Session of 2000
SENATE BILL No. 622
By Committee of Judiciary
2-10
9 AN ACT
concerning juveniles; relating to placement of child in need of
10 care; juvenile
offenders, placement, credit for time spent, notice of
11 release, offender
registration; juvenile correctional staff; amending
12 K.S.A. 38-1568 and
K.S.A. 1999 Supp. 22-4904, 38-1673, 38-1674, 38-
13 1675, 38-1676,
38-1691, 38-16,129 and 75-7023 and repealing the ex-
14 isting sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 1999 Supp. 22-4904 is hereby amended to read as
18 follows: 22-4904. (a) (1) Except as
provided in subsection (a)(2), within
19 10 days of the offender coming into any
county in which the offender
20 resides or is temporarily domiciled for
more than 10 days, the offender
21 shall register with the sheriff of the
county.
22 (2) Within 10
days of the offender coming into any county in which
23 the offender resides or temporarily resides
for more than 10 days, any
24 offender who has provided the information
and completed and signed
25 the registration form as required in K.S.A.
22-4905 and amendments
26 thereto, shall verify with the sheriff of
the county that the sheriff has
27 received such offender's information and
registration form.
28 (3) For persons
required to register as provided in subsection (a)(1),
29 the sheriff shall: (A) Explain the duty to
register and the procedure for
30 registration;
31 (B) obtain the
information required for registration as provided in
32 K.S.A. 22-4907 and amendments thereto;
33 (C) inform the
offender that the offender must give written notice of
34 any change of address within 10 days of a
change in residence to the law
35 enforcement agency where last registered
and the Kansas bureau of
36 investigation;
37 (D) inform the
offender that if the offender changes residence to
38 another state, the offender must inform the
law enforcement agency
39 where last registered and the Kansas bureau
of investigation of such
40 change in residence and must register in
the new state within 10 days of
41 such change in residence; and
42 (E) require the
offender to read and sign the registration form which
43 shall include a statement that the
requirements provided in this subsec-
2
1 tion have been explained to the
offender.
2 (4) Such
sheriff, within three days of receipt of the initial
registration
3 shall forward this information to the
Kansas bureau of investigation.
4
(5) Notwithstanding any other provision of law, if a
diversionary
5 agreement or probation order, either
adult or juvenile, or a juvenile of-
6 fender sentencing order,
requires registration under the Kansas offender
7 registration act then all provisions
of that act shall apply, except that the
8 term of registration shall be
controlled by such diversionary agreement
9 or, probation
order or juvenile offender sentencing order.
10 (b) (1) If
any person required to register as provided in this act
11 changes the address of the person's
residence, the offender, within 10
12 days, shall inform in writing the Kansas
bureau of investigation of the new
13 address.
14 (2) After receipt
of the change of address, the Kansas bureau of in-
15 vestigation shall forward this information
to the law enforcement agency
16 having jurisdiction of the new place of
residence within 10 days of such
17 receipt of the change of address.
18 (c) For any
person required to register as provided in this act, every
19 90 days after the person's initial
registration date during the period the
20 person is required to register, the
following applies:
21 (1) The Kansas
bureau of investigation shall mail a nonforwardable
22 verification form to the last reported
address of the person.
23 (2) The person
shall mail the verification form to the Kansas bureau
24 of investigation within 10 days after
receipt of the form.
25 (3) The
verification form shall be signed by the person, and shall
state
26 that the person still resides at the
address last reported to the Kansas
27 bureau of investigation.
28 (4) If the person
fails to mail the verification form to the Kansas
29 bureau of investigation within 10 days
after receipt of the form, the person
30 shall be in violation of the Kansas
offender registration act.
31 (5) Nothing
contained in this section shall be construed to alleviate
32 any person required to register as provided
in this act from meeting the
33 requirements prescribed in subsection
(a)(1), (a)(2) and (b)(1).
34 Sec.
2. K.S.A. 38-1568 is hereby amended to read as follows:
38-
35 1568. (a) Valid court order. During
proceedings under this code, the court
36 may enter an order directing a child who is
the subject of the proceedings
37 to remain in a present or future placement
if:
38 (1) The court
makes a finding that the child has been adjudicated to
39 be a child in need of care pursuant to: (A)
Subsection (a)(9) or (a)(10) of
40 K.S.A. 38-1502, and amendments thereto; or
(B) any of the subsections
41 (a)(1) through (a)(9)
(a)(8) or (a)(11) of K.S.A. 38-1502, and amendments
42 thereto, and the court determines that the
child is not likely to be available
43 within the jurisdiction of the court for
future proceedings;
3
1 (2) the
child and the child's guardian ad litem are present before
the
2 court at the time the order is
entered; and
3 (3) the
child and the child's guardian ad litem are given adequate
and
4 fair warning, both orally and in
writing, of the consequences of violation
5 of the order and a copy of such
warning is recorded in the official file of
6 the case.
