As Amended by Senate Committee
          
Session of 1999
         
SENATE BILL No. 103
         
By Joint Committee on Corrections and Juvenile Justice Oversight
          
1-21
          
10             AN  ACT concerning juvenile offenders; relating to juvenile intake and
11             assessment; extended juvenile jurisdiction prosecution; juvenile of-
12             fenders discharge from commitment; definitions; extension of com-
13             mittee; amending K.S.A. 75-7023 and K.S.A. 1998 Supp. 38-1604, 38-
14             1624, 38-1636, 38-1640, 38-1663, as amended by section 8 of chapter
15             187 of the 1998 Session Laws of Kansas, 38-1675, 38-16,129, 46-2801
16             and 72-1113 and repealing the existing sections.
17      
18       Be it enacted by the Legislature of the State of Kansas:
19             Section  1. K.S.A. 1998 Supp. 38-1604 is hereby amended to read as
20       follows: 38-1604. (a) Except as provided in K.S.A. 38-1636, and amend-
21       ments thereto, proceedings concerning a juvenile who appears to be a
22       juvenile offender shall be governed by the provisions of this code.
23             (b) The district court shall have original jurisdiction to receive and
24       determine proceedings under this code.
25             (c) When jurisdiction is acquired by the district court over an alleged
26       juvenile offender it may continue until: (1) Sixty days after sentencing, if
27       the juvenile is committed directly to a juvenile correctional facility; (2)
28       the juvenile has attained the age of 23 years, if committed to the custody
29       of the commissioner pursuant to subsection (c) of K.S.A. 38-1665, and
30       amendments thereto, unless an adult sentence is imposed pursuant to an
31       extended jurisdiction juvenile prosecution. If such adult sentence is im-
32       posed, jurisdiction shall continue until discharged by the court or other
33       process for the adult sentence; (3) the juvenile has been discharged by
34       the court; or (4) the juvenile has been discharged under the provisions of
35       K.S.A. 38-1675, and amendments thereto.
36             (d) Effective July 1, 1999, if a juvenile is adjudicated a juvenile of-
37       fender and has previously been adjudicated a child in need of care, the
38       Kansas juvenile justice code shall apply to such juvenile and the Kansas
39       code for care of children shall suspend during the time of jurisdiction
40       pursuant to the Kansas juvenile justice code. Prior to July 1, 1999, the
41       court may apply the provisions of either code to a juvenile adjudicated
42       under both codes. Nothing in this subsection shall preclude such juvenile
43       offender from accessing services provided by the department of social

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  1       and rehabilitation services or any other state agency if such juvenile is
  2       eligible for such services.
  3             (1) If a juvenile offender, at the time of sentencing, is in an out
  4       of home placement in the custody of the secretary of social and
  5       rehabilitation services under the Kansas code for care of children
  6       code, the sentencing court may order the continued placement of
  7       the juvenile as a child in need of care unless the offender was ad-
  8       judicated for a felony or a second, or subsequent, misdemeanor. If
  9       the adjudication was for a felony or a second, or subsequent mis-
10       demeanor, the continued placement cannot be ordered unless the
11       court finds there are compelling circumstances which require, in
12       the best interest of the juvenile, that the placement should be con-
13       tinued. In considering whether compelling circumstances exist, the
14       court shall consider the reports and recommendations of the foster
15       placement, the contract provider, the secretary of social and reha-
16       bilitation services, the presentence investigation and all other rel-
17       evant factors. If the foster placement refuses to continue the juvenile
18       in the foster placement the court shall not order continued place-
19       ment as a child in need of care.
20             (2) If a placement with the secretary of social and rehabilita-
21       tion services is continued after sentencing, the secretary shall not
22       be responsible for any costs of sanctions imposed under this code.
23             (3) If such a juvenile offender is placed in the custody of the
24       juvenile justice authority, the secretary of social and rehabilitation
25       services shall not be responsible for furnishing services ordered in
26       the child in need of care proceeding during the time of the place-
27       ment pursuant to the Kansas juvenile justice code. Nothing in this
28       subsection shall preclude such juvenile offender from accessing
29       services provided by the department of social and rehabilitation
30       services or any other state agency if such juvenile is eligible for
31       such services.
32             (e) (e) The provisions of this code shall govern with respect to of-
33       fenses committed on or after July 1, 1997.
34             Sec.  2. K.S.A. 1998 Supp. 38-1624 is hereby amended to read as
35       follows: 38-1624. (a) By a law enforcement officer. A law enforcement
36       officer may take an alleged juvenile offender into custody when:
37             (1) Any offense has been or is being committed by the juvenile in the
38       officer's view;
39             (2) the officer has a warrant commanding that the juvenile be taken
40       into custody;
41             (3) the officer has probable cause to believe that a warrant or order
42       commanding that the juvenile be taken into custody has been issued in
43       this state or in another jurisdiction for an act committed therein;

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  1             (4) the officer has probable cause to believe that the juvenile is com-
  2       mitting or has committed an act which, if committed by an adult, would
  3       constitute:
  4             (A) A felony; or
  5             (B) a misdemeanor and (i) the juvenile will not be apprehended or
  6       evidence of the offense will be irretrievably lost unless the juvenile is
  7       immediately taken into custody or (ii) the juvenile may cause injury to
  8       self or others or damage to property or may be injured unless immediately
  9       taken into custody; or
10             (5) the officer has probable cause to believe that the juvenile has
11       violated an order for electronic monitoring as a term of probation.
12             (b) By a court services officer or juvenile community corrections of-
13       ficer. A court services officer or juvenile community corrections officer
14       may take a juvenile into custody when there is a warrant commanding
15       that the juvenile be taken into custody, when the court services officer
16       has probable cause to believe that a warrant or order commanding that
17       the juvenile be taken into custody has been issued in this state or in
18       another jurisdiction for an act committed therein or when there is prob-
19       able cause to believe that the juvenile has violated an order for electronic
20       monitoring as a term of probation.
21             (c) Procedure.  (1) When any law enforcement officer takes an al-
22       leged juvenile offender into custody, the juvenile shall be taken without
23       unnecessary delay to an intake and assessment worker if an intake and
24       assessment program exists in the jurisdiction, or before the court for pro-
25       ceedings in accordance with this code or, if the court is not open for the
26       regular conduct of business, to a court services officer, a juvenile intake
27       and assessment worker, a juvenile detention facility or youth residential
28       facility which the court or the commissioner shall have designated. If such
29       juvenile is taken to an intake and assessment worker, such worker may
30       deliver the juvenile to a facility as established in subsection (e)(3) of K.S.A.
31       75-7023, and amendments thereto. The officer or worker shall not take
32       the juvenile to a juvenile detention facility unless the juvenile meets one
33       or more of the criteria listed in K.S.A. 38-1640, and amendments thereto.
34       Even if the juvenile meets one or more of such criteria, the officer or
35       worker shall first consider whether taking the juvenile to an available
36       nonsecure facility is more appropriate.
37             (2) It shall be the duty of the officer to furnish the county or district
38       attorney or the juvenile intake and assessment worker if the officer has
39       delivered such juvenile to the worker, with all of the information in the
40       possession of the officer pertaining to the juvenile; the juvenile's parents,
41       or other persons interested in or likely to be interested in the juvenile;
42       and all other facts and circumstances which caused the juvenile to be
43       arrested or taken into custody.

