Session of 1998
                   
Substitute for SENATE BILL No. 682
         
By Committee on Federal and State Affairs
         
3-17
            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, 38-1691, 38-16,111,
12             38-16,129, 65-6001 and 65-6008 and repealing the existing sections;
13             also repealing K.S.A. 1996 Supp. 38-1663 as amended by section 64
14             of chapter 156 of the 1997 Session 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 carry out the mission of the authority. All
20       deputy commissioners and assistant commissioners shall serve at the plea-
21       sure of the commissioner, shall be in the unclassified service under the
22       Kansas civil service act and shall receive an annual salary fixed by the
23       commissioner and approved by the governor. The commissioner may ap-
24       point a public information officer, a chief attorney, other attorneys and a
25       personal secretary for the juvenile justice authority. These employees
26       shall serve at the pleasure of the commissioner, shall be in the unclassified
27       service under the Kansas civil service act and shall receive an annual salary
28       fixed by the commissioner and approved by the governor. Unless other-
29       wise designated, all other employees of the juvenile justice authority shall
30       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 commits an
37       offense while a juvenile which if done committed by an adult would con-
38       stitute the commission of a felony or misdemeanor as defined by K.S.A.
39       21-3105, and amendments thereto, or who violates the provisions of
40       K.S.A. 21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
41       amendments thereto, but 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       under 18 years of age who previously has been:
10           (A) Convicted as an adult under the Kansas code of criminal proce-
11       dure;
12           (B) sentenced as an adult under the Kansas code of criminal proce-
13       dure following termination of status as an extended jurisdiction juvenile
14       pursuant to K.S.A. 38-16,126, and amendments thereto; or
15           (C) convicted or sentenced as an adult in another state or foreign
16       jurisdiction under substantially similar procedures described in K.S.A. 38-
17       1636, and amendments thereto, or because of attaining the age of majority
18       designated in that state or jurisdiction.
19           (c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
20       fender, includes a guardian, conservator and every person who is by law
21       liable to maintain, care for or support the juvenile.
22           (d) ``Law enforcement officer'' means any person who by virtue of
23       that person's office or public employment is vested by law with a duty to
24       maintain public order or to make arrests for crimes, whether that duty
25       extends to all crimes or is limited to specific crimes.
26           (e) ``Youth residential facility'' means any home, foster home or struc-
27       ture which provides twenty-four-hour-a-day care for juveniles and which
28       is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
29       Annotated.
30           (f) ``Juvenile detention facility'' means any secure public or private
31       facility which is used for the lawful custody of accused or adjudicated
32       juvenile offenders and which must shall not be a jail.
33           (g) ``Juvenile correctional facility'' means a facility operated by the
34       commissioner for juvenile offenders.
35           (h) ``Warrant'' means a written order by a judge of the court directed
36       to any law enforcement officer commanding the officer to take into cus-
37       tody the juvenile named or described therein.
38           (i) ``Commissioner'' means the commissioner of juvenile justice.
39           (j) ``Jail'' means:
40           (1) An adult jail or lockup; or
41           (2) a facility in the same building as an adult jail or lockup, unless the
42       facility meets all applicable licensure requirements under law and there
43       is (A) total separation of the juvenile and adult facility spatial areas such

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  1       that there could be no haphazard or accidental contact between juvenile
  2       and adult residents in the respective facilities; (B) total separation in all
  3       juvenile and adult program activities within the facilities, including rec-
  4       reation, education, counseling, health care, dining, sleeping, and general
  5       living activities; and (C) separate juvenile and adult staff, including man-
  6       agement, security staff and direct care staff such as recreational, educa-
  7       tional and counseling.
  8           (k) ``Court-appointed special advocate'' means a responsible adult,
  9       other than an attorney appointed pursuant to K.S.A. 38-1606, and amend-
10       ments thereto, who is appointed by the court to represent the best inter-
11       ests of a child, as provided in K.S.A. 1997 Supp. 38-1606a, and amend-
12       ments thereto, in a proceeding pursuant to this code.
13           (l) ``Juvenile intake and assessment worker'' means a responsible
14       adult authorized to perform intake and assessment services as part of the
15       intake and assessment system established pursuant to K.S.A. 1997 Supp.
16       76-3202 75-7023, and amendments thereto.
17           (m) ``Institution'' means the following institutions: The Atchison ju-
18       venile correctional facility, the Beloit juvenile correctional facility, the
19       Larned juvenile correctional facility and the Topeka juvenile correctional
20       facility.
21           (n) ``Sanction Sanctions house'' means a facility which is operated or
22       structured so as to ensure that all entrances and exits from the facility are
23       under the exclusive control of the staff of the facility, whether or not the
24       person being detained has freedom of movement within the perimeters
25       of the facility, or which relies on locked rooms and buildings, fences, or
26       physical restraint in order to control the behavior of its residents. Upon
27       an order from the court, a licensed juvenile detention facility may serve
28       as a sanction sanctions house. A sanction sanctions house may be physi-
29       cally connected physically to a nonsecure shelter facility provided the
30       sanction sanctions house is not a licensed juvenile detention facility.
31           (o) ``Sentencing risk assessment tool'' means an instrument adminis-
32       tered to juvenile offenders which delivers a score, or group of scores,
33       describing, but not limited to describing, the juvenile's potential risk to
34       the community.
35           Sec. 3. K.S.A. 1997 Supp. 38-1604 is hereby amended to read as
36       follows: 38-1604. (a) Except as provided in K.S.A. 38-1636 and 21-3611,
37       and amendments thereto, proceedings concerning a juvenile who appears
38       to be a juvenile offender shall be governed by the provisions of this code.
39           (b) The district court shall have original jurisdiction to receive and
40       determine proceedings under this code.
41           (c) When jurisdiction is acquired by the district court over an alleged
42       juvenile offender it may continue until: (1) Sixty days after sentencing, if
43       the juvenile is committed directly to a juvenile correctional facility; (2)

