Lawmakers told drug-treatment plan underfunded

Officials warn that money to treat offenders will run out in months

? Kansas’ new drug treatment law is not yet in effect, but state officials already are saying it is underfunded.

Barbara Tombs, executive director of the Kansas Sentencing Commission, told lawmakers recently the $5.7 million set aside for treatment and supervision of convicted drug offenders would probably run out just months after the law takes effect Nov. 1.

“We may not have enough, and a need for a supplemental (funding bill) may have to occur,” Tombs said.

Tombs said she expected a “huge influx” of offenders would be ordered to receive treatment once the law was enacted.

Some corrections officials have said they were seeing defense attorneys getting legal delays in drug cases so that their clients would be sentenced under the new law.

And Tombs noted that Gov. Kathleen Sebelius, who signed the drug sentencing bill into law, vetoed a budget proviso that would have provided an additional $850,000 for the program. At the time, Sebelius said the proviso violated the principle of separation of powers by requiring her to prepare and submit the additional funds.

Douglas County corrections officials who already say they are overworked and underfunded are sweating out the funding problems.

“I would argue that we don’t have enough resources now, let alone to get an influx of new (cases),” said Ron Stegall, who supervises community corrections in Douglas County.

The anxiety is being caused by a new law, called Senate Bill 123 when it was debated by the Legislature, that reduces criminal penalties in cases involving drug possession. Instead of a prison sentences, offenders will receive treatment.

Supporters of the bill, approved during the past legislative session, said it would free up prison space for more dangerous offenders while rehabilitating low-level offenders into productive citizens.

Some prosecutors favored the legislation, while others, including Douglas County Dist. Atty. Christine Kenney, opposed it because it removed penalties for certain repeat offenders. She said she feared the Legislature would shortchange local jurisdictions on funding to supervise and treat this new category of drug offenders.

“Under the current bill, they put the burden on community corrections programs that are struggling to stay afloat,” Kenney said.

Stegall said he had yet to see any new funding locally to handle supervision of the new offenders.

State corrections officials are working on the process of certifying treatment programs and allocating funds to evaluate, treat and supervise offenders.

“There is so much to be worked out in the next few months, it’s incredible,” Stegall said. “And right now there are more question marks than answers to a lot of those things.”