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HOUSE BILL No. 2192
AN ACT concerning crimes, punishment and criminal procedure; relating to crimes against
persons; limiting or prohibiting work release for an offender convicted of a second or
third offense of domestic battery; requiring an offender convicted of a first offense to
undergo a domestic violence offender assessment; relating to certified drug abuse
treatment programs; excluding certain offenders convicted of a nonperson felony
from participation in such programs; authorizing community correctional services
officers to complete criminal risk-need assessments for divertees who are committed
to such programs; amending K.S.A. 21-5414 and 21-6824 and K.S.A. 2025 Supp. 75-
52,144 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5414 is hereby amended to read as follows:
21-5414. (a) Domestic battery is:
(1) Knowingly or recklessly causing bodily harm to a person with
whom the offender is involved or has been involved in a dating
relationship or a family or household member; or
(2) knowingly causing physical contact with a person with whom
the offender is involved or has been involved in a dating relationship or
a family or household member, when done in a rude, insulting or angry
manner.
(b) Aggravated domestic battery is:
(1) Knowingly impeding the normal breathing or circulation of the
blood by applying pressure on the throat, neck or chest of a person with
whom the offender is involved or has been involved in a dating
relationship or a family or household member, when done in a rude,
insulting or angry manner; or
(2) knowingly impeding the normal breathing or circulation of the
blood by blocking the nose or mouth of a person with whom the
offender is involved or has been involved in a dating relationship or a
family or household member, when done in a rude, insulting or angry
manner.
(c) (1) Domestic battery is:
(A) Except as provided in subsection (c)(1)(B) or (c)(1)(C), a class
B person misdemeanor and the offender shall be sentenced to not less
than 48 consecutive hours nor more than six months' imprisonment and
fined not less than $200, nor more than $500 or in the court's discretion
the court may enter an order which requires the offender to undergo a
domestic violence offender assessment conducted by a certified batterer
intervention program and follow all recommendations made by such
program. As a condition of any grant of probation, suspension of
sentence or parole or of any other release, the offender shall be
required to undergo a domestic violence offender assessment
conducted by a certified batterer intervention program and follow all
recommendations made by such program, unless otherwise ordered by
the court;
(B) except as provided in subsection (c)(1)(C), a class A person
misdemeanor, if, within five years immediately preceding commission
of the crime, an offender is convicted of domestic battery a second time
and the offender shall be sentenced to not less than 90 days nor more
than one year's imprisonment and fined not less than $500 nor more
than $1,000. The five 90 days' imprisonment mandated by this
paragraph may be served in a work release program only after such
offender has served 48 consecutive hours' 20 days' imprisonment,
provided if such work release program requires such offender to return
to confinement at the end of each day in the work release program. The
offender shall serve at least five consecutive 20 days' imprisonment
before the offender is granted probation, suspension or reduction of
sentence or parole or is otherwise released. As a condition of any grant
of probation, suspension of sentence or parole or of any other release,
the offender shall be required to undergo a domestic violence offender
assessment conducted by a certified batterer intervention program and
follow all recommendations made by such program, unless otherwise
ordered by the court; and
(C) a person felony, if, within five years immediately preceding
commission of the crime, an offender is convicted of domestic battery a
third or subsequent time, and the offender shall be sentenced to not less
HOUSE BILL No. 2192—page 2
than 90 days nor more than one year's imprisonment and fined not less
than $1,000 nor more than $7,500. The offender convicted shall not be
eligible for release on probation, suspension or reduction of sentence or
parole until the offender has served at least 90 days' imprisonment shall
serve at least 90 days' imprisonment before the offender is granted
probation, suspension or reduction of sentence or parole or is
otherwise released. As a condition of any grant of probation,
suspension of sentence or parole or of any other release, the offender
shall be required to undergo a domestic violence offender assessment
conducted by a certified batterer intervention program and follow all
recommendations made by such program, unless otherwise ordered by
the court. If the offender does not undergo a domestic violence offender
assessment conducted by a certified batterer intervention program and
follow all recommendations made by such program, the offender shall
serve not less than 180 days nor more than one year's imprisonment.
The 90 days' imprisonment mandated by this paragraph may be served
in a work release program only after such offender has served 48
consecutive hours imprisonment, provided such work release program
requires such offender to return to confinement at the end of each day
in the work release program.
(2) Aggravated domestic battery is a severity level 7, person
felony.
(d) In determining the sentence to be imposed within the limits
provided for a first, second, third or subsequent offense under this
section, a court shall consider information presented to the court
relating to any current or prior protective order issued against such
person.