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  1       committed to the custody of the commissioner pursuant to subsection (c)
  2       of K.S.A. 38-1665, and amendments thereto; (2) if directly committed to
  3       a juvenile correctional facility, the juvenile has attained the age of 23
  4       years, if committed to the custody of the commissioner pursuant to sub-
  5       section (c) of K.S.A. 38-1665, and amendments thereto, unless an adult
  6       sentence is imposed pursuant to an extended jurisdiction juvenile pros-
  7       ecution. If such adult sentence is imposed, jurisdiction shall continue until
  8       discharged by the court or other process for the adult sentence; (3) the
  9       juvenile has been discharged by the court; or (4) the juvenile has been
10       discharged under the provisions of K.S.A. 38-1675, and amendments
11       thereto.
12           (d) If a juvenile has been adjudicated to be a juvenile offender and a
13       child in need of care, the juvenile justice code shall apply to such juvenile
14       and the child in need of care code shall be suspended during the time
15       the juvenile justice code applies for to such juvenile. Nothing in this sub-
16       section shall preclude such juvenile offender from accessing services pro-
17       vided by the department of social and rehabilitation services or any other
18       state agency if such juvenile is eligible for such services.
19           (e) The provisions of this code shall govern with respect to acts done
20       offenses committed on or after July 1, 1997.
21           Sec. 4. K.S.A. 1997 Supp. 38-1636 is hereby amended to read as
22       follows: 38-1636. (a) (1) Except as provided further, at any time after
23       commencement of proceedings under this code against a respondent and
24       prior to entry of a sentence or the beginning of an evidentiary hearing at
25       which the court may enter a sentence as provided in K.S.A. 38-1655, and
26       amendments thereto, the county or district attorney may file a motion
27       requesting that the court authorize prosecution of the respondent as an
28       adult under the applicable criminal statute. The respondent shall be pre-
29       sumed to be a juvenile unless good cause is shown to prosecute the re-
30       spondent as an adult.
31           (2) At any time after commencement of proceedings under this code
32       against a respondent who was: (A) 14, 15, 16 or 17 years of age at the
33       time of the offense or offenses alleged in the complaint, if any such of-
34       fense (i) if committed by an adult, would be constitute an offgrid offense,
35       a person felony, a nondrug severity level 1 through 6 felony or any drug
36       severity level 1 or 2 felony; or (ii) was committed while in possession of
37       a firearm; or (B) charged with a felony or with more than one offense of
38       which one or more is constitutes a felony after having been adjudicated
39       or convicted in a separate prior juvenile proceeding as having committed
40       an act offense which would constitute a felony if committed by an adult
41       and the adjudications or convictions occurred prior to the date of the
42       commission of the new act charged and prior to the entry of a sentence
43       or the beginning of an evidentiary hearing at which the court may enter

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

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  1           (d) If the respondent fails to appear for hearing on a motion as es-
  2       tablished in subsection (a) after having been properly served with notice
  3       of the hearing, the court may hear and determine the motion in the
  4       absence of the respondent. If the court is unable to obtain service of
  5       process and give notice of the hearing, the court may hear and determine
  6       the motion in the absence of the respondent after having given notice of
  7       the hearing at least once a week for two consecutive weeks in a newspaper
  8       authorized to publish legal notices in the official county newspaper of the
  9       county where the hearing will be held.
10           (e) In determining whether or not prosecution as an adult should be
11       authorized or designating the proceeding as an extended jurisdiction ju-
12       venile prosecution, the court shall consider each of the following factors:
13       (1) The seriousness of the alleged offense and whether the protection of
14       the community requires prosecution as an adult or designating the pro-
15       ceeding as an extended jurisdiction juvenile prosecution; (2) whether the
16       alleged offense was committed in an aggressive, violent, premeditated or
17       willful manner; (3) whether the offense was against a person or against
18       property,. Greater weight being shall be given to offenses against persons,
19       especially if personal injury resulted; (4) the number of alleged offenses
20       unadjudicated and pending against the respondent; (5) the previous his-
21       tory of the respondent, including whether the respondent had been ad-
22       judicated a juvenile offender under this code and, if so, whether the
23       offenses were against persons or property, and any other previous history
24       of antisocial behavior or patterns of physical violence; (6) the sophistica-
25       tion or maturity of the respondent as determined by consideration of the
26       respondent's home, environment, emotional attitude, pattern of living or
27       desire to be treated as an adult; (7) whether there are facilities or pro-
28       grams available to the court which are likely to rehabilitate the respondent
29       prior to the expiration of the court's jurisdiction under this code; and (8)
30       whether the interests of the respondent or of the community would be
31       better served by criminal prosecution or extended jurisdiction juvenile
32       prosecution. The insufficiency of evidence pertaining to any one or more
33       of the factors listed in this subsection shall not, in and of itself, shall not
34       be determinative of the issue. Subject to the provisions of K.S.A. 38-1653,
35       and amendments thereto, written reports and other materials relating to
36       the respondent's mental, physical, educational and social history may be
37       considered by the court.
38           (f) (1) The court may authorize prosecution as an adult upon com-
39       pletion of the hearing if the court finds that there is substantial evidence
40       that the respondent should be prosecuted as an adult for the offense with
41       which the respondent is charged. In that case, the court shall direct the
42       respondent be prosecuted under the applicable criminal statute and that
43       the proceedings filed under this code be dismissed.

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

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  1       suitable person, subject to the terms and conditions the court orders,
  2       including a requirement of making restitution as required by subsection
  3       (d).
  4           (3) Place the juvenile offender in the custody of a youth residential
  5       facility, subject to the terms and conditions the court orders.
  6           (4) Place the juvenile offender in the custody of the commissioner.
  7           (5) Impose any appropriate combination of subsections (a)(1) and (2),
  8       subsection (a)(3) or subsection (a)(4) and make other orders directed to
  9       the juvenile offender as the court deems appropriate.
10           (6) (5) Commit the juvenile offender to a sanctions house for a period
11       no longer than seven days. Following such period, the court shall review
12       the placement. The court may continue to recommit the juvenile offender
13       to a sanctions house for a period no longer than seven days followed by
14       a court review. In no event shall such Commitment to a sanctions house
15       commitment shall not exceed 28 consecutive days. An offender over 18
16       years of age or less than 23 years of age at sentencing may be committed
17       to a county jail, in lieu of a sanctions house, under the same time restric-
18       tions imposed by this paragraph. No offender may be committed under
19       this paragraph unless such offender has violated the terms of probation.
20           (7) Commit the juvenile offender, if 18 years of age or less than 23
21       years of age, to the county jail for a period no longer than seven days and
22       only when the juvenile offender has violated probation.
23           (8) (6) Commit the juvenile offender to a community based program
24       available in such judicial district subject to the terms and conditions the
25       court orders.
26           (7) Impose any appropriate combination of paragraphs (1) through
27       (6) of this subsection and make other orders directed to the juvenile of-
28       fender as the court deems appropriate.
29           (9) (8) Commit the juvenile offender to a juvenile correctional facility
30       if the juvenile offender:
31           (A) Has Previously has been adjudged adjudicated as a juvenile of-
32       fender under this code or under the Kansas juvenile offender code as it
33       existed prior to July 1, 1997, for an offense which, if committed by an
34       adult, would constitute a felony, a class A misdemeanor, a class B person
35       or nonperson select misdemeanor or a class C person misdemeanor; or
36           (B) has been adjudicated a juvenile offender as a result of having
37       committed an act offense which, if done committed by a person 18 years
38       of age or over, would constitute a class A, B or C felony as defined by
39       the Kansas criminal code or, if done on or after July 1, 1993, would
40       constitute an off-grid crime or a nondrug crime ranked in severity level
41       1 through 5 or a drug crime ranked in severity level 1 through 3.
42           (10) (9) Place the juvenile offender under a house arrest program
43       administered by the court pursuant to K.S.A. 21-4603b, and amendments