7
(b) Application. Any person may file with the court a
verified appli-
8 cation for a determination that a
child has violated an order entered pur-
9 suant to subsection (a) and for an
order authorizing the holding of such
10 child in a secure facility as provided by
this section. Such application shall
11 state the applicant's belief that the child
has violated a valid court order
12 entered pursuant to subsection (a) and the
specific facts which are relied
13 upon to support the belief.
14 (c) Ex parte
order. Upon the filing of an application in accordance
15 with subsection (b), the court may enter
ex parte an order directing that
16 the child be taken into custody and held in
a secure juvenile detention
17 facility designated by the court if the
court determines that there is prob-
18 able cause to believe the allegations in
the application. The order shall
19 remain in effect for not more than 24 hours
following the child's being
20 taken into custody. The order shall be
served on the child's parents, any
21 legal custodian of the child and the
child's guardian ad litem.
22
(d) Preliminary hearing. Within 24 hours following a
child's being
23 taken into custody pursuant to an order
issued under subsection (c), the
24 court shall hold a hearing to determine
whether the child admits or denies
25 the allegations of the application and, if
the child denies such allegations,
26 whether there is probable cause to hold the
child in a secure facility
27 pending a hearing on the application
pursuant to subsection (e). Notice
28 of the time and place of the preliminary
hearing shall be given orally or
29 in writing to the child's parents, any
legal custodian of the child and the
30 child's guardian ad litem. At the
hearing, the child shall have the right to:
31 (1) Have in writing the alleged violation
and the facts relied upon in the
32 application; (2) a guardian ad litem
pursuant to K.S.A. 38-1505, and
33 amendments thereto; and (3) the right to
confront and present witnesses.
34 If, upon the hearing, the court finds that
the child admits the allegations
35 of the application, the court shall proceed
without delay to hold a hearing
36 on the application pursuant to subsection
(e). If, upon the hearing, the
37 court finds that the child denies the
allegations of the application, the
38 court may enter an order directing that the
child be held in a secure
39 facility pending a hearing pursuant to
subsection (e) if the court finds
40 that there is probable cause to believe
that the child has violated a valid
41 court order entered pursuant to subsection
(a) and that secure detention
42 of the child is necessary for the
protection of the child or to assure the
43 appearance of the child at the hearing on
the application pursuant to
4
1 subsection (e).
2
(e) Hearing on violation of order; authorization. The
court shall hold
3 a hearing on an application filed
pursuant to subsection (b) within 24
4 hours following the child's being
taken into custody, if the child admits
5 the allegations of the application,
or within 72 hours following the child's
6 being taken into custody, if secure
detention of the child is ordered pur-
7 suant to subsection (d). Notice of
the time and place of such hearing shall
8 be given orally or in writing to the
child's parents, any legal custodian of
9 the child and the child's guardian
ad litem. Upon such hearing, the court
10 may enter an order awarding custody of the
child to the secretary, if the
11 secretary does not have legal custody of
the child, and authorizing the
12 secretary to place the child in a secure
juvenile detention facility or secure
13 care facility if the court
determines that:
14 (1) Determines
that the child has been adjudicated to be a child in
15 need of care pursuant to subsection
(a)(9) or (a)(10) of K.S.A. 38-1502,
16 and amendments thereto;
17 (2) determines
that the child has violated a valid court order entered
18 pursuant to subsection (a);
19 (3) determines
that the child has been provided at the hearing with
20 the right to: (A) Have the alleged
violation in writing and served upon
21 the child a reasonable time before the
hearing; (B) a hearing before the
22 court on the issue of placement in a secure
facility; (C) an explanation of
23 the nature and consequences of the
proceeding; (D) a guardian ad litem
24 pursuant to K.S.A. 38-1505, and amendments
thereto; (E) confront and
25 present witnesses; (F) have a transcript or
record of the proceedings; and
26 (G) appeal; and
27 (4) there
is no less restrictive alternative appropriate to the needs
of
28 the juvenile and the
community determines the reasons for the
child's
29 behavior and determines whether all
dispositions other than secure con-
30 finement have been exhausted or are
clearly inappropriate, based on writ-
31 ten a report submitted by the secretary
that reviews the behavior of the
32 child and the circumstances under which
the child was brought before
33 the court and made subject to such
order.
