As Amended by House Committee
          
Session of 1999
         
HOUSE BILL No. 2207
         
By Committee on Judiciary
          
2-1
          
10             AN  ACT concerning juvenile justice and the juvenile justice authority;
11             amending K.S.A. 21-3520, 75-7007, 75-7021, 75-7032, 76-172 and
12             79-4803 and K.S.A. 1998 Supp. 21-3413, 21-3810, 38-1602, 38-1604,
13             38-1663, 38-1664, 38-1681 and, 38-16,129, 38-16,130, 38-16,131,
14             46-2801 and 75-7024 and repealing the existing sections; also re-
15             pealing K.S.A. 75-7008 and 75-7009 and K.S.A. 1997 Supp. 38-
16             1663, as amended by section 8 of chapter 187 of the 1998 Ses-
17             sion Laws of Kansas and K.S.A. 1998 Supp. 38-1602a.
18      
19       Be it enacted by the Legislature of the State of Kansas:
20             Section  1. K.S.A. 1998 Supp. 21-3413 is hereby amended to read as
21       follows: 21-3413. Battery against a law enforcement officer is a battery,
22       as defined in K.S.A. 21-3412 and amendments thereto:
23             (a)  (1) Committed against a uniformed or properly identified state,
24       county or city law enforcement officer other than a state correctional
25       officer or employee, a city or county correctional officer or employee, a
26       juvenile correctional facility officer or employee or a juvenile detention
27       facility officer or employee, while such officer is engaged in the perform-
28       ance of such officer's duty;
29             (2) committed against a state correctional officer or employee by a
30       person in custody of the secretary of corrections, while such officer or
31       employee is engaged in the performance of such officer's or employee's
32       duty;
33             (3) committed against a juvenile correctional facility officer or em-
34       ployee by a person confined in such juvenile correctional facility, while
35       such officer or employee is engaged in the performance of such officer's
36       or employee's duty;
37             (4) committed against a juvenile detention facility officer or employee
38       by a person confined in such juvenile detention facility, while such officer
39       or employee is engaged in the performance of such officer's or employee's
40       duty; or
41             (5) committed against a city or county correctional officer or em-
42       ployee by a person confined in a city holding facility or county jail facility,
43       while such officer or employee is engaged in the performance of such

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  1       officer's or employee's duty.
  2             (b) Battery against a law enforcement officer as defined in subsection
  3       (a)(1) is a class A person misdemeanor. Battery against a law enforcement
  4       officer as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a severity
  5       level 6 5, person felony.
  6             (c) As used in this section:
  7             (1) "Correctional institution" means any institution or facility under
  8       the supervision and control of the secretary of corrections.
  9             (2) "State correctional officer or employee" means any officer or em-
10       ployee of the Kansas department of corrections or any independent con-
11       tractor, or any employee of such contractor, working at a correctional
12       institution.
13             (3) "Juvenile correctional facility officer or employee" means any of-
14       ficer or employee of the juvenile justice authority or any independent
15       contractor, or any employee of such contractor, working at a juvenile
16       correctional facility, as defined in K.S.A. 38-1602 and amendments
17       thereto.
18             (4) "Juvenile detention facility officer or employee" means any officer
19       or employee of a juvenile detention facility as defined in K.S.A. 38-1602
20       and amendments thereto.
21             (5) "City or county correctional officer or employee" means any cor-
22       rectional officer or employee of the city or county or any independent
23       contractor, or any employee of such contractor, working at a city holding
24       facility or county jail facility.
25             Sec.  2. K.S.A. 21-3520 is hereby amended to read as follows: 21-
26       3520. (a) Unlawful sexual relations is engaging in consensual sexual in-
27       tercourse, lewd fondling or touching, or sodomy with a person who is
28       not married to the offender if:
29             (1) The offender is an employee of the department of corrections or
30       the employee of a contractor who is under contract to provide services in
31       a correctional institution and the person with whom the offender is en-
32       gaging in consensual sexual intercourse, lewd fondling or touching, or
33       sodomy is an inmate; or
34             (2) the offender is a parole officer and the person with whom the
35       offender is engaging in consensual sexual intercourse, lewd fondling or
36       touching, or sodomy is an inmate who has been released on parole or
37       conditional release or postrelease supervision under the direct supervision
38       and control of the offender.; or
39             (3) the offender is a law enforcement officer, an employee of a jail, or
40       the employee of a contractor who is under contract to provide services in
41       a jail and the person with whom the offender is engaging in consensual
42       sexual intercourse, lewd fondling or touching, or sodomy is a person
43       16 years of age or older who is confined by lawful custody to such jail; or

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  1             (4) the offender is a law enforcement officer, an employee of a juvenile
  2       detention facility or sanctions house, or the employee of a contractor who
  3       is under contract to provide services in such facility or sanctions house
  4       and the person with whom the offender is engaging in consensual sexual
  5       intercourse, lewd fondling or touching, or sodomy is a person 16 years
  6       of age or older who is confined by lawful custody to such facility or sanc-
  7       tions house; or
  8             (5) the offender is an employee of the juvenile justice authority or the
  9       employee of a contractor who is under contract to provide services in a
10       juvenile correctional facility and the person with whom the offender is
11       engaging in consensual sexual intercourse, lewd fondling or touching,
12       or sodomy is a person 16 years of age or older who is confined by lawful
13       custody to such facility; or
14             (6) the offender is an employee of the juvenile justice authority or the
15       employee of a contractor who is under contract to provide direct super-
16       vision and offender control services to the juvenile justice authority and
17       the person with whom the offender is engaging in consensual sexual in-
18       tercourse, lewd fondling or touching, or sodomy is 16 years of age or
19       older and (A) released on conditional release from a juvenile correctional
20       facility under the direct supervision and control of the offender or (B)
21       placed in the custody of the juvenile justice authority under the direct
22       supervision and control of the offender.
23             (b) For purposes of this act:
24             (1) "Correctional institution" means the same as prescribed by K.S.A.
25       75-5202, and amendments thereto;
26             (2) "inmate" means the same as prescribed by K.S.A. 75-5202, and
27       amendments thereto;
28             (3) "parole officer" means the same as prescribed by K.S.A. 75-5202,
29       and amendments thereto; and
30             (4) "postrelease supervision" means the same as prescribed in the
31       Kansas sentencing guidelines act in K.S.A. 21-4703.;
32             (5) "juvenile detention facility" means the same as prescribed by
33       K.S.A. 38-1602, and amendments thereto;
34             (6) "juvenile correctional facility" means the same as prescribed by
35       K.S.A. 38-1602, and amendments thereto;
36             (7) "sanctions house" means the same as prescribed by K.S.A. 38-
37       1602, and amendments thereto.
38             (c) Unlawful sexual relations is a severity level 10 person felony.
39             Sec.  3. K.S.A. 1998 Supp. 21-3810 is hereby amended to read as
40       follows: 21-3810. Aggravated escape from custody is:
41             (a) Escaping while held in lawful custody (1) upon a charge or con-
42       viction of a felony or (2) upon a charge or adjudication as a juvenile
43       offender as defined in K.S.A. 38-1602, and amendments thereto, where