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

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

Sub. SB 682

11

  1       recognized as a valid Kansas driver's license until such time as the division
  2       shall issue the restricted license provided for in this subsection. Upon
  3       expiration of the period of time for which conditions are imposed pur-
  4       suant to this subsection, the licensee may apply to the division for the
  5       return of the license previously surrendered by such licensee. In the event
  6       such license has expired, such juvenile offender may apply to the division
  7       for a new license, which shall be issued immediately by the division upon
  8       payment of the proper fee and satisfaction of the other conditions estab-
  9       lished by law, unless such juvenile offender's privilege to operate a motor
10       vehicle on the streets and highways of this state has been suspended or
11       revoked prior thereto. If any juvenile offender shall violate any of the
12       conditions imposed under this subsection, such juvenile offender's
13       driver's license or privilege to operate a motor vehicle on the streets and
14       highways of this state shall be revoked for a period as determined by the
15       court in which such juvenile offender is convicted of violating such con-
16       ditions.
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 directly to the
38       seriousness of the juvenile offender's offense and the juvenile offender's
39       ability 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-

Sub. SB 682

12

  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 adjudicated to be a juvenile offender by
  6       reason of a violation of the uniform controlled substances act (K.S.A.
  7       65-4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-727, 65-
  8       4152, 65-4153, 65-4154 or 65-4155 65-4101 through 65-4164 or K.S.A.
  9       1997 Supp. 8-1599, and amendments thereto, the court shall order the
10       juvenile offender to submit to and complete an alcohol and drug evalu-
11       ation by a community-based alcohol and drug safety action program cer-
12       tified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a
13       fee not to exceed the fee established by that statute for such evaluation,
14       except that such evaluation may be waived by the court. The court may
15       waive such evaluation if the court finds that the juvenile offender has
16       successfully completed successfully an alcohol and drug evaluation, ap-
17       proved by the community-based alcohol and drug safety action program,
18       within 12 months of the offender's arrest on this offense before sentenc-
19       ing. If such evaluation occurred more than 12 months after the offender's
20       arrest on this offense before sentencing, the court shall order the juvenile
21       offender to resubmit to and complete such evaluation and program as
22       provided herein. If the court finds that the juvenile offender and those
23       legally liable for the offender's support are indigent, the fee may be
24       waived. In no event shall the fee be assessed against the commissioner
25       or the juvenile justice authority. The court may require the parent or
26       guardian of the juvenile offender to attend such program with the juvenile
27       offender.
28           (g) The board of county commissioners of a county may provide by
29       resolution that the parents or guardians of any juvenile offender placed
30       under a house arrest program pursuant to subsection (a)(7) (a)(9) shall
31       be required to pay to the county the cost of such house arrest program.
32       The board of county commissioners shall further prepare a sliding finan-
33       cial scale based on the ability of the parents to pay for such a program.
34           (h) In addition to any other order authorized by this section, if child
35       support has been requested and the parent or parents have a duty to
36       support the respondent the court may order, and when custody is placed
37       with the commissioner shall, order, one or both parents to pay child sup-
38       port. The court shall determine, for each parent separately, whether the
39       parent is already is subject to an order to pay support for the respondent.
40       If the parent currently is not presently ordered to pay support for the
41       respondent and the court has personal jurisdiction over the parent, the
42       court shall order the parent to pay child support in an amount determined
43       under K.S.A. 38-16,117, and amendments thereto. Except for good cause

Sub. SB 682

13

  1       shown, the court shall issue an immediate income withholding order pur-
  2       suant to K.S.A. 23-4,105 et seq., and amendments thereto for each parent
  3       ordered to pay support under this subsection, regardless of whether a
  4       payor has been identified for the parent. A parent ordered to pay child
  5       support under this subsection shall be notified, at the hearing or other-
  6       wise, that the child support order may be registered pursuant to K.S.A.
  7       38-16,119, and amendments thereto. The parent shall also shall be in-
  8       formed that, after registration, the income withholding order may be
  9       served on the parent's employer without further notice to the parent and
10       the child support order may be enforced by any method allowed by law.
11       Failure to provide this notice shall not affect the validity of the child
12       support order.
13           (i) Any order issued by the judge pursuant to this section shall be in
14       effect immediately upon entry into the judge's minutes court's journal.
15           (j) In addition to the requirements of K.S.A. 38-1671, and amend-
16       ments thereto, on or after July 1, 1997, if a person is under 18 years of
17       age and convicted of a felony or adjudicated as a juvenile offender for an
18       act which if done offense if committed by an adult would constitute the
19       commission of a felony, the court shall forward a signed copy of the jour-
20       nal entry to the commissioner within 30 days of final disposition.
21           (k) The sentencing hearing shall be open to the public as provided in
22       K.S.A. 38-1652, and amendments thereto.
23           Sec. 6. On and after July 1, 1999, K.S.A. 1997 Supp. 38-1663, as
24       amended by section 5 of this act, is hereby amended to read as follows:
25       38-1663. (a) When a respondent has been adjudicated to be a juvenile
26       offender, the judge may select from the following alternatives:
27           (1) Place the juvenile offender on probation for a fixed period, subject
28       to the terms and conditions the court deems appropriate based on the
29       juvenile justice programs in the community, including a requirement of
30       making restitution as required by subsection (d).
31           (2) Place the juvenile offender in the custody of a parent or other
32       suitable person, subject to the terms and conditions the court orders
33       based on the juvenile justice program in the community, including a re-
34       quirement of making restitution as required by subsection (d).
35           (3) Place the juvenile offender in the custody of a youth residential
36       facility, subject to the terms and conditions the court orders.
37           (4) Place the juvenile offender in the custody of the commissioner.
38           (5) Commit the juvenile offender to a sanctions house for a period
39       no longer than seven days. Following such period, the court shall review
40       the placement. The court may continue to recommit the juvenile offender
41       to a sanctions house for a period no longer than seven days followed by
42       a court review. Commitment to a sanctions house shall not exceed 28
43       consecutive days. An offender over 18 years of age or less than 23 years

Sub. SB 682

14

  1       of age at sentencing may be committed to a county jail, in lieu of a sanc-
  2       tions house, under the same time restrictions imposed by this paragraph.
  3       No offender may be committed under this paragraph unless such of-
  4       fender has violated the terms of probation.
  5           (6) Commit the juvenile offender to a community based program
  6       available in such judicial district subject to the terms and conditions the
  7       court orders.
  8           (7) Impose any appropriate combination of paragraphs (1) through
  9       (6) of this subsection and make other orders directed to the juvenile
10       offender as the court deems appropriate.
11           (8) Commit the juvenile offender to a juvenile correctional facility if
12       the juvenile offender:
13           (A) Previously has been adjudicated as a juvenile offender under this
14       code or under the Kansas juvenile offender code as it existed prior to July
15       1, 1997, for an offense which, if committed by an adult, would constitute
16       a felony, a class A misdemeanor, a class B person or nonperson select
17       misdemeanor or a class C person misdemeanor; or
18           (B) has been adjudicated a juvenile offender as a result of having
19       committed an offense which, if committed by a person 18 years of age or
20       over, would constitute a class A, B or C felony as defined by the Kansas
21       criminal code or, if done on or after July 1, 1993, would constitute an off-
22       grid crime or a nondrug crime ranked in severity level 1 through 5 or a
23       drug crime ranked in severity level 1 through 3 as provided by the place-
24       ment matrix established in K.S.A. 1997 Supp. 38-16,129, and amendments
25       thereto.
26           (9) Place the juvenile offender under a house arrest program admin-
27       istered by the court pursuant to K.S.A. 21-4603b, and amendments
28       thereto.
29           (b) (1) In addition to any other order authorized by this section, the
30       court may order the: (A) Juvenile offender and the parents of the juvenile
31       offender to:
32           (i) Attend counseling sessions as the court directs; or
33           (ii) participate in mediation as the court directs. Participants in such
34       mediation may include, but shall not be limited to, the victim, the juvenile
35       offender and the juvenile offender's parents. Mediation shall not be man-
36       datory for the victim;
37           (B) parents of the juvenile offender to participate in parenting classes;
38       or
39           (C) juvenile offender to participate in a program of education offered
40       by a local board of education including placement in an alternative edu-
41       cational program approved by a local board of education.
42           (2) Upon entering an order requiring a juvenile offender's parent to
43       attend counseling sessions or mediation, the court shall give the parent

