The Senate was called to order by Vice-President Alicia L. Salisbury.
The roll was called with forty senators present.
President Bond introduced as guest chaplain, Pastor David Keazirian, St. Luke
Presbyterian Church, Newton, Kansas, who delivered the invocation:
``Heavenly Father, we worship you this morning for sovereignly controlling the
affairs of mankind, for passionately loving all men, women, boys, and girls, and for
graciously sharing your truth with all of us.
We confess to you that we have rebelled against your control in our lives and have
sought to become our own gods. We confess to you that we have sacrificed love on
the alter of truth and in so doing have wounded one another. We confess to you that
we have heralded love at the expense of truth and in so doing have done more harm
than good.
Thank you Lord Jesus Christ for your promise that when we confess our sins to
you and to one another, you will forgive our sins and cleanse us from all that is not
pleasing to you.
Holy Spirit, we ask you to help us all to become people of mercy, for your Word
says, ``blessed are the merciful, for they will be shown mercy.'' May the men and
women of this chamber pursue mercy in their relationships with others. We ask you
to help us all to become people of morality, for your Word says, ``Hate what is evil;
cling to what is good.'' May the men and women of this chamber pursue morality as
they conduct the business of our State. And, when those moments present themselves
that we must choose between mercy and morality, let us always remember that
though morality is important, only mercy can lead anyone to heaven.
This, we pray, in the name of Your Son and Our Savior, Jesus Christ, Amen.''
GUESTS
President Bond introduced as special guests of the Senate The Honorable Stephen Chen,
Ambassador of the Republic of China (Taiwan) to the United States and Elizabeth Chu,
Director General Taipei Economic and Cultural Office in Kansas City.
Senator Petty introduced as a guest of the Senate Dr. Festus Obiakor, Professor, Emporia
State University.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to Committees as indicated:
REPORT ON ENGROSSED BILLS SB 88; Sub SB 301; SB 352; SCR 1617 reported correctly engrossed March 25, 1999.
Also, SB 241 correctly re-engrossed March 25, 1999.
SB 40, 342 reported correctly engrossed March 25, 1999.
REPORT ON ENROLLED BILLS SCR 1615 reported correctly enrolled, properly signed and presented to the Secretary
of State on March 25, 1999.
COMMITTEE OF THE WHOLE
On motion of Senator Emert the Senate resolved itself into Committee of the Whole for
consideration of bills on the calendar under the heading of General Orders with Senator
Petty in the chair.
On motion of Senator Petty the following report for the morning session was adopted:
Recommended that SB346, 351; HB2137; 2222, be passed.
SB 40 be amended by adoption of the committee amendments and passed over for the
purpose of an amendment.
On motion of Senator Emert, the Senate recessed until 1:30 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
MESSAGE FROM THE GOVERNOR SB 145 approved on March 25, 1999.
MESSAGE FROM THE HOUSE
Announcing passage of HB 2489; Substitute HB 2505; HB 2530.
Also, passage of SB 123.
Passage of SB 4, as amended, 48, as amended, 59, as amended, 108, as amended, 169, as amended, 186, as amended, 229, as amended, 230, as amended, 273, as amended.
The House accedes to the request of the Senate for a conference on SB 39 and has
appointed Representatives Phill Kline, Neufeld and Reardon as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 51 and has
appointed Representatives Hayzlett, Ballou and Larkin as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 92 and has
appointed Representatives O'Neal, Carmody and Pauls as conferees on the part of the
House.
The House accedes to the request of the Senate for a conference on SB 240 and has
appointed Representatives Cox, Humerickhouse and Burroughs as conferees on the part of
the House.
The House accedes to the request of the Senate for a conference on Substitute SB 270
and has appointed Representatives Lane, Beggs and Ruff as conferees on the part of the
House.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS HB 2489; Substitute HB 2505; HB 2530 were thereupon introduced and read by title.
CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR
Senator Emert moved the Senate Concur in house amendments to SB 93.
SB 93, An act concerning juvenile offenders; relating to venue of proceedings; amending
K.S.A. 1998 Supp. 38-1605 and repealing the existing section.
On roll call, the vote was: Yeas 39, nays 1, present and passing 0; absent or not voting 0.
On motion of Senator Steffes the Senate nonconcurred in the House amendments to H Sub for SB 60 and requested a conference committee be appointed.
The President appointed Senators Steffes, Praeger and Feleciano as a conference
committee on the part of the Senate.
On motion of Senator Hardenburger the Senate nonconcurred in the House amendments
to SB 62 and requested a conference committee be appointed.
