Session of 1998
                   
HOUSE BILL No. 2861
         
By Committee on Judiciary
         
2-10
            9             AN ACT concerning juveniles; amending K.S.A. 75-2935, 75-4362 and
10             75-7024 and K.S.A. 1997 Supp. 38-1602, 38-1604, 38-1636, 38-1663,
11             38-1663, as amended by section 5 of this act, 65-6001 and 65-6008 and
12             repealing the existing sections; also repealing K.S.A. 1997 Supp. 38-
13             1663 as amended by section 64 of chapter 156 of the 1997 Session
14             Laws of Kansas.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           New Section 1. The commissioner of juvenile justice may appoint
18       deputy commissioners and assistant commissioners as determined nec-
19       essary by the commissioner to effectively carry out the mission of the
20       authority. All deputy commissioners and assistant commissioners shall
21       serve at the pleasure of the commissioner, shall be in the unclassified
22       service under the Kansas civil service act and shall receive an annual salary
23       fixed by the secretary and approved by the governor. The commissioner
24       may appoint a public information officer, a chief attorney, other attorneys
25       and an executive secretary for the juvenile justice authority. These em-
26       ployees shall serve at the pleasure of the commissioner and shall be in
27       the unclassified service under the Kansas civil service act and shall receive
28       an annual salary fixed by the commissioner and approved by the governor.
29       All other employees of the juvenile justice authority unless otherwise
30       designated shall be in the classified service.
31           Sec. 2. K.S.A. 1997 Supp. 38-1602 is hereby amended to read as
32       follows: 38-1602. As used in this code, unless the context otherwise re-
33       quires:
34           (a) ``Juvenile'' means a person 10 or more years of age but less than
35       18 years of age.
36           (b) ``Juvenile offender'' means a person who does an act while a ju-
37       venile which if done by an adult would constitute the commission of a
38       felony or misdemeanor as defined by K.S.A. 21-3105 and amendments
39       thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41-
40       727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but
41       does not include:
42           (1) A person 14 or more years of age who commits a traffic offense,
43       as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;

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  1           (2) a person 16 years of age or over who commits an offense defined
  2       in chapter 32 of the Kansas Statutes Annotated;
  3           (3) a person whose prosecution as an adult is authorized pursuant to
  4       K.S.A. 38-1636 and amendments thereto and whose prosecution results
  5       in the conviction of an adult crime; or
  6           (4) a person who has been found to be an extended jurisdiction ju-
  7       venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
  8       thereto, and whose stay of adult sentence execution has been revoked.
  9           (c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
10       fender, includes a guardian, conservator and every person who is by law
11       liable to maintain, care for or support the juvenile.
12           (d) ``Law enforcement officer'' means any person who by virtue of
13       that person's office or public employment is vested by law with a duty to
14       maintain public order or to make arrests for crimes, whether that duty
15       extends to all crimes or is limited to specific crimes.
16           (e) ``Youth residential facility'' means any home, foster home or struc-
17       ture which provides twenty-four-hour-a-day care for juveniles and which
18       is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
19       Annotated.
20           (f) ``Juvenile detention facility'' means any secure public or private
21       facility which is used for the lawful custody of accused or adjudicated
22       juvenile offenders and which must not be a jail.
23           (g) ``Juvenile correctional facility'' means a facility operated by the
24       commissioner for juvenile offenders.
25           (h) ``Warrant'' means a written order by a judge of the court directed
26       to any law enforcement officer commanding the officer to take into cus-
27       tody the juvenile named or described therein.
28           (i) ``Commissioner'' means the commissioner of juvenile justice.
29           (j) ``Jail'' means:
30           (1) An adult jail or lockup; or
31           (2) a facility in the same building as an adult jail or lockup, unless the
32       facility meets all applicable licensure requirements under law and there
33       is (A) total separation of the juvenile and adult facility spatial areas such
34       that there could be no haphazard or accidental contact between juvenile
35       and adult residents in the respective facilities; (B) total separation in all
36       juvenile and adult program activities within the facilities, including rec-
37       reation, education, counseling, health care, dining, sleeping, and general
38       living activities; and (C) separate juvenile and adult staff, including man-
39       agement, security staff and direct care staff such as recreational, educa-
40       tional and counseling.
41           (k) ``Court-appointed special advocate'' means a responsible adult,
42       other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
43       ments thereto, who is appointed by the court to represent the best inter-

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  1       ests of a child, as provided in K.S.A. 1997 Supp. 38-1606a, and amend-
  2       ments thereto, in a proceeding pursuant to this code.
  3           (l) ``Juvenile intake and assessment worker'' means a responsible
  4       adult authorized to perform intake and assessment services as part of the
  5       intake and assessment system established pursuant to K.S.A.   1997 Supp.
  6       76-3202 75-7023, and amendments thereto.
  7           (m) ``Institution'' means the following institutions: The Atchison ju-
  8       venile correctional facility, the Beloit juvenile correctional facility, the
  9       Larned juvenile correctional facility and the Topeka juvenile correctional
10       facility.
11           (n) ``Sanction house'' means a facility which is operated or structured
12       so as to ensure that all entrances and exits from the facility are under the
13       exclusive control of the staff of the facility, whether or not the person
14       being detained has freedom of movement within the perimeters of the
15       facility, or which relies on locked rooms and buildings, fences, or physical
16       restraint in order to control behavior of its residents. Upon an order from
17       the court, a licensed juvenile detention facility may serve as a sanction
18       house. A sanction house may be physically connected to a nonsecure
19       shelter facility provided the sanction house is not a licensed juvenile de-
20       tention facility.
21           (o) ``Sentencing risk assessment tool'' means an instrument adminis-
22       tered to juvenile offenders which delivers a score, or group of scores,
23       describing, but not limited to describing, the juvenile's potential risk to
24       the community.
25           Sec. 3. K.S.A. 1997 Supp. 38-1604 is hereby amended to read as
26       follows: 38-1604. (a) Except as provided in K.S.A. 38-1636   and 21-3611
27       and amendments thereto, proceedings concerning a juvenile who appears
28       to be a juvenile offender shall be governed by the provisions of this code.
29           (b) The district court shall have original jurisdiction to receive and
30       determine proceedings under this code.
31           (c) When jurisdiction is acquired by the district court over an alleged
32       juvenile offender it may continue until: (1) Sixty days after sentencing, if
33       the juvenile is directly committed to a juvenile correctional facility; (2) if
34       committed to the custody of the commissioner pursuant to subsection (c)
35       of K.S.A. 38-1665, and amendments thereto  ; (2) if directly committed to
36       a juvenile correctional facility, the juvenile has attained the age of 23
37       years, unless an adult sentence is imposed pursuant to an extended juris-
38       diction juvenile prosecution. If such adult sentence is imposed, jurisdic-
39       tion shall continue until discharged by the court or other process for the
40       adult sentence; (3) the juvenile has been discharged by the court; or (4)
41       the juvenile has been discharged under the provisions of K.S.A. 38-1675,
42       and amendments thereto. With the exception of a juvenile under the age
43       of 16 at the time of sentencing, who was convicted as an adult or under