Sub. SB 682

15

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

Sub. SB 682

16

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

Sub. SB 682

17

  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 related directly 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 adjudicated to be a juvenile offender by reason of
31       a violation of K.S.A. 41-719, 41-727, 65-4101 through 65-4164 or K.S.A.
32       1997 Supp. 8-1599, and amendments thereto, the court shall order the
33       juvenile offender to submit to and complete an alcohol and drug evalu-
34       ation by a community-based alcohol and drug safety action program cer-
35       tified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a
36       fee not to exceed the fee established by that statute for such evaluation.
37       The court may waive such evaluation if the court finds that the juvenile
38       offender has completed successfully an alcohol and drug evaluation, ap-
39       proved by the community-based alcohol and drug safety action program,
40       within 12 months before sentencing. If such evaluation occurred more
41       than 12 months before sentencing, the court shall order the juvenile of-
42       fender to resubmit to and complete such evaluation and program as pro-
43       vided herein. If the court finds that the juvenile offender and those legally

Sub. SB 682

18

  1       liable for the offender's support are indigent, the fee may be waived. In
  2       no event shall the fee be assessed against the commissioner or the juvenile
  3       justice authority. The court may require the parent or guardian of the
  4       juvenile offender to attend such program with the juvenile offender.
  5           (g) The board of county commissioners of a county may provide by
  6       resolution that the parents or guardians of any juvenile offender placed
  7       under a house arrest program pursuant to subsection (a)(9) shall be re-
  8       quired to pay to the county the cost of such house arrest program. The
  9       board of county commissioners shall prepare a sliding financial scale
10       based on the ability of the parents to pay for such a program.
11           (h) In addition to any other order authorized by this section, if child
12       support has been requested and the parent or parents have a duty to
13       support the respondent the court may order, and when custody is placed
14       with the commissioner shall order, one or both parents to pay child sup-
15       port. The court shall determine, for each parent separately, whether the
16       parent already is subject to an order to pay support for the respondent.
17       If the parent currently is not ordered to pay support for the respondent
18       and the court has personal jurisdiction over the parent, the court shall
19       order the parent to pay child support in an amount determined under
20       K.S.A. 38-16,117, and amendments thereto. Except for good cause
21       shown, the court shall issue an immediate income withholding order pur-
22       suant to K.S.A. 23-4,105 et seq., and amendments thereto, for each parent
23       ordered to pay support under this subsection, regardless of whether a
24       payor has been identified for the parent. A parent ordered to pay child
25       support under this subsection shall be notified, at the hearing or other-
26       wise, that the child support order may be registered pursuant to K.S.A.
27       38-16,119, and amendments thereto. The parent also shall be informed
28       that, after registration, the income withholding order may be served on
29       the parent's employer without further notice to the parent and the child
30       support order may be enforced by any method allowed by law. Failure
31       to provide this notice shall not affect the validity of the child support
32       order.
33           (i) Any order issued by the judge pursuant to this section shall be in
34       effect immediately upon entry into the court's journal.
35           (j) In addition to the requirements of K.S.A. 38-1671, and amend-
36       ments thereto, if a person is under 18 years of age and convicted of a
37       felony or adjudicated as a juvenile offender for an offense if committed
38       by an adult would constitute the commission of a felony, the court shall
39       forward a signed copy of the journal entry to the commissioner within 30
40       days of final disposition.
41           (k) The sentencing hearing shall be open to the public as provided in
42       K.S.A. 38-1652, and amendments thereto.
43           Sec. 7. K.S.A. 1997 Supp. 38-16,129 is hereby amended to read as

Sub. SB 682

19

  1       follows: 38-16,129. On and after July 1, 1999: (a) For the purpose of
  2       sentencing juvenile offenders, the following placements may be applied
  3       by the judge in felony or misdemeanor cases for offenses committed on
  4       or after July 1, 1999. If used, the court shall establish a specific term of
  5       commitment.
  6           (1) Violent Offenders. (A) The violent offender I is defined as an
  7       offender adjudicated as a juvenile offender if the offense for an offense
  8       which, if committed by an adult, would be constitute an off-grid felony.
  9       Offenders in this category may be committed to a juvenile correctional
10       facility for a minimum term of 60 months and up to a maximum term of
11       the offender reaching the age of 22 years, six months. The aftercare term
12       for this offender is set at a minimum term of six months and up to a
13       maximum term of the offender reaching the age of 23 years.
14           (B) The violent offender II is defined as an offender adjudicated as
15       a juvenile offender if the offense for an offense which, if committed by
16       an adult, would be constitute a nondrug level 1, 2 or 3 person felony.
17       Offenders in this category may be committed to a juvenile correctional
18       facility for a minimum term of 24 months and up to a maximum term of
19       the offender reaching the age 22 years, six months. The aftercare term
20       for this offender is set at a minimum term of six months and up to a
21       maximum term of the offender reaching the of age 23 years.
22           (2) Serious Offenders. (A) The serious offender I is defined as an
23       offender adjudicated as a juvenile offender if the offense for an offense
24       which, if committed by an adult, would be constitute a nondrug severity
25       level 4, 5 or 6 person felony or a severity level 1 or 2 drug felony. Of-
26       fenders in this category may be committed to a juvenile correctional fa-
27       cility for a minimum term of 18 months and up to a maximum term of
28       36 months. The aftercare term for this offender is set at a minimum term
29       of six months and up to a maximum term of 24 months.
30           (B) The serious offender II is defined as an offender adjudicated as
31       a juvenile offender if the offense for an offense which, if committed by
32       an adult, would be constitute a nondrug severity level 7, 8, 9 or 10 person
33       felony with one prior felony adjudication. Offenders in this category may
34       be committed to a juvenile correctional facility for a minimum term of
35       nine months and up to a maximum term of 18 months. The aftercare
36       term for this offender is set at a minimum term of six months and up to
37       a maximum term of 24 months.
38           (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
39       defined as an offender adjudicated as a juvenile offender if the offense
40       for an offense which, if committed by an adult, would be a constitute:
41           (i) One present nonperson felony adjudication and two prior felony
42       adjudications; or
43           (ii) one present severity level 3 drug felony adjudication and two prior

