March 8, 2022

Kansas criminal justice recommendations

How Kansans can address racial equity in their criminal justice system: examining recommendations from the governor’s commission

This commentary originally ran in the Kansas Reflector on March 8, 2022. About the authors: Dr. Tiffany Anderson, superintendent of Topeka USD 501, and Dr. Shannon Portillo, associate dean and professor at the University of Kansas, served as co-chairs of the Governor’s Commission on Racial Equity and Justice; David Jordan, president and CEO of the United Methodist Health Ministry Fund, chaired the subcommittee on healthcare.

In the summer of 2020, amidst national calls for racial justice and criminal justice reform, Gov. Laura Kelly established the Governor’s Commission on Racial Equity and Justice.

She brought together 15 Kansans with expertise in law enforcement, education, health advocacy, local and state government, policy, philanthropy, and community organizing.

Given the historic need to review justice-related issues in Kansas, the commission started its work by examining law enforcement and the criminal legal system to identify opportunities to address inequities in Kansas’ system. We also sought to understand how to address systemic issues that affect education attainment, economic opportunity and health. The commission met every other week, hosted learning sessions with relevant professional associations and experts, and held community listening sessions.

The commission issued its first of three reports in December 2020. These recommendations addressing criminal justice aim to prevent disproportionate contact with law enforcement for communities of color and decrease inequities in justice outcomes.

Some recommendations related to law enforcement hiring and training were included in Senate Bill 247, which was introduced in 2021 in Senate Judiciary. This includes prohibiting fired officers from being hired at different law enforcement agencies; mandating review of records during the hiring process; requiring psychological testing of officers be performed by a licensed professional before certification (current standards require psychological tests before certification, but not by an independent, licensed professional); and requiring that officers have completed KLETC training before they are issued a firearm for use in the line of duty. We must engage with our legislators and advocate for this legislation.

Kansas law is more restrictive than military eligibility requirements, prohibiting law enforcement agencies from hiring noncitizens with legal status as officers. Aligning law enforcement eligibility with military eligibility would support hiring goals for agencies and engage immigrant populations to better reflect Kansas’ population.

Law enforcement and leaders agree that access to behavioral health care is a criminal justice issue. It’s estimated that nationally 44% of jail inmates and 37% of prisoners have a mental illness, compared with 18% of the general population. Many law enforcement encounters are the result of substance use or mental health issues, and they cause county jails and prisons to become de facto behavioral health service providers. Increasing access to early intervention options by expanding Medicaid in Kansas would improve policing outcomes and reduce state general fund spending on law enforcement and behavioral health.

Financing mobile crisis response models would provide crucial support to law enforcement in responding to behavioral health calls. Mental health professionals who work alongside law enforcement officers, or respond to mental health calls on their own, can contribute to positive outcomes and promote treatment over incarceration for individuals experiencing mental health crises.

The Johnson County co-responder program boasts positive outcomes — the rate of hospitalization fell dramatically, and the percentage of police calls that ended up in jail fell slightly. Kansas and local communities should implement appropriate co-responder and mental health crisis programs where possible.

More than 85% of Kansans facing a felony charge rely on appointed counsel. We must do more to support the Kansas Board of Indigent Defense Services and expand public defender offices to our largest counties. BIDS recently voted to expand offices in Wyandotte and Douglas Counties. To better serve residents throughout Kansas, BIDS is asking the Legislature for increased funding to open these offices, increase public defenders’ pay throughout Kansas and provide better training for their attorneys. Data demonstrate supporting BIDS offices in Douglas and Wyandotte Counties will save money.

We will not rid the justice system of inequities immediately, so we must ensure Kansans know how to report racial and bias-based policing, and we must have systems that take these reports seriously. In 2011, racial and bias-based policing policies were updated in statute. The commission recommended that the Legislature review the policies to determine if they are serving their intended purpose. The Legislature should address the process for filing a complaint of racial or bias-based policing, what entity is most appropriate to manage the process, and the availability of data related to such complaints and responsive action taken.

There are more than 50 other recommendations in the Commission’s first report. A few recommendations are making their way into legislation, but we must continue to push for them at the statehouse, in local governments and in administrative agencies. For more recommendations to become reality, we urge you to let your legislators and local governmental bodies know that these issues matter and encourage them to act.

About the series

In June 2020, Governor Laura Kelly signed Executive Order 20-48, forming the Governor’s Commission on Racial Equity and Justice. The Commission studied issues of racial equity and justice across systems in Kansas, focusing first on policing and law enforcement and then on economic systems, education, and health care. The Commission developed recommendations for state agencies, the Legislature, and local governments. Through the end of 2022, Commissioners will dig deeper into the Commission’s recommendations in a monthly series.

Related resources

Governor’s Commission on Racial Equity and Justice reports
Governor’s Commission on Racial Equity and Justice webinar series
2022 opinion series on commission recommendations

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