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  1             (3)  (A) When the juvenile is less than 14 years of age, no in-custody
  2       or arrest admission or confession resulting from interrogation may be
  3       admitted into evidence unless the confession or admission was made fol-
  4       lowing a consultation between the juvenile and the juvenile's parents,
  5       guardian or attorney as to whether the juvenile will waive such juvenile's
  6       right to an attorney and right against self-incrimination. It shall be the
  7       duty of the facility where the juvenile has been delivered to make a rea-
  8       sonable effort to contact the parent or guardian immediately upon such
  9       juvenile's arrival unless such parent or guardian is the alleged victim or
10       alleged co-defendant codefendant of the crime under investigation.
11             (B) When a parent or guardian is the alleged victim or alleged co-
12       defendant codefendant of the crime under investigation and the juvenile
13       is less than 14 years of age, no in-custody or arrest admission or confession
14       may be admitted into evidence unless the confession or admission was
15       made following a consultation between the juvenile and a parent or guard-
16       ian who is not involved in the investigation of the crime, or an attorney
17       as to whether the juvenile will waive such juvenile's right to an attorney
18       and right against self-incrimination. It shall be the duty of the facility
19       where the juvenile has been delivered to make reasonable effort to con-
20       tact a parent or guardian who is not involved in the investigation of the
21       crime immediately upon such juvenile's arrival.
22             (d) Release prior to detention hearing. In the absence of a court order
23       to the contrary, the court or officials designated by the court, the county
24       or district attorney or the law enforcement agency taking a juvenile into
25       custody shall have the authority to direct the release of the juvenile prior
26       to the time specified by subsection (a) of K.S.A. 38-1632 and amendments
27       thereto. In addition, if an agreement is established pursuant to K.S.A. 38-
28       1635, and amendments thereto, a juvenile intake and assessment worker
29       shall have the authority to direct the release of a juvenile prior to a de-
30       tention hearing after the completion of the intake and assessment process
31       if the juvenile intake and assessment worker has reason to believe that if
32       released the juvenile will appear for further proceedings and will not be
33       dangerous to self or others.
34             (e) Person 18 or over taken into custody; detention and release.
35       Whenever a person 18 years of age or more is taken into custody by a
36       law enforcement officer for an alleged offense which was committed prior
37       to the time the person reached the age of 18, the officer shall notify and
38       refer the matter to the court for proceedings pursuant to this code, except
39       that the provisions of this code relating to detention hearings shall not
40       apply to that person. If detention is necessary, the person shall be de-
41       tained in jail. Unless the law enforcement officer took the person into
42       custody pursuant to a warrant issued by the court and the warrant spec-
43       ifies the amount of bond or indicates that the person may be released on

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  1       personal recognizance, the person shall be taken before the court of the
  2       county where the alleged act took place or, at the request of the person,
  3       the person shall be taken, without delay, before the nearest court. The
  4       court shall fix the terms and conditions of an appearance bond upon which
  5       the person may be released from custody. The provisions of article 28 of
  6       chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and
  7       amendments thereto relating to appearance bonds and review of condi-
  8       tions and release shall be applicable to appearance bonds provided for in
  9       this section.
10             (f) Definitions. As used in this section, "custody" means (1) detention
11       of a juvenile or (2) the arrest or detention of a juvenile in a facility for
12       holding persons charged or adjudicated as a juvenile offender.
13             Sec.  3. K.S.A. 1998 Supp. 38-1636 is hereby amended to read as
14       follows: 38-1636. (a) (1) Except as provided further, at any time after
15       commencement of proceedings under this code against a respondent and
16       prior to the beginning of an evidentiary hearing at which the court may
17       enter a sentence as provided in K.S.A. 38-1655, and amendments thereto,
18       the county or district attorney may file a motion requesting that the court
19       authorize prosecution of the respondent as an adult under the applicable
20       criminal statute. The respondent shall be presumed to be a juvenile unless
21       good cause is shown to prosecute the respondent as an adult.
22             (2) At any time after commencement of proceedings under this code
23       against a respondent who was: (A) 14, 15, 16 or 17 years of age at the
24       time of the offense or offenses alleged in the complaint, if any such of-
25       fense (i) if committed by an adult, would constitute an offgrid offense, a
26       person felony, a nondrug severity level 1 through 6 felony or any drug
27       severity level 1 or 2 felony; or (ii) was committed while in possession of
28       a firearm; or (B) charged with a felony or with more than one offense of
29       which one or more constitutes a felony after having been adjudicated or
30       convicted in a separate prior juvenile proceeding as having committed an
31       offense which would constitute a felony if committed by an adult and the
32       adjudications or convictions occurred prior to the date of the commission
33       of the new act charged and prior to the beginning of an evidentiary hear-
34       ing at which the court may enter a sentence as provided in K.S.A. 38-
35       1655, and amendments thereto, the county or district attorney may file a
36       motion requesting that the court authorize prosecution of the respondent
37       as an adult under the applicable criminal statute. The respondent shall
38       be presumed to be an adult. The burden of proof is on the respondent
39       to rebut the presumption.
40             (3) At any time after commencement of proceedings under this code
41       against a respondent and prior to the beginning of an evidentiary hearing
42       at which the court may enter a sentence as provided in K.S.A. 38-1655,
43       and amendments thereto, the county or district attorney may file a motion