The President appointed Senators Hardenburger, Becker and Gooch as a conference
committee on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 76 and requested a conference committee be appointed.
The President appointed Senators Salisbury, Ranson and Barone as a conference
committee on the part of the Senate.
On motion of Senator Emert the Senate nonconcurred in the House amendments to SB 149 and requested a conference committee be appointed.
The President appointed Senators Emert, Pugh and Goodwin as a conference committee
on the part of the Senate.
REPORTS OF STANDING COMMITTEES
Committee on Education recommends HCR 5010 be adopted.
Also HB 2060 As Amended by House Committee of the Whole, be amended on page 1,
by striking all of lines 15 through 33; in line 34, by striking ``Sec. 3.'' and inserting ``Section
1.'';
By renumbering sections 4 and 5 as sections 2 and 3, respectively;
On page 2, in line 6, by striking ``71-205, 71-206 and''; also in line 6, by striking ``are''
and inserting ``is'';
In the title, in line 11, by striking ``off-campus instruction;''; also in line 11, by striking
``71-205, 71-206''; in line 12, before ``71-601'', by striking ``and''; also in line 12, by striking
``sections'' and inserting ``section''; and the bill be passed as amended.
Committee on Elections and Local Government recommends HB 2310, as further
amended by House on Final Action, be amended by substituting a new bill to be designated
as ``Senate Substitute for HOUSE BILL No. 2310,'' as follows:
``SENATE Substitute for HOUSE BILL No. 2310
By Committee on Elections and Local Government
``AN ACT concerning cities; relating to the rehabilitation of abandoned property; relating
to the consolidation of cities and counties; amending K.S.A. 12-301 and 12-3909 and
K.S.A. 1998 Supp. 12-1750, 12-1753, 12-1756a, 12-1756b, 12-1756c, 12-1756d, 12-
1756e, 12-1756f and 19-205 and repealing the existing sections.'';
and the substitute bill be passed.
Committee on Judiciary recommends SB 347 be passed.
Also HB 2259, as amended by House on Final Action, be amended on page 7, in line 9,
after the period, by inserting ``Any owner filing a form as provided in this subsection shall
pay a fee of $10.''; in line 13, after ``form'' by inserting ``and paying of the fee''; in line 14,
by striking ``paragraph'' and inserting ``subsection''; and the bill be passed as amended.
HB 2440, as amended by House Committee of the Whole, be amended on page 1, in
line 25, by striking ``thing'' and inserting ``item''; in line 39, after the stricken material by
inserting ``In determining whether the defendant committed the crime in an especially
heinous, atrocious or cruel manner, when the act that caused the death of the victim was
part of one continuous act of physical violence inflicted by the defendant with the intent to
cause the death of the victim, the court may find that the defendant committed the crime
in an especially heinous, atrocious or cruel manner in a situation where such act of physical
violence commenced prior to the victim's death and continued after the victim's death.''; by
striking all in lines 40 through 43;
On page 2, by striking all in lines 1 through 17; after line 22, by inserting the following:
``Sec. 2. K.S.A. 1998 Supp. 8-262 is hereby amended to read as follows: 8-262. (a) (1)
Any person who drives a motor vehicle on any highway of this state at a time when such
person's privilege so to do is canceled, suspended or revoked shall be guilty of a: (A) Class
B nonperson misdemeanor on the first conviction; and (B) class A nonperson misdemeanor
on the second conviction; and (C) severity level 9, nonperson felony on a third or subsequent
conviction.
(2) No person shall be convicted under this section if such person was entitled at the
time of arrest under K.S.A. 8-257, and amendments thereto, to the return of such person's
driver's license or was, at the time of arrest, eligible under K.S.A. 8-256, and amendments
thereto, to apply for a new license to operate a motor vehicle.
(3) Except as otherwise provided by subsection (a)(4), every person convicted under
this section shall be sentenced to at least five days' imprisonment and fined at least $100
and upon a second or subsequent conviction shall not be eligible for parole until completion
of five days' imprisonment.
(4) If a person (A) is convicted of a violation of this section, committed while the person's
privilege to drive was suspended or revoked for a violation of K.S.A. 8-1567, and
amendments thereto, or any ordinance of any city or a law of another state, which ordinance
or law prohibits the acts prohibited by that statute, and (B) is or has been also convicted of
a violation of K.S.A. 8-1567, and amendments thereto, or of a municipal ordinance or law
of another state, which ordinance or law prohibits the acts prohibited by that statute,
committed while the person's privilege to drive was so suspended or revoked, the person
shall not be eligible for suspension of sentence, probation or parole until the person has
served at least 90 days' imprisonment, and any fine imposed on such person shall be in
addition to such a term of imprisonment.
