Session of 1999
         
HOUSE BILL No. 2301
         
By Committee on Judiciary
          
2-5
          
  9             AN ACT concerning juvenile justice; relating to placement of chronic
10             runaway youths; amending K.S.A. 1998 Supp. 38-1663 and repealing
11             the existing section; also repealing K.S.A. 1997 Supp. 38-1663, as
12             amended by section 8 of chapter 187 of the 1998 Session Laws of
13             Kansas.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section 1.   K.S.A. 1998 Supp. 38-1663 is hereby amended to read as
17       follows: 38-1663. (a) When a respondent has been adjudicated to be a
18       juvenile offender, the judge may select from the following alternatives:
19             (1)   Place the juvenile offender on probation for a fixed period, subject
20       to the terms and conditions the court deems appropriate based on the
21       juvenile justice programs in the community, including a requirement of
22       making restitution as required by subsection (d).
23             (2)   Place the juvenile offender in the custody of a parent or other
24       suitable person, subject to the terms and conditions the court orders
25       based on the juvenile justice program in the community, including a re-
26       quirement of making restitution as required by subsection (d).
27             (3)   Place the juvenile offender in the custody of a youth residential
28       facility or, in the case of a chronic runaway youth, place the youth in a
29       secure care facility, subject to the terms and conditions the court orders.
30             (4)   Place the juvenile offender in the custody of the commissioner.
31             (5)   Commit the juvenile offender to a sanctions house for a period
32       no longer than seven days. Following such period, the court shall review
33       the placement. The court may continue to recommit the juvenile offender
34       to a sanctions house for a period no longer than seven days followed by
35       a court review. Commitment to a sanctions house shall not exceed 28
36       consecutive days. An offender over 18 years of age or less than 23 years
37       of age at sentencing may be committed to a county jail, in lieu of a sanc-
38       tions house, under the same time restrictions imposed by this paragraph.
39       No offender may be committed under this paragraph unless such of-
40       fender has violated the terms of probation.
41             (6)   Commit the juvenile offender to a community based program
42       available in such judicial district subject to the terms and conditions the
43       court orders.

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  1             (7)   Impose any appropriate combination of paragraphs (1) through
  2       (6) of this subsection and make other orders directed to the juvenile
  3       offender as the court deems appropriate.
  4             (8)   Commit the juvenile offender to a juvenile correctional facility if
  5       the juvenile offender:
  6             (A)   Previously has been adjudicated as a juvenile offender under this
  7       code or under the Kansas juvenile offender code as it existed prior to July
  8       1, 1997, for an offense which, if committed by an adult, would constitute
  9       a felony, a class A misdemeanor, a class B person or nonperson select
10       misdemeanor or a class C person misdemeanor; or
11             (B)   has been adjudicated a juvenile offender as a result of having
12       committed an offense which, if committed by a person 18 years of age or
13       over, would constitute a class A, B or C felony as defined by the Kansas
14       criminal code or, if done on or after July 1, 1993, would constitute an off-
15       grid crime or a nondrug crime ranked in severity level 1 through 5 or a
16       drug crime ranked in severity level 1 through 3 as provided by the place-
17       ment matrix established in K.S.A. 1998 Supp. 38-16,129, and amendments
18       thereto.
19             (9)   Place the juvenile offender under a house arrest program admin-
20       istered by the court pursuant to K.S.A. 21-4603b, and amendments
21       thereto.
22             (b) (1)   In addition to any other order authorized by this section, the
23       court may order the: (A) Juvenile offender and the parents of the juvenile
24       offender to:
25             (i)   Attend counseling sessions as the court directs; or
26             (ii)   participate in mediation as the court directs. Participants in such
27       mediation may include, but shall not be limited to, the victim, the juvenile
28       offender and the juvenile offender's parents. Mediation shall not be man-
29       datory for the victim;
30             (B)   parents of the juvenile offender to participate in parenting classes;
31       or
32             (C)   juvenile offender to participate in a program of education offered
33       by a local board of education including placement in an alternative edu-
34       cational program approved by a local board of education.
35             (2)   Upon entering an order requiring a juvenile offender's parent to
36       attend counseling sessions or mediation, the court shall give the parent
37       notice of the order. The notice shall inform the parent of the parent's
38       right to request a hearing within 10 days after entry of the order and the
39       parent's right to employ an attorney to represent the parent at the hearing
40       or, if the parent is financially unable to employ an attorney, the parent's
41       right to request the court to appoint an attorney to represent the parent.
42       If the parent does not request a hearing within 10 days after entry of the
43       order, the order shall take effect at that time. If the parent requests a

