Session of 1999
         
HOUSE BILL No. 2445
         
By Committee on Judiciary
          
2-10
          
  9             AN  ACT concerning juvenile offenders; relating to sentencing and place-
10             ment; amending K.S.A. 1998 Supp. 38-16,129 and repealing the exist-
11             ing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 38-16,129 is hereby amended to read
15       as follows: 38-16,129. On and after July 1, 1999: (a) For the purpose of
16       sentencing juvenile offenders, the following placements may be applied
17       by the judge in felony or misdemeanor cases for offenses committed on
18       or after July 1, 1999. If used, the court shall establish a specific term of
19       commitment.
20             (1) Violent Offenders. (A) The violent offender I is defined as an
21       offender adjudicated as a juvenile offender for an offense which, if com-
22       mitted by an adult, would constitute an off-grid felony. Offenders in this
23       category may be committed to a juvenile correctional facility for a mini-
24       mum term of 60 months and up to a maximum term of the offender
25       reaching the age of 22 years, six months. The aftercare term for this
26       offender is set at a minimum term of six months and up to a maximum
27       term of the offender reaching the age of 23 years.
28             (B) The violent offender II is defined as an offender adjudicated as
29       a juvenile offender for an offense which, if committed by an adult, would
30       constitute a nondrug level 1, 2 or 3 felony. Offenders in this category may
31       be committed to a juvenile correctional facility for a minimum term of
32       24 months and up to a maximum term of the offender reaching the age
33       22 years, six months. The aftercare term for this offender is set at a min-
34       imum term of six months and up to a maximum term of the offender
35       reaching the of age 23 years.
36             (2) Serious Offenders. (A) The serious offender I is defined as an
37       offender adjudicated as a juvenile offender for an offense which, if com-
38       mitted by an adult, would constitute a nondrug severity level 4, 5 or 6
39       person felony or a drug severity level 1 or, 2 or 3 drug felony. Offenders
40       in this category may be committed to a juvenile correctional facility for a
41       minimum term of 18 months and up to a maximum term of 36 months.
42       The aftercare term for this offender is set at a minimum term of six
43       months and up to a maximum term of 24 months.

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  1             (B) The serious offender II is defined as an offender adjudicated as
  2       a juvenile offender for an offense which, if committed by an adult, would
  3       constitute a nondrug severity level 7, 8, 9 or 10 person felony or a drug
  4       severity level 4 felony with one prior felony adjudication: (1) a criminal
  5       history resulting in presumed imprisonment as defined by K.S.A. 21-4701
  6       et seq., and amendments thereto, or (2) a history of two or more "place-
  7       ment failures" as defined in this section. Offenders in this category may
  8       be committed to a juvenile correctional facility for a minimum term of
  9       nine months and up to a maximum term of 18 months. The aftercare
10       term for this offender is set at a minimum term of six months and up to
11       a maximum term of 24 months.
12             (C) The serious offender III is defined as an offender adjudicated as
13       a juvenile offender for an offense which, if committed by an adult, would
14       constitute a nondrug severity level 7, 8, 9 or 10 felony or a drug severity
15       level 4 felony, with a criminal history resulting in presumed probation as
16       defined by K.S.A. 21-4701 et seq., and amendments thereto. Offenders in
17       this category may be committed to a juvenile correctional facility for a
18       minimum term of six months and up to a maximum term of 12 months.
19       The aftercare term for this offender is set at a minimum term of six months
20       and up to a maximum term of 12 months.
21             (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
22       defined as an offender adjudicated as a juvenile offender for an offense
23       which, if committed by an adult, would constitute:
24             (i) One present nonperson felony adjudication and two prior felony
25       adjudications; or
26             (ii) one present severity level 3 drug felony adjudication and two prior
27       felony adjudications.
28             Offenders in this category may be committed to a juvenile correctional
29       facility for a minimum term of six months and up to a maximum term of
30       18 months. The aftercare term for this offender is set at a minimum term
31       of six months and up to a maximum term of 12 months.
32             (B) The chronic offender II, escalating felon is defined as an offender
33       adjudicated as a juvenile offender for an offense which, if committed by
34       an adult, would constitute:
35             (i) One present felony adjudication and two prior misdemeanor
36       adjudications;
37             (ii) one present felony adjudication and two prior severity level 4 drug
38       adjudications;
39             (iii) one present severity level 3 drug felony adjudication and two
40       prior misdemeanor adjudications; or
41             (iv) one present severity level 3 drug felony adjudication and two
42       prior severity level 4 drug adjudications.
43             Offenders in this category may be committed to a juvenile correctional