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  1       felony adjudications.
  2           Offenders in this category may be committed to a juvenile correctional
  3       facility for a minimum term of six months and up to a maximum term of
  4       18 months. The aftercare term for this offender is set at a minimum term
  5       of six months and up to a maximum term of 12 months.
  6           (B) The chronic offender II, escalating felon is defined as an offender
  7       adjudicated as a juvenile offender if the offense for an offense which, if
  8       committed by an adult, would be a constitute:
  9           (i) One present felony adjudication and two prior misdemeanor ad-
10       judications;
11           (ii) one present felony adjudication and two prior severity level 4 drug
12       adjudications;
13           (iii) one present severity level 3 drug felony adjudication and two
14       prior misdemeanor adjudications; or
15           (iv) one present severity level 3 drug felony adjudication and two
16       prior severity level 4 drug adjudications.
17           Offenders in this category may be committed to a juvenile correctional
18       facility for a minimum term of six months and up to a maximum term of
19       18 months. The aftercare term for this offender is set at a minimum term
20       of six months and up to a maximum term of 12 months.
21           (C) The chronic offender III, escalating misdemeanant is defined as
22       an offender adjudicated as a juvenile offender if the offense for an offense
23       which, if committed by an adult, would be a constitute:
24           (i) One present misdemeanor adjudication and two prior misde-
25       meanor adjudications and two out-of-home placement failures;
26           (ii) one present misdemeanor adjudication and two prior severity
27       level 4 drug felony adjudications and two out-of-home placement failures;
28           (iii) one present severity level 4 drug felony adjudication and two
29       prior misdemeanor adjudications and two out-of-home placement fail-
30       ures; or
31           (iv) one present severity level 4 drug felony adjudication and two
32       prior severity level 4 felony adjudications and two out-of-home placement
33       failures.
34           Offenders in this category may be committed to a juvenile correctional
35       facility for a minimum term of three months and up to a maximum term
36       of six months. The aftercare term for this offender is set at a minimum
37       term of three months and up to a maximum term of six months.
38           (4) Conditional Release Violators. Conditional release violators may
39       be committed to a juvenile correctional facility, youth residential facility,
40       juvenile detention facility, institution, a sanctions house or to other ap-
41       propriate community placement for a minimum term of three months
42       and up to a maximum term of six months. The aftercare term for this
43       offender is set at a minimum term of two months and up to a maximum

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  1       term of six months, or the maximum term of the original aftercare term,
  2       whichever is longer.
  3           (b) As used in this section: (1) ``Placement failure'' means a juvenile
  4       offender has been placed out-of-home on probation in a community
  5       placement accredited by the commissioner in a juvenile offender case
  6       and the offender has violated significantly violated the terms of probation
  7       in that case.
  8           (2) ``Adjudication'' includes out-of-state juvenile adjudications. An
  9       out-of-state offense which if done committed by an adult would constitute
10       the commission of a felony or misdemeanor shall be classified as either a
11       felony or a misdemeanor according to the adjudicating jurisdiction. If an
12       offense which if done committed by an adult would constitute the com-
13       mission of a felony is a felony in another state, it will be counted as deemed
14       a felony in Kansas. The state of Kansas shall classify the offense, which if
15       done committed by an adult would constitute the commission of a felony
16       or misdemeanor, as person or nonperson. In designating such offense as
17       person or nonperson, reference to comparable offenses shall be referred
18       to made. If the state of Kansas does not have a comparable offense, the
19       out-of-state adjudication shall be classified as a nonperson offense.
20           (c) All appropriate community placement options shall have been ex-
21       hausted before such juvenile offender a chronic offender III, escalating
22       misdemeanant shall be placed in a juvenile correctional facility. A court
23       finding shall be made acknowledging that appropriate community place-
24       ment options have been pursued and no such option is appropriate.
25           (d) The commissioner shall work with the community to provide
26       on-going support and incentives for the development of additional com-
27       munity placements to ensure that the chronic offender III, escalating
28       misdemeanant sentencing category is not frequently utilized.
29           Sec. 8. K.S.A. 1997 Supp. 38-1691 is hereby amended to read as
30       follows: 38-1691. (a) On and after January 1, 1993, no juvenile shall be
31       detained or placed in any jail pursuant to the Kansas juvenile justice code
32       except as provided by subsections (b) and (c).
33           (b) Upon being taken into custody, an alleged juvenile offender may
34       be temporarily detained temporarily in a jail, in quarters with sight and
35       sound separation from adult prisoners, for the purpose of identifying and
36       processing the juvenile and transferring the juvenile to a youth residential
37       facility or juvenile detention facility. If a juvenile is detained in jail under
38       this subsection, the juvenile shall be so detained only for the minimum
39       time necessary, not to exceed six hours, and in no case overnight.
40           (c) The provisions of this section do shall not apply to detention of a
41       juvenile with regard to:
42           (1) (A) Against whom a motion has been filed requesting prosecution
43       as an adult pursuant to K.S.A. 38-1636, and amendments thereto; and

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  1       (B) who has received the benefit of a detention hearing pursuant to K.S.A.
  2       38-1640, and amendments thereto;
  3           (2) whose prosecution as an adult or classification as an extended
  4       jurisdiction juvenile has been authorized pursuant to K.S.A. 38-1636, and
  5       amendments thereto; or
  6           (3) who has been convicted previously as an adult under the code of
  7       criminal procedure or the criminal laws of another state or foreign juris-
  8       diction.
  9           (d) This section shall be part of and supplemental to the Kansas ju-
10       venile justice code.
11           Sec. 9. K.S.A. 1997 Supp. 38-16,111 is hereby amended to read as
12       follows: 38-16,111. (a) When a juvenile who is under 16 years of age at
13       the time of the sentencing, has been prosecuted and convicted as an adult
14       or under the extended jurisdiction juvenile prosecution, and has been
15       placed in the custody of the secretary of the department of corrections,
16       the secretary shall notify the sheriff having such juvenile in custody to
17       convey such offender at a time designated by the juvenile justice authority
18       to a juvenile correctional facility. The commissioner shall notify the court
19       in writing of the initial placement of the juvenile in the specific juvenile
20       correctional facility as soon as the placement has been accomplished. The
21       commissioner shall not permit the juvenile to remain detained in any jail
22       for more than 72 hours, excluding Saturdays, Sundays and legal holidays,
23       after the commissioner has received the written order of the court placing
24       the juvenile in the custody of the commissioner, except that, if that . If
25       such placement cannot be accomplished, the juvenile may remain in jail
26       for an additional period of time, not exceeding 10 days, which is specified
27       by the commissioner and approved by the court.
28           (b) A juvenile offender who has been prosecuted and convicted as an
29       adult, shall not be eligible for admission to a juvenile correctional facility.
30       All other conditions of such juvenile offender's sentence imposed under
31       this code, including restitution orders, may remain intact. The provisions
32       of this subsection shall not apply to a juvenile offender who: (1) Is under
33       16 years of age at the time of the sentencing; (2)  has been prosecuted as
34       an adult or under extended juvenile jurisdiction; and (3) has been placed
35       in the custody of the secretary of corrections, requiring admission to a
36       juvenile correctional facility pursuant to subsection (a).
37           Sec. 10. K.S.A. 1997 Supp. 65-6001 is hereby amended to read as
38       follows: 65-6001. As used in K.S.A. 65-6001 to 65-6007, inclusive, and
39       K.S.A. 1997 Supp. 65-6008, 65-6009 and 65-6010, and amendments
40       thereto, unless the context clearly requires otherwise:
41           (a) ``AIDS'' means the disease acquired immune deficiency syn-
42       drome.
43           (b) ``HIV'' means the human immunodeficiency virus.