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  1       the act, if committed by an adult, would constitute a felony, or (3) prior
  2       to or upon a finding of probable cause for evaluation as a sexually violent
  3       predator as provided in K.S.A. 59-29a05 and amendments thereto, or (4)
  4       upon commitment to a treatment facility as a sexually violent predator as
  5       provided pursuant to K.S.A. 59-29a01 et seq. and amendments thereto
  6       or (5) upon a commitment to the state security hospital as provided in
  7       K.S.A. 22-3428 and amendments thereto based on a finding that the per-
  8       son committed an act constituting a felony; or (6) by a person 18 years of
  9       age or over who is being held in lawful custody on an adjudication of a
10       felony or (7) upon incarceration at a state correctional institution
11       as defined in K.S.A. 75-5207 and amendments thereto, while in the
12       custody of the secretary of corrections; or
13             (b) Escaping effected or facilitated by the use of violence or the threat
14       of violence against any person while held in lawful custody (1) on a charge
15       or conviction of any crime or (2) on a charge or adjudication as a juvenile
16       offender as defined in K.S.A. 38-1602, and amendments thereto, where
17       the act, if committed by an adult, would constitute a felony, or (3) prior
18       to or upon a finding of probable cause for evaluation as a sexually violent
19       predator as provided in K.S.A. 59-29a05 and amendments thereto, or (4)
20       upon commitment to a treatment facility as a sexually violent predator as
21       provided in K.S.A. 59-29a01 et seq. and amendments thereto or (5) upon
22       a commitment to the state security hospital as provided in K.S.A. 22-3428
23       and amendments thereto based on a finding that the person committed
24       an act constituting any crime or (6) by a person 18 years of age or over
25       who is being held in lawful custody or on a charge or adjudication of a
26       misdemeanor or felony when such escape is effected or facilitated by the
27       use of violence or the threat of violence against any person or (7) upon
28       incarceration at a state correctional institution as defined in K.S.A.
29       75-5207 and amendments thereto, while in the custody of the sec-
30       retary of corrections.
31             (c)  (1) Aggravated escape from custody as described in subsection
32       (a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) is a severity level 8, nonperson felony.
33             (2) Aggravated escape from custody as described in subsection (a)(2)
34       or (a)(7) is a severity level 5, nonperson felony.
35             (2) (3) Aggravated escape from custody as described in subsection
36       (b)(1), (b)(3), (b)(4), (b)(5) or (b)(6) is a severity level 6, person felony.
37             (4) Aggravated escape from custody as described in subsection (b)(2)
38       or (b)(7) is a severity level 5, person felony.
39             Sec.  4. K.S.A. 1998 Supp. 38-1602 is hereby amended to read as
40       follows: 38-1602. As used in this code, unless the context otherwise
41       requires:
42             (a) "Juvenile" means a person 10 or more years of age but less than
43       18 years of age.

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  1             (b) "Juvenile offender" means a person who does an act commits an
  2       offense while a juvenile which if done committed by an adult would con-
  3       stitute the commission of a felony or misdemeanor as defined by K.S.A.
  4       21-3105 and amendments thereto or who violates the provisions of K.S.A.
  5       21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
  6       amendments thereto, but does not include:
  7             (1) A person 14 or more years of age who commits a traffic offense,
  8       as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;
  9             (2) a person 16 years of age or over who commits an offense defined
10       in chapter 32 of the Kansas Statutes Annotated;
11             (3) a person whose prosecution as an adult is authorized pursuant to
12       K.S.A. 38-1636 and amendments thereto and whose prosecution results
13       in the conviction of an adult crime; or
14             (4) a person who has been found to be an extended jurisdiction ju-
15       venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
16       thereto, and whose stay of adult sentence execution has been revoked
17       under 18 years of age who previously has been:
18             (A) Convicted as an adult under the Kansas code of criminal
19       procedure;
20             (B) sentenced as an adult under the Kansas code of criminal proce-
21       dure following termination of status as an extended jurisdiction juvenile
22       pursuant to K.S.A. 38-16,126, and amendments thereto; or
23             (C) convicted or sentenced as an adult in another state or foreign
24       jurisdiction under substantially similar procedures described in K.S.A. 38-
25       1636, and amendments thereto, or because of attaining the age of majority
26       designated in that state or jurisdiction.
27             (c) "Parent," when used in relation to a juvenile or a juvenile of-
28       fender, includes a guardian, conservator and every person who is by law
29       liable to maintain, care for or support the juvenile.
30             (d) "Law enforcement officer" means any person who by virtue of
31       that person's office or public employment is vested by law with a duty to
32       maintain public order or to make arrests for crimes, whether that duty
33       extends to all crimes or is limited to specific crimes.
34             (e) "Youth residential facility" means any home, foster home or struc-
35       ture which provides twenty-four-hour-a-day care for juveniles and which
36       is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
37       Annotated.
38             (f) "Juvenile detention facility" means any secure public or private
39       facility which is used for the lawful custody of accused or adjudicated
40       juvenile offenders and which must shall not be a jail.
41             (g) "Juvenile correctional facility" means a facility operated by the
42       commissioner for juvenile offenders.
43             (h) "Warrant" means a written order by a judge of the court directed

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  1       to any law enforcement officer commanding the officer to take into cus-
  2       tody the juvenile named or described therein.
  3             (i) "Commissioner" means the commissioner of juvenile justice.
  4             (j) "Jail" means:
  5             (1) An adult jail or lockup; or
  6             (2) a facility in the same building as an adult jail or lockup, unless the
  7       facility meets all applicable licensure requirements under law and there
  8       is (A) total separation of the juvenile and adult facility spatial areas such
  9       that there could be no haphazard or accidental contact between juvenile
10       and adult residents in the respective facilities; (B) total separation in all
11       juvenile and adult program activities within the facilities, including rec-
12       reation, education, counseling, health care, dining, sleeping, and general
13       living activities; and (C) separate juvenile and adult staff, including man-
14       agement, security staff and direct care staff such as recreational, educa-
15       tional and counseling.
16             (k) "Court-appointed special advocate" means a responsible adult,
17       other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
18       ments thereto, who is appointed by the court to represent the best inter-
19       ests of a child, as provided in K.S.A. 1998 Supp. 38-1606a, and amend-
20       ments thereto, in a proceeding pursuant to this code.
21             (l) "Juvenile intake and assessment worker" means a responsible
22       adult authorized to perform intake and assessment services as part of the
23       intake and assessment system established pursuant to K.S.A. 76-3202 75-
24       7023, and amendments thereto.
25             (m) "Institution" means the following institutions: The Atchison ju-
26       venile correctional facility, the Beloit juvenile correctional facility, the
27       Larned juvenile correctional facility and the Topeka juvenile correctional
28       facility.
29             (n) "Sanction Sanctions house" means a facility which is operated or
30       structured so as to ensure that all entrances and exits from the facility are
31       under the exclusive control of the staff of the facility, whether or not the
32       person being detained has freedom of movement within the perimeters
33       of the facility, or which relies on locked rooms and buildings, fences, or
34       physical restraint in order to control the behavior of its residents. Upon
35       an order from the court, a licensed juvenile detention facility may serve
36       as a sanction sanctions house. A sanction sanctions house may be physi-
37       cally connected physically to a nonsecure shelter facility provided the
38       sanction sanctions house is not a licensed juvenile detention facility.
39             (o) "Sentencing risk assessment tool" means an instrument adminis-
40       tered to juvenile offenders which delivers a score, or group of scores,
41       describing, but not limited to describing, the juvenile's potential risk to
42       the community.
43             (p) "Extended out of home placement" means a child juvenile has

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  1       been in the custody of the commissioner and placed with neither parent
  2       for 15 of the most recent 22 months beginning 60 days after the date at
  3       which a child juvenile in the custody of the commissioner was first re-
  4       moved from the home.
  5             (q) "Permanency hearing" means a notice and opportunity to be
  6       heard is provided to parents, foster parents, preadoptive parents or, rel-
  7       atives providing care for the child juvenile, and other interested par-
  8       ties. The court, after consideration of the evidence, shall determine
  9       whether reintegration into a parental home is a viable alternative. If re-
10       integration is a viable alternative the court shall set a date for the juvenile
11       to return home. If reintegration is not a viable alternative, the court shall
12       determine if there is a compelling reason why neither adoption nor per-
13       manent guardianship are in the best interest of the juvenile.
14             (p) (r) "Educational institution" means all schools at the elementary
15       and secondary levels.
16             (q) (s) "Educator" means any administrator, teacher or other profes-
17       sional or paraprofessional employee of an educational institution who has
18       exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
19       1998 Supp. 72-89b03 and amendments thereto.
20             Sec.  5. K.S.A. 1998 Supp. 38-1604 is hereby amended to read as
21       follows: 38-1604. (a) Except as provided in K.S.A. 38-1636, and amend-
22       ments thereto, proceedings concerning a juvenile who appears to be a
23       juvenile offender shall be governed by the provisions of this code.
24             (b) The district court shall have original jurisdiction to receive and
25       determine proceedings under this code.
26             (c) When jurisdiction is acquired by the district court over an alleged
27       juvenile offender it may continue until: (1) Sixty days after sentencing, if
28       the juvenile is committed directly to a juvenile correctional facility; (2)
29       the juvenile has attained the age of 23 years, if committed to the custody
30       of the commissioner pursuant to subsection (c) of K.S.A. 38-1665, and
31       amendments thereto, unless an adult sentence is imposed pursuant to an
32       extended jurisdiction juvenile prosecution. If such adult sentence is im-
33       posed, jurisdiction shall continue until discharged by the court or other
34       process for the adult sentence; (3) the juvenile has been discharged by
35       the court; or (4) the juvenile has been discharged under the provisions of
36       K.S.A. 38-1675, and amendments thereto.
37             (d) Effective July 1, 1999, if a juvenile is adjudicated a juvenile of-
38       fender and has previously been adjudicated a child in need of care, the
39       Kansas juvenile justice code shall apply to such juvenile and the Kansas
40       code for care of children shall suspend during the time of jurisdiction
41       pursuant to the Kansas juvenile justice code, except that the Kansas code
42       for care of children shall apply when necessary to carry out the provisions
43       of subsection (d) of K.S.A. 38-1664, and amendments thereto. Prior to July

