Senate Bill 123


Drug Abuse Treatment Programs (SB 123)

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

2003 SB123 FLOWCHART - Effective 2020

image of SB123 eligibility flowchart