Criminal Legal Reform

In a historic move the ACLU of Kansas hopes will normalize the use of executive clemency, Governor Laura Kelly today released three affiliate clients from various state prisons via commutation.

Logan DeMond, of the American Civil Liberties Union of Kansas, said mandating arrests and strict pretrial conditions based on the charge level rather than individualized risk to the public disproportionately harmed low-income Kansas because pretrial detention could result in job loss, eviction and disruption of child care. Judges ought to retain leeway to consider bonding based on prior record, flight risk and community ties, he said.

The Kansas ACLU said it is disappointed in the situation. “We are disappointed in the situation we are in but will likely wait to comment when we know more. I am a little concerned that it does not appear the City has developed any detailed language about how the task force / oversight board will operate and who will be on it, but clearly CoreCivic has not wasted any time starting operations,” the Kansas ACLU said in a statement sent to KCTV5.

This bill undermines judicial discretion and disproportionately harms low-income Kansans by mandating arrest and imposing stricter pretrial conditions based solely on charge level rather than individualized risk. These measures will only serve to increase incarceration rates and deepen systemic inequities. This bill significantly limits judicial discretion by prohibiting courts from issuing summonses in felony cases, regardless of individual circumstances. Removing this discretion undermines a core principle of our justice system: decisions should be based on individuals, not just the charges against them. For individuals living paycheck to paycheck, even short periods of pretrial detention can result in job loss, eviction, disruptions to childcare, and financial instability. Wealthier defendants are better positioned to absorb these mandated disruptions or post secured bond; poorer defendants are not.

This bill expands county sheriffs’ authority and the authority of jails not operated by sheriffs to indefinitely detain individuals for civil immigration purposes, insulates law enforcement from accountability, and removes longstanding democratic oversight. The combined effects of this bill—which is part of a larger legislative attack on immigrants and people of color—raise serious constitutional concerns. It significantly expands the authority of federal law enforcement in Kansas, weakens accountability, and threatens Kansans’ right to engage in lawful dissent.

Expanding pre-trial detention practices by reducing how jail credits are applied, imposing more rigid sentencing rules, and setting mandatory minimum bond amounts.

Limiting the use of a summons instead of a warrant for the arrest of a defendant to misdemeanor crimes and requiring that any bond set on a warrant issued after a failure to appear in response to a summons shall not allow release on the defendant's own recognizance.