(e) As used in this section:
(1) "Dating relationship" means a social relationship of a romantic
nature. In addition to any other factors the court deems relevant, the
trier of fact may consider the following when making a determination
of whether a relationship exists or existed: Nature of the relationship,
length of time the relationship existed, frequency of interaction
between the parties and time since the termination of the relationship, if
applicable;
(2) "family or household member" means persons 18 years of age
or older who are spouses, former spouses, parents or stepparents and
children or stepchildren, and persons who are presently residing
together or who have resided together in the past, and persons who
have a child in common regardless of whether they have been married
or who have lived together at any time. "Family or household member"
also includes a man and woman if the woman is pregnant and the man
is alleged to be the father, regardless of whether they have been married
or have lived together at any time; and
(3) "protective order" means:
(A) A protection from abuse order issued pursuant to K.S.A. 60-
3105, 60-3106 or 60-3107, and amendments thereto;
(B) a protective order issued by a court or tribunal of any state or
Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265;
(C) a restraining order issued pursuant to K.S.A. 2024 2025 Supp.
23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, or
K.S.A. 60-1607, prior to its transfer;
(D) an order issued in this or any other state as a condition of
pretrial release, diversion, probation, suspended sentence, postrelease
supervision or at any other time during the criminal case or upon appeal
that orders the person to refrain from having any direct or indirect
contact with a family or household member;
(E) an order issued in this or any other state as a condition of
release after conviction or as a condition of a supersedeas bond pending
disposition of an appeal, that orders the person to refrain from having
any direct or indirect contact with another person; or
(F) a protection from stalking order issued pursuant to K.S.A. 60-
31a05 or 60-31a06, and amendments thereto.
(f) For the purpose of determining whether a conviction is a first,
HOUSE BILL No. 2192—page 3
second, third or subsequent conviction in sentencing under subsection
(c)(1):
(1) "Conviction" includes being convicted of a violation of K.S.A.
21-3412a, prior to its repeal, this section or entering into a diversion or
deferred judgment agreement in lieu of further criminal proceedings on
a complaint alleging a violation of this section;
(2) "conviction" includes being convicted of a violation of a law
of another state, or an ordinance of any city, or resolution of any
county, which prohibits the acts that this section prohibits or entering
into a diversion or deferred judgment agreement in lieu of further
criminal proceedings in a case alleging a violation of such law,
ordinance or resolution;
(3) only convictions occurring in the immediately preceding five
years including prior to July 1, 2001, shall be taken into account, but
the court may consider other prior convictions in determining the
sentence to be imposed within the limits provided for a first, second,
third or subsequent offender, whichever is applicable; and
(4) it is irrelevant whether an offense occurred before or after
conviction for a previous offense.
(g) A person may enter into a diversion agreement in lieu of
further criminal proceedings for a violation of subsection (a) or (b) or
an ordinance of any city or resolution of any county which prohibits the
acts that subsection (a) or (b) prohibits only twice during any five-year
period.
Sec. 2. K.S.A. 21-6824 is hereby amended to read as follows: 21-
6824. (a) There is hereby established a nonprison sanction of certified
drug abuse treatment programs for certain offenders who are sentenced
on or after November 1, 2003. Placement of offenders in certified drug
abuse treatment programs by the court shall be limited to placement of
adult offenders who meet the requirements of this subsection.
(1) Offenders convicted of a felony violation of K.S.A. 21-5705 or
21-5706, and amendments thereto, whose offense is classified in grid
blocks:
(A) 5-C, 5-D, 5-E, 5-F, 5-G, 5-H or 5-I of the sentencing
guidelines grid for drug crimes and such offender has no felony
conviction of K.S.A. 65-4142, 65-4159, 65-4161, 65-4163 or 65-4164,
prior to their repeal, K.S.A. 2010 Supp. 21-36a03, 21-36a05 or 21-
36a16, prior to their transfer, or K.S.A. 21-5703, 21-5705 or 21-5716,
and amendments thereto, or any substantially similar offense from
another jurisdiction; or
(B) 5-A, 5-B, 4-E, 4-F, 4-G, 4-H or 4-I of the sentencing
guidelines grid for drug crimes and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-
4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010
Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or
K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any
substantially similar offense from another jurisdiction;
(ii) the person felonies in the offender's criminal history were
severity level 8, 9 or 10 or nongrid offenses of the sentencing
guidelines grid for nondrug crimes; and
(iii) the court finds and sets forth with particularity the reasons for
finding that the safety of the members of the public will not be
jeopardized by such placement in a drug abuse treatment program.