(b) The division, upon receiving a record of the conviction of any person under this
section, or any ordinance of any city or a law of another state which is in substantial
conformity with this section, upon a charge of driving a vehicle while the license of such
person is revoked or suspended, shall extend the period of such suspension or revocation
for an additional period of 90 days.
(c) In addition to extension of the period of suspension or revocation under subsection
(b), if the conviction is for a violation committed after June 30, 1994, and before July 1,
1996, and committed while the person's driving privileges are suspended pursuant to K.S.A.
8-1014 and amendments thereto, the division, upon completion of the extended period of
suspension, shall restrict the person's driving privileges for an additional 120 days to driving
only a motor vehicle equipped with an ignition interlock device, as defined by K.S.A. 8-
1013 and amendments thereto, approved by the division and obtained, installed and
maintained at the person's expense.
On or before February 1, 1996, the division shall report to the legislature regarding the
use of the provisions of this subsection and making recommendations concerning
continuation or modification of such provisions.
(d) For the purposes of determining whether a conviction is a first, second, third or
subsequent conviction in sentencing under this section, ``conviction'' includes a conviction
of a violation of any ordinance of any city or a law of another state which is in substantial
conformity with this section.
Sec. 3. K.S.A. 1998 Supp. 8-287 is hereby amended to read as follows: 8-287. Operation
of a motor vehicle in this state while one's driving privileges are revoked pursuant to K.S.A.
8-286 and amendments thereto is a severity level 9, nonperson felonyclass A nonperson misdemeanor.
Sec. 4. K.S.A. 1998 Supp. 21-3402 is hereby amended to read as follows: 21-3402.
Murder in the second degree is the killing of a human being committed:
(a) Intentionally; or
(b) unintentionally but recklessly under circumstances manifesting extreme indifference
to the value of human life.
Murder in the second degree as described in subsection (a) is an off-grida severity level 1, person felony. Murder in the second degree as described in subsection (b) is a severity
level 2, person felony.
Sec. 5. K.S.A. 21-3503 is hereby amended to read as follows: 21-3503. (a) Indecent
liberties with a child is engaging in any of the following acts with a child who is 14 or more
years of age but less than 16 years of age and the offender is more than three years older than the child:
(1) Any lewd fondling or touching of the person of either the child or the offender,
done or submitted to with the intent to arouse or to satisfy the sexual desires of either the
child or the offender, or both; or
(2) soliciting the child to engage in any lewd fondling or touching of the person of
another with the intent to arouse or satisfy the sexual desires of the child, the offender or
another.
(b) It shall be a defense to a prosecution of indecent liberties with a child as described
in subsection (a)(1) that the child was married to the accused at the time of the offense.
(c) Indecent liberties with a child is a severity level 5, person felony.
Sec. 6. K.S.A. 21-3504 is hereby amended to read as follows: 21-3504. (a) Aggravated
indecent liberties with a child is:
(1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years
of age and the offender is more than three years older than the child;
(2) engaging in any of the following acts with a child who is 14 or more years of age but
less than 16 years of age and whothe child does not consent thereto:
(A) Any lewd fondling or touching of the person of either the child or the offender,
done or submitted to with the intent to arouse or satisfy the sexual desires of either the
child or the offender, or both; or
(B) causing the child to engage in any lewd fondling or touching of the person of another
with the intent to arouse or satisfy the sexual desires of the child, the offender or another;
or
(3) engaging in any of the following acts with a child who is under 14 years of age:
(A) Any lewd fondling or touching of the person of either the child or the offender,
done or submitted to with the intent to arouse or to satisfy the sexual desires of either the
child or the offender, or both; or
(B) soliciting the child to engage in any lewd fondling or touching of the person of
another with the intent to arouse or satisfy the sexual desires of the child, the offender or
another.
(b) It shall be a defense to a prosecution of aggravated indecent liberties with a child
as provided in subsection (a)(1), (a)(2)(A) and (a)(3)(A) that the child was married to the
accused at the time of the offense.
(c) Aggravated indecent liberties with a child as described in subsections (a)(1) and
(a)(3) is a severity level 3, person felony. Aggravated indecent liberties with a child as
described in subsection (a)(2) is a severity level 4, person felony.
