Session of 1998
                   
HOUSE BILL No. 2869
         
By Representatives P. Long, Compton, Cox, Faber, Horst, Hutchins, Jen-
                nison, Mays, McCreary, Mollenkamp, Osborne, Packer, Vining and
                Wilson
               
2-10
          11             AN ACT relating to crimes and punishments; requiring suspension of
12             driver's licenses for conviction for certain crimes; amending K.S.A.
13             1997 Supp. 38-1663 and K.S.A. 1995 Supp. 38-1663, as amended by
14             section 64 of chapter 156 of the 1997 Session Laws of Kansas and
15             repealing the existing sections; also repealing K.S.A. 1997 Supp. 38-
16             1663, as amended by section 2 of this act.
17            
18       Be it enacted by the Legislature of the State of Kansas:
19           New Section 1. (a) Whenever a person less than 18 years of age has
20       been convicted or adjudged to be a juvenile offender for:
21           (1) Using, possessing, selling or distributing a controlled substance,
22       as defined in K.S.A. 65-4101, and amendments thereto; or
23           (2) violating the provisions of K.S.A. 41-727, and amendments
24       thereto, the court, in addition to any other penalty provided by law, may
25       suspend the person's driver's license or privilege to operate a motor ve-
26       hicle on the streets and highways of this state. The duration of the sus-
27       pension ordered by the court shall be for a period not less than one year.
28       Upon suspension of a license pursuant to this subsection, the court shall
29       require the person to surrender the license to the court, which shall trans-
30       mit the license to the division of motor vehicles of the department of
31       revenue, to be retained until the period of suspension expires. At that
32       time, the licensee may apply to the division for return of the license. If
33       the license has expired, the person may apply for a new license, which
34       shall be issued promptly upon payment of the proper fee and satisfaction
35       of other conditions established by law for obtaining a license unless an-
36       other suspension or revocation of the person's privilege to operate a motor
37       vehicle is in effect. As used in this subsection, ``highway'' and ``street''
38       have the meanings as provided by K.S.A. 8-1424 and 8-1473, and amend-
39       ments thereto.
40           (b) Any person who does not have a driver's license may have such
41       person's driving privileges revoked. No Kansas driver's license shall be
42       issued to a person whose driving privileges have been revoked pursuant
43       to this section for a period of not less than one year:

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  1           (1) Immediately following the date of the order, if the person is eli-
  2       gible to apply for a driver's license; or
  3           (2) after the date the person will be eligible to apply for a driver's
  4       license, if the person is not eligible to apply for a driver's license on the
  5       date of the order.
  6           The court shall transmit a copy of such order to the division of vehicles
  7       of the department of revenue.
  8           (c) If the person's driving privileges have been revoked, suspended
  9       or canceled for another cause, the court shall order that the suspension
10       or delay ordered under this section, apply consecutively with the previous
11       revocation, suspension or cancellation.
12           Sec. 2. K.S.A. 1997 Supp. 38-1663 is hereby amended to read as
13       follows: 38-1663. (a) When a respondent has been adjudged to be a ju-
14       venile offender, the judge may select from the following alternatives:
15           (1) Place the juvenile offender on probation for a fixed period, subject
16       to the terms and conditions the court deems appropriate, including a
17       requirement of making restitution as required by subsection (d).
18           (2) Place the juvenile offender in the custody of a parent or other
19       suitable person, subject to the terms and conditions the court orders,
20       including a requirement of making restitution as required by subsection
21       (d).
22           (3) Place the juvenile offender in the custody of a youth residential
23       facility, subject to the terms and conditions the court orders.
24           (4) Place the juvenile offender in the custody of the commissioner.
25           (5) Impose any appropriate combination of subsections (a)(1) and (2),
26       subsection (a)(3) or subsection (a)(4) and make other orders directed to
27       the juvenile offender as the court deems appropriate.
28           (6) Commit the juvenile offender to a sanctions house for a period
29       no longer than seven days. Following such period, the court shall review
30       the placement. The court may continue to recommit the juvenile offender
31       to a sanctions house for a period no longer than seven days followed by
32       a court review. In no event shall such sanctions house commitment exceed
33       28 consecutive days.
34           (7) Commit the juvenile offender, if 18 years of age or less than 23
35       years of age, to the county jail for a period no longer than seven days and
36       only when the juvenile offender has violated probation.
37           (8) Commit the juvenile offender to a community based program
38       available in such judicial district subject to the terms and conditions the
39       court orders.
40           (9) Commit the juvenile offender to a juvenile correctional facility if
41       the juvenile offender:
42           (A) Has previously been adjudged as a juvenile offender under this
43       code; or

