TOPEKA–Kansas Governor Sam Brownback today signed into law Senate Bill 367, a comprehensive set of data-driven policy recommendations that will increase public safety, effectively hold juvenile offenders accountable, and reduce juvenile justice costs. When fully implemented SB 367 is projected to result in a 60 percent reduction in the out-of-home population by FY 2022 as compared with baseline projections, producing approximately $72 million in reinvestment dollars over five years from FY 2018-2022.

“Juvenile justice reform has been a priority for my administration,” Governor Brownback said. “I appreciate the honest assessment of what’s working and what we could do to better align our state with what the research says works. I wanted to see recommendations that help Kansas protect public safety and improve outcomes across our juvenile justice system.  This piece of legislation accomplishes that.”

Senate Bill 367 is based on policy recommendations from the Kansas Juvenile Justice Workgroup.  In June 2015, Gov. Sam Brownback, legislative leaders, and Chief Justice Lawton Nuss tasked a bipartisan, inter-branch Workgroup with examining Kansas’s juvenile justice system and recommending comprehensive reforms aimed at protecting public safety, holding offenders accountable, containing costs, and improving outcomes for youth, families, and communities.

“The Workgroup did an excellent job of recommending ways to increase public safety and create a more effective and efficient juvenile justice system,” said House Speaker Merrick. “Working together we can do better for our kids, families, and communities by shifting policy and resources toward smarter strategies that cost less.”

The Workgroup conducted a comprehensive, data-driven analysis of the juvenile justice system, reviewed key data from every stage of case processing, and gathered input from those who work on the front lines with youth and their families. In November, the Workgroup issued a report containing its findings and the policy recommendations that formed the basis for SB 367.

Highlights of SB 367 include:

• Establishment of a multi-agency, 19 member Juvenile Justice Oversight Committee, tasked with overseeing the implementation of Juvenile Justice Reforms
• Adoption of rules and regulations for a statewide system of structured, graduated responses to promptly address violations of probation
• Semi-annual training on evidenced-based practices for all individuals who work with juveniles
• Expanding on early responses through targeted services and interventions
• Focusing the most costly out-of-home placement resources on more serious, higher-risk youth
• Defining timeframes for case lengths
• Increasing options for evidence-based programs in the community
• Establishment of a Juvenile Justice Improvement Fund to ensure that costs averted from out of home placement are shifted to community-based services

“We took a hard look at our current juvenile justice system to see what wasn’t working,” said Senate President Wagle. “SB 367 will allow us to remain tough on crime while also being smart on crime by addressing the behaviors that lead youths to break the law in the first place.”

“From the beginning we were focused on opportunities for better outcomes for our youth and our communities,” said Chief Justice Nuss. “I am encouraged by this bill and believe that the implementation of the reforms contained in SB 367 will help us create a juvenile justice system aimed at increasing the success of our youth.”

“This legislation to overhaul the juvenile justice system is long overdue,” said Senate Minority Leader Anthony Hensley. “For too long we have neglected to help troubled juveniles become productive members of society.”

With SB 367 we can now move forward on helping troubled juveniles avoid a future of incarceration

“With SB 367, Kansas will have a juvenile system that focuses on public safety and improving the outcomes of youth”, said House Minority Leader Burroughs. “This legislation will mean having fewer youth in our juvenile system and fewer coming into our adult corrections system too”

The Workgroup was co-chaired by Representative John Rubin and Senator Greg Smith, chairs of the House and Senate Corrections and Juvenile Justice Committees. It also included 15 additional members:

• Representative Gail Finney, District 84
• Senator Pat Pettey, District 6
• Judge Thomas Foster, 10^th Judicial District
• Judge Mary Thrower, 28^th Judicial District
• Judge Delia M. York, 29^th Judicial District
• Mark Gleeson, Office of Judicial Administration
• Stephanie Springer, 27^th Judicial District Chief Court Services Officer
• Ray Roberts, Secretary, Kansas Department of Corrections (KDOC)
• Terri Williams, Deputy Secretary of Juvenile Services, KDOC
• Randy Bowman, Director of Community Based Services, KDOC
• Melody Pappan, Cowley County Youth Services Administrator
• Jaime Rogers, Deputy Secretary, Kansas Department for Children and Families
• Trent Wetta, Kansas Legal Services
• Karen Griffiths, Assistant County Attorney, Norton County
• Ed Klumpp, Kansas Association of Chiefs of Police and Kansas Sheriffs Association

The Kansas Juvenile Justice Workgroup received technical assistance from The Pew Charitable Trusts and the Crime and Justice Institute at Community Resources for Justice.