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  1       extended juvenile jurisdiction and has been placed in the custody of the
  2       secretary or corrections, requiring admission to a juvenile correctional
  3       facility pursuant to K.S.A. 38-16,111 and amendments thereto, a juvenile
  4       offender, once convicted as an adult, is not eligible for admission to a
  5       juvenile correctional facility. All other conditions of a juvenile sentence
  6       may remain intact, including restitution orders.
  7           (d) If a juvenile has been adjudicated to be a juvenile offender and a
  8       child in need of care, the juvenile justice code shall apply to such juvenile
  9       and the child in need of care code shall be suspended during the time
10       the juvenile justice code applies for such juvenile. Nothing in this sub-
11       section shall preclude such juvenile offender from accessing services pro-
12       vided by the department of social and rehabilitation services or any other
13       state agency if such juvenile is eligible for such services.
14           (e) The provisions of this code shall govern with respect to acts done
15       on or after July 1, 1997.
16           Sec. 4. K.S.A. 1997 Supp. 38-1636 is hereby amended to read as
17       follows: 38-1636. (a) (1) Except as provided further, at any time after
18       commencement of proceedings under this code against a respondent and
19       prior to entry of a sentence or the beginning of an evidentiary hearing at
20       which the court may enter a sentence as provided in K.S.A. 38-1655, and
21       amendments thereto, the county or district attorney may file a motion
22       requesting that the court authorize prosecution of the respondent as an
23       adult under the applicable criminal statute. The respondent shall be pre-
24       sumed to be a juvenile unless good cause is shown to prosecute the re-
25       spondent as an adult.
26           (2) At any time after commencement of proceedings under this code
27       against a respondent who was: (A) 14, 15, 16 or 17 years of age at the
28       time of the offense or offenses alleged in the complaint, if any such of-
29       fense (i) if committed by an adult, would be an offgrid offense, a person
30       felony, a nondrug severity level 1 through 6 felony or any drug severity
31       level 1 or 2 felony; or (ii) was committed while in possession of a firearm;
32       or (B) charged with a felony or with more than one offense of which one
33       or more is a felony after having been adjudicated or convicted in a sep-
34       arate prior juvenile proceeding as having committed an act which would
35       constitute a felony if committed by an adult and the adjudications or
36       convictions occurred prior to the date of the commission of the new act
37       charged and prior to the entry of a sentence or the beginning of an evi-
38       dentiary hearing at which the court may enter a sentence as provided in
39       K.S.A. 38-1655, and amendments thereto, the county or district attorney
40       may file a motion requesting that the court authorize prosecution of the
41       respondent as an adult under the applicable criminal statute. The re-
42       spondent shall be presumed to be an adult. The burden of proof is on
43       the respondent to rebut the presumption.

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  1           (3) At any time after commencement of proceedings under this code
  2       against a respondent and prior to   entry of a sentence or the beginning of
  3       an evidentiary hearing at which the court may enter a sentence as pro-
  4       vided in K.S.A. 38-1655, and amendments thereto, the county or district
  5       attorney may file a motion requesting that the court designate the pro-
  6       ceedings as an extended jurisdiction juvenile prosecution as provided fur-
  7       ther. If the county or district attorney files a motion to designate the
  8       proceedings as an extended jurisdiction juvenile prosecution and the re-
  9       spondent was 14, 15, 16 or 17 years of age at the time of the offense or
10       offenses alleged in the complaint and: (A) charged with an offense (i) if
11       committed by an adult, would be an offgrid felony, a person felony, a
12       nondrug severity level 1 through 6 felony or any drug severity level 1 or
13       2 felony; or (ii) was committed while in possession of a firearm; or (B)
14       charged with a felony or with more than one offense of which one or
15       more is a felony after having been adjudicated or convicted in a separate
16       prior juvenile proceeding as having committed an act which would con-
17       stitute a felony if committed by an adult and the adjudications or convic-
18       tions occurred prior to the date of the commission of the new act charged,
19       the burden of proof is on the respondent to rebut the designation of an
20       extended jurisdiction juvenile prosecution. In all other motions request-
21       ing that the court designate the proceedings as an extended jurisdiction
22       juvenile prosecution, the respondent is presumed to be a juvenile. The
23       burden of proof is on the prosecutor to prove the respondent should be
24       designated as an extended jurisdiction juvenile.
25           (b) The motion may also contain a statement that the prosecuting
26       attorney will introduce evidence of the offenses alleged in the complaint
27       and request that, on hearing the motion and authorizing prosecution as
28       an adult or designating the proceedings as an extended jurisdiction ju-
29       venile prosecution under this code, the court may make the findings re-
30       quired in a preliminary examination provided for in K.S.A. 22-2902, and
31       amendments thereto, and the finding that there is no necessity for further
32       preliminary examination.
33           (c) Upon receiving a motion as established in subsection (a), the court
34       shall set a time and place for hearing on the motion. The court shall give
35       notice of the hearing to the respondent, each parent of the respondent,
36       if service is possible, and the attorney representing the respondent. The
37       motion shall be heard and determined prior to any further proceedings
38       on the complaint.
39           (d) If the respondent fails to appear for hearing on a motion as es-
40       tablished in subsection (a) after having been properly served with notice
41       of the hearing, the court may hear and determine the motion in the
42       absence of the respondent. If the court is unable to obtain service of
43       process and give notice of the hearing, the court may hear and determine

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  1       the motion in the absence of the respondent after having given notice of
  2       the hearing once a week for two consecutive weeks in a newspaper au-
  3       thorized to publish legal notices in the county where the hearing will be
  4       held.
  5           (e) In determining whether or not prosecution as an adult should be
  6       authorized or designating the proceeding as an extended jurisdiction ju-
  7       venile prosecution, the court shall consider each of the following factors:
  8       (1) The seriousness of the alleged offense and whether the protection of
  9       the community requires prosecution as an adult or designating the pro-
10       ceeding as an extended jurisdiction juvenile prosecution; (2) whether the
11       alleged offense was committed in an aggressive, violent, premeditated or
12       willful manner; (3) whether the offense was against a person or against
13       property, greater weight being given to offenses against persons, espe-
14       cially if personal injury resulted; (4) the number of alleged offenses un-
15       adjudicated and pending against the respondent; (5) the previous history
16       of the respondent, including whether the respondent had been adjudi-
17       cated a juvenile offender under this code and, if so, whether the offenses
18       were against persons or property, and any other previous history of an-
19       tisocial behavior or patterns of physical violence; (6) the sophistication or
20       maturity of the respondent as determined by consideration of the re-
21       spondent's home, environment, emotional attitude, pattern of living or
22       desire to be treated as an adult; (7) whether there are facilities or pro-
23       grams available to the court which are likely to rehabilitate the respondent
24       prior to the expiration of the court's jurisdiction under this code; and (8)
25       whether the interests of the respondent or of the community would be
26       better served by criminal prosecution or extended jurisdiction juvenile
27       prosecution. The insufficiency of evidence pertaining to any one or more
28       of the factors listed in this subsection shall not in and of itself be deter-
29       minative of the issue. Subject to the provisions of K.S.A. 38-1653, and
30       amendments thereto, written reports and other materials relating to the
31       respondent's mental, physical, educational and social history may be con-
32       sidered by the court.
33           (f) (1) The court may authorize prosecution as an adult upon com-
34       pletion of the hearing if the court finds that there is substantial evidence
35       that the respondent should be prosecuted as an adult for the offense with
36       which the respondent is charged. In that case, the court shall direct the
37       respondent be prosecuted under the applicable criminal statute and that
38       the proceedings filed under this code be dismissed.
39           (2) The court may designate the proceeding as an extended jurisdic-
40       tion juvenile prosecution upon completion of the hearing if the respon-
41       dent has failed to rebut the presumption or the court finds that there is
42       substantial evidence that the respondent should be prosecuted under an
43       extended jurisdiction juvenile prosecution. A juvenile who is the subject