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  1           (B) has been adjudicated a juvenile offender as a result of having
  2       committed an act which, if done by a person 18 years of age or over,
  3       would constitute a class A, B or C felony as defined by the Kansas criminal
  4       code or, if done on or after July 1, 1993, would constitute an off-grid
  5       crime or a nondrug crime ranked in severity level 1 through 5 or a drug
  6       crime ranked in severity level 1 through 3.
  7           (10) Place the juvenile offender under a house arrest program ad-
  8       ministered by the court pursuant to K.S.A. 21-4603b and amendments
  9       thereto.
10           (b) (1) In addition to any other order authorized by this section, the
11       court may order the: (A) Juvenile offender and the parents of the juvenile
12       offender to:
13           (i) Attend counseling sessions as the court directs; or
14           (ii) participate in mediation as the court directs. Participants in such
15       mediation may include, but shall not be limited to, the victim, the juvenile
16       offender and the juvenile offender's parents. Mediation shall not be man-
17       datory for the victim;
18           (B) parents of the juvenile offender to participate in parenting classes;
19       or
20           (C) juvenile offender to successfully participate in a program of ed-
21       ucation offered by a local board of education including placement in an
22       alternative educational program approved by a local board of education.
23           (2) Upon entering an order requiring a juvenile offender's parent to
24       attend counseling sessions or mediation, the court shall give the parent
25       notice of the order. The notice shall inform the parent of the parent's
26       right to request a hearing within 10 days after entry of the order and the
27       parent's right to employ an attorney to represent the parent at the hearing
28       or, if the parent is financially unable to employ an attorney, the parent's
29       right to request the court to appoint an attorney to represent the parent.
30       If the parent does not request a hearing within 10 days after entry of the
31       order, the order shall take effect at that time. If the parent requests a
32       hearing, the court shall set the matter for hearing and, if requested, shall
33       appoint an attorney to represent the parent. The expense and fees of the
34       appointed attorney may be allowed and assessed as provided by K.S.A.
35       38-1606 and amendments thereto.
36           (3) The costs of any counseling or mediation may be assessed as ex-
37       penses in the case. No mental health center shall charge a fee for
38       court-ordered counseling greater than that the center would have charged
39       the person receiving the counseling if the person had requested coun-
40       seling on the person's own initiative. No mediator shall charge a fee for
41       court-ordered mediation greater than that the mediator would have
42       charged the person participating in the mediation if the person had re-
43       quested mediation on the person's own initiative.

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

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

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

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  1       parent is not presently ordered to pay support for the respondent and
  2       the court has personal jurisdiction over the parent, the court shall order
  3       the parent to pay child support in an amount determined under K.S.A.
  4       38-16,117 and amendments thereto. Except for good cause shown, the
  5       court shall issue an immediate income withholding order pursuant to
  6       K.S.A. 23-4,105 et seq. and amendments thereto for each parent ordered
  7       to pay support under this subsection, regardless of whether a payor has
  8       been identified for the parent. A parent ordered to pay child support
  9       under this subsection shall be notified, at the hearing or otherwise, that
10       the child support order may be registered pursuant to K.S.A. 38-16,119
11       and amendments thereto. The parent shall also be informed that, after
12       registration, the income withholding order may be served on the parent's
13       employer without further notice to the parent and the child support order
14       may be enforced by any method allowed by law. Failure to provide this
15       notice shall not affect the validity of the child support order.
16           (i) Any order issued by the judge pursuant to this section shall be in
17       effect immediately upon entry into the judge's minutes.
18           (j) In addition to the requirements of K.S.A. 38-1671, and amend-
19       ments thereto, on or after July 1, 1997, if a person is under 18 years of
20       age and convicted of a felony or adjudicated as a juvenile offender for an
21       act which if done by an adult would constitute the commission of a felony,
22       the court shall forward a signed copy of the journal entry to the commis-
23       sioner within 30 days of final disposition.
24           (k) The sentencing hearing shall be open to the public as provided in
25       K.S.A. 38-1652, and amendments thereto.
26           Sec. 3. On and after July 1, 1999, K.S.A. 1995 Supp. 38-1663, as
27       amended by section 64 of chapter 156 of the 1997 Session Laws of Kansas,
28       is hereby amended to read as follows: 38-1663. (a) When a respondent
29       has been adjudged to be a juvenile offender, the judge may select from
30       the following alternatives:
31           (1) Place the juvenile offender on probation for a fixed period, subject
32       to the terms and conditions the court deems appropriate based on the
33       juvenile justice programs in the community, including a requirement of
34       making restitution as required by subsection (d).
35           (2) Place the juvenile offender in the custody of a parent or other
36       suitable person, subject to the terms and conditions the court orders
37       based on the juvenile justice programs in the community, including a
38       requirement of making restitution as required by subsection (d).
39           (3) Place the juvenile offender in the custody of a youth residential
40       facility, subject to the terms and conditions the court orders.
41           (4) Place the juvenile offender in the custody of the commissioner.
42           (5) Impose any appropriate combination of subsections (a)(1) and (2),
43       subsection (a)(3) or subsection (a)(4) and make other orders directed to