For more info about SB 367, visit http://www.kslegislature.org/li/b2015_16/measures/sb367/

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Click here to read more about the juvenile justice reform bill.

 

The following statement is attributed to Senate Democratic Leader Anthony Hensley, D-Topeka:

“I don’t know what Sam Brownback and his legislative allies expected when they eliminated the school finance formula thereby eliminating all equity components — proving they are out of step with Kansans who value good, quality public schools.

“Years of reckless fiscal policies have taken a toll on public education. It’s time for the Governor and Republican legislators to stop playing games with our children’s future and restore the cuts they made to our schools.”

Read more about the issue in this article from the Topeka Capital-Journal entitled ‘Kansas school funding ruling roils Legislature, provoking fury toward justices‘

Washington Days 2016, February 26, 2016

As a lifelong Kansan I know and understand Kansas values – priorities that you and I as citizens of this great state have in common.

We value strong public schools and public school teachers who prepare our children for lifelong success.

We value fair taxation and fiscal responsibility that balances our state’s budget and still takes into account the needs of the people.

We value the right of citizens to make decisions for themselves at the local level, rather than decisions being made for them in Topeka.

Most importantly we value commonsense, good government that is responsive to the people of Kansas.

It goes without saying that Sam Brownback and his legislative allies have either forgotten these values or never had them in the first place.

Six years ago when Sam Brownback came into office the tenants of good government and sound fiscal policy were replaced by an ideological agenda and extreme fiscal mismanagement.

And with it came:

• Record budget cuts to public education
• The single largest tax increase in Kansas history
• Month after month of lower than expected revenue
• Budget shortfalls year after year
• Continuous raids on our state’s highway fund
• Three credit downgrades from two reputable credit rating agencies
• And a persistent assault on local control

For example, last session Republicans placed a cap on local property taxes that will take effect in 2018, despite local officials across the state warning the legislators of the adverse consequences.

And, now, Brownback has announced plans to accelerate the property tax lid so it takes effect this summer.

Republicans are also proposing that a special committee of the legislature be created to oversee and approve any school bond issue before the issuance is placed on a ballot before local voters.

Whatever happened to the longstanding practice in Kansas of local control?

House and Senate Democrats strongly oppose this proposal because it is an insult to the intelligence of every local elected school board member and local school district voter in Kansas.

House and Senate Democrats believe in the power of the people through the democratic process.

We put our trust in local policy makers and voters to think for themselves and to make decisions and take actions that are in the best interests of the children, parents and taxpayers in their local community.

In addition to this proposal, they have introduced a bill to reduce the number of school districts from the current 286 to 132.

In counties with less than 10,000 students, local school districts would be consolidated down to one district.  Consequently, this proposal would be devastating to rural communities and rural school districts.

While imposing a property tax lid on local governments, the 2015 Legislature approved a state budget that included a provision – at the request of Governor Brownback – to suspend the 18% bonding debt cap for the Kansas Department of Transportation for 2016 and 2017.

This hypocritical provision allows the Brownback administration to circumvent the balanced budget requirement of the state’s constitution.

Then in December the Secretary of KDOT issued another $400 million in bonds which was supposedly for the T-Works highway improvement program.  This raises KDOT’s bonded indebtedness to an all-time high of $2 billion.

It’s obvious that the plan is to use this money to help eliminate the shortfall in the State General Fund.  This is reckless and irresponsible fiscal policy.  It’s like taking out a second mortgage on your house to pay for your living expenses.

This is a financial scheme that Bernie Madoff would proud of.  And, you know where he is these days?  He’s spending 150 years in prison.

Worse yet, the first payment on the principle for this bond issue is not due until 2025, seven years after Sam Brownback leaves office.

We are borrowing money now to pay this year’s bills and we won’t start paying on the principle for another 10 years.  And, those who voted for this call themselves conservatives?

They are decimating sound budget principles that have been the foundation of state government in Kansas for decades.