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  1           (c) ``Positive reaction to an AIDS test'' means a positive screening
  2       test, approved by the secretary, indicating infection by HIV, with a pos-
  3       itive specific test as specified by the secretary comprising confirmed an-
  4       alytical results which are evidence of HIV infection.
  5           (d) ``Secretary'' means the secretary of health and environment.
  6           (e) ``Physician'' means any person licensed to practice medicine and
  7       surgery.
  8           (f) ``Laboratory director'' means the person responsible for the pro-
  9       fessional, administrative, organizational and educational duties of a lab-
10       oratory.
11           (g) ``HIV infection'' means the presence of HIV in the body.
12           (h) ``Racial/ethnic group'' shall be designated as either white, black,
13       Hispanic, Asian/Pacific islander or American Indian/Alaskan Native.
14           (i) ``Corrections officer'' means an employee of the department of
15       corrections as defined in subsections (f) and (g) of K.S.A. 75-5202, and
16       amendments thereto.
17           (j) ``Emergency services employee'' means an attendant or first re-
18       sponder as defined under K.S.A. 65-6112, and amendments thereto, or a
19       firefighter.
20           (k) ``Law enforcement employee'' means:
21           (1) Any police officer or law enforcement officer as defined under
22       K.S.A. 74-5602, and amendments thereto;
23           (2) any person in the service of a city police department or county
24       sheriff's office who performs law enforcement duties without pay and is
25       considered a reserve officer;
26           (3) any person employed by a city or county who is in charge of a jail
27       or section of jail, including jail guards and those who conduct searches of
28       persons taken into custody; or
29           (4) any person employed by a city, county or the state of Kansas who
30       works as a scientist or technician in a forensic laboratory.
31           (l) ``Employing agency or entity'' means the agency or entity employ-
32       ing a corrections officer, emergency services employee, law enforcement
33       employee or jailer.
34           (m) ``Infectious disease'' means AIDS.
35           (n) ``Infectious disease tests'' means tests approved by the secretary
36       for detection of infectious diseases.
37           (o) ``Juvenile correctional facility staff'' means an employee of the ju-
38       venile justice authority working in a juvenile correctional facility as de-
39       fined in K.S.A. 38-1602, and amendments thereto.
40           Sec. 11. K.S.A. 1997 Supp. 65-6008 is hereby amended to read as
41       follows: 65-6008. (a) If a corrections officer, emergency services employee
42       or, law enforcement employee or juvenile correctional facility staff comes
43       in contact with or is otherwise is exposed to transmission of body fluids

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  1       from one or more other persons while performing duties within the scope
  2       of such employee's duties as an employee, the head of the employing
  3       agency or entity may make application to a court of competent jurisdiction
  4       for an order requiring such other person or persons to submit to infectious
  5       disease tests.
  6           (b) Such application shall include an allegation that the person or
  7       persons sought to be tested have been requested to voluntarily submit
  8       voluntarily to infectious disease tests and have refused the tests. When
  9       any such application is received, the court shall hold a hearing forthwith
10       and shall issue its order thereon immediately if the court finds that: (1)
11       There is probable cause to believe that the employee involved has come
12       in contact with or otherwise has been exposed to transmission of the body
13       fluids of the person or persons sought to be tested; and (2) the person or
14       persons sought to be tested have been requested to submit to the tests
15       and have refused, unless the court makes a further finding that exigent
16       circumstances exist which would, in the court's judgment, would excuse
17       the applicant from making such a request.
18           (c) If an infectious disease test ordered pursuant to this section results
19       in a negative reaction, the court shall order the person tested to submit
20       to another infectious disease test six months from the date the first test
21       was administered.
22           (d) The results of any infectious disease test ordered pursuant to this
23       section shall be disclosed to the court which ordered the test, the em-
24       ployee and the person tested. If an infectious disease test ordered pur-
25       suant to this section results in a positive reaction, the results shall be
26       reported to the employee.
27           Sec. 12. K.S.A. 75-2935 is hereby amended to read as follows: 75-
28       2935. The civil service of the state of Kansas is hereby divided into the
29       unclassified and the classified services.
30           (1) The unclassified service comprises positions held by state officers
31       or employees who are:
32           (a) Chosen by election or appointment to fill an elective office;
33           (b) members of boards and commissions, heads of departments re-
34       quired by law to be appointed by the governor or by other elective offi-
35       cers, and the executive or administrative heads of offices, departments,
36       divisions and institutions specifically established by law;
37           (c) except as otherwise provided under this section, one personal sec-
38       retary to each elective officer of this state, and in addition thereto, 10
39       deputies, clerks or employees designated by such elective officer;
40           (d) all employees in the office of the governor;
41           (e) officers and employees of the senate and house of representatives
42       of the legislature and of the legislative coordinating council and all officers
43       and employees of the office of revisor of statutes, of the legislative re-

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  1       search department, of the division of legislative administrative services,
  2       of the division of post audit and the legislative counsel;
  3           (f) chancellor, president, deans, administrative officers, student
  4       health service physicians, pharmacists, teaching and research personnel,
  5       health care employees and student employees in the institutions under
  6       the state board of regents, the executive officer of the board of regents
  7       and the executive officer's employees other than clerical employees, and,
  8       at the discretion of the state board of regents, directors or administrative
  9       officers of departments and divisions of the institution and county exten-
10       sion agents, except that this subsection (1)(f) shall not be construed to
11       include the custodial, clerical or maintenance employees, or any employ-
12       ees performing duties in connection with the business operations of any
13       such institution, except administrative officers and directors; as used in
14       this subsection (1)(f), ``health care employees'' means employees of the
15       university of Kansas medical center who provide health care services at
16       the university of Kansas medical center and who are medical technicians
17       or technologists or respiratory therapists, who are licensed professional
18       nurses or licensed practical nurses, or who are in job classes which are
19       designated for this purpose by the chancellor of the university of Kansas
20       upon a finding by the chancellor that such designation is required for the
21       university of Kansas medical center to recruit or retain personnel for
22       positions in the designated job classes; and employees of any institution
23       under the state board of regents who are medical technologists;
24           (g) operations, maintenance and security personnel employed to im-
25       plement agreements entered into by the adjutant general and the federal
26       national guard bureau, and officers and enlisted persons in the national
27       guard and the naval militia;
28           (h) persons engaged in public work for the state but employed by
29       contractors when the performance of such contract is authorized by the
30       legislature or other competent authority;
31           (i) persons temporarily employed or designated by the legislature or
32       by a legislative committee or commission or other competent authority
33       to make or conduct a special inquiry, investigation, examination or in-
34       stallation;
35           (j) officers and employees in the office of the attorney general and
36       special counsel to state departments appointed by the attorney general,
37       except that officers and employees of the division of the Kansas bureau
38       of investigation shall be in the classified or unclassified service as provided
39       in K.S.A. 75-711, and amendments thereto;
40           (k) all employees of courts;
41           (l) client, patient and inmate help in any state facility or institution;
42           (m) all attorneys for boards, commissions and departments;
43           (n) the secretary and assistant secretary of the Kansas state historical