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  1       requesting that the court designate the proceedings as an extended juris-
  2       diction juvenile prosecution as provided further. If the county or district
  3       attorney files a motion to designate the proceedings as an extended ju-
  4       risdiction juvenile prosecution and the respondent was 14, 15, 16 or 17
  5       years of age at the time of the offense or offenses alleged in the complaint
  6       and: (A) charged with an offense (i) if committed by an adult, would
  7       constitute an offgrid felony, a person felony, a nondrug severity level 1
  8       through 6 felony or any drug severity level 1 or 2 felony; or (ii) was
  9       committed while in possession of a firearm; or (B) charged with a felony
10       or with more than one offense of which one or more constitutes a felony
11       after having been adjudicated or convicted in a separate prior juvenile
12       proceeding as having committed an act which would constitute a felony
13       if committed by an adult and the adjudications or convictions occurred
14       prior to the date of the commission of the new offense charged, the
15       burden of proof is on the respondent to rebut the designation of an ex-
16       tended jurisdiction juvenile prosecution. In all other motions requesting
17       that the court designate the proceedings as an extended jurisdiction ju-
18       venile prosecution, the respondent is presumed to be a juvenile. The
19       burden of proof is on the prosecutor to prove the respondent should be
20       designated as an extended jurisdiction juvenile.
21             (b) The motion also may contain a statement that the prosecuting
22       attorney will introduce evidence of the offenses alleged in the complaint
23       and request that, on hearing the motion and authorizing prosecution as
24       an adult or designating the proceedings as an extended jurisdiction ju-
25       venile prosecution under this code, the court may make the findings re-
26       quired in a preliminary examination provided for in K.S.A. 22-2902, and
27       amendments thereto, and the finding that there is no necessity for further
28       preliminary examination.
29             (c)  (1) Upon receiving a motion as established in subsection (a), the
30       court shall set a time and place for hearing on the motion. The court shall
31       give notice of the hearing to the respondent, each parent of the respon-
32       dent, if service is possible, and the attorney representing the respondent.
33       The motion shall be heard and determined prior to any further proceed-
34       ings on the complaint.
35             (2) At the hearing, the court shall inform the respondent of the
36       following:
37             (A) The nature of the charges in the complaint;
38             (B) the right of the respondent to be presumed innocent of each
39       charge;
40             (C) the right to trial without unnecessary delay and to confront and
41       cross-examine witnesses appearing in support of the allegations of the
42       complaint;
43             (D) the right to subpoena witnesses;

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

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  1       which the respondent is charged. In that case, the court shall direct the
  2       respondent be prosecuted under the applicable criminal statute and that
  3       the proceedings filed under this code be dismissed.
  4             (2) The court may designate the proceeding as an extended jurisdic-
  5       tion juvenile prosecution upon completion of the hearing if the respon-
  6       dent has failed to rebut the presumption or the court finds that there is
  7       substantial evidence that the respondent should be prosecuted under an
  8       extended jurisdiction juvenile prosecution. A juvenile who is the subject
  9       of an extended jurisdiction juvenile prosecution shall have the right to a
10       trial by jury, to the effective assistance of counsel and to all other rights
11       of a defendant pursuant to the Kansas code of criminal procedure. Each
12       court shall adopt local rules to establish the basic procedures for extended
13       juvenile jurisdiction prosecution in their jurisdictions.
14             (3) After a proceeding in which prosecution as an adult is requested
15       pursuant to subsection (a)(2), and prosecution as an adult is not author-
16       ized, the court may designate the proceedings to be an extended juvenile
17       jurisdiction prosecution. A juvenile who is the subject of an extended
18       juvenile jurisdiction prosecution shall have the right to a trial by jury, to
19       the effective assistance of counsel and to all other rights of a defendant
20       pursuant to the Kansas code of criminal procedure. Each court shall adopt
21       local rules to establish the basic procedures for extended juvenile juris-
22       diction prosecution in their jurisdictions.
23             (g) If the respondent is present in court and the court also finds from
24       the evidence that it appears a felony has been committed and that there
25       is probable cause to believe the felony has been committed by the re-
26       spondent, the court may direct that there is no necessity for further pre-
27       liminary examination on the charges as provided for in K.S.A. 22-2902,
28       and amendments thereto. In that case, the court shall order the respon-
29       dent bound over to the district judge having jurisdiction to try the case.
30             (h) If the respondent is convicted, the authorization for prosecution
31       as an adult shall attach and apply to any future acts by the respondent
32       which are or would be cognizable under this code.
33             (i) If the respondent is prosecuted as an adult under subsection (a)(2)
34       and is not convicted in adult court of an offense listed in subsection (a)(2)
35       but is convicted or adjudicated of a lesser included offense, the respon-
36       dent shall be a juvenile offender and receive a sentence pursuant to K.S.A.
37       38-1663, and amendments thereto.
38             Sec.  4. K.S.A. 1998 Supp. 38-1640 is hereby amended to read as
39       follows: 38-1640. (a) Except as provided in subsection (b), the following
40       are criteria for determining whether to place a juvenile in a juvenile de-
41       tention facility pursuant to subsection (c) of K.S.A. 38-1624 or subsection
42       (e) of K.S.A. 38-1632, and amendments thereto:
43             (1) There is oral or written verification that the juvenile is a fugitive

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  1       sought for an offense in another jurisdiction or that the juvenile is cur-
  2       rently an escapee from a juvenile detention facility.
  3             (2) The juvenile is alleged to have committed an offense which if
  4       committed by an adult would constitute a class A, B or C felony if com-
  5       mitted prior to July 1, 1993, or would constitute an off-grid felony, a
  6       nondrug severity level 1, 2, 3, 4 or 5 felony or drug level 1, 2 or 3 felony
  7       if committed on or after July 1, 1993, or would constitute a crime de-
  8       scribed in article 35 of chapter 21 of the Kansas Statutes Annotated.
  9             (3) The juvenile is awaiting court action on another offense which if
10       committed by an adult would constitute a felony.
11             (4) The juvenile has a record of failure to appear in court or there is
12       probable cause to believe that the juvenile will flee the jurisdiction of the
13       court.
14             (5) The juvenile has a history of violent behavior toward others.
15             (6) The juvenile exhibited seriously assaultive or destructive behavior
16       at the time of being taken into custody and continued such behavior after
17       taken into custody.
18             (7) The juvenile exhibited self-destructive behavior at the time of
19       being taken into custody and continued such behavior after taken into
20       custody.
21             (8) The juvenile has a record of adjudication or conviction of one or
22       more offenses which if committed by an adult would constitute felonies.
23             (9) The juvenile is a juvenile offender who has been expelled from
24       placement in a nonsecure facility as a result of the current alleged offense.
25             (b) The court, after consultation with the county or district attorney
26       and the juvenile intake and assessment worker, may place the juvenile in
27       a juvenile detention facility if the court determines that absent the findings
28       listed in subsection (a), the most appropriate placement for such juvenile
29       is a juvenile detention facility.
30             (c) No person 18 years of age or more shall be placed in a juvenile
31       detention center.
32             (c) (d) This section shall be part of and supplemental to the Kansas
33       juvenile justice code.
34             Sec.  5. K.S.A. 1998 Supp. 38-1663, as amended by section 8 of chap-
35       ter 187 of the 1998 Session Laws of Kansas, is hereby amended to read
36       as follows: 38-1663. (a) When a respondent has been adjudicated to be a
37       juvenile offender, the judge may select from the following alternatives:
38             (1) Place the juvenile offender on probation for a fixed period, subject
39       to the terms and conditions the court deems appropriate, including a
40       requirement of making restitution as required by subsection (d).
41             (2) Place the juvenile offender in the custody of a parent or other
42       suitable person, subject to the terms and conditions the court orders,
43       including a requirement of making restitution as required by subsection