34 Nonoffenders shall
not be placed in secure juvenile detention or secure
35 care facilities for violating a valid
court order. For purposes of this sub-
36 section, nonoffenders means abused or
neglected children.
37 The authorization to
place a child in a juvenile detention facility or a
38 secure care facility pursuant to
this subsection shall expire 60 days, in-
39 cluding Saturdays, Sundays and legal
holidays, after it is issued. The court
40 may grant extensions of such authorization
for two additional periods not
41 exceeding 60 days, including Saturdays,
Sundays and legal holidays, upon
42 rehearing pursuant to K.S.A. 38-1564, and
amendments thereto. Payment
43 by the secretary to a secure facility for
child care services provided pur-
5
1 suant to this subsection shall be
paid only upon receipt by the secretary
2 of a copy of a valid court order.
3
(f) Limitations on facilities used. Nothing in this
section shall author-
4 ize placement of a child in a
juvenile detention facility, except that a child
5 may be held in any such
facility which, if in an adult jail, is in quarters
6 separated by sight and sound
from adult prisoners:
7
(1) When ordered by a court pursuant to subsection (c) or (d),
for
8 not longer than the times
permitted by those subsections; or
9
(2) when ordered by a court pursuant to subsection (e), for
not more
10 than 24 hours following the hearing
provided for by that subsection, ex-
11 cept that nothing in this
subsection shall allow a child to be held in an
12 adult jail for more than 24
hours in an adult jail or lockup. Secure place-
13 ment is limited to juvenile detention
facilities or secure care facilities.
14 (g) Time
limits, computation. Except as otherwise specifically pro-
15 vided by subsection (e), Saturdays, Sundays
and legal holidays shall not
16 be counted in computing any time limit
imposed by this section.
17 (h) This section
shall be part of and supplemental to the Kansas code
18 for care of children.
19 Sec.
3. K.S.A. 1999 Supp. 38-1673 is hereby amended to read as
20 follows: 38-1673. (a) When a juvenile
offender has satisfactorily com-
21 pleted such offender's term of
incarceration at the juvenile correctional
22 facility to which the juvenile offender was
committed or placed, the per-
23 son in charge of the juvenile correctional
facility shall have authority to
24 release the juvenile offender under
appropriate conditions and for a spec-
25 ified period of time. Prior to release from
a juvenile correctional facility,
26 the commissioner shall consider any
recommendations made by the ju-
27 venile offender's juvenile
community corrections community case man-
28 agement officer.
29 (b) At least
15 10 days prior to releasing a juvenile
offender as pro-
30 vided in subsection (a), the person in
charge of the juvenile correctional
31 facility shall notify the committing court
and the county or district attor-
32 ney of the county where the offender was
adjudicated a juvenile offender
33 of the date and conditions upon which it is
proposed the juvenile offender
34 is to be released. If such juvenile
offender's offense would have constituted
35 an off-grid felony, nondrug felony crime
ranked at severity level 1, 2, 3,
36 4 or 5, or a drug felony crime ranked at
severity level 1, 2 or 3, on or
37 after July 1, 1993, if committed by an
adult, the county or district attorney
38 shall give written notice at least five
days prior to the release of the juvenile
39 offender to: (1) Any victim of the
juvenile offender's crime who is alive
40 and whose address is known to the court
or, if the victim is deceased, to
41 the victim's family if the family's
address is known to the court; (2) the
42 local law enforcement agency; and (3)
the school district in which the
43 juvenile offender will be residing if
the juvenile is still required to attend
6
1 a secondary school. Failure to
notify pursuant to this section shall not be
2 a reason to postpone a release.
Nothing in this section shall create a cause
3 of action against the state or
county or an employee of the state or county
4 acting within the scope of the
employee's employment as a result of the
5 failure to notify pursuant to this
section.
6 (c) Upon
receipt of the notice required by subsection (b), the court
7 shall review the proposed conditions
of release and may recommend
8 modifications or additions to the
conditions.
9 (d) If,
during the conditional release, the juvenile offender is not
re-
10 turning to the county from which committed,
the person in charge of the
11 juvenile correctional facility shall also
give notice to the court of the
12 county in which the juvenile offender is to
be residing.
13 (e) To assure
compliance with conditions of release from a juvenile
14 correctional facility, the commissioner
shall have the authority to pre-
15 scribe the manner in which compliance with
the conditions shall be su-
16 pervised. When requested by the
commissioner, the appropriate court
17 may assist in supervising compliance with
the conditions of release during
18 the term of the conditional release. The
commissioner may require the
19 parents or guardians of the juvenile
offender to cooperate and participate
20 with the conditions of release.