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  1       the juvenile offender as the court deems appropriate.
  2           (6) Commit the juvenile offender to a sanctions house for a period
  3       no longer than seven days. Following such period, the court shall review
  4       the placement. The court may continue to recommit the juvenile offender
  5       to a sanctions house for a period no longer than seven days followed by
  6       a court review. In no event shall such sanctions house commitment exceed
  7       28 consecutive days.
  8           (7) Commit the juvenile offender, if 18 years of age or less than 23
  9       years of age, to the county jail for a period no longer than seven days and
10       only when the juvenile offender has violated probation.
11           (8) Commit the juvenile offender to a community based program
12       available in such judicial district subject to the terms and conditions the
13       court orders.
14           (9) Commit the juvenile offender to a juvenile correctional facility as
15       provided by the placement matrix established in section 23, and amend-
16       ments thereto.
17           (10) Place the juvenile offender under a house arrest program ad-
18       ministered by the court pursuant to K.S.A. 21-4603b and amendments
19       thereto.
20           (b) (1) In addition to any other order authorized by this section, the
21       court may order the: (A) Juvenile offender and the parents of the juvenile
22       offender to:
23           (i) Attend counseling sessions as the court directs; or
24           (ii) participate in mediation as the court directs. Participants in such
25       mediation may include, but shall not be limited to, the victim, the juvenile
26       offender and the juvenile offender's parents. Mediation shall not be man-
27       datory for the victim;
28           (B) parents of the juvenile offender to participate in parenting classes;
29       or
30           (C) juvenile offender to successfully participate in a program of ed-
31       ucation offered by a local board of education including placement in an
32       alternative educational program approved by a local board of education.
33           (2) Upon entering an order requiring a juvenile offender's parent to
34       attend counseling sessions or mediation, the court shall give the parent
35       notice of the order. The notice shall inform the parent of the parent's
36       right to request a hearing within 10 days after entry of the order and the
37       parent's right to employ an attorney to represent the parent at the hearing
38       or, if the parent is financially unable to employ an attorney, the parent's
39       right to request the court to appoint an attorney to represent the parent.
40       If the parent does not request a hearing within 10 days after entry of the
41       order, the order shall take effect at that time. If the parent requests a
42       hearing, the court shall set the matter for hearing and, if requested, shall
43       appoint an attorney to represent the parent. The expense and fees of the

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  1       appointed attorney may be allowed and assessed as provided by K.S.A.
  2       38-1606 and amendments thereto.
  3           (3) The costs of any counseling or mediation may be assessed as ex-
  4       penses in the case. No mental health center shall charge a fee for
  5       court-ordered counseling greater than that the center would have charged
  6       the person receiving the counseling if the person had requested coun-
  7       seling on the person's own initiative. No mediator shall charge a fee for
  8       court-ordered mediation greater than that the mediator would have
  9       charged the person participating in the mediation if the person had re-
10       quested mediation on the person's own initiative.
11           (c) (1) Except as provided in section 1, if a respondent has been ad-
12       judged to be a juvenile offender, the court, in addition to any other order
13       authorized by this section, may suspend the juvenile offender's driver's
14       license or privilege to operate a motor vehicle on the streets and highways
15       of this state. The duration of the suspension ordered by the court shall
16       be for a definite time period to be determined by the court. Upon sus-
17       pension of a license pursuant to this subsection, the court shall require
18       the juvenile offender to surrender the license to the court, which shall
19       transmit the license to the division of motor vehicles of the department
20       of revenue, to be retained until the period of suspension expires. At that
21       time, the licensee may apply to the division for return of the license. If
22       the license has expired, the juvenile offender may apply for a new license,
23       which shall be issued promptly upon payment of the proper fee and sat-
24       isfaction of other conditions established by law for obtaining a license
25       unless another suspension or revocation of the juvenile offender's privi-
26       lege to operate a motor vehicle is in effect. As used in this subsection,
27       ``highway'' and ``street'' have the meanings provided by K.S.A. 8-1424 and
28       8-1473, and amendments thereto. Any respondent who is adjudged to be
29       a juvenile offender who does not have a driver's license may have such
30       juvenile offender's driving privileges revoked. No Kansas driver's license
31       shall be issued to a juvenile offender whose driving privileges have been
32       revoked pursuant to this section for a definite time period to be deter-
33       mined by the court.
34           (2) In lieu of suspending the driver's license or privilege to operate
35       a motor vehicle on the highways of this state of any respondent adjudged
36       to be a juvenile offender, as provided in subsection (c)(1), the court in
37       which such juvenile offender was adjudged to be a juvenile offender may
38       enter an order which places conditions on such juvenile offender's priv-
39       ilege of operating a motor vehicle on the highways of this state, a certified
40       copy of which such juvenile offender shall be required to carry any time
41       such juvenile offender is operating a motor vehicle on the highways of
42       this state. Any such order shall prescribe the duration of the conditions
43       imposed and shall specify that such duration shall be for a definite time

