HB 2077 amends law related to the Kansas Criminal Justice Reform Commission,
Kansas Closed Case Task Force, and the Kansas Crime Victims Compensation Board.
Kansas Criminal Justice Reform Commission
Study Topics
The bill amends some statutorily required study topics of the Kansas Criminal Justice
Reform Commission (Commission) and creates new topics.
Diversion programs. The bill amends the requirement related to analysis of diversion
programs to require the Commission to analyze diversion programs utilized throughout the state and make recommendations for legislation that:
● Requires pre-filing and post-filing diversion to be an option in all counties;
● Establishes minimum statewide standards for diversion; and
● Provides a method for sealing or otherwise removing diversion records from
criminal records.
Supervision. The bill amends the requirement related to review of supervision levels
and programming for offenders on community supervision for felony offenses by requiring the Commission to:
● Review the supervision practices for offenders who serve sentences for felony
offenses on supervision, to include:
○ Supervision by court services;
○ Community corrections; and
○ Parole; and
● Discuss and develop detailed recommendations for legislation that establishes
research-based standards and practices for all community supervision programs
that:
○ Provide for incentives for compliant offenders to earn early discharge from
supervision;
○ Create standardized terms and conditions for community supervision and
provide for a method that courts may utilize to use special terms as
indicated through the introduction of compelling evidence;
○ Create standardized effective responses to behavior through a system of
incentives and graduated sanctions; and
○ Provide for a means to consolidate concurrent supervision into one
supervision agency.
Monitor implementation of recommendations. The bill requires the Commission to
monitor the implementation of previously endorsed Commission recommendations, including those developed through justice reinvestment, and receive updates, review data, and identify opportunities for coordination, collaboration, or legislation as needed.
Removed study topics. The bill removes statutory study requirements relating to
specialty courts, evidence-based programming, specialty correctional facilities, and information management data systems. The bill also removes the requirement that the Commission study other matters it determines to be necessary.
Commission Membership
The bill adds a public defender member to the Commission, to be appointed by the State Director of the Board of Indigents’ Defense Services.
Final Report
The bill extends the final report and recommendation submission deadline from
December 1, 2020, to December 1, 2021.
Kansas Closed Case Task Force
The bill modifies law concerning the Kansas Closed Case Task Force (Task Force) by
renaming it the Alvin Sykes Cold Case DNA Task Force. The bill extends the deadline, from October 1, 2020, to October 1, 2021, for completion of the protocol implementation plan relating to closed cases. Similarly, the bill extends the deadline, from December 1, 2020, to December 1, 2021, for the Task Force’s report containing a plan for uniform implementation of the protocol. The bill extends the sunset date for the Task Force from December 30, 2020, to December 30, 2021. The bill also requires the Office of Revisor of Statutes, the Kansas Legislative Research Department, and the Division of Legislative Administrative Services to aid the Task Force as requested by the co-chairpersons.
The bill amends the membership of the Task Force to allow a designee to serve in place
of the state combined DNA index system (CODIS) administrator, but otherwise continues the Task Force as it existed on December 29, 2020, with all other members appointed prior to that date continuing as members of the Task Force.
Kansas Crime Victims Compensation Board
The bill amends the definition of “victim” for purposes of the Kansas Crime Victims
Compensation Board (Board) compensation award process to include a person who suffers personal injury or death as a result of witnessing a violent crime when the person was 16 years of age or younger at the time the crime was committed.
Under continuing law, the general rule is a claim for compensation must be filed within
two years after the injury or death upon which the claim is based.
Continuing law provides an extended deadline for filing an application for compensation
by persons under the age of 16 who are victims of certain crimes. The bill expands the listing of these crimes by adding a reference to a separate listing of “sexually violent crimes” in continuing law. The bill accordingly removes references to specific crimes already incorporated in the listing of sexually violent crimes.
The bill also provides an extended deadline for compensation for mental health
counseling to be awarded under certain circumstances.
Prior law allowed mental health counseling compensation to be awarded if a claim is
filed within two years of:
● Testimony, to a claimant who is or will be required to testify in a sexually violent
predator commitment of an offender who victimized the claimant or the victim on
whose behalf the claim is made; or
● Notification, to a claimant who is notified that DNA testing of a sexual assault kit
or other evidence has revealed a DNA profile of a suspected offender who
victimized the claimant or the victim on whose behalf the claim is made or is
notified of the identification of a suspected offender who victimized the claimant
or the victim on whose behalf the claim is made, whichever occurs later.
The bill replaces these specific exceptions with a provision allowing the Board to award
compensation for mental health counseling to:
● A victim, under the bill’s amended definition pertaining to witnesses of violent
crimes, if the Board finds there was good cause for the failure to file within the
required time periods and the claim is filed before the victim turns 19 years of
age; or
● A victim of a sexually violent crime, if the Board finds there was good cause for
the failure to file within the required time periods and the claim is filed within 10
years of the date such crime was committed, or, if the victim was less than 18
years of age at the time such crime was committed, the claim is filed within 10
years of the date the victim turns 18 years of age.