21 (f) For acts
committed before July 1, 1999, the juvenile justice au-
22 thority shall notify at least 45 days prior
to the discharge of the juvenile
23 offender the county or district attorney of
the county where the offender
24 was adjudicated a juvenile offender of the
release of such juvenile of-
25 fender, if such juvenile offender's offense
would have constituted a class
26 A, B or C felony before July 1, 1993, or an
off-grid felony, a nondrug
27 crime ranked at severity level 1, 2, 3, 4
or 5 or a drug crime ranked at
28 severity level 1, 2 or 3, on or after July
1, 1993, if committed by an adult.
29 The county or district attorney shall give
written notice at least 30 days
30 prior to the release of the juvenile
offender to: (1) Any victim of the
31 juvenile offender's crime who is alive and
whose address is known to the
32 court or, if the victim is deceased, to the
victim's family if the family's
33 address is known to the court; (2) the
local law enforcement agency; and
34 (3) the school district in which the
juvenile offender will be residing if
35 the juvenile is still required to attend a
secondary school. Failure to notify
36 pursuant to this section shall not be a
reason to postpone a release. Noth-
37 ing in this section shall create a cause of
action against the state or county
38 or an employee of the state or county
acting within the scope of the
39 employee's employment as a result of the
failure to notify pursuant to
40 this section.
41 (g) Conditional
release programs shall include, but not be limited to,
42 the treatment options of aftercare
services.
43 Sec.
4. K.S.A. 1999 Supp. 38-1674 is hereby amended to read as
7
1 follows: 38-1674. If it is alleged
that a juvenile offender who has been
2 conditionally released from a
juvenile correctional facility has failed to
3 obey the specified conditions of
release, any officer assigned to supervise
4 compliance with the conditions of
release or the county or district attor-
5 ney may file a motion with the
committing court or the court of the county
6 in which the juvenile offender is
residing. The motion shall describe the
7 alleged violation and request a
hearing thereon. The court shall then
8 proceed in the same manner and under
the same procedure as provided
9 for a hearing on a complaint filed
under this code. If the court finds that
10 a condition of release has been violated,
the court may modify or impose
11 additional conditions of release that the
court considers appropriate, ex-
12 tend the term of the conditional
release or order that the juvenile offender
13 be returned to the juvenile correctional
facility until discharged by the
14 commissioner as determined by the
placement matrix and the court's
15 determination of the specified term
of incarceration to serve the condi-
16 tional release revocation incarceration
and after care term set by the court
17 pursuant to the placement matrix as
provided in K.S.A. 1999 Supp. 38-
18 16,129, and amendments thereto.
19 Sec.
5. K.S.A. 1999 Supp. 38-1675 is hereby amended to read as
20 follows: 38-1675. (a) Unless a juvenile is
sentenced pursuant to an ex-
21 tended jurisdiction juvenile prosecution
upon court order, and the com-
22 missioner transfers the juvenile offender
to the custody of the secretary
23 of corrections, when a juvenile offender
has reached the age 23 years or
24 has completed the prescribed term of
incarceration at a juvenile correc-
25 tional facility together with any
conditional release following the program,
26 the commissioner shall discharge the
juvenile offender from any further
27 obligation under the commitment. The
discharge shall operate as a full
28 and complete release from any obligations
imposed on the juvenile of-
29 fender arising from the offense for which
the juvenile offender was
30 committed.
31 (b) For acts
committed before July 1, 1999, at least 45 days prior to
32 the discharge of the juvenile offender, the
juvenile justice authority shall
33 notify the court and the county or district
attorney of the county where
34 the offender was adjudicated a juvenile
offender of the discharge of such
35 juvenile offender, if such juvenile
offender's offense would have consti-
36 tuted a class A, B or C felony before July
1, 1993, or an off-grid felony,
37 a nondrug crime ranked at severity level 1,
2, 3, 4 or 5 or a drug crime
38 ranked at severity level 1, 2 or 3, on or
after July 1, 1993, if committed
39 by an adult. The county or district
attorney shall give written notice at
40 least 30 days prior to the discharge of the
juvenile offender to: (1) Any
41 victim of the juvenile offender's crime who
is alive and whose address is
42 known to the court or, if the victim is
deceased, to the victim's family if
43 the family's address is known to the court;
(2) the local law enforcement
8
1 agency; and (3) the school district
in which the juvenile offender will be
2 residing if the juvenile is still
required to attend a secondary school. Fail-
3 ure to notify pursuant to this
section shall not be a reason to postpone a
4 discharge. Nothing in this section
shall create a cause of action against
5 the state or county or an employee of
the state or county acting within
6 the scope of the employee's
employment as a result of the failure to notify
7 pursuant to this section.