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  1       (d).
  2             (3) Place the juvenile offender in the custody of a youth residential
  3       facility, subject to the terms and conditions the court orders.
  4             (4) Place the juvenile offender in the custody of the commissioner.
  5             (5) Commit the juvenile offender to a sanctions house for a period
  6       no longer than seven days. Following such period, the court shall review
  7       the placement. The court may continue to recommit the juvenile offender
  8       to a sanctions house for a period no longer than seven days followed by
  9       a court review. Commitment to a sanctions house shall not exceed 28
10       consecutive total days for the same act or transaction. If in the adjudi-
11       cation order, the court orders a sanctions house placement for a verifiable
12       probation violation and such probation violation occurs, the juvenile may
13       immediately be taken to a sanctions house and detained for no more than
14       48 hours, excluding Saturdays, Sundays and holidays, prior to court
15       review of the placement. The court and all other interested parties shall
16       be notified of the sanctions house placement. An offender over 18 years
17       of age or less than 23 years of age at sentencing may be committed to a
18       county jail, in lieu of a sanctions house, under the same time restrictions
19       imposed by this paragraph. No offender may be committed under this
20       paragraph unless such offender has violated the terms of probation.
21             (6) Commit the juvenile offender to a community based program
22       available in such judicial district subject to the terms and conditions the
23       court orders.
24             (7) Impose any appropriate combination of paragraphs (1) through
25       (6) of this subsection and make other orders directed to the juvenile
26       offender as the court deems appropriate.
27             (8) Commit the juvenile offender to a juvenile correctional facility if
28       the juvenile offender:
29             (A)  Previously has been adjudicated as a juvenile offender under this
30       code or under the Kansas juvenile offender code as it existed prior to July
31       1, 1997, for an offense which, if committed by an adult, would constitute
32       a felony, a class A misdemeanor, a class B person or nonperson select
33       misdemeanor or a class C person misdemeanor; or
34             (B) has been adjudicated a juvenile offender as a result of having
35       committed an offense which, if committed by a person 18 years of age or
36       over, would constitute a class A, B or C felony as defined by the Kansas
37       criminal code or, if done on or after July 1, 1993, would constitute an off-
38       grid crime or a nondrug crime ranked in severity level 1 through 5 or a
39       drug crime ranked in severity level 1 through 3.
40             (9) Place the juvenile offender under a house arrest program admin-
41       istered by the court pursuant to K.S.A. 21-4603b, and amendments
42       thereto.
43             (b)  (1) In addition to any other order authorized by this section, the

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

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

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  1       previously surrendered by such licensee. In the event such license has
  2       expired, such juvenile offender may apply to the division for a new license,
  3       which shall be issued immediately by the division upon payment of the
  4       proper fee and satisfaction of the other conditions established by law,
  5       unless such juvenile offender's privilege to operate a motor vehicle on
  6       the streets and highways of this state has been suspended or revoked
  7       prior thereto. If any juvenile offender shall violate any of the conditions
  8       imposed under this subsection, such juvenile offender's driver's license
  9       or privilege to operate a motor vehicle on the streets and highways of this
10       state shall be revoked for a period as determined by the court in which
11       such juvenile offender is convicted of violating such conditions.
12             (d) Whenever a juvenile offender is placed pursuant to subsection
13       (a)(1) or (2), the court, unless it finds compelling circumstances which
14       would render a plan of restitution unworkable, shall order the juvenile
15       offender to make restitution to persons who sustained loss by reason of
16       the offense. The restitution shall be made either by payment of an amount
17       fixed by the court or by working for the persons in order to compensate
18       for the loss. If the court finds compelling circumstances which would
19       render a plan of restitution unworkable, the court may order the juvenile
20       offender to perform charitable or social service for organizations perform-
21       ing services for the community.
22             Nothing in this subsection shall be construed to limit a court's authority
23       to order a juvenile offender to make restitution or perform charitable or
24       social service under circumstances other than those specified by this sub-
25       section or when placement is made pursuant to subsection (a)(3) or (4).
26             (e) In addition to or in lieu of any other order authorized by this
27       section, the court may order a juvenile offender to pay a fine not exceed-
28       ing $250 for each offense. In determining whether to impose a fine and
29       the amount to be imposed, the court shall consider the following:
30             (1) Imposition of a fine is most appropriate in cases where the juve-
31       nile offender has derived pecuniary gain from the offense.
32             (2) The amount of the fine should be related directly to the serious-
33       ness of the juvenile offender's offense and the juvenile offender's ability
34       to pay.
35             (3) Payment of a fine may be required in a lump sum or installments.
36             (4) Imposition of a restitution order is preferable to imposition of a
37       fine.
38             (5) The juvenile offender's duty of payment should be limited in du-
39       ration and in no event should the time necessary for payment exceed the
40       maximum term which would be authorized if the offense had been com-
41       mitted by an adult.
42             (f) In addition to or in lieu of any other order authorized by this
43       section, if a juvenile is adjudicated to be a juvenile offender by reason of

