20210728-55820-03

Analysis Area 1: Analyze crime trends, including recent increases in of violent crime, to help the state understand the impacts of these trends on the criminal justice system, and maintain recent changes that make more effective use of corrections resources, including prison space.

Background: The June 2020 prison population report in Kansas shows the state prisons are operating at 91 percent of capacity. But this figure masks the reality that as recently as March 2020, the Kansas prisons were reported to be operating at 100 percent of capacity by the Kansas Department of Corrections (KDOC). And, prior to the dramatic population declines from 10,031 people in March 2020 to 9,189 in June 2020 , the prison population was projected to increase 14 percent by fiscal year (FY) 2029, costing the state an estimated additional $209 million. Kansas had the seventh-largest violent crime rate increase in the nation between 2010 and 2018, and people sentenced to prison for violent offenses made up more than half of the prison population in FY2019.

Update: In May, HB 2077 passed, which re-establishes the Commission. The Commission will monitor the implementation of policies recommended in 2020, standardize conditions of supervision across the state, consolidate dual supervision, and propose legislation for the 2022 legislative session.
During the 2021 legislative session, HB 2146, which expanded the number of presumptive probation and border grid blocks to the sentencing grid for drug crimes, was passed out of committee but did not make it to vote on the House floor before the end of the session. HB 2350, which expanded the number of presumptive probation and border grid blocks to the sentencing grid for non-drug crimes did not make it out of committee. There is currently support from legislative champions to re-introduce this legislation during the 2022 legislative session.
Analysis Area 2: Analyze and evaluate the effectiveness of community supervision to understand the causes of recidivism and technical violations that result in jail and prison admissions and strengthen community supervision by expanding resources to improve supervision success rates.

Background: Sending people to prison for community supervision sanctions, violations, and revocations has historically contributed substantially to prison population pressures in Kansas. In FY2019, two-thirds of all prison admissions were due to probation sanctions and violations (46 percent) or violations of parole (20 percent). The majority of these admissions were for violations of supervision conditions or supervision sanctions, rather than for new offenses. Breaking these numbers down by sex reveals that nearly two-thirds of women admitted to prison in FY2019 were admitted for probation sanctions or violations, compared to fewer than half of men. Ultimately, people returning to prison due to supervision violations is expensive and consumes state dollars and resources that could be allocated for more effective public safety responses to supervision violations.

Update: In May, HB 2121 passed, which requires KDOC to develop responses for sanctions and incentives (formerly HB 2275) and establishes a definition of absconders.

During the 2021 legislative session, HB 2084, which created earned compliance credits and increased early discharge eligibility, did not pass out of committee before the end of the session. Additionally, HB 2361, which authorizes the supreme court to adopt rules establishing specialty courts and creates a specialty court advisory committee, passed the House and was introduced in the Senate but did not make it to vote prior to the end of the session. There is currently support from legislative champions to re-introduce this legislation during the 2022 legislative session.

Analysis Area 3: Assess the state’s response to people in the criminal justice system with behavioral health needs and identify opportunities for decreasing recidivism by helping people succeed upon release to the community.

Background: Gaps in Kansas’s behavioral health infrastructure, including a lack of hospital beds statewide and limited community mental health center access in rural areas, place pressure on Kansas’s prisons. When people are unable to access mental health resources, law enforcement and the courts often rely on incarceration to remove them from the community to ensure both individual and community safety, often with the unfulfilled hope that these people will receive needed treatment while incarcerated. Between FY2016 and FY2019, the number of people in prison with a serious mental health need increased nearly three times faster than the total prison population in Kansas. One-third (33 percent) of the people in prison in FY2019 had an identified mental health need, including 10 percent who were identified as having a severe and persistent mental illness.

Update: No updates in May.
Analysis Area 4: Assess the state’s current reentry efforts for expanding paths to successful employment, in part by increasing post-secondary education opportunities for incarcerated people and ensuring housing support after release, including for those who have mental illnesses, developmental disabilities, and other special needs.

Background: The majority of people released from prison each year need some type of programming or services: 75 percent need programming to address criminal thinking and social skills, 75 percent need substance use and recovery programming, 75 percent need education or employment services, and 20 percent need housing support. Due to limited KDOC capacity, however, access to these services varies widely and many people return to the community without receiving the assistance they need.

Update: During the 2021 legislative session, HB 2215, which expands eligibility for the supplemental nutrition assistance program (SNAP) for people with a felony drug conviction, and HB 2370, which decreases barriers for occupational licensure for people with a criminal record, did not pass out of committee prior to the end of the legislative session. There is currently support from legislative champions to re-introduce this legislation during the 2022 legislative session.

Other Updates:
A common practice in the Kansas legislature is to consolidate numerous bills into one during the reconciliation process if amendments are made to the bills when passed in the House or the Senate. As a result, some non-Justice Reinvestment policies were added to bills containing Justice Reinvestment policies.
• HB 2026 – Expands existing drug treatment infrastructure to include prosecutor diversions.
o Includes non-Justice Reinvestment policies: No
• HB 2077 – Re-establishes the Commission to work on Justice Reinvestment recommendations and monitor the phase II process.
o Includes non-Justice Reinvestment policies: Yes
• HB 2121 – Requires KDOC to develop responses for sanctions and incentives (formerly HB 2275) and establishes a definition of absconders.
o Includes non-Justice Reinvestment policies: Yes

In May, the Kansas legislative session continued and CSG Justice Center staff remained on call to support Kansas Criminal Justice Reform Commission (KCJRC) members in the event that questions were raised regarding Justice Reinvestment policy recommendations. Because there were not any public meetings or hearings related to Justice Reinvestment policies, coordination with stakeholders this month was primarily conducted through written communication rather than phone conversations.

CSG Justice Center staff:
• Reviewed feedback from supervision officers from across the state based on assessment work conducted over the last few months. The effort revealed ongoing challenges and the officers’ perspective on potential policy changes.
• Coordinated with reentry organizations like Reaching Out from Within on ways to highlight key criminal justice system issues and sustain momentum for reforms in the coming months
• Strategized about ways to collaborate with external partners interested in improving supervision systems nationwide and in Kansas, including organizations such as Pew, the ACLU, and Americans for Prosperity
• Worked with the Kansas Stepping Up Technical Assistance Center to identify overlapping priorities of the Kansas Department of Aging and Disability Services (KDADS) related to statewide behavioral health system improvements that are also included in the Justice Reinvestment recommendations
• Continued to share resources and research with Kansas stakeholders on a range of topics, including housing support for people on supervision (e.g., resources from the National Low Income Housing Coalition) and state examples to relieve employment barriers (e.g., examples of state statutes that minimize barriers to employment in the food/beverage service industries)
• Partnered with Kansas Legislative Research Department to ensure that CSG Justice Center staff were informed and prepared to keep KCJRC members up to date on the progress of Justice Reinvestment policy recommendations
• Began internal preparation for implementation work in anticipation of Justice Reinvestment policy recommendations passing this session
• Maintained contact with Justice Reinvestment legislative champions to track Justice Reinvestment debates that were taking place in private conference committee meetings that were closed to the public