8 Sec.
6. K.S.A. 1999 Supp. 38-1676 is hereby amended to read as
9 follows: 38-1676. (a) For acts
committed before July 1, 1999, if a juvenile
10 offender has committed an act which, if
committed by a person 18 years
11 of age or over, would constitute a class A
or B felony, if the offense was
12 committed before July 1, 1993, or an
off-grid felony, a nondrug crime
13 ranked at severity level 1, 2 or 3 or a
drug crime ranked at severity level
14 1 or 2, if the offense was committed on or
after July 1, 1993, and such
15 juvenile offender is to be released, 45
days before release, the commis-
16 sioner shall notify the county attorney or
district attorney, the court, the
17 local law enforcement agency, and the
school district in which the juvenile
18 offender will be residing if the juvenile
is still required to attend a sec-
19 ondary school, of such pending release. The
county attorney, district at-
20 torney or the court on its own motion may
file a motion with the court
21 for a hearing to determine if the juvenile
offender should be retained in
22 the custody of the commissioner, pursuant
to K.S.A. 38-1675, and amend-
23 ments thereto. The court shall fix a time
and place for hearing and shall
24 notify each party of the time and
place.
25 (b) Following the
hearing if the court orders for the commissioner to
26 retain custody, the juvenile offender shall
not be held in a juvenile cor-
27 rectional facility for longer than the
maximum term of imprisonment
28 which could be imposed upon an adult
convicted of the offense or of-
29 fenses which the juvenile offender has been
adjudicated to have
30 committed.
31 (c) As used in
this section, "maximum term of imprisonment" means
32 the greatest maximum sentence authorized by
K.S.A. 21-4501 and
33 amendments thereto, applying any enhanced
penalty which would be
34 applicable under K.S.A. 21-4504 and
amendments thereto and computing
35 terms as consecutive when required by
K.S.A. 21-4608 and amendments
36 thereto.
37 (d) This section
shall be part of and supplemental to the Kansas ju-
38 venile justice code.
39 Sec.
7. K.S.A. 1999 Supp. 38-1691 is hereby amended to read as
40 follows: 38-1691. (a) On and after January
1, 1993, no juvenile shall be
41 detained or placed in any jail pursuant to
the Kansas juvenile justice code
42 except as provided by subsections (b), (c)
and (d).
43 (b) Upon being
taken into custody, an alleged juvenile offender may
9
1 be detained temporarily in a jail, in
quarters with sight and sound sepa-
2 ration from adult prisoners, for the
purpose of identifying and processing
3 the juvenile and transferring the
juvenile to a youth residential facility or
4 juvenile detention facility. If a
juvenile is detained in jail under this sub-
5 section, the juvenile shall be
detained only for the minimum time nec-
6 essary, not to exceed six hours, and
in no case overnight.
7 (c) The
provisions of this section shall not apply to detention of a
8 juvenile :
9 (1)
(A) Against whom a motion has been filed requesting
prosecution
10 as an adult pursuant to K.S.A. 38-1636, and
amendments thereto; and
11 (B) who has received the benefit of a
detention hearing pursuant to K.S.A.
12 38-1640, and amendments thereto;
13 (2) whose
prosecution as an adult or classification as an extended
14 jurisdiction juvenile has been authorized
pursuant to K.S.A. 38-1636, and
15 amendments thereto; or
16 (3) who has been
convicted previously as an adult under the code of
17 criminal procedure or the criminal laws of
another state or foreign
18 jurisdiction.
19 (d) The
provisions of this section shall not apply to the detention of
20 any person 18 years of age or more who is
taken into custody and is being
21 prosecuted in accordance with the
provisions of the Kansas juvenile jus-
22 tice code.
23 (e) The Kansas
juvenile justice authority or the authority's contractor
24 shall have authority to review jail
records to determine compliance with
25 the provisions of this section.
26 (f) This
section shall be part of and supplemental to the Kansas ju-
27 venile justice code.