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  1       a violation of K.S.A. 41-719, 41-727, 65-4101 through 65-4164 or K.S.A.
  2       1998 Supp. 8-1599, and amendments thereto, the court shall order the
  3       juvenile offender to submit to and complete an alcohol and drug evalu-
  4       ation by a community-based alcohol and drug safety action program cer-
  5       tified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a
  6       fee not to exceed the fee established by that statute for such evaluation.
  7       The court may waive such evaluation if the court finds that the juvenile
  8       offender has completed successfully an alcohol and drug evaluation, ap-
  9       proved by the community-based alcohol and drug safety action program,
10       within 12 months before sentencing. If such evaluation occurred more
11       than 12 months before sentencing, the court shall order the juvenile of-
12       fender to resubmit to and complete such evaluation and program as pro-
13       vided herein. If the court finds that the juvenile offender and those legally
14       liable for the offender's support are indigent, the fee may be waived. In
15       no event shall the fee be assessed against the commissioner or the juvenile
16       justice authority. The court may require the parent or guardian of the
17       juvenile offender to attend such program with the juvenile offender.
18             (g) The board of county commissioners of a county may provide by
19       resolution that the parents or guardians of any juvenile offender placed
20       under a house arrest program pursuant to subsection (a)(9) shall be re-
21       quired to pay to the county the cost of such house arrest program. The
22       board of county commissioners shall prepare a sliding financial scale
23       based on the ability of the parents to pay for such a program.
24             (h) In addition to any other order authorized by this section, if child
25       support has been requested and the parent or parents have a duty to
26       support the respondent the court may order, and when custody is placed
27       with the commissioner shall order, one or both parents to pay child sup-
28       port. The court shall determine, for each parent separately, whether the
29       parent already is subject to an order to pay support for the respondent.
30       If the parent currently is not ordered to pay support for the respondent
31       and the court has personal jurisdiction over the parent, the court shall
32       order the parent to pay child support in an amount determined under
33       K.S.A. 38-16,117, and amendments thereto. Except for good cause
34       shown, the court shall issue an immediate income withholding order pur-
35       suant to K.S.A. 23-4,105 et seq., and amendments thereto, for each parent
36       ordered to pay support under this subsection, regardless of whether a
37       payor has been identified for the parent. A parent ordered to pay child
38       support under this subsection shall be notified, at the hearing or other-
39       wise, that the child support order may be registered pursuant to K.S.A.
40       38-16,119, and amendments thereto. The parent also shall be informed
41       that, after registration, the income withholding order may be served on
42       the parent's employer without further notice to the parent and the child
43       support order may be enforced by any method allowed by law. Failure

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  1       to provide this notice shall not affect the validity of the child support
  2       order.
  3             (i) Any order issued by the judge pursuant to this section shall be in
  4       effect immediately upon entry into the court's journal.
  5             (j) In addition to the requirements of K.S.A. 38-1671, and amend-
  6       ments thereto, if a person is under 18 years of age and convicted of a
  7       felony or adjudicated as a juvenile offender for an offense if committed
  8       by an adult would constitute the commission of a felony, the court shall
  9       forward a signed copy of the journal entry to the commissioner within 30
10       days of final disposition.
11             (k) The sentencing hearing shall be open to the public as provided in
12       K.S.A. 38-1652, and amendments thereto.
13             Sec.  6. K.S.A. 1998 Supp. 38-1675 is hereby amended to read as
14       follows: 38-1675. (a) Unless a juvenile is sentenced pursuant to an ex-
15       tended jurisdiction juvenile prosecution upon court order, and the com-
16       missioner transfers the juvenile offender to the custody of the secretary
17       of corrections, when a juvenile offender has reached the age 23 years or
18       has completed the prescribed term of incarceration at a juvenile correc-
19       tional facility together with any conditional release following the program,
20       the commissioner shall discharge the juvenile offender from any further
21       obligation under the commitment. Prior to the discharge, the commis-
22       sioner shall consider any recommendations made by the juvenile of-
23       fender's juvenile community corrections officer. The discharge shall op-
24       erate as a full and complete release from any obligations imposed on the
25       juvenile offender arising from the offense for which the juvenile offender
26       was committed.
27             (b) At least 45 days prior to the discharge of the juvenile offender,
28       the juvenile justice authority shall notify the court and the county or
29       district attorney of the county where the offender was adjudicated a ju-
30       venile offender of the discharge of such juvenile offender, if such juvenile
31       offender's offense would have constituted a class A, B or C felony before
32       July 1, 1993, or an off-grid felony, a nondrug crime ranked at severity
33       level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, on
34       or after July 1, 1993, if committed by an adult. The county or district
35       attorney shall give written notice at least 30 days prior to the discharge
36       of the juvenile offender to: (1) Any victim of the juvenile offender's crime
37       who is alive and whose address is known to the court or, if the victim is
38       deceased, to the victim's family if the family's address is known to the
39       court; (2) the local law enforcement agency; and (3) the school district in
40       which the juvenile offender will be residing if the juvenile is still required
41       to attend a secondary school. Failure to notify pursuant to this section
42       shall not be a reason to postpone a discharge. Nothing in this section shall
43       create a cause of action against the state or county or an employee of the

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  1       state or county acting within the scope of the employee's employment as
  2       a result of the failure to notify pursuant to this section.
  3             Sec.  7. K.S.A. 1998 Supp. 38-16,129 is hereby amended to read as
  4       follows: 38-16,129. On and after July 1, 1999: (a) For the purpose of
  5       sentencing juvenile offenders, the following placements may be applied
  6       by the judge in felony or misdemeanor cases for offenses committed on
  7       or after July 1, 1999. If used, the court shall establish a specific term of
  8       commitment.
  9             (1) Violent Offenders. (A) The violent offender I is defined as an
10       offender adjudicated as a juvenile offender for an offense which, if com-
11       mitted by an adult, would constitute an off-grid felony. Offenders in this
12       category may be committed to a juvenile correctional facility for a mini-
13       mum term of 60 months and up to a maximum term of the offender
14       reaching the age of 22 years, six months. The aftercare term for this
15       offender is set at a minimum term of six months and up to a maximum
16       term of the offender reaching the age of 23 years.
17             (B) The violent offender II is defined as an offender adjudicated as
18       a juvenile offender for an offense which, if committed by an adult, would
19       constitute a nondrug level 1, 2 or 3 felony. Offenders in this category may
20       be committed to a juvenile correctional facility for a minimum term of
21       24 months and up to a maximum term of the offender reaching the age
22       22 years, six months. The aftercare term for this offender is set at a min-
23       imum term of six months and up to a maximum term of the offender
24       reaching the of age 23 years.
25             (2) Serious Offenders. (A) The serious offender I is defined as an
26       offender adjudicated as a juvenile offender for an offense which, if com-
27       mitted by an adult, would constitute a nondrug severity level 4, 5 or 6
28       person felony or a severity level 1 or 2 drug felony. Offenders in this
29       category may be committed to a juvenile correctional facility for a mini-
30       mum term of 18 months and up to a maximum term of 36 months. The
31       aftercare term for this offender is set at a minimum term of six months
32       and up to a maximum term of 24 months.
33             (B) The serious offender II is defined as an offender adjudicated as
34       a juvenile offender for an offense which, if committed by an adult, would
35       constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
36       prior felony adjudication. Offenders in this category may be committed
37       to a juvenile correctional facility for a minimum term of nine months and
38       up to a maximum term of 18 months. The aftercare term for this offender
39       is set at a minimum term of six months and up to a maximum term of 24
40       months.
41             (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
42       defined as an offender adjudicated as a juvenile offender for an offense
43       which, if committed by an adult, would constitute:

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

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  1       propriate community placement for a minimum term of three months
  2       and up to a maximum term of six months. The aftercare term for this
  3       offender is set at a minimum term of two months and up to a maximum
  4       term of six months, or the maximum term of the original aftercare term,
  5       whichever is longer.
  6             (b) As used in this section: (1) "Placement failure" means a juvenile
  7       offender has been placed out-of-home on probation in a community
  8       placement accredited by the commissioner in a juvenile offender case
  9       and the offender has violated significantly the terms of probation in that
10       case.
11             (2) "Adjudication" includes out-of-state juvenile adjudications. An
12       out-of-state offense which if committed by an adult would constitute the
13       commission of a felony or misdemeanor shall be classified as either a
14       felony or a misdemeanor according to the adjudicating jurisdiction. If an
15       offense which if committed by an adult would constitute the commission
16       of a felony is a felony in another state, it will be deemed a felony in Kansas.
17       The state of Kansas shall classify the offense, which if committed by an
18       adult would constitute the commission of a felony or misdemeanor, as
19       person or nonperson. In designating such offense as person or nonperson,
20       reference to comparable offenses shall be made. If the state of Kansas
21       does not have a comparable offense, the out-of-state adjudication shall
22       be classified as a nonperson offense.
23             (c) All appropriate community placement options shall have been ex-
24       hausted before a chronic offender III, escalating misdemeanant shall be
25       placed in a juvenile correctional facility. A court finding shall be made
26       acknowledging that appropriate community placement options have been
27       pursued and no such option is appropriate.
28             (d) The commissioner shall work with the community to provide on-
29       going support and incentives for the development of additional commu-
30       nity placements to ensure that the chronic offender III, escalating mis-
31       demeanant sentencing category is not frequently utilized.
32             (e) For the purposes of placing a juvenile pursuant to this section,
33       when the offense, which if committed by an adult, would increase the
34       adult sentence from a misdemeanor to a felony, the prior juvenile mis-
35       demeanor adjudications shall increase the current adjudication to a
36       felony.
37             (f) The placements established in this section are not mandatory but
38       discretionary with the court. In establishing an appropriate sentence for
39       a juvenile offender, in addition to reviewing the offense committed, the
40       court may also evaluate the individual treatment needs of each juvenile
41       offender.
42             Sec.  8. K.S.A. 1998 Supp. 46-2801 is hereby amended to read as
43       follows: 46-2801. (a) There is hereby created the joint committee on cor-

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  1       rections and juvenile justice oversight which shall be within the legislative
  2       branch of state government and which shall be composed of no more
  3       than seven members of the senate and seven members of the house of
  4       representatives.
  5             (b) The senate members shall be appointed by the president and the
  6       minority leader. The two major political parties shall have proportional
  7       representation on such committee. In the event application of the pre-
  8       ceding sentence results in a fraction, the party having a fraction exceeding
  9       .5 shall receive representation as though such fraction were a whole
10       number.
11             (c) The seven representative members shall be appointed as follows:
12             (1) Two members shall be members of the majority party who are
13       members of the house committee on appropriations and shall be ap-
14       pointed by the speaker;
15             (2) two members shall be members of the minority party who are
16       members of the house committee on appropriations and shall be ap-
17       pointed by the minority leader;
18             (3) two members shall be members of the majority party who are
19       members of the house committee on judiciary and shall be appointed by
20       the speaker; and
21             (4) one member shall be a member of the minority party who is a
22       member of the house committee on judiciary and shall be appointed by
23       the minority leader.
24             (d) Any vacancy in the membership of the joint committee on cor-
25       rections and juvenile justice oversight shall be filled by appointment in
26       the manner prescribed by this section for the original appointment.
27             (e) All members of the joint committee on corrections and juvenile
28       justice oversight shall serve for terms ending on the first day of the regular
29       legislative session in odd-numbered years. The joint committee shall or-
30       ganize annually and elect a chairperson and vice-chairperson in accord-
31       ance with this subsection. During calendar years 1997 and 1999, the chair-
32       person shall be one of the representative members of the joint committee
33       elected by the members of the joint committee and the vice-chairperson
34       shall be one of the senate members elected by the members of the joint
35       committee. During calendar year 1998, the chairperson shall be one of
36       the senate members of the joint committee elected by the members of
37       the joint committee and the vice-chairperson shall be one of the repre-
38       sentative members of the joint committee elected by the members of the
39       joint committee. The vice-chairperson shall exercise all of the powers of
40       the chairperson in the absence of the chairperson. If a vacancy occurs in
41       the office of chairperson or vice-chairperson, a member of the joint com-
42       mittee, who is a member of the same house as the member who vacated
43       the office, shall be elected by the members of the joint committee to fill

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  1       such vacancy. Within 30 days after the effective date of this act, the joint
  2       committee shall organize and elect a chairperson and a vice-chairperson
  3       in accordance with the provisions of this act.
  4             (f) A quorum of the joint committee on corrections and juvenile jus-
  5       tice oversight shall be eight. All actions of the joint committee shall be
  6       by motion adopted by a majority of those present when there is a quorum.
  7             (g) The joint committee on corrections and juvenile justice oversight
  8       may meet at any time and at any place within the state on the call of the
  9       chairperson, vice-chairperson and ranking minority member of the house
10       of representatives when the chairperson is a representative or of the sen-
11       ate when the chairperson is a senator.
12             (h) The provisions of the acts contained in article 12 of chapter 46 of
13       the Kansas Statutes Annotated, and amendments thereto, applicable to
14       special committees shall apply to the joint committee on corrections and
15       juvenile justice oversight to the extent that the same do not conflict with
16       the specific provisions of this act applicable to the joint committee.
17             (i) In accordance with K.S.A. 46-1204 and amendments thereto, the
18       legislative coordinating council may provide for such professional services
19       as may be requested by the joint committee on corrections and juvenile
20       justice oversight.
21             (j) The joint committee on corrections and juvenile justice oversight
22       may introduce such legislation as it deems necessary in performing its
23       functions.
24             (k) In addition to other powers and duties authorized or prescribed
25       by law or by the legislative coordinating council, the joint committee on
26       corrections and juvenile justice oversight shall:
27             (1) Monitor the inmate population and review and study the pro-
28       grams, activities and plans of the department of corrections regarding the
29       duties of the department of corrections that are prescribed by statute,
30       including the implementation of expansion projects, the operation of cor-
31       rectional, food service and other programs for inmates, community cor-
32       rections, parole and the condition and operation of the correctional in-
33       stitutions and other facilities under the control and supervision of the
34       department of corrections;
35             (2) monitor the establishment of the juvenile justice authority and
36       review and study the programs, activities and plans of the juvenile justice
37       authority regarding the duties of the juvenile justice authority that are
38       prescribed by statute, including the responsibility for the care, custody,
39       control and rehabilitation of juvenile offenders and the condition and
40       operation of the state juvenile correctional facilities under the control and
41       supervision of the juvenile justice authority;
42             (3) review and study the adult correctional programs and activities
43       and facilities of counties, cities and other local governmental entities,