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  1       of an extended jurisdiction juvenile prosecution shall have the right to a
  2       trial by jury, to the effective assistance of counsel and to all other rights
  3       of a defendant pursuant to the Kansas code of criminal procedure. On or
  4       before March 31, 1998, each court shall adopt local rules to establish the
  5       basic procedures for extended juvenile jurisdiction prosecution in their
  6       jurisdictions.
  7           (3) After a proceeding in which prosecution as an adult is requested
  8       pursuant to subsection (a)(2), and prosecution as an adult is not author-
  9       ized, the court may designate the proceedings to be an extended juvenile
10       jurisdiction prosecution. A juvenile who is the subject of an extended
11       juvenile jurisdiction prosecution shall have the right to a trial by jury, to
12       the effective assistance of counsel and to all other rights of a defendant
13       pursuant to the Kansas code of criminal procedure. On or before March
14       31, 1998, each court shall adopt local rules to establish the basic proce-
15       dures for extended juvenile jurisdiction prosecution in their jurisdictions.
16           (g) If the respondent is present in court and the court also finds from
17       the evidence that it appears a felony has been committed and that there
18       is probable cause to believe the felony has been committed by the re-
19       spondent, the court may direct that there is no necessity for further pre-
20       liminary examination on the charges as provided for in K.S.A. 22-2902,
21       and amendments thereto. In that case, the court shall order the respon-
22       dent bound over to the district judge having jurisdiction to try the case.
23           (h) If the respondent is convicted, the authorization for prosecution
24       as an adult shall attach and apply to any future acts by the respondent
25       which are or would be cognizable under this code.
26           (i) If the respondent is prosecuted as an adult under subsection (a)(2)
27       and is not convicted in adult court of an offense listed in subsection (a)(2)
28       but is convicted or adjudicated of a lessor included offense, the respondent
29       shall be a juvenile offender and receive a sentence pursuant to K.S.A. 38-
30       1663, and amendments thereto.
31           Sec. 5. K.S.A. 1997 Supp. 38-1663 is hereby amended to read as
32       follows: 38-1663. (a) When a respondent has been adjudged to be a ju-
33       venile offender, the judge may select from the following alternatives:
34           (1) Place the juvenile offender on probation for a fixed period, subject
35       to the terms and conditions the court deems appropriate, including a
36       requirement of making restitution as required by subsection (d).
37           (2) Place the juvenile offender in the custody of a parent or other
38       suitable person, subject to the terms and conditions the court orders,
39       including a requirement of making restitution as required by subsection
40       (d).
41           (3) Place the juvenile offender in the custody of a youth residential
42       facility, subject to the terms and conditions the court orders.
43           (4) Place the juvenile offender in the custody of the commissioner.

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  1           (5) Impose any appropriate combination of subsections (a)(1) and (2),
  2       subsection (a)(3) or subsection (a)(4) and make other orders directed to
  3       the juvenile offender as the court deems appropriate.
  4           (6) Commit the juvenile offender to a sanctions house for a period
  5       no longer than seven days. Following such period, the court shall review
  6       the placement. The court may continue to recommit the juvenile offender
  7       to a sanctions house for a period no longer than seven days followed by
  8       a court review. In no event shall such sanctions house commitment exceed
  9       28 consecutive days.
10           (7) Commit the juvenile offender, if 18 years of age or less than 23
11       years of age, to the county jail for a period no longer than seven days and
12       only when the juvenile offender has violated probation.
13           (8) Commit the juvenile offender to a community based program
14       available in such judicial district subject to the terms and conditions the
15       court orders.
16           (9) Commit the juvenile offender to a juvenile correctional facility if
17       the juvenile offender:
18           (A) Has previously been adjudged as a juvenile offender under this
19       code or under the Kansas juvenile offender code as it existed prior to July
20       1, 1997; or
21           (B) has been adjudicated a juvenile offender as a result of having
22       committed an act which, if done by a person 18 years of age or over,
23       would constitute a class A, B or C felony as defined by the Kansas criminal
24       code or, if done on or after July 1, 1993, would constitute an off-grid
25       crime or a nondrug crime ranked in severity level 1 through 5 or a drug
26       crime ranked in severity level 1 through 3.
27           (10) Place the juvenile offender under a house arrest program ad-
28       ministered by the court pursuant to K.S.A. 21-4603b and amendments
29       thereto.
30           (b) (1) In addition to any other order authorized by this section, the
31       court may order the: (A) Juvenile offender and the parents of the juvenile
32       offender to:
33           (i) Attend counseling sessions as the court directs; or
34           (ii) participate in mediation as the court directs. Participants in such
35       mediation may include, but shall not be limited to, the victim, the juvenile
36       offender and the juvenile offender's parents. Mediation shall not be man-
37       datory for the victim;
38           (B) parents of the juvenile offender to participate in parenting classes;
39       or
40           (C) juvenile offender to successfully participate in a program of ed-
41       ucation offered by a local board of education including placement in an
42       alternative educational program approved by a local board of education.
43           (2) Upon entering an order requiring a juvenile offender's parent to

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  1       attend counseling sessions or mediation, the court shall give the parent
  2       notice of the order. The notice shall inform the parent of the parent's
  3       right to request a hearing within 10 days after entry of the order and the
  4       parent's right to employ an attorney to represent the parent at the hearing
  5       or, if the parent is financially unable to employ an attorney, the parent's
  6       right to request the court to appoint an attorney to represent the parent.
  7       If the parent does not request a hearing within 10 days after entry of the
  8       order, the order shall take effect at that time. If the parent requests a
  9       hearing, the court shall set the matter for hearing and, if requested, shall
10       appoint an attorney to represent the parent. The expense and fees of the
11       appointed attorney may be allowed and assessed as provided by K.S.A.
12       38-1606 and amendments thereto.
13           (3) The costs of any counseling or mediation may be assessed as ex-
14       penses in the case. No mental health center shall charge a fee for
15       court-ordered counseling greater than that the center would have charged
16       the person receiving the counseling if the person had requested coun-
17       seling on the person's own initiative. No mediator shall charge a fee for
18       court-ordered mediation greater than that the mediator would have
19       charged the person participating in the mediation if the person had re-
20       quested mediation on the person's own initiative.
21           (c) (1) If a respondent has been adjudged to be a juvenile offender,
22       the court, in addition to any other order authorized by this section, may
23       suspend the juvenile offender's driver's license or privilege to operate a
24       motor vehicle on the streets and highways of this state. The duration of
25       the suspension ordered by the court shall be for a definite time period to
26       be determined by the court. Upon suspension of a license pursuant to
27       this subsection, the court shall require the juvenile offender to surrender
28       the license to the court, which shall transmit the license to the division
29       of motor vehicles of the department of revenue, to be retained until the
30       period of suspension expires. At that time, the licensee may apply to the
31       division for return of the license. If the license has expired, the juvenile
32       offender may apply for a new license, which shall be issued promptly
33       upon payment of the proper fee and satisfaction of other conditions es-
34       tablished by law for obtaining a license unless another suspension or rev-
35       ocation of the juvenile offender's privilege to operate a motor vehicle is
36       in effect. As used in this subsection, ``highway'' and ``street'' have the
37       meanings provided by K.S.A. 8-1424 and 8-1473, and amendments
38       thereto. Any respondent who is adjudged to be a juvenile offender who
39       does not have a driver's license may have such juvenile offender's driving
40       privileges revoked. No Kansas driver's license shall be issued to a juvenile
41       offender whose driving privileges have been revoked pursuant to this
42       section for a definite time period to be determined by the court.
43           (2) In lieu of suspending the driver's license or privilege to operate

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  1       a motor vehicle on the highways of this state of any respondent adjudged
  2       to be a juvenile offender, as provided in subsection (c)(1), the court in
  3       which such juvenile offender was adjudged to be a juvenile offender may
  4       enter an order which places conditions on such juvenile offender's priv-
  5       ilege of operating a motor vehicle on the highways of this state, a certified
  6       copy of which such juvenile offender shall be required to carry any time
  7       such juvenile offender is operating a motor vehicle on the highways of
  8       this state. Any such order shall prescribe the duration of the conditions
  9       imposed and shall specify that such duration shall be for a definite time
10       period to be determined by the court. Upon entering an order restricting
11       a juvenile offender's license hereunder, the court shall require such ju-
12       venile offender to surrender such juvenile offender's driver's license to
13       the court who shall cause it to be transmitted to the division of vehicles,
14       together with a copy of the order. Upon receipt thereof, the division of
15       vehicles shall issue without charge a driver's license which shall indicate
16       on its face that conditions have been imposed on such juvenile offender's
17       privilege of operating a motor vehicle and that a certified copy of the
18       order imposing such conditions is required to be carried by the juvenile
19       offender for whom the license was issued any time such juvenile offender
20       is operating a motor vehicle on the highways of this state. If the juvenile
21       offender convicted is a nonresident, the court shall cause a copy of the
22       order to be transmitted to the division and the division shall forward a
23       copy of it to the motor vehicle administrator of such juvenile offender's
24       state of residence. Such court shall furnish to any juvenile offender whose
25       driver's license has had conditions imposed on it under this section a copy
26       of the order, which shall be recognized as a valid Kansas driver's license
27       until such time as the division shall issue the restricted license provided
28       for in this subsection. Upon expiration of the period of time for which
29       conditions are imposed pursuant to this subsection, the licensee may ap-
30       ply to the division for the return of the license previously surrendered by
31       such licensee. In the event such license has expired, such juvenile of-
32       fender may apply to the division for a new license, which shall be issued
33       immediately by the division upon payment of the proper fee and satis-
34       faction of the other conditions established by law, unless such juvenile
35       offender's privilege to operate a motor vehicle on the highways of this
36       state has been suspended or revoked prior thereto. If any juvenile of-
37       fender shall violate any of the conditions imposed under this subsection,
38       such juvenile offender's driver's license or privilege to operate a motor
39       vehicle on the highways of this state shall be revoked for a period as
40       determined by the court in which such juvenile offender is convicted of
41       violating such conditions.
42           (d) Whenever a juvenile offender is placed pursuant to subsection
43       (a)(1) or (2), the court, unless it finds compelling circumstances which

