Session of 1998
                   
HOUSE BILL No. 2717
         
By Representatives Klein, Gilbert, Swenson, Alldritt, Garner, Haley,
         
Johnston, Sawyer and Sharp
         
1-26
          10             AN ACT concerning juveniles; relating to the arrest of or taking into
11             custody of a juvenile; amending K.S.A. 1997 Supp. 38-1624 and re-
12             pealing the existing section.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 38-1624 is hereby amended to read as
16       follows: 38-1624. (a) By a law enforcement officer. A law enforcement
17       officer may take an alleged juvenile offender into custody when:
18           (1) Any offense has been or is being committed by the juvenile in the
19       officer's view;
20           (2) the officer has a warrant commanding that the juvenile be taken
21       into custody;
22           (3) the officer has probable cause to believe that a warrant or order
23       commanding that the juvenile be taken into custody has been issued in
24       this state or in another jurisdiction for an act committed therein;
25           (4) the officer has probable cause to believe that the juvenile is com-
26       mitting or has committed an act which, if committed by an adult, would
27       constitute:
28           (A) A felony; or
29           (B) a misdemeanor and (i) the juvenile will not be apprehended or
30       evidence of the offense will be irretrievably lost unless the juvenile is
31       immediately taken into custody or (ii) the juvenile may cause injury to
32       self or others or damage to property or may be injured unless immediately
33       taken into custody; or
34           (5) the officer has probable cause to believe that the juvenile has
35       violated an order for electronic monitoring as a term of probation.
36           (b) By a court services officer. A court services officer may take a
37       juvenile into custody when there is a warrant commanding that the ju-
38       venile be taken into custody, when the court services officer has probable
39       cause to believe that a warrant or order commanding that the juvenile be
40       taken into custody has been issued in this state or in another jurisdiction
41       for an act committed therein or when there is probable cause to believe
42       that the juvenile has violated an order for electronic monitoring as a term
43       of probation.

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  1           (c) Procedure. (1) When any law enforcement officer takes an al-
  2       leged juvenile offender into custody, the juvenile shall be taken without
  3       unnecessary delay to an intake and assessment worker if an intake and
  4       assessment program exists in the jurisdiction, or before the court for pro-
  5       ceedings in accordance with this code or, if the court is not open for the
  6       regular conduct of business, to a court services officer, a juvenile intake
  7       and assessment worker, a juvenile detention facility or youth residential
  8       facility which the court or the commissioner shall have designated. The
  9       officer shall not take the juvenile to a juvenile detention facility unless
10       the juvenile meets one or more of the criteria listed in K.S.A. 38-1640,
11       and amendments thereto. Even if the juvenile meets one or more of such
12       criteria, the officer shall first consider whether taking the juvenile to an
13       available nonsecure facility is more appropriate.
14           (2) It shall be the duty of the officer to furnish the county or district
15       attorney or the juvenile intake and assessment worker if the officer has
16       delivered such juvenile to the worker, with all of the information in the
17       possession of the officer pertaining to the juvenile; the juvenile's parents,
18       or other persons interested in or likely to be interested in the juvenile;
19       and all other facts and circumstances which caused the juvenile to be
20       arrested or taken into custody.
21           (3) (A) When any law enforcement officer takes an alleged juvenile
22       offender into custody or arrests an alleged juvenile offender, the juvenile
23       shall be advised that:
24           (i) The juvenile has a right to remain silent;
25           (ii) any statement the juvenile does make can be and may be used
26       against the juvenile;
27           (iii) the juvenile has a right to have a parent or guardian present
28       during questioning; and
29           (iv) the juvenile has a right to consult with an attorney and that one
30       will be appointed for the juvenile if the juvenile is not represented and
31       wants representation.
32           (B) When the juvenile is less than 14 years of age, no in-custody or
33       arrest admission or confession resulting from interrogation may be ad-
34       mitted into evidence unless the confession or admission was made in the
35       presence of the juvenile's parents, guardian or attorney. It shall be the
36       duty of the facility where the juvenile has been delivered to make a rea-
37       sonable effort to contact the parent or guardian immediately upon such
38       juvenile's arrival unless such parent or guardian is the alleged victim of
39       the crime under investigation.
40           (C) When a parent or guardian is the alleged victim of the crime
41       under investigation and the juvenile is less than 14 years of age, no in-
42       custody or arrest admission or confession may be admitted into evidence
43       unless the confession or admission was made in the presence of a parent

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  1       or guardian who is not involved in the investigation of the crime, or an
  2       attorney. It shall be the duty of the facility where the juvenile has been
  3       delivered to make reasonable effort to contact a parent or guardian who
  4       is not involved in the investigation of the crime immediately upon such
  5       juvenile's arrival.
  6           (D) If the juvenile indicates in any manner and at any stage of ques-
  7       tioning pursuant to this subsection that the juvenile does not wish to be
  8       questioned further, the officer shall cease questioning.
  9           (E) Before admitting any statement resulting from custodial interro-
10       gation into evidence, the judge shall find that the juvenile knowingly,
11       willingly and understandingly waived the juvenile's rights.
12           (F) The provisions of subsection (c)(3) shall not apply to juveniles who
13       have been adjudicated pursuant to article 15 of chapter 38 of the Kansas
14       Statutes Annotated, and amendments thereto.
15           (d) Release prior to detention hearing. In the absence of a court order
16       to the contrary, the court or officials designated by the court, the county
17       or district attorney or the law enforcement agency taking a juvenile into
18       custody shall have the authority to direct the release of the juvenile prior
19       to the time specified by subsection (a) of K.S.A. 38-1632 and amendments
20       thereto. In addition, if an agreement is established pursuant to K.S.A. 38-
21       1635, and amendments thereto, a juvenile intake and assessment worker
22       shall have the authority to direct the release of a juvenile prior to a de-
23       tention hearing after the completion of the intake and assessment process
24       if the juvenile intake and assessment worker has reason to believe that if
25       released the juvenile will appear for further proceedings and will not be
26       dangerous to self or others.
27           (e) Person 18 or over taken into custody; detention and release.
28       Whenever a person 18 years of age or more is taken into custody by a
29       law enforcement officer for an alleged offense which was committed prior
30       to the time the person reached the age of 18, the officer shall notify and
31       refer the matter to the court for proceedings pursuant to this code, except
32       that the provisions of this code relating to detention hearings shall not
33       apply to that person. Unless the law enforcement officer took the person
34       into custody pursuant to a warrant issued by the court and the warrant
35       specifies the amount of bond or indicates that the person may be released
36       on personal recognizance, the person shall be taken before the court of
37       the county where the alleged act took place or, at the request of the
38       person, the person shall be taken, without delay, before the nearest court.
39       The court shall fix the terms and conditions of an appearance bond upon
40       which the person may be released from custody. The provisions of article
41       28 of chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901
42       and amendments thereto relating to appearance bonds and review of
43       conditions and release shall be applicable to appearance bonds provided

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  1       for in this section.
  2           Sec. 2. K.S.A. 1997 Supp. 38-1624 is hereby repealed.
  3           Sec. 3. This act shall take effect and be in force from and after its
  4       publication in the statute book.
  5