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  1       1, 1999, the court may apply the provisions of either code to a juvenile
  2       adjudicated under both codes. Nothing in this subsection shall preclude
  3       such juvenile offender from accessing services provided by the depart-
  4       ment of social and rehabilitation services or any other state agency if such
  5       juvenile is eligible for such services.
  6             (e) The provisions of this code shall govern with respect to offenses
  7       committed on or after July 1, 1997.
  8             Sec.  6. K.S.A. 1998 Supp. 38-1664 is hereby amended to read as
  9       follows: 38-1664. (a) Prior to placing a juvenile offender in the custody
10       of the commissioner and recommending out-of-home placement, the
11       court shall consider and determine that, where consistent with the need
12       for protection of the community:
13             (1) Reasonable efforts have been made to prevent or eliminate the
14       need for out-of-home placement or reasonable efforts are not possible
15       due to an emergency threatening the safety of the juvenile offender or
16       the community; and
17             (2) out-of-home placement is in the best interests of the juvenile
18       offender.
19             (b) When a juvenile offender has been placed in the custody of the
20       commissioner, the commissioner shall notify the court in writing of the
21       initial placement of the juvenile offender as soon as the placement has
22       been accomplished. The court shall have no power to direct a specific
23       placement by the commissioner, but may make recommendations to the
24       commissioner. The commissioner may place the juvenile offender in an
25       institution operated by the commissioner, a youth residential facility or a
26       community mental health center. If the court has recommended an out-
27       of-home placement, the commissioner may not return the juvenile of-
28       fender to the home from which removed without first notifying the court
29       of the plan.
30             (c) During the time a juvenile offender remains in the custody of the
31       commissioner, the commissioner shall report to the court at least each six
32       months as to the current living arrangement and social and mental de-
33       velopment of the juvenile offender.
34             (d) If the juvenile offender is placed outside the juvenile offender's
35       home, a permanency hearing shall be held not more than 18 12 months
36       after the juvenile offender is placed outside the juvenile offender's home
37       and, if reintegration is a viable alternative, every 12 months thereafter.
38       The court may appoint a guardian ad litem to represent the juve-
39       nile offender at the permanency hearing. Juvenile offenders who have
40       been in extended out of home placement shall be provided a permanency
41       hearing within 30 days of a request from the commissioner. If reintegra-
42       tion is not a viable alternative and either adoption or permanent guard-
43       ianship might be in the best interests of the juvenile offender the county

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  1       or district attorney shall file a petition alleging the juvenile is a child in
  2       need of care and requesting termination of parental rights or the appoint-
  3       ment of a permanent guardian pursuant to the Kansas code for care of
  4       children. If the juvenile offender is placed in foster care, the foster parent
  5       or parents shall submit to the court, at least every six months, a report in
  6       regard to the juvenile offender's adjustment, progress and condition. The
  7       juvenile justice authority shall notify the foster parent or parents of the
  8       foster parents' or parent's duty to submit such report, on a form provided
  9       by the juvenile justice authority, at least two weeks prior to the date when
10       the report is due, and the name of the judge and the address of the court
11       to which the report is to be submitted. Such report shall be confidential
12       and shall only be reviewed by the court and the child's attorney.
13             (d) The report made by foster parents and provided by the commis-
14       sioner of juvenile justice, pursuant to this section, shall be in substantially
15       the following form:
16      
REPORT FROM FOSTER PARENTS
17      
CONFIDENTIAL
18      
19      
Child's Name
Current Address
20      
21      
Parent's Name
Foster Parents
22      
23      

Primary Social Worker
24           Please circle the word which best describes the child's progress
25       1. Child's adjustment in the home
26             excellent         good         satisfactory         needs improvement
27       2. Child's interaction with foster parents and family members
28             excellent         good         satisfactory         needs improvement
29       3. Child's interaction with others
30             excellent         good         satisfactory         needs improvement
31       4. Child's respect for property
32             excellent         good         satisfactory         needs improvement
33       5. Physical and emotional condition of the child
34             excellent         good         satisfactory         needs improvement
35       6. Social worker's interaction with the child and foster family
36             excellent         good         satisfactory         needs improvement
37       7. School status of child:
38      
39      

School

Grade
40       GradesGood
Fair
Poor
41       AttendanceGood
Fair
Poor
42       BehaviorGood
Fair
Poor
43       8. If visitation with parents has occurred, describe the frequency of visits, with whom,

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  1       supervised or unsupervised, and any significant events which have occurred.
  2      

  3      

  4       9. Your opinion regarding the overall adjustment, progress and condition of the child:
  5      

  6      

  7       10. Do you have any special concerns or comments with regard to the child not addressed
  8       by this form? Please specify.

  9      

10      

11      

12      

13      

14             Sec.  7. K.S.A. 1998 Supp. 38-1681 is hereby amended to read as
15       follows: 38-1681. (a) Order authorizing prosecution as an adult or ex-
16       tended jurisdiction juvenile prosecution. (1) Unless the respondent has
17       consented to the order, an appeal may be taken by a respondent from an
18       order authorizing prosecution as an adult. The appeal shall be taken only
19       after conviction and in the same manner as other criminal appeals, except
20       that (A) where the criminal prosecution has resulted in a judgment of
21       conviction upon a plea of guilty or nolo contendere, an appeal may be
22       taken from the order authorizing prosecution pursuant to K.S.A. 38-1636,
23       and amendments thereto, notwithstanding the provisions of subsection
24       (a) of K.S.A. 22-3602 and amendments thereto, and (B) if the criminal
25       prosecution results in an acquittal, an appeal may nevertheless be taken
26       from the order authorizing prosecution pursuant to K.S.A. 38-1636, and
27       amendments thereto, if the order provides that it attaches to future acts
28       by the respondent as authorized by subsection (h) of K.S.A. 38-1636, and
29       amendments thereto.
30             (2) If on appeal the order authorizing prosecution as an adult is re-
31       versed but the finding of guilty is affirmed or the conviction was based
32       on a plea of guilty or nolo contendere, the respondent shall be deemed
33       adjudicated to be a juvenile offender. On remand the district court shall
34       proceed with sentencing.
35             (b) Orders of adjudgment and sentencing. An appeal may be taken
36       by a respondent from an order of such respondent being adjudged to be
37       a juvenile offender or sentencing, or both. The appeal shall be taken after,
38       but within 10 days of, the entry of the sentence.
39             (c) A departure sentence is subject to appeal by the defendant. The
40       appeal shall be to the appellate courts in accordance with rules adopted
41       by the supreme court.
42             (1) Pending review of the sentence, the sentencing court or the ap-
43       pellate court may order the defendant confined or placed on conditional

