Session of 1999
         
HOUSE BILL No. 2398
         
By Representative Weber
          
2-10
          
  9             AN  ACT creating the unified field services commission; providing for
10             membership, duties and responsibilities; responsibility for the joint
11             committee on corrections and juvenile justice oversight; amending
12             K.S.A. 1998 Supp. 46-2801 and repealing the existing section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             New Section  1. (a) There is hereby created the unified field services
16       commission.
17             (b) The commission shall:
18             (1) Develop a plan for the consolidation of the activities, funding and
19       administration of court service probation, parole, postrelease supervision
20       and community corrections services with the department of corrections
21       as the central agency with responsibility and oversight of all such field
22       services;
23             (2) report to the joint committee on corrections and juvenile justice
24       oversight on a monthly basis after the effective date of this act until pres-
25       entation of the final report;
26             (3) prepare and present a final report regarding such consolidation
27       of field services with recommendations as to organizational structure,
28       budget and other necessary plans to carry out such consolidation to the
29       joint committee and to the governor by September 30, 2000;
30             (4) consult and advise the joint committee, and any other legislative
31       committee and the governor with reference to the implementation, man-
32       agement, monitoring, maintenance and operation of such consolidation
33       of field services; and
34             (5) make recommendations to the joint committee in regard to any
35       legislation that is needed to carry out the commission's recommendations.
36             (c) The commission shall consist of 10 members, as follows:
37             (1) The chief justice of the supreme court or the chief justice's
38       designee;
39             (2) the secretary of corrections;
40             (3) the commissioner of the juvenile justice authority;
41             (4) the chief court service officer;
42             (5) the chairperson of the Kansas parole board;
43             (6) the executive director of the Kansas sentencing commission;

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  1             (7) the president of the community corrections association;
  2             (8) one facilitator from a community planning team appointed by the
  3       commissioner of juvenile justice authority as provided in K.S.A. 75-7033
  4       and amendments thereto, appointed by the governor; and
  5             (9) two members of the legislature who shall serve as voting mem-
  6       bers. One member shall be appointed by the president of the senate and
  7       one member shall be appointed by the speaker of the house of
  8       representatives.
  9             (d) The secretary of corrections shall be chairperson of the commis-
10       sion. The members of the commission shall elect any additional officers
11       from among its members necessary to discharge its duties.
12             (e) The commission shall meet upon call of the chairperson as nec-
13       essary to carry out its duties under this section.
14             (f) Each member of the commission shall receive compensation, sub-
15       sistence allowances, mileage and other expenses as provided for in K.S.A.
16       75-3223 and amendments thereto. The department of corrections shall
17       be responsible for all costs of the commission and shall be made a part
18       of the budget for the department.
19             (g) The department of corrections shall provide all necessary staff for
20       the commission and shall keep a record of meetings, prepare reports of
21       the commission and perform such other duties as directed by the
22       commission.
23             (h) The provisions of this section shall expire on October 1, 2000.
24             Sec.  2. K.S.A. 1998 Supp. 46-2801 is hereby amended to read as
25       follows: 46-2801. (a) There is hereby created the joint committee on cor-
26       rections and juvenile justice oversight which shall be within the legislative
27       branch of state government and which shall be composed of no more
28       than seven members of the senate and seven members of the house of
29       representatives.
30             (b) The senate members shall be appointed by the president and the
31       minority leader. The two major political parties shall have proportional
32       representation on such committee. In the event application of the pre-
33       ceding sentence results in a fraction, the party having a fraction exceeding
34       .5 shall receive representation as though such fraction were a whole
35       number.
36             (c) The seven representative members shall be appointed as follows:
37             (1) Two members shall be members of the majority party who are
38       members of the house committee on appropriations and shall be ap-
39       pointed by the speaker;
40             (2) two members shall be members of the minority party who are
41       members of the house committee on appropriations and shall be ap-
42       pointed by the minority leader;
43             (3) two members shall be members of the majority party who are

