What Is 2003-SB123?
2003-SB123 is the Alternative Sentencing Policy for Non-Violent Drug Possession Offenders.
On November 1, 2003 legislation became effective that provides that certain adult offenders sentenced for a first or second drug possession be sentenced to Community Corrections intensive supervision and be required to successfully complete a certified drug treatment program in lieu of being sentenced to a state correctional facility.
The purpose of the 2003 Senate Bill 123 (SB123) is to provide community supervision and drug treatment to offenders with drug abuse problems in order to reserve correctional facility capacity for more serious, violent offenders.
The Kansas Department of Corrections is responsible for the certification of all treatment providers who wish to assess and treat SB123 clients.
To obtain certification for SB123 assessment and treatment, programs must:
- Be licensed by Social Rehabilitation Services (SRS) - Addiction and Prevention Services (AAPS). Newly established agencies in a “provisional” status seeking approval under Senate Bill 123, shall be reviewed on an individual basis by the Kansas Department of Corrections.
- Employ at least one counselor that is certified in the cognitive-behavioral tools, via the “Thinking for a Change” Facilitator Training conducted by the Kansas Department of Corrections to treat Senate Bill 123 clients.
- Employ at least one counselor that is trained and certified (SRS-AAPS) to administer the Addiction Severity Index (ASI).
- Employ at least one counselor that is trained and certified (SRS-AAPS) to administer the Substance Abuse Subtle Screening Inventory (SASSI). This is required for agencies providing the Assessment modality.
Note: Licensed agencies that are approved to provide services under Senate Bill 123 placed in “provisional” status by AAPS due to compliance related concerns will be allowed to continue treatment of current Senate Bill 123 clients but will not be allowed to treat new clients until the Kansas Department of Corrections receives notification from the provider in question indicating that their “provisional” status is upgraded to full licensure by AAPS.
Once approved by KDOC, providers must also complete the following documentation with Kansas Sentencing Commission and Community Corrections to ensure payment.
- Enter into a “Provider Agreement with Community Corrections Agency” with each Community Corrections agency to whom they intend to provide services.
- Enter into a “Qualified Service Organization Agreement (QSOA)” with their Community Corrections agency and with the Kansas Sentencing Commission. NOTE: Agencies performing detoxification services only do NOT need to have someone certified in cognitive-behavioral tools but must be licensed by AAPS.
Note: Agencies performing Assessments, Social Detoxification or Drug Education services only do NOT need to have someone certified in the cognitive-behavioral Tools but must be licensed by SRS-AAPS.