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  1       facility for a minimum term of six months and up to a maximum term of
  2       18 months. The aftercare term for this offender is set at a minimum term
  3       of six months and up to a maximum term of 12 months.
  4             (C) The chronic offender III, escalating misdemeanant is defined as
  5       an offender adjudicated as a juvenile offender for an offense which, if
  6       committed by an adult, would constitute:
  7             (i) One present misdemeanor adjudication and two prior misde-
  8       meanor adjudications and two out-of-home placement failures;
  9             (ii) one present misdemeanor adjudication and two prior severity
10       level 4 drug felony adjudications and two out-of-home placement failures;
11             (iii) one present severity level 4 drug felony adjudication and two
12       prior misdemeanor adjudications and two out-of-home placement fail-
13       ures; or
14             (iv) one present severity level 4 drug felony adjudication and two
15       prior severity level 4 felony adjudications and two out-of-home placement
16       failures.
17             Offenders in this category may be committed to a juvenile correctional
18       facility for a minimum term of three months and up to a maximum term
19       of six months. The aftercare term for this offender is set at a minimum
20       term of three months and up to a maximum term of six months.
21             (3) Misdemeanant Offenders. (A) The misdemeanant offender I is de-
22       fined as an offender adjudicated as a juvenile offender for an offense
23       which, if committed by an adult, would constitute a misdemeanor with a
24       history of one or more prior juvenile adjudications or "placement failures"
25       as defined in this section. Offenders in this category may be committed
26       to a juvenile correctional facility for a minimum term of three months and
27       up to a maximum term of six months. The aftercare term for this offender
28       is set a minimum term of three months and up to a maximum term of six
29       months.
30             (B) The misdemeanant offender II is defined as an offender adjudi-
31       cated as a juvenile offender for an offense which, if committed by an adult,
32       would constitute a misdemeanor with no prior history of juvenile adju-
33       dications or "placement failures" as defined in this section. Offenders in
34       this category may not be committed to a juvenile correctional facility.
35             (4) Conditional Release Violators. Conditional release violators may
36       be committed to a juvenile correctional facility, youth residential facility,
37       juvenile detention facility, institution, a sanctions house or to other ap-
38       propriate community placement for a minimum term of three months
39       and up to a maximum term of six months. The aftercare term for this
40       offender is set at a minimum term of two months and up to a maximum
41       term of six months, or the maximum term of the original aftercare term,
42       whichever is longer.
43             (b) As used in this section: (1) "Placement failure" means a juvenile

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  1       offender has been placed out-of-home on probation in a community
  2       placement accredited by the commissioner in a juvenile offender case
  3       and the offender has violated significantly the terms of probation in that
  4       case.
  5             (2) "Adjudication" includes out-of-state juvenile adjudications. An
  6       out-of-state offense which if committed by an adult would constitute the
  7       commission of a felony or misdemeanor shall be classified as either a
  8       felony or a misdemeanor according to the adjudicating jurisdiction. If an
  9       offense which if committed by an adult would constitute the commission
10       of a felony is a felony in another state, it will be deemed a felony in Kansas.
11       The state of Kansas shall classify the offense, which if committed by an
12       adult would constitute the commission of a felony or misdemeanor, as
13       person or nonperson. In designating such offense as person or nonperson,
14       reference to comparable offenses shall be made. If the state of Kansas
15       does not have a comparable offense, the out-of-state adjudication shall
16       be classified as a nonperson offense.
17             (c)  (1) Except as provided in subpart (2), the court shall consider all
18       appropriate community placement options shall have been exhausted be-
19       fore a chronic placing an offender III, escalating misdemeanant shall be
20       placed in a juvenile correctional facility. A court finding shall be made
21       acknowledging that appropriate community placement options have been
22       pursued considered and no such option is appropriate.
23             (2)  (A) It is presumed, in the manner provided in K.S.A. 60-414 and
24       amendments thereto, that a juvenile adjudicated as a violent offender I or
25       II, or serious offender I, shall be committed to a juvenile correctional
26       facility for the minimum and maximum terms prescribed for each respec-
27       tive classification.
28             (B) The burden of proof is on the respondent to rebut the presump-
29       tion. In the absence of proof that an alternative, community placement
30       option will promote offender reformation without unreasonably threat-
31       ening community safety interests, the court shall forthwith commit such
32       respondent to a juvenile correctional facility.
33             (d) The commissioner shall work with the community to provide on-
34       going support and incentives for the development of additional commu-
35       nity placements to ensure that the chronic offender III, escalating mis-
36       demeanant sentencing category is not frequently utilized minimize the
37       need for court commitments to juvenile correctional facilities.
38             New Sec.  2. For the purpose of sentencing juvenile offenders, the
39       following guidelines grid for drug offenses shall be applied in cases under
40       the Kansas juvenile offenders code for offenses committed on or after
41       July 1, 1999:

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PROPOSED JUVENILE DRUG MATRIX
 CATEGORY

A
(3+pf)
 B
(2pf) 		 C
(1pf-1npf) 		 D
(1pf) 		  E
(3+npf)		 F
(2npf) 		 G
(1npf) 		  H
(2+m)		 I
(1m/nr) 
I  0 0 0 0 0 0 0 0 0
II 0 0 0 0 0 0 0 0 0
III  0 0 0 0 0 0 0 0 0
IV  0 0 0 0 0 0      

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  1             New Sec.  3. For the purpose of sentencing juvenile offenders, the
  2       following guidelines grid for nondrug offenses shall be applied in cases
  3       under the Kansas juvenile offenders code for offenses committed on or
  4       after July 1, 1999:

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PROPOSED JUVENILE NONDRUG MATRIX
 CATEGORY

A
(3+pf)
 B
(2pf) 		 C
(1pf-1npf) 		 D
(1pf) 		  E
(3+npf)		 F
(2npf) 		 G
(1npf) 		  H
(2+m)		 I
(1m/nr) 
I                   
II                  
III                   
IV  0 0 0 0 0 0 0 0 0
 V 0 0 0 0 0 0 0 0 0
 VI 0 0 0 0 0 0 0 0 0
 VII 0 0              
 VIII 0 0              
 IX 0 0              
 X 0 0              

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Key
 Legend  Statutory Classification  JCF Commitment Range  Aftercare Range
 black cell  Violent Offender II  24 mos.- Age 22.5  6 mos. - Age 23
red cell  Serious Offender I  18 - 36 mos.  6 - 24 mos.
yellow cell  Serious Offender II  9 - 18 mos.  6 - 24 mos.
white cell   Serious Offender III  6 - 12 mos.  6 - 12 mos.

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  1        Sec.  4. K.S.A. 1998 Supp. 38-16,129 is hereby repealed.
  2        Sec.  5. This act shall take effect and be in force from and after its
  3       publication in the statute book.