Attachment 9)
Kendall Seal testified in support of HB2146 stating much his testimony mirrors what has already been said and opted not to repeat it however wanted to point to supplemental data in the written testimony related to racial disparities in probation sentences which are prevalent in Kansas. Further, Mr. Seal noted the ACLU of Kansas views drug possession for personal use as a public health issue versus a criminal justice issue. (Attachment 10)
Discussion and questions from the Committee of proponent testimony participants were addressed.
Ed Klumpp testified in opposition of HB2146 stating the primary concern lies with the proposed sentencing grid and citing several examples noting not all transactions are simple possession cases. (Attachment 11)
Greg Smith testified in opposition of HB2146 stating drug crimes are not “victimless” crimes and related examples of such in the Johnson county area. (Attachment 12)
There was no neutral testimony.
Discussion and questions from the Committee of opponent testimony participants were addressed.
Chairperson Jennings called for final questions from the Committee.
The hearing on HB2146 was closed.
Chairperson Jennings announced the scheduled hearing on HB2147 would be continued next week and would like to schedule the remaining time after the hearing to discuss the three bills; HB2139, HB2146, and HB2147 because of how interwoven the bills are.
The next meeting is February 11, 2021.
The meeting adjourned at 3:00 p.m.