(2) Offenders convicted of a nonperson felony whose offense is
classified in grid blocks:
(A) 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-I, 9-C, 9-D, 9-E, 9-F,
9-G, 9-H, 9-I, 8-C, 8-D, 8-E, 8-F, 8-G, 8-H, 8-I, 7-C, 7-D, 7-E, 7-F, 7-
G, 7-H or 7-I of the sentencing guidelines grid for nondrug crimes and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-
4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010
Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or
K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any
substantially similar offense from another jurisdiction; and
(ii) the provisions of K.S.A. 21-6804(n), (p), (u) or (x), and
HOUSE BILL No. 2192—page 4
amendments thereto, do not apply; or
(B) 10-A, 10-B, 9-A, 9-B, 8-A, 8-B, 7-A or 7-B of the sentencing
guidelines grid for nondrug crimes and:
(i) Such offender has no felony conviction of K.S.A. 65-4142, 65-
4159, 65-4161, 65-4163 or 65-4164, prior to their repeal, K.S.A. 2010
Supp. 21-36a03, 21-36a05 or 21-36a16, prior to their transfer, or
K.S.A. 21-5703, 21-5705 or 21-5716, and amendments thereto, or any
substantially similar offense from another jurisdiction;
(ii) the person felonies in the offender's criminal history were
severity level 8, 9 or 10 or nongrid offenses of the sentencing
guidelines grid for nondrug crimes; and
(iii) the court finds and sets forth with particularity the reasons for
finding that the safety of the members of the public will not be
jeopardized by such placement in a drug abuse treatment program; and
(iv) the provisions of K.S.A. 21-6804(n), (p), (u) or (x), and
amendments thereto, do not apply.
(b) As a part of the presentence investigation pursuant to K.S.A.
21-6813, and amendments thereto, offenders who meet the
requirements of subsection (a), unless otherwise specifically ordered by
the court, shall be subject to:
(1) A drug abuse assessment that shall include a clinical interview
with a mental health professional and a recommendation concerning
drug abuse treatment for the offender; and
(2) a criminal risk-need assessment. The criminal risk-need
assessment shall assign a risk status to the offender.
(c) If the offender is assigned a risk status as determined by the
drug abuse assessment performed pursuant to subsection (b)(1) and a
risk status as determined by the criminal risk-need assessment
performed pursuant to subsection (b)(2) that meets the criteria for
participation in a drug abuse treatment program as determined by the
Kansas sentencing commission, the sentencing court shall commit the
offender to treatment in a drug abuse treatment program until the court
determines the offender is suitable for discharge by the court. The term
of treatment shall not exceed 18 months. The court may extend the term
of probation pursuant to K.S.A. 21-6608(c)(3), and amendments
thereto. The term of treatment may not exceed the term of probation.
(d) (1) Offenders who are committed to a drug abuse treatment
program pursuant to subsection (c) shall be supervised by community
correctional services.
(2) Offenders who are not committed to a drug abuse treatment
program pursuant to subsection (c) shall be supervised by community
correctional services or court services based on the result of the
criminal risk assessment.
(3) If the offender is permitted to go from the judicial district of
the sentencing court, the court may, pursuant to K.S.A. 21-6610, and
amendments thereto:
(A) Transfer supervision of the offender from that judicial district
to another; and
(B) either transfer or retain jurisdiction of the offender.
(e) Placement of offenders under subsection (a)(1)(B) or (a)(2)(B)
shall be subject to the departure sentencing statutes of the revised
Kansas sentencing guidelines act.
(f) (1) Offenders in drug abuse treatment programs shall be
discharged from such program if the offender:
(A) Is convicted of a new felony; or
(B) has a pattern of intentional conduct that demonstrates the
offender's refusal to comply with or participate in the treatment
program, as established by judicial finding.
(2) Offenders who are discharged from such program shall be
subject to the revocation provisions of K.S.A. 21-6604(n), and
amendments thereto.
(g) As used in this section, "mental health professional" includes
licensed social workers, persons licensed to practice medicine and
surgery, licensed psychologists, licensed professional counselors or
HOUSE BILL No. 2192—page 5
registered alcohol and other drug abuse counselors licensed or certified
as addiction counselors who have been certified by the Kansas
sentencing commission to treat offenders pursuant to K.S.A. 75-52,144,
and amendments thereto.
(h) (1) Offenders who meet the requirements of subsection (a)
shall not be subject to the provisions of this section and shall be
sentenced as otherwise provided by law, if such offenders:
(A) Are residents of another state and are returning to such state
pursuant to the interstate corrections compact or the interstate compact
for adult offender supervision;
(B) are not lawfully present in the United States and being
detained for deportation; or
(C) do not meet the risk assessment levels provided in subsection
(c).
(2) Such sentence shall not be considered a departure and shall not
be subject to appeal.
(i) The court may order an offender who otherwise does not meet
the requirements of subsection (c) to undergo one additional drug abuse
assessment while such offender is on probation. Such offender may be
ordered to undergo drug abuse treatment pursuant to subsection (a) if
such offender is determined to meet the requirements of subsection (c).
The cost of such assessment shall be paid by such offender.