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  1       would render a plan of restitution unworkable, shall order the juvenile
  2       offender to make restitution to persons who sustained loss by reason of
  3       the offense. The restitution shall be made either by payment of an amount
  4       fixed by the court or by working for the persons in order to compensate
  5       for the loss. If the court finds compelling circumstances which would
  6       render a plan of restitution unworkable, the court may order the juvenile
  7       offender to perform charitable or social service for organizations perform-
  8       ing services for the community.
  9           Nothing in this subsection shall be construed to limit a court's authority
10       to order a juvenile offender to make restitution or perform charitable or
11       social service under circumstances other than those specified by this sub-
12       section or when placement is made pursuant to subsection (a)(3) or (4).
13           (e) In addition to or in lieu of any other order authorized by this
14       section, the court may order a juvenile offender to pay a fine not exceed-
15       ing $250 for each offense. In determining whether to impose a fine and
16       the amount to be imposed, the court shall consider the following:
17           (1) Imposition of a fine is most appropriate in cases where the juve-
18       nile offender has derived pecuniary gain from the offense.
19           (2) The amount of the fine should be directly related to the serious-
20       ness of the juvenile offender's offense and the juvenile offender's ability
21       to pay.
22           (3) Payment of a fine may be required in a lump sum or installments.
23           (4) Imposition of a restitution order is preferable to imposition of a
24       fine.
25           (5) The juvenile offender's duty of payment should be limited in du-
26       ration and in no event should the time necessary for payment exceed the
27       maximum term which would be authorized if the offense had been com-
28       mitted by an adult.
29           (f) In addition to or in lieu of any other order authorized by this
30       section, if a juvenile is adjudged to be a juvenile offender by reason of a
31       violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
32       and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
33       65-4154 or 65-4155 or K.S.A. 1997 Supp. 8-1599, and amendments
34       thereto, the court shall order the juvenile offender to submit to and com-
35       plete an alcohol and drug evaluation by a community-based alcohol and
36       drug safety action program certified pursuant to K.S.A. 8-1008 and
37       amendments thereto and to pay a fee not to exceed the fee established
38       by that statute for such evaluation, except that such evaluation may be
39       waived by the court if the court finds that the juvenile offender has suc-
40       cessfully completed an alcohol and drug evaluation, approved by the com-
41       munity-based alcohol and drug safety action program, within 12 months
42       of the offender's arrest on this offense. If such evaluation occurred more
43       than 12 months after the offender's arrest on this offense, the court shall

HB 2861

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  1       order the juvenile offender to resubmit to and complete such evaluation
  2       and program as provided herein. If the court finds that the juvenile of-
  3       fender and those legally liable for the offender's support are indigent, the
  4       fee may be waived. In no event shall the fee be assessed against the
  5       commissioner or the juvenile justice authority. The court may require the
  6       parent or guardian of the juvenile offender to attend such program with
  7       the juvenile offender.
  8           (g) The board of county commissioners of a county may provide by
  9       resolution that the parents or guardians of any juvenile offender placed
10       under a house arrest program pursuant to subsection   (a)(7) (a)(10) shall
11       be required to pay to the county the cost of such house arrest program.
12       The board of county commissioners shall further prepare a sliding finan-
13       cial scale based on the ability of the parents to pay for such a program.
14           (h) In addition to any other order authorized by this section, if child
15       support has been requested and the parent or parents have a duty to
16       support the respondent the court may, and when custody is placed with
17       the commissioner shall, order one or both parents to pay child support.
18       The court shall determine, for each parent separately, whether the parent
19       is already subject to an order to pay support for the respondent. If the
20       parent is not presently ordered to pay support for the respondent and
21       the court has personal jurisdiction over the parent, the court shall order
22       the parent to pay child support in an amount determined under K.S.A.
23       38-16,117 and amendments thereto. Except for good cause shown, the
24       court shall issue an immediate income withholding order pursuant to
25       K.S.A. 23-4,105 et seq. and amendments thereto for each parent ordered
26       to pay support under this subsection, regardless of whether a payor has
27       been identified for the parent. A parent ordered to pay child support
28       under this subsection shall be notified, at the hearing or otherwise, that
29       the child support order may be registered pursuant to K.S.A. 38-16,119
30       and amendments thereto. The parent shall also be informed that, after
31       registration, the income withholding order may be served on the parent's
32       employer without further notice to the parent and the child support order
33       may be enforced by any method allowed by law. Failure to provide this
34       notice shall not affect the validity of the child support order.
35           (i) Any order issued by the judge pursuant to this section shall be in
36       effect immediately upon entry into the judge's minutes.
37           (j) In addition to the requirements of K.S.A. 38-1671, and amend-
38       ments thereto, on or after July 1, 1997, if a person is under 18 years of
39       age and convicted of a felony or adjudicated as a juvenile offender for an
40       act which if done by an adult would constitute the commission of a felony,
41       the court shall forward a signed copy of the journal entry to the commis-
42       sioner within 30 days of final disposition.
43           (k) The sentencing hearing shall be open to the public as provided in

HB 2861

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  1       K.S.A. 38-1652, and amendments thereto.
  2           Sec. 6. On and after July 1, 1999, K.S.A. 1997 Supp. 38-1663, as
  3       amended by section 5 of this act, is hereby amended to read as follows:
  4       38-1663. (a) When a respondent has been adjudged to be a juvenile of-
  5       fender, the judge may select from the following alternatives:
  6           (1) Place the juvenile offender on probation for a fixed period, subject
  7       to the terms and conditions the court deems appropriate based on the
  8       juvenile justice programs in the community, including a requirement of
  9       making restitution as required by subsection (d).
10           (2) Place the juvenile offender in the custody of a parent or other
11       suitable person, subject to the terms and conditions the court orders
12       based on the juvenile justice programs in the community, including a
13       requirement of making restitution as required by subsection (d).
14           (3) Place the juvenile offender in the custody of a youth residential
15       facility, subject to the terms and conditions the court orders.
16           (4) Place the juvenile offender in the custody of the commissioner.
17           (5) Impose any appropriate combination of subsections (a)(1) and (2),
18       subsection (a)(3) or subsection (a)(4) and make other orders directed to
19       the juvenile offender as the court deems appropriate.
20           (6) Commit the juvenile offender to a sanctions house for a period
21       no longer than seven days. Following such period, the court shall review
22       the placement. The court may continue to recommit the juvenile offender
23       to a sanctions house for a period no longer than seven days followed by
24       a court review. In no event shall such sanctions house commitment exceed
25       28 consecutive days.
26           (7) Commit the juvenile offender, if 18 years of age or less than 23
27       years of age, to the county jail for a period no longer than seven days and
28       only when the juvenile offender has violated probation.
29           (8) Commit the juvenile offender to a community based program
30       available in such judicial district subject to the terms and conditions the
31       court orders.
32           (9) Commit the juvenile offender to a juvenile correctional facility   if
33       the juvenile offender:
34           (A) Has previously been adjudged as a juvenile offender under this
35       code or under the Kansas juvenile offender code as it existed prior to July
36       1, 1997; or
37           (B) has been adjudicated a juvenile offender as a result of having
38       committed an act which, if done by a person 18 years of age or over,
39       would constitute a class A, B or C felony as defined by the Kansas criminal
40       code or, if done on or after July 1, 1993, would constitute an off-grid
41       crime or a nondrug crime ranked in severity level 1 through 5 or a drug
42       crime ranked in severity level 1 through 3 as provided by the placement
43       matrix established in section 23 of chapter 156 of the 1997 Session Laws