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26

  1       society;
  2           (o) physician specialists, dentists, dental hygienists, pharmacists,
  3       medical technologists and long term care workers employed by the de-
  4       partment of social and rehabilitation services;
  5           (p) physician specialists, dentists and medical technologists employed
  6       by any board, commission or department or by any institution under the
  7       jurisdiction thereof;
  8           (q) student employees enrolled in public institutions of higher learn-
  9       ing;
10           (r) administrative officers, directors and teaching personnel of the
11       state board of education and the state department of education and of
12       any institution under the supervision and control of the state board of
13       education, except that this subsection (1)(r) shall not be construed to
14       include the custodial, clerical or maintenance employees, or any employ-
15       ees performing duties in connection with the business operations of any
16       such institution, except administrative officers and directors;
17           (s) all officers and employees in the office of the secretary of state;
18           (t) one personal secretary and one special assistant to the following:
19       The secretary of administration, the secretary of aging, the secretary of
20       agriculture, the secretary of commerce and housing, the secretary of cor-
21       rections, the secretary of health and environment, the superintendent of
22       the Kansas highway patrol, the secretary of human resources, the secre-
23       tary of revenue, the secretary of social and rehabilitation services, the
24       secretary of transportation and, the secretary of wildlife and parks and
25       the commissioner of juvenile justice;
26           (u) one personal secretary and one special assistant to the chancellor
27       and presidents of institutions under the state board of regents;
28           (v) one personal secretary and one special assistant to the executive
29       vice chancellor of the university of Kansas medical center;
30           (w) one public information officer and one chief attorney for the fol-
31       lowing: The department of administration, the department on aging, the
32       department of agriculture, the department of commerce and housing, the
33       department of corrections, the department of health and environment,
34       the department of human resources, the department of revenue, the de-
35       partment of social and rehabilitation services, the department of trans-
36       portation and, the Kansas department of wildlife and parks and the com-
37       missioner of juvenile justice;
38           (x) civil service examination monitors;
39           (y) one executive director, one general counsel and one director of
40       public affairs and consumer protection in the office of the state corpo-
41       ration commission;
42           (z) specifically designated by law as being in the unclassified service;
43       and

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27

  1           (aa) all officers and employees of Kansas, Inc. and the Kansas tech-
  2       nology enterprise corporation.
  3           (2) The classified service comprises all positions now existing or here-
  4       after created which are not included in the unclassified service. Appoint-
  5       ments in the classified service shall be made according to merit and fitness
  6       from eligible pools which so far as practicable shall be competitive. No
  7       person shall be appointed, promoted, reduced or discharged as an officer,
  8       clerk, employee or laborer in the classified service in any manner or by
  9       any means other than those prescribed in the Kansas civil service act and
10       the rules adopted in accordance therewith.
11           (3) For positions involving unskilled, or semiskilled duties, the sec-
12       retary of administration, as provided by law, shall establish rules and reg-
13       ulations concerning certifications, appointments, layoffs and reemploy-
14       ment which may be different from the rules and regulations established
15       concerning these processes for other positions in the classified service.
16           (4) Officers authorized by law to make appointments to positions in
17       the unclassified service, and appointing officers of departments or insti-
18       tutions whose employees are exempt from the provisions of the Kansas
19       civil service act because of the constitutional status of such departments
20       or institutions shall be permitted to make appointments from appropriate
21       pools of eligibles maintained by the division of personnel services.
22           Sec. 13. K.S.A. 75-4362 is hereby amended to read as follows: 75-
23       4362. (a) The director of the division of personnel services of the de-
24       partment of administration shall have the authority to establish and im-
25       plement a drug screening program for persons taking office as governor,
26       lieutenant governor or attorney general and for applicants for safety sen-
27       sitive positions in state government, but no applicant for such a position
28       shall be required to submit to a test as a part of such program unless the
29       applicant is first given a conditional offer of employment. The director
30       also shall have the authority to establish and implement a drug screening
31       program for persons currently holding the office of governor, lieutenant
32       governor or attorney general or safety sensitive positions in state govern-
33       ment, based upon reasonable suspicion of illegal drug use by any such
34       person.
35           (b) Any public announcement or advertisement soliciting applications
36       for employment in a safety sensitive position in state government shall
37       include a statement of the requirements of the drug screening program
38       established under this section for applicants for and employees holding
39       such position.
40           (c) No person shall be terminated solely due to positive results of a
41       test administered as a part of a program authorized by this section if: (1)
42       The employee has not previously had a valid positive test result; and (2)
43       the employee undergoes a drug evaluation and successfully completes

Sub. SB 682

28

  1       any education or treatment program recommended as a result of the
  2       evaluation. Nothing herein shall be construed as prohibiting demotions,
  3       suspensions or terminations pursuant to K.S.A. 75-2949e or 75-2949f, and
  4       amendments thereto.
  5           (d) Except in hearings before the state civil service board regarding
  6       disciplinary action taken against the employee, the results of any test
  7       administered as a part of a program authorized by this section shall be
  8       confidential and shall not be disclosed publicly.
  9           (e) The secretary of administration may adopt such rules and regu-
10       lations as necessary to carry out the provisions of this section.
11           (f) ``Safety sensitive positions'' means state law enforcement officers
12       who are authorized to carry firearms, state corrections officers, juvenile
13       correctional facility staff, heads of state agencies who are appointed by
14       the governor and employees on the governor's staff.
15           (g) All persons employed within a correctional institution, as defined
16       in K.S.A. 21-3826, and amendments thereto, or a juvenile correctional
17       facility, as defined in K.S.A. 38-1602, and amendments thereto, may be
18       subject to drug screening based upon reasonable suspicion of illegal drug
19       use.
20           Sec. 14. K.S.A. 75-7024 is hereby amended to read as follows: 75-
21       7024. On and after July 1, 1997, in addition to other powers and duties
22       provided by law, in administering the provisions of the juvenile justice
23       code, the commissioner of juvenile justice shall:
24           (a) Establish the following divisions which include the following func-
25       tions in the juvenile justice authority:
26           (1) Operations. The commissioner shall operate the juvenile intake
27       and assessment system as it relates to the juvenile offender; provide tech-
28       nical assistance and help facilitate community collaboration; license ju-
29       venile correctional facilities, programs and providers; assist in coordinat-
30       ing a statewide system of community based service providers; establish
31       pilot projects for community based service providers; and operate the
32       juvenile correctional facilities.
33           (2) Research and prevention. The commissioner shall generate, an-
34       alyze and utilize data to review existing programs and identify effective
35       prevention programs; to develop new program initiatives and restructure
36       existing programs; and to assist communities in risk assessment and ef-
37       fective resource utilization.
38           (3) Contracts. The commissioner shall secure the services of direct
39       providers by contracting with such providers, which may include non-
40       profit, private or public agencies, to provide functions and services
41       needed to operate the juvenile justice authority. The commissioner shall
42       contract with local service providers, when available, to provide 24-
43       hour-a-day twenty-four-hour-a-day intake and assessment services. Noth-