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

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  1       duration of the conditions imposed and shall specify that such duration
  2       shall be for a definite time period to be determined by the court. Upon
  3       entering an order restricting a juvenile offender's license hereunder, the
  4       court shall require such juvenile offender to surrender such juvenile of-
  5       fender's driver's license to the court. The court shall transmit the license
  6       to the division of vehicles, together with a copy of the order. Upon receipt
  7       thereof, the division of vehicles shall issue without charge a driver's li-
  8       cense which shall indicate on its face that conditions have been imposed
  9       on such juvenile offender's privilege of operating a motor vehicle and that
10       a certified copy of the order imposing such conditions is required to be
11       carried by the juvenile offender for whom the license was issued any time
12       such juvenile offender is operating a motor vehicle on the streets and
13       highways of this state. If the juvenile offender is a nonresident, the court
14       shall cause a copy of the order to be transmitted to the division and the
15       division shall forward a copy of it to the motor vehicle administrator of
16       such juvenile offender's state of residence. Such court shall furnish to any
17       juvenile offender whose driver's license has had conditions imposed on
18       it under this section a copy of the order, which shall be recognized as a
19       valid Kansas driver's license until such time as the division shall issue the
20       restricted license provided for in this subsection. Upon expiration of the
21       period of time for which conditions are imposed pursuant to this subsec-
22       tion, the licensee may apply to the division for the return of the license
23       previously surrendered by such licensee. In the event such license has
24       expired, such juvenile offender may apply to the division for a new license,
25       which shall be issued immediately by the division upon payment of the
26       proper fee and satisfaction of the other conditions established by law,
27       unless such juvenile offender's privilege to operate a motor vehicle on
28       the streets and highways of this state has been suspended or revoked
29       prior thereto. If any juvenile offender shall violate any of the conditions
30       imposed under this subsection, such juvenile offender's driver's license
31       or privilege to operate a motor vehicle on the streets and highways of this
32       state shall be revoked for a period as determined by the court in which
33       such juvenile offender is convicted of violating such conditions.
34             (d)   Whenever a juvenile offender is placed pursuant to subsection
35       (a)(1) or (2), the court, unless it finds compelling circumstances which
36       would render a plan of restitution unworkable, shall order the juvenile
37       offender to make restitution to persons who sustained loss by reason of
38       the offense. The restitution shall be made either by payment of an amount
39       fixed by the court or by working for the persons in order to compensate
40       for the loss. If the court finds compelling circumstances which would
41       render a plan of restitution unworkable, the court may order the juvenile
42       offender to perform charitable or social service for organizations perform-
43       ing services for the community.