HB 2861

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  1       of Kansas, and amendments thereto.
  2           (10) Place the juvenile offender under a house arrest program ad-
  3       ministered by the court pursuant to K.S.A. 21-4603b and amendments
  4       thereto.
  5           (b) (1) In addition to any other order authorized by this section, the
  6       court may order the: (A) Juvenile offender and the parents of the juvenile
  7       offender to:
  8           (i) Attend counseling sessions as the court directs; or
  9           (ii) participate in mediation as the court directs. Participants in such
10       mediation may include, but shall not be limited to, the victim, the juvenile
11       offender and the juvenile offender's parents. Mediation shall not be man-
12       datory for the victim;
13           (B) parents of the juvenile offender to participate in parenting classes;
14       or
15           (C) juvenile offender to successfully participate in a program of ed-
16       ucation offered by a local board of education including placement in an
17       alternative educational program approved by a local board of education.
18           (2) Upon entering an order requiring a juvenile offender's parent to
19       attend counseling sessions or mediation, the court shall give the parent
20       notice of the order. The notice shall inform the parent of the parent's
21       right to request a hearing within 10 days after entry of the order and the
22       parent's right to employ an attorney to represent the parent at the hearing
23       or, if the parent is financially unable to employ an attorney, the parent's
24       right to request the court to appoint an attorney to represent the parent.
25       If the parent does not request a hearing within 10 days after entry of the
26       order, the order shall take effect at that time. If the parent requests a
27       hearing, the court shall set the matter for hearing and, if requested, shall
28       appoint an attorney to represent the parent. The expense and fees of the
29       appointed attorney may be allowed and assessed as provided by K.S.A.
30       38-1606 and amendments thereto.
31           (3) The costs of any counseling or mediation may be assessed as ex-
32       penses in the case. No mental health center shall charge a fee for
33       court-ordered counseling greater than that the center would have charged
34       the person receiving the counseling if the person had requested coun-
35       seling on the person's own initiative. No mediator shall charge a fee for
36       court-ordered mediation greater than that the mediator would have
37       charged the person participating in the mediation if the person had re-
38       quested mediation on the person's own initiative.
39           (c) (1) If a respondent has been adjudged to be a juvenile offender,
40       the court, in addition to any other order authorized by this section, may
41       suspend the juvenile offender's driver's license or privilege to operate a
42       motor vehicle on the streets and highways of this state. The duration of
43       the suspension ordered by the court shall be for a definite time period to

HB 2861

15

  1       be determined by the court. Upon suspension of a license pursuant to
  2       this subsection, the court shall require the juvenile offender to surrender
  3       the license to the court, which shall transmit the license to the division
  4       of motor vehicles of the department of revenue, to be retained until the
  5       period of suspension expires. At that time, the licensee may apply to the
  6       division for return of the license. If the license has expired, the juvenile
  7       offender may apply for a new license, which shall be issued promptly
  8       upon payment of the proper fee and satisfaction of other conditions es-
  9       tablished by law for obtaining a license unless another suspension or rev-
10       ocation of the juvenile offender's privilege to operate a motor vehicle is
11       in effect. As used in this subsection, ``highway'' and ``street'' have the
12       meanings provided by K.S.A. 8-1424 and 8-1473, and amendments
13       thereto. Any respondent who is adjudged to be a juvenile offender who
14       does not have a driver's license may have such juvenile offender's driving
15       privileges revoked. No Kansas driver's license shall be issued to a juvenile
16       offender whose driving privileges have been revoked pursuant to this
17       section for a definite time period to be determined by the court.
18           (2) In lieu of suspending the driver's license or privilege to operate
19       a motor vehicle on the highways of this state of any respondent adjudged
20       to be a juvenile offender, as provided in subsection (c)(1), the court in
21       which such juvenile offender was adjudged to be a juvenile offender may
22       enter an order which places conditions on such juvenile offender's priv-
23       ilege of operating a motor vehicle on the highways of this state, a certified
24       copy of which such juvenile offender shall be required to carry any time
25       such juvenile offender is operating a motor vehicle on the highways of
26       this state. Any such order shall prescribe the duration of the conditions
27       imposed and shall specify that such duration shall be for a definite time
28       period to be determined by the court. Upon entering an order restricting
29       a juvenile offender's license hereunder, the court shall require such ju-
30       venile offender to surrender such juvenile offender's driver's license to
31       the court who shall cause it to be transmitted to the division of vehicles,
32       together with a copy of the order. Upon receipt thereof, the division of
33       vehicles shall issue without charge a driver's license which shall indicate
34       on its face that conditions have been imposed on such juvenile offender's
35       privilege of operating a motor vehicle and that a certified copy of the
36       order imposing such conditions is required to be carried by the juvenile
37       offender for whom the license was issued any time such juvenile offender
38       is operating a motor vehicle on the highways of this state. If the juvenile
39       offender convicted is a nonresident, the court shall cause a copy of the
40       order to be transmitted to the division and the division shall forward a
41       copy of it to the motor vehicle administrator of such juvenile offender's
42       state of residence. Such court shall furnish to any juvenile offender whose
43       driver's license has had conditions imposed on it under this section a copy

HB 2861

16

  1       of the order, which shall be recognized as a valid Kansas driver's license
  2       until such time as the division shall issue the restricted license provided
  3       for in this subsection. Upon expiration of the period of time for which
  4       conditions are imposed pursuant to this subsection, the licensee may ap-
  5       ply to the division for the return of the license previously surrendered by
  6       such licensee. In the event such license has expired, such juvenile of-
  7       fender may apply to the division for a new license, which shall be issued
  8       immediately by the division upon payment of the proper fee and satis-
  9       faction of the other conditions established by law, unless such juvenile
10       offender's privilege to operate a motor vehicle on the highways of this
11       state has been suspended or revoked prior thereto. If any juvenile of-
12       fender shall violate any of the conditions imposed under this subsection,
13       such juvenile offender's driver's license or privilege to operate a motor
14       vehicle on the highways of this state shall be revoked for a period as
15       determined by the court in which such juvenile offender is convicted of
16       violating such conditions.
17           (d) Whenever a juvenile offender is placed pursuant to subsection
18       (a)(1) or (2), the court, unless it finds compelling circumstances which
19       would render a plan of restitution unworkable, shall order the juvenile
20       offender to make restitution to persons who sustained loss by reason of
21       the offense. The restitution shall be made either by payment of an amount
22       fixed by the court or by working for the persons in order to compensate
23       for the loss. If the court finds compelling circumstances which would
24       render a plan of restitution unworkable, the court may order the juvenile
25       offender to perform charitable or social service for organizations perform-
26       ing services for the community.
27           Nothing in this subsection shall be construed to limit a court's authority
28       to order a juvenile offender to make restitution or perform charitable or
29       social service under circumstances other than those specified by this sub-
30       section or when placement is made pursuant to subsection (a)(3) or (4).
31           (e) In addition to or in lieu of any other order authorized by this
32       section, the court may order a juvenile offender to pay a fine not exceed-
33       ing $250 for each offense. In determining whether to impose a fine and
34       the amount to be imposed, the court shall consider the following:
35           (1) Imposition of a fine is most appropriate in cases where the juve-
36       nile offender has derived pecuniary gain from the offense.
37           (2) The amount of the fine should be directly related to the serious-
38       ness of the juvenile offender's offense and the juvenile offender's ability
39       to pay.
40           (3) Payment of a fine may be required in a lump sum or installments.
41           (4) Imposition of a restitution order is preferable to imposition of a
42       fine.
43           (5) The juvenile offender's duty of payment should be limited in du-