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  1       release, including bond.
  2             (2) On appeal from a judgment or conviction entered for an offense
  3       committed on or after July 1, 1999, the appellate court shall not review:
  4             (A) Any sentence that is within the presumptive sentence for the
  5       crime; or
  6             (B) any sentence resulting from an agreement between the state and
  7       the defendant which the sentencing court approves on the record.
  8             (3) In any appeal from a judgment of conviction imposing a sentence
  9       that departs from the presumptive sentence, sentence review shall be lim-
10       ited to whether the sentencing court's findings of fact and reasons justi-
11       fying a departure:
12             (A) Are supported by the evidence in the record; and
13             (B) constitute substantial and compelling reasons for departure.
14             (4) In any appeal, the appellate court may review a claim that:
15             (A) A sentence that departs from the presumptive sentence resulted
16       from partiality, prejudice, oppression or corrupt motive; (B) the sen-
17       tencing court erred in either including or excluding recognition of prior
18       convictions or adjudications; or
19             (C) the sentencing court erred in ranking the crime severity level of
20       the current crime or in determining the appropriate classification of a
21       prior conviction or juvenile adjudication for criminal history purposes.
22             (5) The appellate court may reverse or affirm the sentence. If the
23       appellate court concludes that the trial court's factual findings are not
24       supported by evidence in the record or do not establish substantial and
25       compelling reasons for a departure, it shall remand the case to the trial
26       court for resentencing.
27             (6) The appellate court shall issue a written opinion whenever the
28       judgment of the sentencing court is reversed. The court may issue a writ-
29       ten opinion in any other case when it is believed that a written opinion
30       will provide guidance to sentencing judges and others in implementing
31       the placement. The appellate courts may provide by rule for summary
32       disposition of cases arising under this section when no substantial question
33       is presented by the appeal.
34             (7) A review under summary disposition shall be made solely upon
35       the record that was before the sentencing court. Written briefs shall not
36       be required unless ordered by the appellate court and the review and
37       decision shall be made in an expedited manner according to rules adopted
38       by the supreme court.
39             (c) (d) Priority. Appeals under this section shall have priority over
40       other cases except those having statutory priority.
41             Sec.  8. K.S.A. 1998 Supp. 38-16,129 is hereby amended to read as
42       follows: 38-16,129. On and after July 1, 1999 2000: (a) For the purpose
43       of sentencing committing juvenile offenders to a juvenile correctional fa-

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  1       cility, the following placements may shall be applied by the judge in
  2       felony or misdemeanor cases for offenses committed on or after July 1,
  3       1999 2000. If used, The court shall establish a specific term of commit-
  4       ment as specified in this subsection, unless the judge conducts a departure
  5       hearing and finds substantial and compelling reasons to impose a depar-
  6       ture sentence as provided in section 9.
  7             (1) Violent Offenders. (A) The violent offender I is defined as an
  8       offender adjudicated as a juvenile offender for an offense which, if com-
  9       mitted by an adult, would constitute an off-grid felony. Offenders in this
10       category may be committed to a juvenile correctional facility for a mini-
11       mum term of 60 months and up to a maximum term of the offender
12       reaching the age of 22 years, six months. The aftercare term for this
13       offender is set at a minimum term of six months and up to a maximum
14       term of the offender reaching the age of 23 years.
15             (B) The violent offender II is defined as an offender adjudicated as
16       a juvenile offender for an offense which, if committed by an adult, would
17       constitute a nondrug level 1, 2 or 3 felony. Offenders in this category may
18       be committed to a juvenile correctional facility for a minimum term of
19       24 months and up to a maximum term of the offender reaching the age
20       22 years, six months. The aftercare term for this offender is set at a min-
21       imum term of six months and up to a maximum term of the offender
22       reaching the of age 23 years.
23             (2) Serious Offenders. (A) The serious offender I is defined as an
24       offender adjudicated as a juvenile offender for an offense which, if com-
25       mitted by an adult, would constitute a nondrug severity level 4, 5 or 6
26       person felony or a severity level 1 or 2 drug felony. Offenders in this
27       category may be committed to a juvenile correctional facility for a mini-
28       mum term of 18 months and up to a maximum term of 36 months. The
29       aftercare term for this offender is set at a minimum term of six months
30       and up to a maximum term of 24 months.
31             (B) The serious offender II is defined as an offender adjudicated as
32       a juvenile offender for an offense which, if committed by an adult, would
33       constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
34       prior felony adjudication. Offenders in this category may be committed
35       to a juvenile correctional facility for a minimum term of nine months and
36       up to a maximum term of 18 months. The aftercare term for this offender
37       is set at a minimum term of six months and up to a maximum term of 24
38       months.
39             (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
40       defined as an offender adjudicated as a juvenile offender for an offense
41       which, if committed by an adult, would constitute:
42             (i) One present nonperson felony adjudication and two prior felony
43       adjudications; or

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

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  1       offender is set at a minimum term of two months and up to a maximum
  2       term of six months, or the maximum term of the original aftercare term,
  3       whichever is longer.
  4             (b) As used in this section: (1) "Placement failure" means a juvenile
  5       offender has been placed out-of-home on probation in a community
  6       placement accredited by the commissioner in a juvenile offender case
  7       and the offender has violated significantly the terms of probation in that
  8       case.
  9             (2) "Adjudication" includes out-of-state juvenile adjudications. An
10       out-of-state offense which if committed by an adult would constitute the
11       commission of a felony or misdemeanor shall be classified as either a
12       felony or a misdemeanor according to the adjudicating jurisdiction. If an
13       offense which if committed by an adult would constitute the commission
14       of a felony is a felony in another state, it will be deemed a felony in Kansas.
15       The state of Kansas shall classify the offense, which if committed by an
16       adult would constitute the commission of a felony or misdemeanor, as
17       person or nonperson. In designating such offense as person or nonperson,
18       reference to comparable offenses shall be made. If the state of Kansas
19       does not have a comparable offense, the out-of-state adjudication shall
20       be classified as a nonperson offense.
21             (c) All appropriate community placement options shall have been ex-
22       hausted before a chronic offender III, escalating misdemeanant shall be
23       placed in a juvenile correctional facility. A court finding shall be made
24       acknowledging that appropriate community placement options have been
25       pursued and no such option is appropriate.
26             (d) The commissioner shall work with the community to provide on-
27       going support and incentives for the development of additional commu-
28       nity placements to ensure that the chronic offender III, escalating mis-
29       demeanant sentencing category is not frequently utilized.
30             New Sec.  9. (a) (1) Whenever a person is adjudicated as a juvenile
31       offender, the court upon motion of the state, shall hold a hearing to
32       consider imposition of a departure sentence. The motion shall state that
33       a departure is sought and the reasons and factors relied upon. The hearing
34       shall be scheduled so that the parties have adequate time to prepare and
35       present arguments regarding the issues of departure sentencing. The vic-
36       tim of a crime or the victim's family shall be notified of the right to be
37       present at the hearing for the convicted person by the county or district
38       attorney. The parties may submit written arguments to the court prior to
39       the date of the hearing and may make oral arguments before the court
40       at the hearing. The court shall review the victim impact statement, if
41       available. Prior to the hearing, the court shall transmit to the defendant
42       or the defendant's attorney and the prosecuting attorney copies of the
43       predispositional investigation report.