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  1             Nothing in this subsection shall be construed to limit a court's authority
  2       to order a juvenile offender to make restitution or perform charitable or
  3       social service under circumstances other than those specified by this sub-
  4       section or when placement is made pursuant to subsection (a)(3) or (4).
  5             (e)   In addition to or in lieu of any other order authorized by this
  6       section, the court may order a juvenile offender to pay a fine not exceed-
  7       ing $250 for each offense. In determining whether to impose a fine and
  8       the amount to be imposed, the court shall consider the following:
  9             (1)   Imposition of a fine is most appropriate in cases where the juve-
10       nile offender has derived pecuniary gain from the offense.
11             (2)   The amount of the fine should be related directly to the serious-
12       ness of the juvenile offender's offense and the juvenile offender's ability
13       to pay.
14             (3)   Payment of a fine may be required in a lump sum or installments.
15             (4)   Imposition of a restitution order is preferable to imposition of a
16       fine.
17             (5)   The juvenile offender's duty of payment should be limited in du-
18       ration and in no event should the time necessary for payment exceed the
19       maximum term which would be authorized if the offense had been com-
20       mitted by an adult.
21             (f)   In addition to or in lieu of any other order authorized by this
22       section, if a juvenile is adjudicated to be a juvenile offender by reason of
23       a violation of K.S.A. 41-719, 41-727, 65-4101 through 65-4164 or K.S.A.
24       1998 Supp. 8-1599, and amendments thereto, the court shall order the
25       juvenile offender to submit to and complete an alcohol and drug evalu-
26       ation by a community-based alcohol and drug safety action program cer-
27       tified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a
28       fee not to exceed the fee established by that statute for such evaluation.
29       The court may waive such evaluation if the court finds that the juvenile
30       offender has completed successfully an alcohol and drug evaluation, ap-
31       proved by the community-based alcohol and drug safety action program,
32       within 12 months before sentencing. If such evaluation occurred more
33       than 12 months before sentencing, the court shall order the juvenile of-
34       fender to resubmit to and complete such evaluation and program as pro-
35       vided herein. If the court finds that the juvenile offender and those legally
36       liable for the offender's support are indigent, the fee may be waived. In
37       no event shall the fee be assessed against the commissioner or the juvenile
38       justice authority. The court may require the parent or guardian of the
39       juvenile offender to attend such program with the juvenile offender.
40             (g)   The board of county commissioners of a county may provide by
41       resolution that the parents or guardians of any juvenile offender placed
42       under a house arrest program pursuant to subsection (a)(9) shall be re-
43       quired to pay to the county the cost of such house arrest program. The

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  1       board of county commissioners shall prepare a sliding financial scale
  2       based on the ability of the parents to pay for such a program.
  3             (h)   In addition to any other order authorized by this section, if child
  4       support has been requested and the parent or parents have a duty to
  5       support the respondent the court may order, and when custody is placed
  6       with the commissioner shall order, one or both parents to pay child sup-
  7       port. The court shall determine, for each parent separately, whether the
  8       parent already is subject to an order to pay support for the respondent.
  9       If the parent currently is not ordered to pay support for the respondent
10       and the court has personal jurisdiction over the parent, the court shall
11       order the parent to pay child support in an amount determined under
12       K.S.A. 38-16,117, and amendments thereto. Except for good cause
13       shown, the court shall issue an immediate income withholding order pur-
14       suant to K.S.A. 23-4,105 et seq., and amendments thereto, for each parent
15       ordered to pay support under this subsection, regardless of whether a
16       payor has been identified for the parent. A parent ordered to pay child
17       support under this subsection shall be notified, at the hearing or other-
18       wise, that the child support order may be registered pursuant to K.S.A.
19       38-16,119, and amendments thereto. The parent also shall be informed
20       that, after registration, the income withholding order may be served on
21       the parent's employer without further notice to the parent and the child
22       support order may be enforced by any method allowed by law. Failure
23       to provide this notice shall not affect the validity of the child support
24       order.
25             (i)   Any order issued by the judge pursuant to this section shall be in
26       effect immediately upon entry into the court's journal.
27             (j)   In addition to the requirements of K.S.A. 38-1671, and amend-
28       ments thereto, if a person is under 18 years of age and convicted of a
29       felony or adjudicated as a juvenile offender for an offense if committed
30       by an adult would constitute the commission of a felony, the court shall
31       forward a signed copy of the journal entry to the commissioner within 30
32       days of final disposition.
33             (k)   The sentencing hearing shall be open to the public as provided in
34       K.S.A. 38-1652, and amendments thereto.  
35       Sec. 2.   K.S.A. 1998 Supp. 38-1663 and K.S.A. 1997 Supp. 38-1663,
36       as amended by section 8 of chapter 187 of the Session Laws of Kansas
37       are hereby repealed.
38         Sec. 3.   This act shall take effect and be in force from and after its
39       publication in the statute book.