HB 2861

17

  1       ration and in no event should the time necessary for payment exceed the
  2       maximum term which would be authorized if the offense had been com-
  3       mitted by an adult.
  4           (f) In addition to or in lieu of any other order authorized by this
  5       section, if a juvenile is adjudged to be a juvenile offender by reason of a
  6       violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
  7       and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
  8       65-4154 or 65-4155 or K.S.A. 1997 Supp. 8-1599, and amendments
  9       thereto, the court shall order the juvenile offender to submit to and com-
10       plete an alcohol and drug evaluation by a community-based alcohol and
11       drug safety action program certified pursuant to K.S.A. 8-1008 and
12       amendments thereto and to pay a fee not to exceed the fee established
13       by that statute for such evaluation, except that such evaluation may be
14       waived by the court if the court finds that the juvenile offender has suc-
15       cessfully completed an alcohol and drug evaluation, approved by the com-
16       munity-based alcohol and drug safety action program, within 12 months
17       of the offender's arrest on this offense. If such evaluation occurred more
18       than 12 months after the offender's arrest on this offense, the court shall
19       order the juvenile offender to resubmit to and complete such evaluation
20       and program as provided herein. If the court finds that the juvenile of-
21       fender and those legally liable for the offender's support are indigent, the
22       fee may be waived. In no event shall the fee be assessed against the
23       commissioner or the juvenile justice authority. The court may require the
24       parent or guardian of the juvenile offender to attend such program with
25       the juvenile offender.
26           (g) The board of county commissioners of a county may provide by
27       resolution that the parents or guardians of any juvenile offender placed
28       under a house arrest program pursuant to subsection (a)(10) shall be
29       required to pay to the county the cost of such house arrest program. The
30       board of county commissioners shall further prepare a sliding financial
31       scale based on the ability of the parents to pay for such a program.
32           (h) In addition to any other order authorized by this section, if child
33       support has been requested and the parent or parents have a duty to
34       support the respondent the court may, and when custody is placed with
35       the commissioner shall, order one or both parents to pay child support.
36       The court shall determine, for each parent separately, whether the parent
37       is already subject to an order to pay support for the respondent. If the
38       parent is not presently ordered to pay support for the respondent and
39       the court has personal jurisdiction over the parent, the court shall order
40       the parent to pay child support in an amount determined under K.S.A.
41       38-16,117 and amendments thereto. Except for good cause shown, the
42       court shall issue an immediate income withholding order pursuant to
43       K.S.A. 23-4,105 et seq. and amendments thereto for each parent ordered

HB 2861

18

  1       to pay support under this subsection, regardless of whether a payor has
  2       been identified for the parent. A parent ordered to pay child support
  3       under this subsection shall be notified, at the hearing or otherwise, that
  4       the child support order may be registered pursuant to K.S.A. 38-16,119
  5       and amendments thereto. The parent shall also be informed that, after
  6       registration, the income withholding order may be served on the parent's
  7       employer without further notice to the parent and the child support order
  8       may be enforced by any method allowed by law. Failure to provide this
  9       notice shall not affect the validity of the child support order.
10           (i) Any order issued by the judge pursuant to this section shall be in
11       effect immediately upon entry into the judge's minutes.
12           (j) In addition to the requirements of K.S.A. 38-1671, and amend-
13       ments thereto, on or after July 1, 1997, if a person is under 18 years of
14       age and convicted of a felony or adjudicated as a juvenile offender for an
15       act which if done by an adult would constitute the commission of a felony,
16       the court shall forward a signed copy of the journal entry to the commis-
17       sioner within 30 days of final disposition.
18           (k) The sentencing hearing shall be open to the public as provided in
19       K.S.A. 38-1652, and amendments thereto.
20           Sec. 7. K.S.A. 1997 Supp. 65-6001 is hereby amended to read as
21       follows: 65-6001. As used in K.S.A. 65-6001 to 65-6007, inclusive, and
22       K.S.A. 1997 Supp. 65-6008, 65-6009 and 65-6010 and amendments
23       thereto, unless the context clearly requires otherwise:
24           (a) ``AIDS'' means the disease acquired immune deficiency syn-
25       drome.
26           (b) ``HIV'' means the human immunodeficiency virus.
27           (c) ``Positive reaction to an AIDS test'' means a positive screening
28       test, approved by the secretary, indicating infection by HIV, with a pos-
29       itive specific test as specified by the secretary comprising confirmed an-
30       alytical results which are evidence of HIV infection.
31           (d) ``Secretary'' means the secretary of health and environment.
32           (e) ``Physician'' means any person licensed to practice medicine and
33       surgery.
34           (f) ``Laboratory director'' means the person responsible for the pro-
35       fessional, administrative, organizational and educational duties of a lab-
36       oratory.
37           (g) ``HIV infection'' means the presence of HIV in the body.
38           (h) ``Racial/ethnic group'' shall be designated as either white, black,
39       Hispanic, Asian/Pacific islander or American Indian/Alaskan Native.
40           (i) ``Corrections officer'' means an employee of the department of
41       corrections as defined in subsections (f) and (g) of K.S.A. 75-5202 and
42       amendments thereto.
43           (j) ``Emergency services employee'' means an attendant or first re-

HB 2861

19

  1       sponder as defined under K.S.A. 65-6112 and amendments thereto, or a
  2       firefighter.
  3           (k) ``Law enforcement employee'' means:
  4           (1) Any police officer or law enforcement officer as defined under
  5       K.S.A. 74-5602 and amendments thereto;
  6           (2) any person in the service of a city police department or county
  7       sheriff's office who performs law enforcement duties without pay and is
  8       considered a reserve officer;
  9           (3) any person employed by a city or county who is in charge of a jail
10       or section of jail, including jail guards and those who conduct searches of
11       persons taken into custody; or
12           (4) any person employed by a city, county or the state of Kansas who
13       works as a scientist or technician in a forensic laboratory.
14           (l) ``Employing agency or entity'' means the agency or entity employ-
15       ing a corrections officer, emergency services employee, law enforcement
16       employee or jailer.
17           (m) ``Infectious disease'' means AIDS.
18           (n) ``Infectious disease tests'' means tests approved by the secretary
19       for detection of infectious diseases.
20           (o) ``Juvenile correctional facility staff'' means an employee of the ju-
21       venile justice authority working in a juvenile correctional facility as de-
22       fined in K.S.A. 38-1602 and amendments thereto.
23           Sec. 8. K.S.A. 1997 Supp. 65-6008 is hereby amended to read as
24       follows: 65-6008. (a) If a corrections officer, emergency services employee
25       or law enforcement employee, juvenile correctional facility staff comes
26       in contact with or is otherwise exposed to transmission of body fluids
27       from one or more other persons while performing duties within the scope
28       of such employee's duties as an employee, the head of the employing
29       agency or entity may make application to a court of competent jurisdiction
30       for an order requiring such other person or persons to submit to infectious
31       disease tests.
32           (b) Such application shall include an allegation that the person or
33       persons sought to be tested have been requested to voluntarily submit to
34       infectious disease tests and have refused the tests. When any such appli-
35       cation is received, the court shall hold a hearing forthwith and shall issue
36       its order thereon immediately if the court finds that: (1) There is probable
37       cause to believe that the employee involved has come in contact with or
38       otherwise been exposed to transmission of the body fluids of the person
39       or persons sought to be tested; and (2) the person or persons sought to
40       be tested have been requested to submit to the tests and have refused,
41       unless the court makes a further finding that exigent circumstances exist
42       which would, in the court's judgment, excuse the applicant from making
43       such a request.

