Senate Bill 123 Eligibility

Drug Abuse Programs

HB 2026 establishes a certified drug abuse treatment program for certain persons who have entered into a diversion agreement pursuant to a memorandum of understanding and amends law related to supervision of offenders and the administration of certified drug abuse treatment programs. It also amends law to change penalties for crimes involving riot in a correctional facility and unlawfully tampering with an electronic monitoring device.

These provision were effective July 1, 2021

2021 Legislative Changes to the KSGA and Related Criminal Law HB 2026 can be viewed here.

2019 Senate Bill 18
expands eligibility for the nonprison sanction of placement in a certified drug abuse treatment program, commonly referred to as 2003 SB 123, to include offenders convicted of a controlled substance cultivation or distribution offense that falls within existing severity level and criminal history categories eligible for such treatment for controlled substance possession offenses. These categories include drug severity level 5 offenses without certain previous convictions and drug severity level 4 offenses with a criminal history score of E-I without certain previous convictions. [Note: Under continuing law, Kansas’ sentencing guidelines for drug crimes utilize a grid containing the crime severity level (1 to 5, 1 being the highest severity level) and the offender’s criminal history score (A to I, A being the highest criminal history score) to determine the presumptive sentence for an offense. There is no current cultivation or distribution offense with drug severity level 5. An offender is classified as criminal history level E if the offender has at least three nonperson felonies, but no person felonies.]

These provisions take effect July 1, 2019.

Senate Bill 18 can be viewed here

2021 SB123 Eligibility Flowchart - Effective 7/1/21

image of SB123 eligibility flowchart