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  1       including the programs and activities of private entities operating com-
  2       munity correctional programs and facilities and the condition and oper-
  3       ation of jails and other local governmental facilities for the incarceration
  4       of adult offenders;
  5             (4) review and study the juvenile offender programs and activities and
  6       facilities of counties, cities, school districts and other local governmental
  7       entities, including programs for the reduction and prevention of juvenile
  8       crime and delinquency, the programs and activities of private entities
  9       operating community juvenile programs and facilities and the condition
10       and operation of local governmental residential or custodial facilities for
11       the care, treatment or training of juvenile offenders;
12             (5) study the progress and results of the transition of powers, duties
13       and functions from the department of social and rehabilitation services,
14       office of judicial administration and department of corrections to the ju-
15       venile justice authority; and
16             (6) make an annual report to the legislative coordinating council as
17       provided in K.S.A. 46-1207, and amendments thereto, and such special
18       reports to committees of the house of representatives and senate as are
19       deemed appropriate by the joint committee.
20             (l) The provisions of this section shall expire on December 1, 1999
21       2003.
22             Sec.  9. K.S.A. 1998 Supp. 72-1113 is hereby amended to read as
23       follows: 72-1113. (a) Each board of education shall designate one or more
24       employees who shall report to the secretary of social and rehabilitation
25       services, or a designee thereof, all cases of children who are less than 13
26       years of age and are not attending school as required by law, and to the
27       appropriate county or district attorney, or a designee thereof, all cases of
28       children who are 13 or more years of age but less than 18 years of age
29       and are not attending school as required by law. The designation shall be
30       made no later than September 1 of each school year and shall be certified
31       no later than 10 days thereafter by the board of education to the secretary
32       of social and rehabilitation services, or the designee thereof, to the county
33       or district attorney, or the designee thereof, and to the commissioner of
34       education. The commissioner of education shall compile and maintain a
35       list of the designated employees of each board of education.
36             (b) Whenever a child is required by law to attend school, and the
37       child is not enrolled in a public or nonpublic school, the child shall be
38       considered to be not attending school as required by law and a report
39       thereof shall be made in accordance with the provisions of subsection (a)
40       by a designated employee of the board of education of the school district
41       in which the child resides. The provisions of this subsection are subject
42       to the provisions of subsection (d).
43             (c)  (1) Whenever a child is required by law to attend school and is

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  1       enrolled in school, and the child is inexcusably absent therefrom on either
  2       three consecutive school days or five school days in any semester or seven
  3       school days in any school year, whichever of the foregoing occurs first,
  4       the child shall be considered to be not attending school as required by
  5       law. A child is inexcusably absent from school if the child is absent there-
  6       from all or a significant part of a school day without a valid excuse ac-
  7       ceptable to the school employee designated by the board of education to
  8       have responsibility for the school attendance of such child.
  9             (2) Each board of education shall adopt rules for determination of
10       valid excuse for absence from school and for determination of what shall
11       constitute a "significant part of a school day" and for determination of
12       what shall constitute a "significant part of a school day" for the
13       purpose of this section.
14             (3) Each board of education shall designate one or more employees,
15       who shall each be responsible for determining the acceptability and va-
16       lidity of offered excuses for absence from school of specified children, so
17       that a designee is responsible for making such determination for each
18       child enrolled in school.
19             (4) Whenever a determination is made in accordance with the pro-
20       visions of this subsection that a child is not attending school as required
21       by law, the designated employee who is responsible for such determina-
22       tion shall make a report thereof in accordance with the provisions of
23       subsection (a).
24             (5) The provisions of this subsection are subject to the provisions of
25       subsection (d).
26             (d)  (1) Prior to making any report under this section that a child is
27       not attending school as required by law, the designated employee of the
28       board of education shall serve written notice thereof, by personal delivery
29       or by first class mail, upon a parent or person acting as parent of the child.
30       The notice shall inform the parent or person acting as parent that con-
31       tinued failure of the child to attend school without a valid excuse will
32       result in a report being made to the secretary of social and rehabilitation
33       services or to the county or district attorney. Upon failure, on the school
34       day next succeeding personal delivery of the notice or within three school
35       days after the notice was mailed, of attendance at school by the child or
36       of an acceptable response, as determined by the designated employee, to
37       the notice by a parent or person acting as parent of the child, the desig-
38       nated employee shall make a report thereof in accordance with the pro-
39       visions of subsection (a). The designated employee shall submit with the
40       report a certificate verifying the manner in which notice was provided to
41       the parent or person acting as parent.
42             (2) Whenever a law enforcement officer assumes temporary custody
43       of a child who is found away from home or school without a valid excuse