As one editorial writer put it, “Bearing the brunt of this morally bankrupt policy will be those in Kansas who can least afford it as well as our children and their children who will have no choice but to pick up the tab.”

He went on to write, “They are more concerned with fulfilling their political agenda of giving tax breaks to the wealthiest individuals and corporations while further restricting the ability of government to perform its duties.”

And just last week the Republicans approved a budget that allows Brownback to make only three quarterly payments into the state retirement system this fiscal year, if money runs out. The fourth payment must still be made, but not until next year, and then with 8% interest tacked on.

That means three payments in FY 2016, but five in FY 2017. In other words, they’re using KPERS like a credit card.  The state slides by now, but pays big time next year.

All of this because Sam Brownback has set our state’s course on what he calls his “glide path to zero” on income taxes.

And, what about taxes?

After the 2015 session ended on its 114^th day, the longest session in state history, Sam Brownback held a news conference and claimed that the tax plan he signed into law is not a tax increase.

The truth is, not only was it a tax increase, it was the largest tax increase in history.

As of July 1^st of last year the statewide sales tax was increased to 6.5% statewide.

Senate Democrats offered amendments twice to lower the sales tax rate on food.  Both passed by wide margins.  Unfortunately, the final tax plan did not reduce the sales tax on food.

As a result, Kansas now ranks number one for the highest sales tax rate on food in the country. This dubious distinction belonged to Mississippi, which has a 7% statewide sales tax but very limited local sales taxes.

Our combined statewide and local sales tax is what moves us ahead of Mississippi.

For example, in Liberal, Pittsburg and Parsons the statewide plus the local sales tax is now 9.25%, while in Coffeyville, Independence and Leavenworth the combined rate is 9.5%.

Johnson County consumers will pay the sales tax on food ranging from 8.85% in Overland Park to 9.35% in Shawnee, and yet Gov. Brownback doesn’t seem at all concerned that they will shop in Missouri where the food sales tax is only 1.225%.

The most troubling consequence of being number one is the adverse impact it will have on older and lower-income Kansans who are already struggling to meet their daily needs.

That is why Senate Democrats now have our own “glide path to zero.”

We have introduced Senate Concurrent Resolution 1612.

This is an amendment to the Kansas Constitution to reduce the sales tax on food until it is eliminated by 2019.  The amendment would be placed on the November 2016 election ballot.

Another bill in the House would end the unfair “pass through” income tax cut for 330,000 businesses and use the revenue to reduce the sales tax on food to 2.6%.

And, then there’s the 12,000 pound Elephant in the room.

On February 11, the Kansas Supreme Court ruled that the Republican Legislature violated Article 6 of our state’s constitution when they repealed the previous school finance formula and replaced it with a system of block grants for two years.

This ruling upheld a district court decision which said the block grant system is not equitable.

This is what the Supreme Court said in its ruling:  “The Legislature’s chosen path during the 2016 session will ultimately determine whether Kansas students will be treated fairly and the schoolhouse doors will be open to them in August for the beginning of the 2016-2017 school year.”

“We regard the decision of the Supreme Court in the school cases as a clear abuse of judicial power. It climaxes a trend in the judiciary undertaking to legislate.”

“The Supreme Court, with no legal basis for such action, undertook to exercise their naked judicial power and substituted their personal political and social ideas for the established law.”

“This unwarranted exercise of power by the Court leads us to use all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation.”

Actually, these comments were penned back in 1956 as part of the “Southern Manifesto” signed by 100 Southern Senators and Congressman in protest of a Supreme Court ruling known as Brown v. Board of Education.

Last session, every House and Senate Democrat voted against the Brownback block grant plan because we knew then it was unconstitutional.

We now call upon the Republican leadership to join us at the table to do the right thing and make sure we pass a fair and adequate school finance plan this session.

And, we now call upon the Republican leadership to join us to do the right thing in passing the Kansas Hospital Association’s bill to expand Medicaid.

Not only is the right thing to do for 150,000 Kansans without health insurance, it is the right thing to do to insure that rural Kansas hospitals remain open.

Finally, I ask all of us in this room to join together in electing Democrats to the House and Senate so that we can put a stop to the reckless and irresponsible Brownback agenda.

When you look at his agenda there isn’t any wonder why he is the most unpopular Governor in America and we need to seize the opportunity in 2016 to defeat those who rubberstamp that agenda.