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15

  1             (2) At the conclusion of the hearing or within 20 days thereafter, the
  2       court shall issue findings of fact and conclusions of law regarding the
  3       issues submitted by the parties, and shall enter an appropriate order.
  4             (3) If a factual aspect of a crime is a statutory element of the crime
  5       or is used to determine crime severity, that aspect of the current crime
  6       of conviction may be used as an aggravating factor only if the criminal
  7       conduct constitution constituting that aspect of the current crime of
  8       conviction is significantly different from the usual criminal conduct cap-
  9       tured by the aspect of the crime. Subject to this provision, the nonexclu-
10       sive lists of aggravating factors provided in subsection (b)(2) of K.S.A. 21-
11       4716, and amendments thereto, and in subsection (s) (a) of K.S.A.
12       21-4717, and amendments thereto, may be considered in determining
13       whether substantial and compelling reasons exist.
14             (b) If the court decides to depart on its own volition, without a motion
15       from the state, the court must notify all parties of its intent and allow
16       reasonable time for either party to respond if they request. The notice
17       shall state that a departure is intended by the court and the reasons and
18       factors relied upon.
19             (c) In each case in which the court imposes a sentence that deviates
20       from the presumptive sentence, the court shall make findings of fact as
21       to the reasons for departure regardless of whether a hearing is requested.
22             (d) If the sentencing judge departs from the presumptive sentence,
23       the judge shall state on the record at the time of sentencing the substantial
24       and compelling reasons for the departure. When a departure sentence is
25       appropriate, the sentencing judge may depart from the matrix as provided
26       in this section. When a sentencing judge departs in setting the duration
27       of a presumptive term of imprisonment:
28             (1) The presumptive term of imprisonment set in such departure
29       shall not total more than double the maximum duration of the presump-
30       tive imprisonment term;
31             (2) the court shall have no authority to reduce the minimum term of
32       confinement as defined within the sentencing matrix; and
33             (3) the maximum term for commitment of any juvenile offender to a
34       juvenile correctional facility is age 22 years, 6 months.
35             (e) A departure sentence may be appealed as provided in K.S.A. 38-
36       1681, and amendments thereto.
37             Sec.  10. K.S.A. 76-172 is hereby amended to read as follows: 76-172.
38       As used in this act unless the context otherwise requires, "institution"
39       means the institutions within the department of social and rehabilitation
40       services, the institutions within the department of corrections, the insti-
41       tution within the department of human resources, the institutions within
42       the juvenile justice authority, the Kansas state school for blind and the
43       Kansas state school for the deaf.

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16

  1             Sec.  11. K.S.A. 79-4803 is hereby amended to read as follows: 79-
  2       4803. (a) (1) An amount equal to 10% of all moneys credited to the state
  3       gaming revenues fund shall be transferred and credited to the correc-
  4       tional institutions building fund created pursuant to K.S.A. 76-6b09 and
  5       amendments thereto, to be appropriated by the legislature for the use
  6       and benefit of state correctional institutions as provided in K.S.A. 76-
  7       6b09 and amendments thereto; and
  8             (2) an amount equal to 5% of all moneys credited to the state gaming
  9       revenues fund shall be transferred and credited to the juvenile detention
10       facilities fund.
11             (b) There is hereby created in the state treasury the juvenile deten-
12       tion facilities fund which shall be administered by the commissioner of
13       juvenile justice as approved by the Kansas advisory group on juvenile
14       justice and delinquency prevention. All expenditures from the juvenile
15       detention facilities fund shall be for the retirement of debt of facilities
16       for the detention of juveniles; or for the construction, renovation, remod-
17       eling or operational costs of facilities for the detention of juveniles in
18       accordance with a grant program which shall be established with grant
19       criteria designed to facilitate the expeditious award and payment of grants
20       for the purposes for which the moneys are intended. "Operational costs"
21       shall not be limited to any per capita reimbursement by the commissioner
22       of juvenile justice for juveniles under the supervision and custody of the
23       commissioner but shall include payments to counties as and for their costs
24       of operating the facility. The commissioner of juvenile justice shall make
25       grants of the moneys credited to the juvenile detention facilities fund for
26       such purposes to counties in accordance with such grant program. All
27       expenditures from the juvenile detention facilities fund shall be made in
28       accordance with appropriation acts upon warrants of the director of ac-
29       counts and reports issued pursuant to vouchers approved by the com-
30       missioner of juvenile justice or the commissioner's designee.
31        Sec.  12. K.S.A. 21-3520, 76-172 and 79-4803 and K.S.A. 1998 Supp.
32       21-3413, 21-3810, 38-1602, 38-1602a, 38-1604, 38-1664, 38-1681 and 38-
33       16,129 are hereby repealed.
34             Sec.  11. K.S.A. 1998 Supp. 38-16,130 is hereby amended to
35       read as follows: 38-16,130. On and after July 1, 1999:
36             (a) For purposes of determining release of a juvenile offender
37       for an offense committed on or after July 1, 1999, a system shall
38       be developed whereby good behavior by juvenile offenders is the
39       expected norm and negative behavior will be punished.
40             (b) The commissioner of juvenile justice is hereby authorized
41       to adopt rules and regulations to carry out the provisions of this
42       section regarding good time calculations. Such rules and regula-
43       tions shall provide circumstances upon which a juvenile offender

HB 2207--Am.

17

  1       may earn good time credits through participation in programs
  2       which may include, but not be limited to, education programs,
  3       work participation, treatment programs, vocational programs, ac-
  4       tivities and behavior modification. Such good time credits may also
  5       include the juvenile offender's willingness to examine and confront
  6       the past behavior patterns that resulted in the commission of the
  7       juvenile's offense.
  8             (c) On and after July 1, 2000, if the placement sentence estab-
  9       lished in K.S.A. 1998 Supp. 38-16,129, and amendments thereto,
10       is used by the court, the juvenile offender shall serve no less than
11       the minimum term authorized under the specific category of such
12       placement sentence.
13             Sec.  12. K.S.A. 1998 Supp. 38-16,131 is hereby amended to
14       read as follows: 38-16,131. On and after July 1, 1999 2000:
15             (a) The commissioner of juvenile justice may petition the court
16       to modify the placement sentence established in K.S.A. 1998 Supp.
17       38-16,129, and amendments thereto, after a juvenile offender has
18       served the minimum term indicated by the placement sentence,
19       based upon program completion, positive behavior modification
20       and progress made.
21             (b) If the court grants the modification, the sentence shall be
22       shortened, and the term of aftercare that was pronounced at sen-
23       tencing shall commence.
24             (c) If the court does not grant the modification, the juvenile's
25       attorney may petition for modification and a formal hearing shall
26       be granted.
27             (d) The aftercare supervisor may petition the court for early
28       discharge, extension or revocation from conditional release or af-
29       tercare.
30             Sec.  13. K.S.A. 1998 Supp. 38-1663 is hereby amended to read
31       as follows: 38-1663. (a) When a respondent has been adjudicated
32       to be a juvenile offender, the judge may select from the following
33       alternatives:
34             (1) Place the juvenile offender on probation for a fixed period,
35       subject to the terms and conditions the court deems appropriate
36       based on the juvenile justice programs in the community, including a
37       requirement of making restitution as required by subsection (d).
38             (2) Place the juvenile offender in the custody of a parent or
39       other suitable person, subject to the terms and conditions the court
40       orders based on the juvenile justice program in the community, includ-
41       ing a requirement of making restitution as required by subsection
42       (d).
43             (3) Place the juvenile offender in the custody of a youth resi-

HB 2207--Am.

18

  1       dential facility or, in the case of a chronic runaway youth, place the
  2       youth in a secure facility, subject to the terms and conditions the
  3       court orders.
  4             (4) Place the juvenile offender in the custody of the commis-
  5       sioner.
  6             (5) Commit the juvenile offender to a sanctions house for a
  7       period no longer than seven days. Following such period, the court
  8       shall review the placement. The court may continue to recommit
  9       the juvenile offender to a sanctions house for a period no longer
10       than seven days followed by a court review. Commitment to a sanc-
11       tions house shall not exceed 28 consecutive days. An offender over
12       18 years of age or less than 23 years of age at sentencing may be
13       committed to a county jail, in lieu of a sanctions house, under the
14       same time restrictions imposed by this paragraph. No offender
15       may be committed under this paragraph unless such offender has
16       violated the terms of probation.
17             (6) Commit the juvenile offender to a community based pro-
18       gram available in such judicial district subject to the terms and
19       conditions the court orders.
20             (7) Impose any appropriate combination of paragraphs (1)
21       through (6) of this subsection and make other orders directed to
22       the juvenile offender as the court deems appropriate.
23             (8) Commit the juvenile offender to a juvenile correctional fa-
24       cility if the juvenile offender:
25             (A)  Previously has been adjudicated as a juvenile offender under this
26       code or under the Kansas juvenile offender code as it existed prior to July
27       1, 1997, for an offense which, if committed by an adult, would constitute
28       a felony, a class A misdemeanor, a class B person or nonperson select
29       misdemeanor or a class C person misdemeanor; or
30             (B) has been adjudicated a juvenile offender as a result of having
31       committed an offense which, if committed by a person 18 years of age or
32       over, would constitute a class A, B or C felony as defined by the Kansas
33       criminal code or, if done on or after July 1, 1993, would constitute an off-
34       grid crime or a nondrug crime ranked in severity level 1 through 5 or a
35       drug crime ranked in severity level 1 through 3 as provided by the place-
36       ment matrix established in K.S.A. 1998 Supp. 38-16,129, and amendments
37       thereto.
38             (9) Place the juvenile offender under a house arrest program
39       administered by the court pursuant to K.S.A. 21-4603b, and
40       amendments thereto.
41             (b)  (1) In addition to any other order authorized by this sec-
42       tion, the court may order the: (A) Juvenile offender and the parents
43       of the juvenile offender to:

HB 2207--Am.