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  1       members of the house committee on judiciary and shall be appointed by
  2       the speaker; and
  3             (4) one member shall be a member of the minority party who is a
  4       member of the house committee on judiciary and shall be appointed by
  5       the minority leader.
  6             (d) Any vacancy in the membership of the joint committee on cor-
  7       rections and juvenile justice oversight shall be filled by appointment in
  8       the manner prescribed by this section for the original appointment.
  9             (e) All members of the joint committee on corrections and juvenile
10       justice oversight shall serve for terms ending on the first day of the regular
11       legislative session in odd-numbered years. The joint committee shall or-
12       ganize annually and elect a chairperson and vice-chairperson in accord-
13       ance with this subsection. During calendar years 1997 and 1999, the chair-
14       person shall be one of the representative members of the joint committee
15       elected by the members of the joint committee and the vice-chairperson
16       shall be one of the senate members elected by the members of the joint
17       committee. During calendar year 1998, the chairperson shall be one of
18       the senate members of the joint committee elected by the members of
19       the joint committee and the vice-chairperson shall be one of the repre-
20       sentative members of the joint committee elected by the members of the
21       joint committee. The vice-chairperson shall exercise all of the powers of
22       the chairperson in the absence of the chairperson. If a vacancy occurs in
23       the office of chairperson or vice-chairperson, a member of the joint com-
24       mittee, who is a member of the same house as the member who vacated
25       the office, shall be elected by the members of the joint committee to fill
26       such vacancy. Within 30 days after the effective date of this act, the joint
27       committee shall organize and elect a chairperson and a vice-chairperson
28       in accordance with the provisions of this act.
29             (f) A quorum of the joint committee on corrections and juvenile jus-
30       tice oversight shall be eight. All actions of the joint committee shall be
31       by motion adopted by a majority of those present when there is a quorum.
32             (g) The joint committee on corrections and juvenile justice oversight
33       may meet at any time and at any place within the state on the call of the
34       chairperson, vice-chairperson and ranking minority member of the house
35       of representatives when the chairperson is a representative or of the sen-
36       ate when the chairperson is a senator.
37             (h) The provisions of the acts contained in article 12 of chapter 46 of
38       the Kansas Statutes Annotated, and amendments thereto, applicable to
39       special committees shall apply to the joint committee on corrections and
40       juvenile justice oversight to the extent that the same do not conflict with
41       the specific provisions of this act applicable to the joint committee.
42             (i) In accordance with K.S.A. 46-1204 and amendments thereto, the
43       legislative coordinating council may provide for such professional services

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  1       as may be requested by the joint committee on corrections and juvenile
  2       justice oversight.
  3             (j) The joint committee on corrections and juvenile justice oversight
  4       may introduce such legislation as it deems necessary in performing its
  5       functions.
  6             (k) In addition to other powers and duties authorized or prescribed
  7       by law or by the legislative coordinating council, the joint committee on
  8       corrections and juvenile justice oversight shall:
  9             (1) Monitor the inmate population and review and study the pro-
10       grams, activities and plans of the department of corrections regarding the
11       duties of the department of corrections that are prescribed by statute,
12       including the implementation of expansion projects, the operation of cor-
13       rectional, food service and other programs for inmates, community cor-
14       rections, parole and the condition and operation of the correctional in-
15       stitutions and other facilities under the control and supervision of the
16       department of corrections;
17             (2) monitor the establishment of the juvenile justice authority and
18       review and study the programs, activities and plans of the juvenile justice
19       authority regarding the duties of the juvenile justice authority that are
20       prescribed by statute, including the responsibility for the care, custody,
21       control and rehabilitation of juvenile offenders and the condition and
22       operation of the state juvenile correctional facilities under the control and
23       supervision of the juvenile justice authority;
24             (3) review and study the adult correctional programs and activities
25       and facilities of counties, cities and other local governmental entities,
26       including the programs and activities of private entities operating com-
27       munity correctional programs and facilities and the condition and oper-
28       ation of jails and other local governmental facilities for the incarceration
29       of adult offenders;
30             (4) review and study the juvenile offender programs and activities and
31       facilities of counties, cities, school districts and other local governmental
32       entities, including programs for the reduction and prevention of juvenile
33       crime and delinquency, the programs and activities of private entities
34       operating community juvenile programs and facilities and the condition
35       and operation of local governmental residential or custodial facilities for
36       the care, treatment or training of juvenile offenders;
37             (5) study the progress and results of the transition of powers, duties
38       and functions from the department of social and rehabilitation services,
39       office of judicial administration and department of corrections to the ju-
40       venile justice authority; and
41             (6) make an annual report to the legislative coordinating council as
42       provided in K.S.A. 46-1207, and amendments thereto, and such special
43       reports to committees of the house of representatives and senate as are

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  1       deemed appropriate by the joint committee.; and
  2             (7) monitor and review the development of the plan for consolidation
  3       of field services being developed by the unified field services commission
  4       as provided in section 1 and amendments thereto and introduce such
  5       legislation as the joint committee deems necessary in implementation of
  6       the consolidation of field services.
  7             (l) The provisions of this section shall expire on December 1, 1999
  8       2001. 
  9       Sec.  3. K.S.A. 1998 Supp. 46-2801 is hereby repealed.
10        Sec.  4. This act shall take effect and be in force from and after its
11       publication in the statute book.