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  1           (c) If an infectious disease test ordered pursuant to this section results
  2       in a negative reaction, the court shall order the person tested to submit
  3       to another infectious disease test six months from the date the first test
  4       was administered.
  5           (d) The results of any infectious disease test ordered pursuant to this
  6       section shall be disclosed to the court which ordered the test, the em-
  7       ployee and the person tested. If an infectious disease test ordered pur-
  8       suant to this section results in a positive reaction, the results shall be
  9       reported to the employee.
10           Sec. 9. K.S.A. 75-2935 is hereby amended to read as follows: 75-
11       2935. The civil service of the state of Kansas is hereby divided into the
12       unclassified and the classified services.
13           (1) The unclassified service comprises positions held by state officers
14       or employees who are:
15           (a) Chosen by election or appointment to fill an elective office;
16           (b) members of boards and commissions, heads of departments re-
17       quired by law to be appointed by the governor or by other elective offi-
18       cers, and the executive or administrative heads of offices, departments,
19       divisions and institutions specifically established by law;
20           (c) except as otherwise provided under this section, one personal sec-
21       retary to each elective officer of this state, and in addition thereto, 10
22       deputies, clerks or employees designated by such elective officer;
23           (d) all employees in the office of the governor;
24           (e) officers and employees of the senate and house of representatives
25       of the legislature and of the legislative coordinating council and all officers
26       and employees of the office of revisor of statutes, of the legislative re-
27       search department, of the division of legislative administrative services,
28       of the division of post audit and the legislative counsel;
29           (f) chancellor, president, deans, administrative officers, student
30       health service physicians, pharmacists, teaching and research personnel,
31       health care employees and student employees in the institutions under
32       the state board of regents, the executive officer of the board of regents
33       and the executive officer's employees other than clerical employees, and,
34       at the discretion of the state board of regents, directors or administrative
35       officers of departments and divisions of the institution and county exten-
36       sion agents, except that this subsection (1)(f) shall not be construed to
37       include the custodial, clerical or maintenance employees, or any employ-
38       ees performing duties in connection with the business operations of any
39       such institution, except administrative officers and directors; as used in
40       this subsection (1)(f), ``health care employees'' means employees of the
41       university of Kansas medical center who provide health care services at
42       the university of Kansas medical center and who are medical technicians
43       or technologists or respiratory therapists, who are licensed professional

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  1       nurses or licensed practical nurses, or who are in job classes which are
  2       designated for this purpose by the chancellor of the university of Kansas
  3       upon a finding by the chancellor that such designation is required for the
  4       university of Kansas medical center to recruit or retain personnel for
  5       positions in the designated job classes; and employees of any institution
  6       under the state board of regents who are medical technologists;
  7           (g) operations, maintenance and security personnel employed to im-
  8       plement agreements entered into by the adjutant general and the federal
  9       national guard bureau, and officers and enlisted persons in the national
10       guard and the naval militia;
11           (h) persons engaged in public work for the state but employed by
12       contractors when the performance of such contract is authorized by the
13       legislature or other competent authority;
14           (i) persons temporarily employed or designated by the legislature or
15       by a legislative committee or commission or other competent authority
16       to make or conduct a special inquiry, investigation, examination or in-
17       stallation;
18           (j) officers and employees in the office of the attorney general and
19       special counsel to state departments appointed by the attorney general,
20       except that officers and employees of the division of the Kansas bureau
21       of investigation shall be in the classified or unclassified service as provided
22       in K.S.A. 75-711 and amendments thereto;
23           (k) all employees of courts;
24           (l) client, patient and inmate help in any state facility or institution;
25           (m) all attorneys for boards, commissions and departments;
26           (n) the secretary and assistant secretary of the Kansas state historical
27       society;
28           (o) physician specialists, dentists, dental hygienists, pharmacists,
29       medical technologists and long term care workers employed by the de-
30       partment of social and rehabilitation services;
31           (p) physician specialists, dentists and medical technologists employed
32       by any board, commission or department or by any institution under the
33       jurisdiction thereof;
34           (q) student employees enrolled in public institutions of higher learn-
35       ing;
36           (r) administrative officers, directors and teaching personnel of the
37       state board of education and the state department of education and of
38       any institution under the supervision and control of the state board of
39       education, except that this subsection (1)(r) shall not be construed to
40       include the custodial, clerical or maintenance employees, or any employ-
41       ees performing duties in connection with the business operations of any
42       such institution, except administrative officers and directors;
43           (s) all officers and employees in the office of the secretary of state;

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  1           (t) one personal secretary and one special assistant to the following:
  2       The secretary of administration, the secretary of aging, the secretary of
  3       agriculture, the secretary of commerce and housing, the secretary of cor-
  4       rections, the secretary of health and environment, the superintendent of
  5       the Kansas highway patrol, the secretary of human resources, the secre-
  6       tary of revenue, the secretary of social and rehabilitation services, the
  7       secretary of transportation   and, the secretary of wildlife and parks and
  8       the commissioner of juvenile justice;
  9           (u) one personal secretary and one special assistant to the chancellor
10       and presidents of institutions under the state board of regents;
11           (v) one personal secretary and one special assistant to the executive
12       vice chancellor of the university of Kansas medical center;
13           (w) one public information officer and one chief attorney for the fol-
14       lowing: The department of administration, the department on aging, the
15       department of agriculture, the department of commerce and housing, the
16       department of corrections, the department of health and environment,
17       the department of human resources, the department of revenue, the de-
18       partment of social and rehabilitation services, the department of trans-
19       portation   and, the Kansas department of wildlife and parks and the com-
20       missioner of juvenile justice;
21           (x) civil service examination monitors;
22           (y) one executive director, one general counsel and one director of
23       public affairs and consumer protection in the office of the state corpo-
24       ration commission;
25           (z) specifically designated by law as being in the unclassified service;
26       and
27           (aa) all officers and employees of Kansas, Inc. and the Kansas tech-
28       nology enterprise corporation.
29           (2) The classified service comprises all positions now existing or here-
30       after created which are not included in the unclassified service. Appoint-
31       ments in the classified service shall be made according to merit and fitness
32       from eligible pools which so far as practicable shall be competitive. No
33       person shall be appointed, promoted, reduced or discharged as an officer,
34       clerk, employee or laborer in the classified service in any manner or by
35       any means other than those prescribed in the Kansas civil service act and
36       the rules adopted in accordance therewith.
37           (3) For positions involving unskilled, or semiskilled duties, the sec-
38       retary of administration, as provided by law, shall establish rules and reg-
39       ulations concerning certifications, appointments, layoffs and reemploy-
40       ment which may be different from the rules and regulations established
41       concerning these processes for other positions in the classified service.
42           (4) Officers authorized by law to make appointments to positions in
43       the unclassified service, and appointing officers of departments or insti-

HB 2861

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  1       tutions whose employees are exempt from the provisions of the Kansas
  2       civil service act because of the constitutional status of such departments
  3       or institutions shall be permitted to make appointments from appropriate
  4       pools of eligibles maintained by the division of personnel services.
  5           Sec. 10. K.S.A. 75-4362 is hereby amended to read as follows: 75-
  6       4362. (a) The director of the division of personnel services of the de-
  7       partment of administration shall have the authority to establish and im-
  8       plement a drug screening program for persons taking office as governor,
  9       lieutenant governor or attorney general and for applicants for safety sen-
10       sitive positions in state government, but no applicant for such a position
11       shall be required to submit to a test as a part of such program unless the
12       applicant is first given a conditional offer of employment. The director
13       also shall have the authority to establish and implement a drug screening
14       program for persons currently holding the office of governor, lieutenant
15       governor or attorney general or safety sensitive positions in state govern-
16       ment, based upon reasonable suspicion of illegal drug use by any such
17       person.
18           (b) Any public announcement or advertisement soliciting applications
19       for employment in a safety sensitive position in state government shall
20       include a statement of the requirements of the drug screening program
21       established under this section for applicants for and employees holding
22       such position.
23           (c) No person shall be terminated solely due to positive results of a
24       test administered as a part of a program authorized by this section if: (1)
25       The employee has not previously had a valid positive test result; and (2)
26       the employee undergoes a drug evaluation and successfully completes
27       any education or treatment program recommended as a result of the
28       evaluation. Nothing herein shall be construed as prohibiting demotions,
29       suspensions or terminations pursuant to K.S.A. 75-2949e or 75-2949f, and
30       amendments thereto.
31           (d) Except in hearings before the state civil service board regarding
32       disciplinary action taken against the employee, the results of any test
33       administered as a part of a program authorized by this section shall be
34       confidential and shall not be disclosed publicly.
35           (e) The secretary of administration may adopt such rules and regu-
36       lations as necessary to carry out the provisions of this section.
37           (f) ``Safety sensitive positions'' means state law enforcement officers
38       who are authorized to carry firearms, state corrections officers, juvenile
39       correctional facility staff, heads of state agencies who are appointed by
40       the governor and employees on the governor's staff.
41           (g) All persons employed within a correctional institution, as defined
42       in K.S.A. 21-3826 and amendments thereto, or a juvenile correctional
43       facility, as defined in K.S.A. 38-1602 and amendments thereto, may be