19

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

HB 2207--Am.

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

HB 2207--Am.

21

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

HB 2207--Am.

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  1             (2) The amount of the fine should be related directly to the
  2       seriousness of the juvenile offender's offense and the juvenile of-
  3       fender's ability to pay.
  4             (3) Payment of a fine may be required in a lump sum or in-
  5       stallments.
  6             (4) Imposition of a restitution order is preferable to imposition
  7       of a fine.
  8             (5) The juvenile offender's duty of payment should be limited
  9       in duration and in no event should the time necessary for payment
10       exceed the maximum term which would be authorized if the of-
11       fense had been committed by an adult.
12             (f) In addition to or in lieu of any other order authorized by
13       this section, if a juvenile is adjudicated to be a juvenile offender
14       by reason of a violation of K.S.A. 41-719, 41-727, 65-4101 through
15       65-4164 or K.S.A. 1998 Supp. 8-1599, and amendments thereto,
16       the court shall order the juvenile offender to submit to and com-
17       plete an alcohol and drug evaluation by a community-based alco-
18       hol and drug safety action program certified pursuant to K.S.A. 8-
19       1008, and amendments thereto, and to pay a fee not to exceed the
20       fee established by that statute for such evaluation. The court may
21       waive such evaluation if the court finds that the juvenile offender
22       has completed successfully an alcohol and drug evaluation, ap-
23       proved by the community-based alcohol and drug safety action
24       program, within 12 months before sentencing. If such evaluation
25       occurred more than 12 months before sentencing, the court shall
26       order the juvenile offender to resubmit to and complete such eval-
27       uation and program as provided herein. If the court finds that the
28       juvenile offender and those legally liable for the offender's support
29       are indigent, the fee may be waived. In no event shall the fee be
30       assessed against the commissioner or the juvenile justice authority.
31       The court may require the parent or guardian of the juvenile of-
32       fender to attend such program with the juvenile offender.
33             (g) The board of county commissioners of a county may pro-
34       vide by resolution that the parents or guardians of any juvenile
35       offender placed under a house arrest program pursuant to sub-
36       section (a)(9) shall be required to pay to the county the cost of such
37       house arrest program. The board of county commissioners shall
38       prepare a sliding financial scale based on the ability of the parents
39       to pay for such a program.
40             (h) In addition to any other order authorized by this section, if
41       child support has been requested and the parent or parents have
42       a duty to support the respondent the court may order, and when
43       custody is placed with the commissioner shall order, one or both

HB 2207--Am.

23

  1       parents to pay child support. The court shall determine, for each
  2       parent separately, whether the parent already is subject to an or-
  3       der to pay support for the respondent. If the parent currently is
  4       not ordered to pay support for the respondent and the court has
  5       personal jurisdiction over the parent, the court shall order the par-
  6       ent to pay child support in an amount determined under K.S.A.
  7       38-16,117, and amendments thereto. Except for good cause shown,
  8       the court shall issue an immediate income withholding order pur-
  9       suant to K.S.A. 23-4,105 et seq., and amendments thereto, for each
10       parent ordered to pay support under this subsection, regardless of
11       whether a payor has been identified for the parent. A parent or-
12       dered to pay child support under this subsection shall be notified,
13       at the hearing or otherwise, that the child support order may be
14       registered pursuant to K.S.A. 38-16,119, and amendments thereto.
15       The parent also shall be informed that, after registration, the in-
16       come withholding order may be served on the parent's employer
17       without further notice to the parent and the child support order
18       may be enforced by any method allowed by law. Failure to provide
19       this notice shall not affect the validity of the child support order.
20             (i) Any order issued by the judge pursuant to this section shall
21       be in effect immediately upon entry into the court's journal.
22             (j) In addition to the requirements of K.S.A. 38-1671, and
23       amendments thereto, if a person is under 18 years of age and con-
24       victed of a felony or adjudicated as a juvenile offender for an of-
25       fense if committed by an adult would constitute the commission of
26       a felony, the court shall forward a signed copy of the journal entry
27       to the commissioner within 30 days of final disposition.
28             (k) The sentencing hearing shall be open to the public as pro-
29       vided in K.S.A. 38-1652, and amendments thereto.
30             New Sec.  14. (a) The Kansas youth authority established by
31       K.S.A. 75-7008 prior to amendment by this act hereby is abolished.
32             (b) All of the powers, duties and functions of the Kansas youth
33       authority are hereby transferred to and conferred and imposed
34       upon the Kansas advisory group on juvenile justice and delin-
35       quency prevention.
36             (c) The Kansas advisory group on juvenile justice and delin-
37       quency prevention shall be the successor in every way to the pow-
38       ers, duties and functions of the Kansas youth authority in which
39       the same were vested prior to the effective date of this act. Every
40       act performed in the exercise of such powers, duties and functions
41       by or under the authority of the Kansas advisory group on juvenile
42       justice and delinquency prevention shall be deemed to have the
43       same force and effect as if performed by the Kansas youth au-

HB 2207--Am.

24

  1       thority in which such powers, duties and functions were vested
  2       prior to the effective date of this act.
  3             (d) Whenever the Kansas youth authority is referred to or des-
  4       ignated by a statute, contract or other document, such reference
  5       or designation shall be deemed to apply to the Kansas advisory
  6       group on juvenile justice and delinquency prevention.
  7             (e) All of the records, memoranda, writings and property of the
  8       Kansas youth authority shall be and hereby are transferred to the
  9       Kansas advisory group on juvenile justice and delinquency pre-
10       vention and such advisory group shall have legal custody of the
11       same.
12             Sec.  15. K.S.A. 75-7007 is hereby amended to read as follows:
13       75-7007. (a) There is hereby established the Kansas advisory group
14       on juvenile justice and delinquency prevention, for the purposes
15       of the federal juvenile justice and delinquency prevention act of
16       1974, as amended.
17             (b) The membership of the Kansas advisory group on juvenile
18       justice and delinquency prevention shall include the members of the
19       Kansas youth authority, as appointed pursuant to K.S.A. 75-7009, and
20       amendments thereto, and other be composed of members as appointed
21       by the governor. The governor shall appoint at least eight but not
22       more than 26 additional members to the advisory group. The addi-
23       tional members shall serve at the pleasure of the governor.
24             (c) The chairperson and vice-chairperson of the advisory group
25       shall be appointed by the governor.
26             (d) Each member of the advisory group shall receive compen-
27       sation, subsistence allowances, mileage and other expenses as pro-
28       vided for in K.S.A. 75-3223, and amendments thereto.
29             (e) The advisory group shall participate in the development
30       and review of the juvenile justice plan, review and comment on all
31       juvenile justice and delinquency prevention grant applications,
32       and shall make recommendations regarding the grant applica-
33       tions.
34             (f) All ex officio members of the Kansas youth authority shall also
35       serve as ex officio members to the advisory group.
36             (g) The advisory group shall receive reports from local citizen
37       review boards established pursuant to K.S.A. 38-1812, and amend-
38       ments thereto, regarding the status of juvenile offenders under the
39       supervision of the district courts.
40             Sec.  16. K.S.A. 75-7021 is hereby amended to read as follows:
41       75-7021. (a) There is hereby created in the state treasury the Kan-
42       sas endowment for youth trust fund. Money credited to the fund
43       pursuant to K.S.A. 20-367, and amendments thereto, or by any

HB 2207--Am.