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  1       during the hours school is actually in session, and the law enforcement
  2       officer delivers the child to the school in which the child is enrolled or to
  3       a location designated by the school in which the child is enrolled to ad-
  4       dress truancy issues, the designated employee of the board of education
  5       shall serve notice thereof upon a parent or person acting as parent of the
  6       child. The notice may be oral or written and shall inform the parent or
  7       person acting as parent of the child that the child was absent from school
  8       without a valid excuse and was delivered to school by a law enforcement
  9       officer.
10             (e) Whenever the secretary of social and rehabilitation services re-
11       ceives a report required under this section, the secretary shall investigate
12       the matter. If, during the investigation, the secretary determines that the
13       reported child is not attending school as required by law, the secretary
14       shall institute proceedings under the code for care of children. If, during
15       the investigation, the secretary determines that a criminal prosecution
16       should be considered, the secretary shall make a report of the case to the
17       appropriate law enforcement agency.
18             (f) Whenever a county or district attorney receives a report required
19       under this section, the county or district attorney shall investigate the
20       matter. If, during the investigation, the county or district attorney deter-
21       mines that the reported child is not attending school as required by law,
22       the county or district attorney shall prepare and file a petition alleging
23       that the child is a child in need of care. If, during the investigation, the
24       county or district attorney determines that a criminal prosecution is nec-
25       essary, the county or district attorney shall commence the same.
26             (g) As used in this section, "board: (1) "Board ", board of education"
27       means the board of education of a school district or the governing au-
28       thority of a nonpublic school. (2) "Significant part of a school day" means
29       2 or more classes in a school day. The provisions of this act shall apply to
30       both public and nonpublic schools.
31             Sec.  10. K.S.A. 75-7023 is hereby amended to read as follows: 75-
32       7023. (a) The supreme court through administrative orders shall provide
33       for the establishment of a juvenile intake and assessment system and for
34       the establishment and operation of juvenile intake and assessment pro-
35       grams in each judicial district. On and after July 1, 1997, the secretary of
36       social and rehabilitation services may contract with the commissioner of
37       juvenile justice to provide for the juvenile intake and assessment system
38       and programs for children in need of care. Except as provided further,
39       on and after July 1, 1997, the commissioner of juvenile justice shall prom-
40       ulgate rules and regulations for the juvenile intake and assessment system
41       and programs concerning juvenile offenders. If the commissioner con-
42       tracts with the office of judicial administration to administer the juvenile
43       intake and assessment system and programs concerning juvenile offend-

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  1       ers, the supreme court administrative orders shall be in force until such
  2       contract ends and the rules and regulations concerning juvenile intake
  3       and assessment system and programs concerning juvenile offenders have
  4       been adopted.
  5             (b) No records, reports and information obtained as a part of the
  6       juvenile intake and assessment process may be admitted into evidence in
  7       any proceeding and may not be used in a child in need of care proceeding
  8       except for diagnostic and referral purposes and by the court in considering
  9       dispositional alternatives. However, if the records, reports or information
10       are in regard to abuse or neglect, which is required to be reported under
11       K.S.A. 38-1522, and amendments thereto, such records, reports or infor-
12       mation may then be used for any purpose in a child in need of care
13       proceeding pursuant to the Kansas code for care of children.
14             (c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-
15       1624, and amendments thereto, a juvenile intake and assessment worker
16       shall complete the intake and assessment process as required by supreme
17       court administrative order or district court rule prior to July 1, 1997, or
18       except as provided above rules and regulations established by the com-
19       missioner of juvenile justice on and after July 1, 1997.
20             (d) Except as provided in subsection (g) and in addition to any other
21       information required by the supreme court administrative order, the sec-
22       retary, the commissioner or by the district court of such district, the ju-
23       venile intake and assessment worker shall collect the following
24       information:
25             (1) A standardized risk assessment tool, such as the problem oriented
26       screening instrument for teens;
27             (2) criminal history, including indications of criminal gang
28       involvement;
29             (3) abuse history;
30             (4) substance abuse history;
31             (5) history of prior community services used or treatments provided;
32             (6) educational history;
33             (7) medical history; and
34             (8) family history.
35             (e) After completion of the intake and assessment process for such
36       child, the intake and assessment worker may:
37             (1) Release the child to the custody of the child's parent, other legal
38       guardian or another appropriate adult if the intake and assessment worker
39       believes that it would be in the best interest of the child and it would not
40       be harmful to the child to do so.
41             (2) Conditionally release the child to the child's parent, other legal
42       guardian or another appropriate adult if the intake and assessment worker
43       believes that if the conditions are met, it would be in the child's best

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  1       interest to release the child to such child's parent, other legal guardian
  2       or another appropriate adult; and the intake and assessment worker has
  3       reason to believe that it might be harmful to the child to release the child
  4       to such child's parents, other legal guardian or another appropriate adult
  5       without imposing the conditions. The conditions may include, but not be
  6       limited to:
  7             (A) Participation of the child in counseling;
  8             (B) participation of members of the child's family in counseling;
  9             (C) participation by the child, members of the child's family and other
10       relevant persons in mediation;
11             (D) provision of inpatient treatment for the child;
12             (E) referral of the child and the child's family to the secretary of social
13       and rehabilitation services for services and the agreement of the child and
14       family to accept and participate in the services offered;
15             (F) referral of the child and the child's family to available community
16       resources or services and the agreement of the child and family to accept
17       and participate in the services offered;
18             (G) requiring the child and members of the child's family to enter
19       into a behavioral contract which may provide for regular school attend-
20       ance among other requirements; or
21             (H) any special conditions necessary to protect the child from future
22       abuse or neglect.
23             (3) Deliver the child to an emergency foster care facility, a juvenile
24       detention facility pursuant to K.S.A. 38-1640, and amendments thereto,
25       a shelter facility or a licensed attendant care center along with the law
26       enforcement officer's intake and assessment worker's law enforcement
27       officer's written application. The shelter facility or licensed attendant
28       care Such The shelter facility or licensed attendant care facility shall
29       then have custody as if the child had been directly delivered to the facility
30       by the law enforcement officer pursuant to K.S.A. 38-1528, and amend-
31       ments thereto.
32             (4) Refer the child to the county or district attorney for appropriate
33       proceedings to be filed or refer the child and family to the secretary of
34       social and rehabilitation services for investigations in regard to the
35       allegations.
36             (5) Make recommendations to the county or district attorney con-
37       cerning immediate intervention programs which may be beneficial to the
38       juvenile.
39             (f) The commissioner may adopt rules and regulations which allow
40       local juvenile intake and assessment programs to create a risk assessment
41       tool, as long as such tool meets the mandatory reporting requirements
42       established by the commissioner.
43             (g) Parents, guardians and juveniles may access the juvenile intake

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  1       and assessment programs on a voluntary basis. The parent or guardian
  2       shall be responsible for the costs of any such program utilized. 
  3       Sec.  11. K.S.A. 75-7023 and K.S.A. 1998 Supp. 38-1604, 38-1624,
  4       38-1636, 38-1640, 38-1663, as amended by section 8 of chapter 187 of
  5       the 1998 Session Laws of Kansas, 38-1675, 38-16,129, 46-2801 and 72-
  6       1113 are hereby repealed.
  7        Sec.  12. This act shall take effect and be in force from and after its
  8       publication in the statute book.