Sec. 3. K.S.A. 2025 Supp. 75-52,144 is hereby amended to read as
follows: 75-52,144. (a) Drug abuse treatment programs certified in
accordance with subsection (b) shall provide:
(1) Drug abuse assessments of any person who is convicted of or
being considered for a diversion agreement in lieu of further criminal
proceedings for a felony violation of K.S.A. 65-4160 or 65-4162, prior
to such section's repeal, K.S.A. 2010 Supp. 21-36a06, prior to its
transfer, or K.S.A. 21-5706, and amendments thereto, and meets the
requirements of K.S.A. 21-4729, prior to its repeal, K.S.A. 21-6824(a)
or 21-6825, and amendments thereto;
(2) treatment of all persons who are convicted of or entered into a
diversion agreement in lieu of further criminal proceedings for a felony
violation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal,
K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or K.S.A. 21-5706,
and amendments thereto, meet the requirements of K.S.A. 21-4729,
prior to its repeal, K.S.A. 21-6824 or 21-6825, and amendments
thereto, and whose sentence requires completion of a certified drug
abuse treatment program, as provided in this section;
(3) one or more treatment options in the continuum of services
needed to reach recovery: Detoxification, rehabilitation, continuing
care and aftercare, and relapse prevention;
(4) treatment options to incorporate family and auxiliary support
services; and
(5) treatment options for alcohol abuse when indicated by the
assessment of the offender or required by the court.
(b) (1) Except as provided further, the criminal risk-need
assessment shall be conducted by a court services officer. A criminal
risk-need assessment for use pursuant to K.S.A. 21-6825, and
amendments thereto, may be conducted by a court services officer or a
community correctional services officer.
(2) The drug abuse treatment program placement assessment shall
be conducted by a drug abuse treatment program certified in
accordance with the provisions of this subsection to provide assessment
and treatment services.
(3) A drug abuse treatment program shall be certified by the
Kansas sentencing commission. The commission may establish
qualifications for the certification of programs, which may include
requirements for supervision and monitoring of clients, fee
reimbursement procedures, handling of conflicts of interest, delivery of
services to clients unable to pay and other matters relating to quality
and delivery of services by the program. Drug abuse treatment may
include community based and faith based programs. The certification
HOUSE BILL No. 2192—page 6
shall be for a four-year period. The commission may establish a process
for revoking certification of programs that do not meet the
commission's qualifications for certification. Recertification of a
program shall be by the commission.
(4) To be eligible for certification or recertification under this
subsection, the commission shall determine that a drug abuse treatment
program:
(1)(A) Meets the qualifications established by the commission;
(2)(B) is capable of providing the assessments, supervision and
monitoring required under subsection (a);
(3)(C) has employed or contracted with certified treatment
providers; and
(4)(D) meets any other functions and duties specified by law.
(c) Any treatment provider who is employed or has contracted
with a certified drug abuse treatment program who provides services to
offenders shall be certified by the Kansas sentencing commission. The
commission shall require education and training that shall include, but
not be limited to, case management and cognitive behavior training.
The duties of providers who prepare the presentence drug abuse
assessment may also include appearing at sentencing and probation
hearings in accordance with the orders of the court, monitoring
offenders in the treatment programs, notifying the probation department
and the court of any offender failing to meet the conditions of probation
or referrals to treatment, appearing at revocation hearings as may be
required and providing assistance and data reporting and program
evaluation.
(d) (1) The cost for all drug abuse assessments performed pursuant
to subsection (a)(1), and the cost for all certified drug abuse treatment
programs for any person who meets the requirements of K.S.A. 21-
6824 or 21-6825, and amendments thereto, shall be paid by the Kansas
sentencing commission from funds appropriated for such purpose. The
Kansas sentencing commission shall contract for payment for such
services with the supervising agency.
(2) The sentencing court shall determine the extent, if any, that
such person is able to pay for such assessment and treatment. Such
payments shall be used by the supervising agency to offset costs to the
state. If such financial obligations are not met or cannot be met, the
sentencing court shall be notified for the purpose of collection or
review and further action on the offender's sentence.
(3) If the person has entered into a diversion agreement in lieu of
further criminal proceedings, the county or district attorney shall
determine the extent, if any, that such person is able to pay for such
assessment and treatment. Such payments shall be used by the
supervising agency to offset costs to the state or county. If such
financial obligations are not met or cannot be met, the county or district
attorney shall be notified for the purpose of collection or review and
further action on the person's diversion agreement.
(e) The community corrections staff shall work with the substance
abuse treatment staff to ensure effective supervision and monitoring of
the offender.
(f) The Kansas sentencing commission is hereby authorized to
adopt rules and regulations to carry out the provisions of this section.
HOUSE BILL No. 2192—page 7
Sec. 4. K.S.A. 21-5414 and 21-6824 and K.S.A. 202 5 Supp. 75-
52,144 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.