25

  1       other lawful means shall be used solely for the purpose of making
  2       grants to further the purpose of juvenile justice reform, including
  3       rational prevention programs and programs for treatment and re-
  4       habilitation of juveniles and to further the partnership between
  5       state and local communities. Such treatment and rehabilitation
  6       programs should aim to combine accountability and sanctions with
  7       increasingly intensive treatment and rehabilitation services with
  8       an aim to provide greater public safety and provide intervention
  9       that will be uniform and consistent.
10             (b) All expenditures from the Kansas endowment for youth
11       trust fund shall be made in accordance with appropriations acts
12       upon warrants of the director of accounts and reports issued pur-
13       suant to vouchers approved by the commissioner of juvenile justice
14       or by a person or persons designated by the commissioner.
15             (c) The commissioner of juvenile justice may apply for, receive
16       and accept money from any source for the purposes for which
17       money in the Kansas endowment for youth trust fund may be ex-
18       pended. Upon receipt of any such money, the commissioner shall
19       remit the entire amount at least monthly to the state treasurer,
20       who shall deposit it in the state treasury and credit it to the Kansas
21       endowment for youth trust fund.
22             (d) Grants made to programs pursuant to this section shall be
23       based on the number of persons to be served and such other
24       requirements as may be established by the Kansas youth authority
25       advisory group on juvenile justice and delinquency prevention in guide-
26       lines established and promulgated to regulate grants made under
27       authority of this section. The guidelines may include requirements
28       for grant applications, organizational characteristics, reporting
29       and auditing criteria and such other standards for eligibility and
30       accountability as are deemed advisable by the Kansas youth au-
31       thority advisory group on juvenile justice and delinquency prevention.
32             (e) On or before the 10th of each month, the director of ac-
33       counts and reports shall transfer from the state general fund to
34       the Kansas endowment for youth trust fund interest earnings
35       based on:
36             (1) The average daily balance of moneys in the Kansas endow-
37       ment for youth trust fund for the preceding month; and
38             (2) the net earnings rate of the pooled money investment port-
39       folio for the preceding month.
40             Sec.  17. K.S.A. 1998 Supp. 75-7024 is hereby amended to read
41       as follows: 75-7024. On and after July 1, 1997, In addition to other
42       powers and duties provided by law, in administering the provisions
43       of the juvenile justice code, the commissioner of juvenile justice

HB 2207--Am.

26

  1       shall:
  2             (a) Establish divisions which include the following functions in
  3       the juvenile justice authority:
  4             (1) Operations. The commissioner shall operate the juvenile
  5       intake and assessment system as it relates to the juvenile offender;
  6       provide technical assistance and help facilitate community collab-
  7       oration; license juvenile correctional facilities, programs and pro-
  8       viders; assist in coordinating a statewide system of community
  9       based service providers; establish pilot projects for community
10       based service providers; and operate the juvenile correctional fa-
11       cilities.
12             (2) Research and prevention. The commissioner shall gener-
13       ate, analyze and utilize data to review existing programs and iden-
14       tify effective prevention programs; to develop new program initia-
15       tives and restructure existing programs; and to assist communities
16       in risk assessment and effective resource utilization.
17             (3) Contracts. The commissioner shall secure the services of
18       direct providers by contracting with such providers, which may
19       include nonprofit, private or public agencies, to provide functions
20       and services needed to operate the juvenile justice authority. The
21       commissioner shall contract with local service providers, when
22       available, to provide twenty-four-hour-a-day intake and assess-
23       ment services. Nothing provided for herein shall prohibit local mu-
24       nicipalities, through interlocal agreements, from corroborating
25       with and participating in the intake and assessment services estab-
26       lished in K.S.A. 75-7023, and amendments thereto. All contracts
27       entered into by the commissioner to secure the services of direct
28       providers shall contain a clause allowing the inspector general un-
29       limited access to such facility, records or personnel pursuant to
30       subsection (a)(4)(B).
31             (4) Performance audit. (A) The commissioner randomly shall
32       audit contracts to determine that service providers are performing
33       as required pursuant to the contract.
34             (B) Within the division conducting performance audits, the
35       commissioner shall designate a staff person to serve in the capacity
36       of inspector general. Such inspector general, or such inspector
37       general's designee, shall have the authority to: (i) Enforce compli-
38       ance with all contracts; (ii) perform audits as necessary to ensure
39       compliance with the contracts. The inspector general shall have
40       unlimited access to any and all facilities, records or personnel of
41       any provider that has contracted with the commissioner to deter-
42       mine that such provider is in compliance with the contracts; and
43       (iii) establish a statewide juvenile justice hotline to respond to any

HB 2207--Am.

27

  1       complaints or concerns that have been received concerning juve-
  2       nile justice.
  3             (b) Adopt rules and regulations necessary for the administra-
  4       tion of this act.
  5             (c) Administer all state and federal funds appropriated to the
  6       juvenile justice authority and may coordinate with any other
  7       agency within the executive branch expending funds appropriated
  8       for juvenile justice.
  9             (d) Administer the development and implementation of a ju-
10       venile justice information system.
11             (e) Administer the transition to and implementation of juvenile
12       justice system reforms.
13             (f) Coordinate with the judicial branch of state government any
14       duties and functions which effect the juvenile justice authority.
15             (g) Serve as a resource to the legislature and other state poli-
16       cymakers.
17             (h) Make and enter into all contracts and agreements and do
18       all other acts and things necessary or incidental to the perform-
19       ance of functions and duties and the execution of powers under
20       this act. The commissioner may enter into memorandums of agree-
21       ment or contractual relationships with state agencies, other gov-
22       ernmental entities or private providers as necessary to carry out
23       the commissioner's responsibilities pursuant to the Kansas juvenile
24       justice code.
25             (i) Accept custody of juvenile offenders so placed by the court.
26             (j) Assign juvenile offenders placed in the commissioner's cus-
27       tody to juvenile correctional facilities based on information col-
28       lected by the reception and diagnostic evaluation, intake and as-
29       sessment report, pursuant to K.S.A. 75-7023, and amendments
30       thereto, and the predispositional investigation report, pursuant to
31       K.S.A. 38-1661, and amendments thereto.
32             (k) Establish and utilize a reception and diagnostic evaluation
33       for all juvenile offenders to be evaluated prior to placement in a
34       juvenile correctional facility.
35             (l) Assist the judicial districts in establishing community based
36       placement options, juvenile community correctional services and
37       aftercare transition services for juvenile offenders.
38             (m) Review, evaluate and restructure the programmatic mis-
39       sion and goals of the juvenile correctional facilities to accommo-
40       date greater specialization for each facility.
41             (n) Adopt rules and regulations as are necessary to encourage
42       the sharing of information between individuals and agencies who
43       are involved with the juvenile.

HB 2207--Am.