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  1       period to be determined by the court. Upon entering an order restricting
  2       a juvenile offender's license hereunder, the court shall require such ju-
  3       venile offender to surrender such juvenile offender's driver's license to
  4       the court who shall cause it to be transmitted to the division of vehicles,
  5       together with a copy of the order. Upon receipt thereof, the division of
  6       vehicles shall issue without charge a driver's license which shall indicate
  7       on its face that conditions have been imposed on such juvenile offender's
  8       privilege of operating a motor vehicle and that a certified copy of the
  9       order imposing such conditions is required to be carried by the juvenile
10       offender for whom the license was issued any time such juvenile offender
11       is operating a motor vehicle on the highways of this state. If the juvenile
12       offender convicted is a nonresident, the court shall cause a copy of the
13       order to be transmitted to the division and the division shall forward a
14       copy of it to the motor vehicle administrator of such juvenile offender's
15       state of residence. Such court shall furnish to any juvenile offender whose
16       driver's license has had conditions imposed on it under this section a copy
17       of the order, which shall be recognized as a valid Kansas driver's license
18       until such time as the division shall issue the restricted license provided
19       for in this subsection. Upon expiration of the period of time for which
20       conditions are imposed pursuant to this subsection, the licensee may ap-
21       ply to the division for the return of the license previously surrendered by
22       such licensee. In the event such license has expired, such juvenile of-
23       fender may apply to the division for a new license, which shall be issued
24       immediately by the division upon payment of the proper fee and satis-
25       faction of the other conditions established by law, unless such juvenile
26       offender's privilege to operate a motor vehicle on the highways of this
27       state has been suspended or revoked prior thereto. If any juvenile of-
28       fender shall violate any of the conditions imposed under this subsection,
29       such juvenile offender's driver's license or privilege to operate a motor
30       vehicle on the highways of this state shall be revoked for a period as
31       determined by the court in which such juvenile offender is convicted of
32       violating such conditions.
33           (d) Whenever a juvenile offender is placed pursuant to subsection
34       (a)(1) or (2), the court, unless it finds compelling circumstances which
35       would render a plan of restitution unworkable, shall order the juvenile
36       offender to make restitution to persons who sustained loss by reason of
37       the offense. The restitution shall be made either by payment of an amount
38       fixed by the court or by working for the persons in order to compensate
39       for the loss. If the court finds compelling circumstances which would
40       render a plan of restitution unworkable, the court may order the juvenile
41       offender to perform charitable or social service for organizations perform-
42       ing services for the community.
43           Nothing in this subsection shall be construed to limit a court's authority