28 Sec.
8. K.S.A. 1999 Supp. 38-16,129 is hereby amended to read
as
29 follows: 38-16,129. On and after July 1,
1999: (a) For the purpose of
30 committing juvenile offenders to a juvenile
correctional facility, the fol-
31 lowing placements shall be applied by the
judge in felony or misdemeanor
32 cases for offenses committed on or after
July 1, 1999. If used, the court
33 shall establish a specific term of
commitment as specified in this subsec-
34 tion, unless the judge conducts a departure
hearing and finds substantial
35 and compelling reasons to impose a
departure sentence as provided in
36 K.S.A. 1999 Supp. 38-16,132 and amendments
thereto.
37 (1) Violent
Offenders. (A) The violent offender I is defined as an
38 offender adjudicated as a juvenile offender
for an offense which, if com-
39 mitted by an adult, would constitute an
off-grid felony. Offenders in this
40 category may be committed to a juvenile
correctional facility for a mini-
41 mum term of 60 months and up to a maximum
term of the offender
42 reaching the age of 22 years, six months.
The aftercare term for this
43 offender is set at a minimum term of six
months and up to a maximum
10
1 term of the offender reaching the age
of 23 years.
2 (B) The
violent offender II is defined as an offender adjudicated as
3 a juvenile offender for an offense
which, if committed by an adult, would
4 constitute a nondrug level 1, 2 or 3
felony. Offenders in this category may
5 be committed to a juvenile
correctional facility for a minimum term of
6 24 months and up to a maximum term of
the offender reaching the age
7 22 years, six months. The aftercare
term for this offender is set at a min-
8 imum term of six months and up to a
maximum term of the offender
9 reaching the of age 23 years.
10 (2) Serious
Offenders. (A) The serious offender I is defined as an
11 offender adjudicated as a juvenile offender
for an offense which, if com-
12 mitted by an adult, would constitute a
nondrug severity level 4, 5 or 6
13 person felony or a severity level 1 or 2
drug felony. Offenders in this
14 category may be committed to a juvenile
correctional facility for a mini-
15 mum term of 18 months and up to a maximum
term of 36 months. The
16 aftercare term for this offender is set at
a minimum term of six months
17 and up to a maximum term of 24 months.
18 (B) The serious
offender II is defined as an offender adjudicated as
19 a juvenile offender for an offense which,
if committed by an adult, would
20 constitute a nondrug severity level 7, 8, 9
or 10 person felony with one
21 prior felony adjudication. Offenders in
this category may be committed
22 to a juvenile correctional facility for a
minimum term of nine months and
23 up to a maximum term of 18 months. The
aftercare term for this offender
24 is set at a minimum term of six months and
up to a maximum term of 24
25 months.
26 (3) Chronic
Offenders. (A) The chronic offender I, chronic felon is
27 defined as an offender adjudicated as a
juvenile offender for an offense
28 which, if committed by an adult, would
constitute:
29 (i) One present
nonperson felony adjudication and two prior felony
30 adjudications; or
31 (ii) one present
severity level 3 drug felony adjudication and two prior
32 felony adjudications.
33 Offenders in this
category may be committed to a juvenile correctional
34 facility for a minimum term of six months
and up to a maximum term of
35 18 months. The aftercare term for this
offender is set at a minimum term
36 of six months and up to a maximum term of
12 months.
37 (B) The chronic
offender II, escalating felon is defined as an offender
38 adjudicated as a juvenile offender for an
offense which, if committed by
39 an adult, would constitute:
40 (i) One present
felony adjudication and two prior misdemeanor
41 adjudications;
42 (ii) one present
felony adjudication and two prior severity level 4 drug
43 adjudications;
11
1 (iii) one
present severity level 3 drug felony adjudication and two
2 prior misdemeanor adjudications;
or
3 (iv) one
present severity level 3 drug felony adjudication and two
4 prior severity level 4 drug
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 (C) The
chronic offender III, escalating misdemeanant is defined as
10 an offender adjudicated as a juvenile
offender for an offense which, if
11 committed by an adult, would
constitute:
12 (i) One present
misdemeanor adjudication and two prior misde-
13 meanor adjudications and two out-of-home
placement failures;
14 (ii) one present
misdemeanor adjudication and two prior severity
15 level 4 drug felony adjudications and two
out-of-home placement failures;
16 (iii) one present
severity level 4 drug felony adjudication and two
17 prior misdemeanor adjudications and two
out-of-home placement fail-
18 ures; or
19 (iv) one present
severity level 4 drug felony adjudication and two
20 prior severity level 4 drug felony
adjudications and two out-of-home
21 placement failures.
22 Offenders in this
category may be committed to a juvenile correctional
23 facility for a minimum term of three months
and up to a maximum term
24 of six months. The aftercare term for this
offender is set at a minimum
25 term of three months and up to a maximum
term of six months.