28

  1             (o) Provide staff support to the Kansas youth authority.
  2             (p) Designate in each judicial district an entity which shall be
  3       responsible for juvenile justice field services not provided by court
  4       services officers in the judicial district. The commissioner shall
  5       contract with such entity and provide grants to fund such field
  6       services.
  7             (q) (p) Monitor placement trends and minority confinement.
  8             (r) (q)  Develop and submit to the joint committee on correc-
  9       tions and juvenile justice oversight a recommendation to provide
10       for the financial viability of the Kansas juvenile justice system.
11       Such recommendation shall include a formula for the allocation of
12       state funds to community programs and a rationale in support of
13       the recommendation. Additionally, the commissioner shall submit a
14       recommendation, approved by the Kansas youth authority, detailing cap-
15       ital projects and expenditures projected during the five-year period be-
16       ginning July 1, 1997, including a rationale in support of such recommen-
17       dation. In developing such recommendations, The commissioner shall
18       avoid pursuing construction or expansion of state institutional ca-
19       pacity when appropriate alternatives to such placements are jus-
20       tified. The commissioner's recommendations shall identify a rev-
21       enue source sufficient to appropriately fund expenditures
22       anticipated to be incurred subsequent to expansion of community-
23       based capacity and necessary to finance recommended capital pro-
24       jects.
25             (s) (r) Report monthly to the joint committee on corrections
26       and juvenile justice oversight. The commissioner shall review with
27       the committee any contracts or memorandums of agreement with
28       other state agencies prior to the termination of such agreements
29       or contracts.
30             (t) (s) Have the authority to designate all or a portion of a fa-
31       cility for juveniles under the commissioner's jurisdiction as a:
32             (1) Nonsecure detention facility;
33             (2) facility for the educational or vocational training and re-
34       lated services;
35             (3) facility for temporary placement pending other arrange-
36       ments more appropriate for the juvenile's needs; and
37             (4) facility for the provision of care and other services and not
38       for the detention of juveniles.
39             Sec.  18. K.S.A. 75-7032 is hereby amended to read as follows:
40       75-7032. The juvenile justice authority, pursuant to provided for in
41       K.S.A. 75-7001, and amendments thereto, and the Kansas youth au-
42       thority, pursuant to K.S.A. 75-7008, and amendments thereto, shall be
43       and are is hereby abolished on July 1, 2004.

HB 2207--Am.

29

  1             Sec.  19. K.S.A. 1998 Supp. 46-2801 is hereby amended to read
  2       as follows: 46-2801. (a) There is hereby created the joint committee
  3       on corrections and juvenile justice oversight which shall be within
  4       the legislative branch of state government and which shall be com-
  5       posed of no more than seven members of the senate and seven
  6       members of the house of representatives.
  7             (b) The senate members shall be appointed by the president
  8       and the minority leader. The two major political parties shall have
  9       proportional representation on such committee. In the event ap-
10       plication of the preceding sentence results in a fraction, the party
11       having a fraction exceeding .5 shall receive representation as
12       though such fraction were a whole number.
13             (c) The seven representative members shall be appointed as
14       follows:
15             (1) Two members shall be members of the majority party who
16       are members of the house committee on appropriations and shall
17       be appointed by the speaker;
18             (2) two members shall be members of the minority party who
19       are members of the house committee on appropriations and shall
20       be appointed by the minority leader;
21             (3) two members shall be members of the majority party who
22       are members of the house committee on judiciary and shall be
23       appointed by the speaker; and
24             (4) one member shall be a member of the minority party who
25       is a member of the house committee on judiciary and shall be ap-
26       pointed by the minority leader.
27             (d) Any vacancy in the membership of the joint committee on
28       corrections and juvenile justice oversight shall be filled by appoint-
29       ment in the manner prescribed by this section for the original ap-
30       pointment.
31             (e) All members of the joint committee on corrections and ju-
32       venile justice oversight shall serve for terms ending on the first
33       day of the regular legislative session in odd-numbered years. The
34       joint committee shall organize annually and elect a chairperson
35       and vice-chairperson in accordance with this subsection. During
36       calendar years 1997 and 1999, the chairperson shall be one of the
37       representative members of the joint committee elected by the
38       members of the joint committee and the vice-chairperson shall be
39       one of the senate members elected by the members of the joint
40       committee. During calendar year 1998, the chairperson shall be
41       one of the senate members of the joint committee elected by the
42       members of the joint committee and the vice-chairperson shall be
43       one of the representative members of the joint committee elected

HB 2207--Am.

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  1       by the members of the joint committee. The vice-chairperson shall
  2       exercise all of the powers of the chairperson in the absence of the
  3       chairperson. If a vacancy occurs in the office of chairperson or
  4       vice-chairperson, a member of the joint committee, who is a mem-
  5       ber of the same house as the member who vacated the office, shall
  6       be elected by the members of the joint committee to fill such va-
  7       cancy. Within 30 days after the effective date of this act, the joint
  8       committee shall organize and elect a chairperson and a vice-chair-
  9       person in accordance with the provisions of this act.
10             (f) A quorum of the joint committee on corrections and juve-
11       nile justice oversight shall be eight. All actions of the joint com-
12       mittee shall be by motion adopted by a majority of those present
13       when there is a quorum.
14             (g) The joint committee on corrections and juvenile justice
15       oversight may meet at any time and at any place within the state
16       on the call of the chairperson, vice-chairperson and ranking mi-
17       nority member of the house of representatives when the chairper-
18       son is a representative or of the senate when the chairperson is a
19       senator.
20             (h) The provisions of the acts contained in article 12 of chapter
21       46 of the Kansas Statutes Annotated, and amendments thereto,
22       applicable to special committees shall apply to the joint committee
23       on corrections and juvenile justice oversight to the extent that the
24       same do not conflict with the specific provisions of this act appli-
25       cable to the joint committee.
26             (i) In accordance with K.S.A. 46-1204 and amendments
27       thereto, the legislative coordinating council may provide for such
28       professional services as may be requested by the joint committee
29       on corrections and juvenile justice oversight.
30             (j) The joint committee on corrections and juvenile justice
31       oversight may introduce such legislation as it deems necessary in
32       performing its functions.
33             (k) In addition to other powers and duties authorized or pre-
34       scribed by law or by the legislative coordinating council, the joint
35       committee on corrections and juvenile justice oversight shall:
36             (1) Monitor the inmate population and review and study the
37       programs, activities and plans of the department of corrections
38       regarding the duties of the department of corrections that are pre-
39       scribed by statute, including the implementation of expansion pro-
40       jects, the operation of correctional, food service and other pro-
41       grams for inmates, community corrections, parole and the
42       condition and operation of the correctional institutions and other
43       facilities under the control and supervision of the department of

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31

  1       corrections;
  2             (2) monitor the establishment of the juvenile justice authority
  3       and review and study the programs, activities and plans of the ju-
  4       venile justice authority regarding the duties of the juvenile justice
  5       authority that are prescribed by statute, including the responsi-
  6       bility for the care, custody, control and rehabilitation of juvenile
  7       offenders and the condition and operation of the state juvenile
  8       correctional facilities under the control and supervision of the ju-
  9       venile justice authority;
10             (3) review and study the adult correctional programs and ac-
11       tivities and facilities of counties, cities and other local govern-
12       mental entities, including the programs and activities of private
13       entities operating community correctional programs and facilities
14       and the condition and operation of jails and other local govern-
15       mental facilities for the incarceration of adult offenders;
16             (4) review and study the juvenile offender programs and activ-
17       ities and facilities of counties, cities, school districts and other local
18       governmental entities, including programs for the reduction and
19       prevention of juvenile crime and delinquency, the programs and
20       activities of private entities operating community juvenile pro-
21       grams and facilities and the condition and operation of local gov-
22       ernmental residential or custodial facilities for the care, treatment
23       or training of juvenile offenders;
24             (5) study the progress and results of the transition of powers,
25       duties and functions from the department of social and rehabili-
26       tation services, office of judicial administration and department of
27       corrections to the juvenile justice authority; and
28             (6) make an annual report to the legislative coordinating coun-
29       cil as provided in K.S.A. 46-1207, and amendments thereto, and
30       such special reports to committees of the house of representatives
31       and senate as are deemed appropriate by the joint committee.
32             (l) The provisions of this section shall expire on December 1,
33       1999 2000.
34        Sec.  20. K.S.A. 21-3520, 75-7007, 75-7008, 75-7009, 75-7021,
35       75-7032, 76-172 and 79-4803 and K.S.A. 1997 Supp. 38-1663, as
36       amended by section 8 of chapter 187 of the 1998 Session Laws of
37       Kansas and K.S.A. 1998 Supp. 21-3413, 21-3810, 38-1602, 38-
38       1602a, 38-1604, 38-1663, 38-1664, 38-1681, 38-16,129, 38-16,130,
39       38-16,131, 46-2801 and 75-7024 are hereby repealed.
40        Sec.  13 21. This act shall take effect and be in force from and after
41       its publication in the statute book.
42