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  1       to order a juvenile offender to make restitution or perform charitable or
  2       social service under circumstances other than those specified by this sub-
  3       section or when placement is made pursuant to subsection (a)(3) or (4).
  4           (e) In addition to or in lieu of any other order authorized by this
  5       section, the court may order a juvenile offender to pay a fine not exceed-
  6       ing $250 for each offense. In determining whether to impose a fine and
  7       the amount to be imposed, the court shall consider the following:
  8           (1) Imposition of a fine is most appropriate in cases where the juve-
  9       nile offender has derived pecuniary gain from the offense.
10           (2) The amount of the fine should be directly related to the serious-
11       ness of the juvenile offender's offense and the juvenile offender's ability
12       to pay.
13           (3) Payment of a fine may be required in a lump sum or installments.
14           (4) Imposition of a restitution order is preferable to imposition of a
15       fine.
16           (5) The juvenile offender's duty of payment should be limited in du-
17       ration and in no event should the time necessary for payment exceed the
18       maximum term which would be authorized if the offense had been com-
19       mitted by an adult.
20           (f) In addition to or in lieu of any other order authorized by this
21       section, if a juvenile is adjudged to be a juvenile offender by reason of a
22       violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
23       and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
24       65-4154 or 65-4155 or K.S.A. 1996 Supp. 8-1599, and amendments
25       thereto, the court shall order the juvenile offender to submit to and com-
26       plete an alcohol and drug evaluation by a community-based alcohol and
27       drug safety action program certified pursuant to K.S.A. 8-1008 and
28       amendments thereto and to pay a fee not to exceed the fee established
29       by that statute for such evaluation, except that such evaluation may be
30       waived by the court if the court finds that the juvenile offender has suc-
31       cessfully completed an alcohol and drug evaluation, approved by the com-
32       munity-based alcohol and drug safety action program, within 12 months
33       of the offender's arrest on this offense. If such evaluation occurred more
34       than 12 months after the offender's arrest on this offense, the court shall
35       order the juvenile offender to resubmit to and complete such evaluation
36       and program as provided herein. If the court finds that the juvenile of-
37       fender and those legally liable for the offender's support are indigent, the
38       fee may be waived. In no event shall the fee be assessed against the
39       commissioner or the juvenile justice authority. The court may require the
40       parent or guardian of the juvenile offender to attend such program with
41       the juvenile offender.
42           (g) The board of county commissioners of a county may provide by
43       resolution that the parents or guardians of any juvenile offender placed

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  1       under a house arrest program pursuant to subsection   (a)(7) (a)(10) shall
  2       be required to pay to the county the cost of such house arrest program.
  3       The board of county commissioners shall further prepare a sliding finan-
  4       cial scale based on the ability of the parents to pay for such a program.
  5           (h) In addition to any other order authorized by this section, if child
  6       support has been requested and the parent or parents have a duty to
  7       support the respondent the court may, and when custody is placed with
  8       the commissioner shall, order one or both parents to pay child support.
  9       The court shall determine, for each parent separately, whether the parent
10       is already subject to an order to pay support for the respondent. If the
11       parent is not presently ordered to pay support for the respondent and
12       the court has personal jurisdiction over the parent, the court shall order
13       the parent to pay child support in an amount determined under K.S.A.
14       38-16,117 and amendments thereto. Except for good cause shown, the
15       court shall issue an immediate income withholding order pursuant to
16       K.S.A. 23-4,105 et seq. and amendments thereto for each parent ordered
17       to pay support under this subsection, regardless of whether a payor has
18       been identified for the parent. A parent ordered to pay child support
19       under this subsection shall be notified, at the hearing or otherwise, that
20       the child support order may be registered pursuant to K.S.A. 38-16,119
21       and amendments thereto. The parent shall also be informed that, after
22       registration, the income withholding order may be served on the parent's
23       employer without further notice to the parent and the child support order
24       may be enforced by any method allowed by law. Failure to provide this
25       notice shall not affect the validity of the child support order.
26           (i) Any order issued by the judge pursuant to this section shall be in
27       effect immediately upon entry into the judge's minutes.
28           (j) In addition to the requirements of K.S.A. 38-1671, and amend-
29       ments thereto, on or after July 1, 1997, if a person is under 18 years of
30       age and convicted of a felony or adjudicated as a juvenile offender for an
31       act which if done by an adult would constitute the commission of a felony,
32       the court shall forward a signed copy of the journal entry to the commis-
33       sioner within 30 days of final disposition.
34           (k) The sentencing hearing shall be open to the public as provided in
35       K.S.A. 38-1652, and amendments thereto.
36           Sec. 4. K.S.A. 1997 Supp. 38-1663 is hereby repealed.
37           Sec. 5. On and after July 1, 1999, K.S.A. 1997 Supp. 38-1663, as
38       amended by section 2 of this act and K.S.A. 1995 Supp. 38-1663, as
39       amended by section 64 of chapter 156 of the 1997 Session Laws of Kansas
40       are hereby repealed.
41           Sec. 6. This act shall take effect and be in force from and after its
42       publication in the statute book.
43      
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