HB 2861

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  1       subject to drug screening based upon reasonable suspicion of illegal drug
  2       use.
  3           Sec. 11. K.S.A. 75-7024 is hereby amended to read as follows: 75-
  4       7024. On and after July 1, 1997, in addition to other powers and duties
  5       provided by law, in administering the provisions of the juvenile justice
  6       code, the commissioner of juvenile justice shall:
  7           (a) Establish   (tri-stars)e following divisions which include the following func-
  8       tions in the juvenile justice authority:
  9           (1) Operations. The commissioner shall operate the juvenile intake
10       and assessment system as it relates to the juvenile offender; provide tech-
11       nical assistance and help facilitate community collaboration; license ju-
12       venile correctional facilities, programs and providers; assist in coordinat-
13       ing a statewide system of community based service providers; establish
14       pilot projects for community based service providers; and operate the
15       juvenile correctional facilities.
16           (2) Research and prevention. The commissioner shall generate, an-
17       alyze and utilize data to review existing programs and identify effective
18       prevention programs; to develop new program initiatives and restructure
19       existing programs; and to assist communities in risk assessment and ef-
20       fective resource utilization.
21           (3) Contracts. The commissioner shall secure the services of direct
22       providers by contracting with such providers, which may include non-
23       profit, private or public agencies, to provide functions and services
24       needed to operate the juvenile justice authority. The commissioner shall
25       contract with local service providers, when available, to provide 24-
26       hour-a-day intake and assessment services. Nothing provided for herein
27       shall prohibit local municipalities, through interlocal agreements, from
28       corroborating with and participating in the intake and assessment services
29       established in K.S.A. 75-7023 and amendments thereto. All contracts en-
30       tered into by the commissioner to secure the services of direct providers
31       shall contain a clause allowing the inspector general unlimited access to
32       such facility, records or personnel pursuant to subsection (a)(4)(B).
33           (4) Performance audit. (A) The commissioner shall randomly audit
34       contracts to determine that service providers are performing as required
35       pursuant to the contract.
36           (B) Within the division of performance audit, the commissioner shall
37       designate a staff person to serve in the capacity of inspector general. Such
38       inspector general, or such inspector general's designee, shall have the
39       authority to: (i) Enforce compliance with all contracts; (ii) perform audits
40       as necessary to ensure compliance with the contracts. The inspector gen-
41       eral shall have unlimited access to any and all facilities, records or per-
42       sonnel of any provider that has contracted with the commissioner to de-
43       termine that such provider is in compliance with the contracts; and (iii)

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  1       establish a statewide juvenile justice hotline to respond to any complaints
  2       or concerns that have been received concerning juvenile justice.
  3           (b) Adopt rules and regulations necessary for the administration of
  4       this act.
  5           (c) Administer all state and federal funds appropriated to the juvenile
  6       justice authority and may coordinate with any other agency within the
  7       executive branch expending funds appropriated for juvenile justice.
  8           (d) Administer the development and implementation of a juvenile
  9       justice information system.
10           (e) Administer the transition to and implementation of juvenile jus-
11       tice system reforms.
12           (f) Coordinate with the judicial branch of state government any duties
13       and functions which effect the juvenile justice authority.
14           (g) Serve as a resource to the legislature and other state policymakers.
15           (h) Make and enter into all contracts and agreements and do all other
16       acts and things necessary or incidental to the performance of functions
17       and duties and the execution of powers under this act. The commissioner
18       may enter into memorandums of agreement or contractual relationships
19       with state agencies, other governmental entities or private providers as
20       necessary to carry out the commissioner's responsibilities pursuant to the
21       Kansas juvenile justice code.
22           (i) Accept custody of juvenile offenders so placed by the court.
23           (j) Assign juvenile offenders placed in the commissioner's custody to
24       juvenile correctional facilities based on information collected by the re-
25       ception and diagnostic evaluation, intake and assessment report, pursuant
26       to K.S.A. 75-7023 and the predispositional investigation report, pursuant
27       to K.S.A. 38-1661, and amendments thereto.
28           (k) Establish and utilize a reception and diagnostic evaluation for all
29       juvenile offenders to be evaluated prior to placement in a juvenile cor-
30       rectional facility.
31           (l) Assist the judicial districts in establishing community based place-
32       ment options, juvenile community correctional services and aftercare
33       transition services for juvenile offenders.
34           (m) Review, evaluate and restructure the programmatic mission and
35       goals of the juvenile correctional facilities to accommodate greater spe-
36       cialization for each facility.
37           (n) Adopt rules and regulations as are necessary to encourage the
38       sharing of information between individuals and agencies who are involved
39       with the juvenile.
40           (o) Provide staff support to the Kansas youth authority.
41           (p) Designate in each judicial district an entity which shall be re-
42       sponsible for juvenile justice field services not provided by court services
43       officers in the judicial district. The commissioner shall contract with such

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26

  1       entity and provide grants to fund such field services.
  2           (q) Monitor placement trends and minority confinement.
  3           (r) On or before December 1, 1997, with the approval of the Kansas
  4       youth authority, develop and submit to the joint committee on corrections
  5       and juvenile justice oversight a recommendation to provide for the finan-
  6       cial viability of the Kansas juvenile justice system. Such recommendation
  7       shall include a formula for the allocation of state funds to community
  8       programs and a rationale in support of the recommendation. Additionally,
  9       the commissioner shall submit a recommendation, approved by the Kan-
10       sas youth authority, detailing capital projects and expenditures projected
11       during the five-year period beginning July 1, 1997, including a rationale
12       in support of such recommendation. In developing such recommenda-
13       tions, the commissioner shall avoid pursuing construction or expansion of
14       state institutional capacity when appropriate alternatives to such place-
15       ments are justified. The commissioner's recommendations shall identify
16       a revenue source sufficient to appropriately fund expenditures anticipated
17       to be incurred subsequent to expansion of community-based capacity and
18       necessary to finance recommended capital projects.
19           (s) Report monthly to the joint committee on corrections and juvenile
20       justice oversight. The commissioner shall review with the committee any
21       contracts or memorandums of agreement with other state agencies prior
22       to the termination of such agreements or contracts.
23           (t) Have the authority to designate all or a portion of a facility for
24       juveniles under the commissioner's jurisdiction as a:
25           (1) Nonsecure detention facility;
26           (2) facility for the educational or vocational training and related serv-
27       ices;
28           (3) facility for temporary placement pending other arrangements
29       more appropriate for the juvenile's needs; and
30           (4) facility for the provision of care and other services and not for the
31       detention of juveniles.
32             The commissioner may appoint a deputy commissioner to head each
33       division in the juvenile justice authority and such deputy shall serve at
34       the pleasure of the commissioner. Any such deputy commissioner shall
35       be in the unclassified service under the Kansas civil service act.
36           Sec. 12. K.S.A. 75-2935, 75-4362 and 75-7024 and K.S.A. 1997 Supp.
37       38-1602, 38-1604, 38-1636, 38-1663, 65-6001 and 65-6008 are hereby
38       repealed.
39           Sec. 13. On and after July 1, 1999, K.S.A. 1997 Supp. 38-1663, as
40       amended by section 5 of this act and K.S.A. 1996 Supp. 38-1663, as
41       amended by section 64 of chapter 156 of the 1997 Session Laws of Kansas
42       are hereby repealed.

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27

  1           Sec. 14. This act shall take effect and be in force from and after its
  2       publication in the statute book.
  3      
  4