26
(4) Conditional Release Violators. Conditional release
violators may
27 be committed to a juvenile correctional
facility, youth residential facility,
28 juvenile detention facility, institution, a
sanctions house or to other ap-
29 propriate community placement for a minimum
term of three months
30 and up to a maximum term of six months. The
aftercare term for this
31 offender is set at a minimum term of two
months and up to a maximum
32 term of six months, or the maximum term of
the original aftercare term,
33 whichever is longer.
34 (b) As used in
this section: (1) "Placement failure" means a juvenile
35 offender has been placed out-of-home on
probation in a community
36 placement accredited by the commissioner in
a juvenile offender case
37 and the offender has violated significantly
the terms of probation in that
38 case.
39
(2) "Adjudication" includes out-of-state juvenile
adjudications. An
40 out-of-state offense which if committed by
an adult would constitute the
41 commission of a felony or misdemeanor shall
be classified as either a
42 felony or a misdemeanor according to the
adjudicating jurisdiction. If an
43 offense which if committed by an adult
would constitute the commission
12
1 of a felony is a felony in another
state, it will be deemed a felony in Kansas.
2 The state of Kansas shall classify
the offense, which if committed by an
3 adult would constitute the commission
of a felony or misdemeanor, as
4 person or nonperson. In designating
such offense as person or nonperson,
5 reference to comparable offenses
shall be made. If the state of Kansas
6 does not have a comparable offense,
the out-of-state adjudication shall
7 be classified as a nonperson
offense.
8 (c) All
appropriate community placement options shall have been ex-
9 hausted before a chronic offender
III, escalating misdemeanant shall be
10 placed in a juvenile correctional facility.
A court finding shall be made
11 acknowledging that appropriate community
placement options have been
12 pursued and no such option is
appropriate.
13 (d) The
commissioner shall work with the community to provide on-
14 going support and incentives for the
development of additional commu-
15 nity placements to ensure that the chronic
offender III, escalating mis-
16 demeanant sentencing category is not
frequently utilized.
17 Sec.
9. K.S.A. 1999 Supp. 75-7023 is hereby amended to read as
18 follows: 75-7023. (a) The supreme court
through administrative orders
19 shall provide for the establishment of a
juvenile intake and assessment
20 system and for the establishment and
operation of juvenile intake and
21 assessment programs in each judicial
district. On and after July 1, 1997,
22 the secretary of social and rehabilitation
services may contract with the
23 commissioner of juvenile justice to provide
for the juvenile intake and
24 assessment system and programs for children
in need of care. Except as
25 provided further, on and after July 1,
1997, the commissioner of juvenile
26 justice shall promulgate rules and
regulations for the juvenile intake and
27 assessment system and programs concerning
juvenile offenders. If the
28 commissioner contracts with the office of
judicial administration to ad-
29 minister the juvenile intake and assessment
system and programs con-
30 cerning juvenile offenders, the supreme
court administrative orders shall
31 be in force until such contract ends and
the rules and regulations con-
32 cerning juvenile intake and assessment
system and programs concerning
33 juvenile offenders have been adopted.
34 (b) No records,
reports and information obtained as a part of the
35 juvenile intake and assessment process may
be admitted into evidence in
36 any proceeding and may not be used in a
child in need of care proceeding
37 except for diagnostic and referral purposes
and by the court in considering
38 dispositional alternatives. However, if the
records, reports or information
39 are in regard to abuse or neglect, which is
required to be reported under
40 K.S.A. 38-1522, and amendments thereto,
such records, reports or infor-
41 mation may then be used for any purpose in
a child in need of care
42 proceeding pursuant to the Kansas code for
care of children.
43 (c) Upon a
juvenile child being taken into custody
pursuant to K.S.A.
13
1 38-1624, and amendments thereto, a
juvenile intake and assessment
2 worker shall complete the intake and
assessment process as required by
3 supreme court administrative order or
district court rule prior to July 1,
4 1997, or except as provided above
rules and regulations established by
5 the commissioner of juvenile justice
on and after July 1, 1997.
6 (d) Except
as provided in subsection (g) and in addition to any other
7 information required by the supreme
court administrative order, the sec-
8 retary, the commissioner or by the
district court of such district, the ju-
9 venile intake and assessment worker
shall collect the following
10 information:
11 (1) A
standardized risk assessment tool, such as the problem oriented
12 screening instrument for teens;
13 (2) criminal
history, including indications of criminal gang
14 involvement;
15 (3) abuse
history;
16 (4) substance
abuse history;
17 (5) history of
prior community services used or treatments provided;
18 (6) educational
history;
19 (7) medical
history; and
20 (8) family
history.