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  1       ing provided for herein shall prohibit local municipalities, through inter-
  2       local agreements, from corroborating with and participating in the intake
  3       and assessment services established in K.S.A. 75-7023, and amendments
  4       thereto. All contracts entered into by the commissioner to secure the
  5       services of direct providers shall contain a clause allowing the inspector
  6       general unlimited access to such facility, records or personnel pursuant
  7       to subsection (a)(4)(B).
  8           (4) Performance audit. (A) The commissioner shall randomly shall
  9       audit contracts to determine that service providers are performing as re-
10       quired pursuant to the contract.
11           (B) Within the division of performance audit conducting performance
12       audits, the commissioner shall designate a staff person to serve in the
13       capacity of inspector general. Such inspector general, or such inspector
14       general's designee, shall have the authority to: (i) Enforce compliance
15       with all contracts; (ii) perform audits as necessary to ensure compliance
16       with the contracts. The inspector general shall have unlimited access to
17       any and all facilities, records or personnel of any provider that has con-
18       tracted with the commissioner to determine that such provider is in com-
19       pliance with the contracts; and (iii) establish a statewide juvenile justice
20       hotline to respond to any complaints or concerns that have been received
21       concerning juvenile justice.
22           (b) Adopt rules and regulations necessary for the administration of
23       this act.
24           (c) Administer all state and federal funds appropriated to the juvenile
25       justice authority and may coordinate with any other agency within the
26       executive branch expending funds appropriated for juvenile justice.
27           (d) Administer the development and implementation of a juvenile
28       justice information system.
29           (e) Administer the transition to and implementation of juvenile jus-
30       tice system reforms.
31           (f) Coordinate with the judicial branch of state government any duties
32       and functions which effect the juvenile justice authority.
33           (g) Serve as a resource to the legislature and other state policymakers.
34           (h) Make and enter into all contracts and agreements and do all other
35       acts and things necessary or incidental to the performance of functions
36       and duties and the execution of powers under this act. The commissioner
37       may enter into memorandums of agreement or contractual relationships
38       with state agencies, other governmental entities or private providers as
39       necessary to carry out the commissioner's responsibilities pursuant to the
40       Kansas juvenile justice code.
41           (i) Accept custody of juvenile offenders so placed by the court.
42           (j) Assign juvenile offenders placed in the commissioner's custody to
43       juvenile correctional facilities based on information collected by the re-

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  1       ception and diagnostic evaluation, intake and assessment report, pursuant
  2       to K.S.A. 75-7023, and amendments thereto, and the predispositional in-
  3       vestigation report, pursuant to K.S.A. 38-1661, and amendments thereto.
  4           (k) Establish and utilize a reception and diagnostic evaluation for all
  5       juvenile offenders to be evaluated prior to placement in a juvenile cor-
  6       rectional facility.
  7           (l) Assist the judicial districts in establishing community based place-
  8       ment options, juvenile community correctional services and aftercare
  9       transition services for juvenile offenders.
10           (m) Review, evaluate and restructure the programmatic mission and
11       goals of the juvenile correctional facilities to accommodate greater spe-
12       cialization for each facility.
13           (n) Adopt rules and regulations as are necessary to encourage the
14       sharing of information between individuals and agencies who are involved
15       with the juvenile.
16           (o) Provide staff support to the Kansas youth authority.
17           (p) Designate in each judicial district an entity which shall be re-
18       sponsible for juvenile justice field services not provided by court services
19       officers in the judicial district. The commissioner shall contract with such
20       entity and provide grants to fund such field services.
21           (q) Monitor placement trends and minority confinement.
22           (r) On or before December 1, 1997, with the approval of the Kansas
23       youth authority, Develop and submit to the joint committee on correc-
24       tions and juvenile justice oversight a recommendation to provide for the
25       financial viability of the Kansas juvenile justice system. Such recommen-
26       dation shall include a formula for the allocation of state funds to com-
27       munity programs and a rationale in support of the recommendation. Ad-
28       ditionally, the commissioner shall submit a recommendation, approved
29       by the Kansas youth authority, detailing capital projects and expenditures
30       projected during the five-year period beginning July 1, 1997, including a
31       rationale in support of such recommendation. In developing such rec-
32       ommendations, the commissioner shall avoid pursuing construction or
33       expansion of state institutional capacity when appropriate alternatives to
34       such placements are justified. The commissioner's recommendations shall
35       identify a revenue source sufficient to appropriately fund expenditures
36       anticipated to be incurred subsequent to expansion of community-based
37       capacity and necessary to finance recommended capital projects.
38           (s) Report monthly to the joint committee on corrections and juvenile
39       justice oversight. The commissioner shall review with the committee any
40       contracts or memorandums of agreement with other state agencies prior
41       to the termination of such agreements or contracts.
42           (t) Have the authority to designate all or a portion of a facility for
43       juveniles under the commissioner's jurisdiction as a:

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31

  1           (1) Nonsecure detention facility;
  2           (2) facility for the educational or vocational training and related serv-
  3       ices;
  4           (3) facility for temporary placement pending other arrangements
  5       more appropriate for the juvenile's needs; and
  6           (4) facility for the provision of care and other services and not for the
  7       detention of juveniles.
  8           The commissioner may appoint a deputy commissioner to head each
  9       division in the juvenile justice authority and such deputy shall serve at
10       the pleasure of the commissioner. Any such deputy commissioner shall
11       be in the unclassified service under the Kansas civil service act.
12           Sec. 15. K.S.A. 75-2935, 75-4362 and 75-7024 and K.S.A. 1997 Supp.
13       38-1602, 38-1604, 38-1636, 38-1663, 38-1691, 38-16,111, 38-16,129, 65-
14       6001 and 65-6008 are hereby repealed.
15           Sec. 16. On and after July 1, 1999, K.S.A. 1997 Supp. 38-1663, as
16       amended by section 5 of this act and K.S.A. 1996 Supp. 38-1663, as
17       amended by section 64 of chapter 156 of the 1997 Session Laws of Kansas
18       are hereby repealed.
19           Sec. 17. This act shall take effect and be in force from and after its
20       publication in the statute book.
21      
22