21 (e) After
completion of the intake and assessment process for such
22 child, the intake and assessment worker
may:
23 (1) Release the
child to the custody of the child's parent, other legal
24 guardian or another appropriate adult if
the intake and assessment worker
25 believes that it would be in the best
interest of the child and it would not
26 be harmful to the child to do so.
27 (2) Conditionally
release the child to the child's parent, other legal
28 guardian or another appropriate adult if
the intake and assessment worker
29 believes that if the conditions are met, it
would be in the child's best
30 interest to release the child to such
child's parent, other legal guardian
31 or another appropriate adult; and the
intake and assessment worker has
32 reason to believe that it might be harmful
to the child to release the child
33 to such child's parents, other legal
guardian or another appropriate adult
34 without imposing the conditions. The
conditions may include, but not be
35 limited to:
36 (A) Participation
of the child in counseling;
37 (B) participation
of members of the child's family in counseling;
38 (C) participation
by the child, members of the child's family and other
39 relevant persons in mediation;
40 (D) provision of
inpatient treatment for the child;
41 (E) referral of
the child and the child's family to the secretary of social
42 and rehabilitation services for services
and the agreement of the child and
43 family to accept and participate in the
services offered;
14
1
(F) referral of the child and the child's family to available
community
2 resources or services and the
agreement of the child and family to accept
3 and participate in the services
offered;
4
(G) requiring the child and members of the child's family to
enter
5 into a behavioral contract which may
provide for regular school attend-
6 ance among other requirements; or
7 (H) any
special conditions necessary to protect the child from future
8 abuse or neglect.
9 (3) Deliver
the child to a shelter facility or a licensed attendant care
10 center along with the law enforcement
officer's written application. The
11 shelter facility or licensed attendant care
facility shall then have custody
12 as if the child had been directly delivered
to the facility by the law en-
13 forcement officer pursuant to K.S.A.
38-1528, and amendments thereto.
14 (4) Refer the
child to the county or district attorney for appropriate
15 proceedings to be filed or refer the child
and family to the secretary of
16 social and rehabilitation services for
investigations in regard to the
17 allegations.
18 (5) Make
recommendations to the county or district attorney con-
19 cerning immediate intervention programs
which may be beneficial to the
20 juvenile.
21 (f) The
commissioner may adopt rules and regulations which allow
22 local juvenile intake and assessment
programs to create a risk assessment
23 tool, as long as such tool meets the
mandatory reporting requirements
24 established by the commissioner.
25 (g) Parents,
guardians and juveniles may access the juvenile intake
26 and assessment programs on a voluntary
basis. The parent or guardian
27 shall be responsible for the costs of any
such program utilized.
28 New Sec.
10. In any action pursuant to the Kansas juvenile justice
29 code in which the respondent is adjudicated
upon a plea of guilty or trial
30 by court or jury or upon completion of an
appeal, the judge, if sentencing
31 the respondent to confinement, shall direct
that, for the purpose of com-
32 puting respondent's sentence and release,
eligibility and conditional re-
33 lease dates thereunder, that such sentence
is to be computed from a date,
34 to be specifically designated by the court
in the sentencing order. Such
35 date shall be established to reflect and
shall be computed as an allowance
36 for the time which the respondent has spent
incarcerated pending the
37 disposition of the respondent's case. In
recording the date of commence-
38 ment of such sentence, the date as
specifically set forth by the court shall
39 be used as the date of sentence and all
good time calculations authorized
40 by law are to be allowed on such sentence
from such date as though the
41 defendant were actually incarcerated in a
juvenile correctional facility.
42 Such credit shall not reduce the minimum
term of incarceration author-
43 ized by law for the offense of which the
respondent has been adjudicated.
15
1 New Sec.
11. All juvenile corrections officers and those employees
2 within the juvenile corrections
officer series first employed on and after
3 July 1, 2000, shall be required to be
at least 21 years of age, shall possess
4 no felony convictions, and shall meet
such physical agility requirements
5 as set by the commissioner.
6 Sec. 12. K.S.A. 38-1568
and K.S.A. 1999 Supp. 22-4904, 38-1673,
7 38-1674, 38-1675, 38-1676, 38-1691,
38-16,129 and 75-7023 are hereby
8 repealed.
9 Sec. 13. This act
shall take effect and be in force from and after its
10 publication in the statute book.