Sec. 7. K.S.A. 21-3505 is hereby amended to read as follows: 21-3505. (a) Criminal
sodomy is:
(1) Sodomy between persons who are 16 or more years of age and members of the
same sex or between a person and an animal;
(2) sodomy with a child who is 14 or more years of age but less than 16 years of age and the offender is more than three years older than the child; or
(3) causing a child 14 or more years of age but less than 16 years of age and the offender is more than three years older than the child to engage in sodomy with any person or animal.
(b) It shall be a defense to a prosecution of criminal sodomy as provided in subsection
(a)(2) that the child was married to the accused at the time of the offense.
(c) Criminal sodomy as provided in subsection (a)(1) is a class B nonperson
misdemeanor. Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity
level 3, person felony.
Sec. 8. K.S.A. 21-3510 is hereby amended to read as follows: 21-3510. (a) Indecent
solicitation of a child is:
(1) Enticing or soliciting a child 14 or more years of age but less than 16 years of age and the offender is more than three years older than the child to commit or to submit to an
unlawful sexual act; or
(2) inviting, persuading or attempting to persuade a child 14 or more years of age but
less than 16 years of age and the offender is more than three years older than the child to
enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual
act upon or with the child.
(b) Indecent solicitation of a child is a severity level 7, person felony.
Sec. 9. K.S.A. 21-3520 is hereby amended to read as follows: 21-3520. (a) Unlawful
sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or
sodomy with a person who is not married to the offender if:
(1) The offender is an employee of the department of corrections or the employee of a
contractor who is under contract to provide services in a correctional institution and the
person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is an inmate; or
(2) the offender is a parole officer and the person with whom the offender is engaging
in consensual sexual intercourse , lewd fondling or touching, or sodomy is an inmate who
has been released on parole or conditional release or postrelease supervision under the
direct supervision and control of the offender.; or
(3) the person with whom the offender is engaging in voluntary: (i) Sexual intercourse; (ii) lewd fondling; (iii) touching; or (iv) sodomy is between the ages of 14 or more years of age but less than 16 years of age and the offender is not more than three years older than the victim.
(b) For purposes of this act:
(1) ``Correctional institution'' means the same as prescribed by K.S.A. 75-5202, and
amendments thereto;
(2) ``inmate'' means the same as prescribed by K.S.A. 75-5202, and amendments thereto;
(3) ``parole officer'' means the same as prescribed by K.S.A. 75-5202, and amendments
thereto; and
(4) ``postrelease supervision'' means the same as prescribed in the Kansas sentencing
guidelines act in K.S.A. 21-4703.
(c) Unlawful sexual relations as provided in subsection (a)(3) is a severity level 8 person felony. Unlawful sexual relations as provided in subsection (a)(1) and (a)(2) is a severity
level 10 person felony.
Sec. 10. K.S.A. 21-3705 is hereby amended to read as follows: 21-3705. (a) Criminal
deprivation of property is obtaining or exerting unauthorized control over property, with
intent to deprive the owner of the temporary use thereof, without the owner's consent but
not with the intent of depriving the owner permanently of the possession, use or benefit of
such owner's property.
(b) Criminal deprivation of property that is a motor vehicle, as defined in K.S.A. 8-1437,
and amendments thereto, is a class A nonperson felonymisdemeanor. Upon a first conviction
of this subsection, a person shall be sentenced to not less than 30 days nor more than one
year's imprisonment and fined not less than $100. Upon a second or subsequent conviction
of this subsection, a person shall be sentenced to not less than 60 days nor more than one
year's imprisonment and fined not less than $200. The person convicted shall not be eligible
for release on probation, suspension or reduction of sentence or parole until the person has
served the minimum mandatory sentence as provided herein. The mandatory provisions of
this subsection shall not apply to any person where such application would result in a
manifest injustice.
(c) Criminal deprivation of property other than a motor vehicle, as defined in K.S.A. 8-
1437, and amendments thereto, is a class A nonperson misdemeanor. Upon a second or
subsequent conviction of this subsection, a person shall be sentenced to not less than 30
days imprisonment and fined not less than $100, except that the provisions of this subsection
relating to a second or subsequent conviction shall not apply to any person where such
application would result in a manifest injustice.
Sec. 11. K.S.A. 1998 Supp. 21-3810 is hereby amended to read as follows: 21-3810. (a)
Aggravated escape from custody is:
(a)(1) Escaping: (A) While held in lawful custody upon a charge or conviction of a
felony or upon; (B) while held on a charge or adjudication as a juvenile offender as defined
in K.S.A. 38-1602, and amendments thereto, where the act, if committed by an adult, would
constitute a felony,; (C) prior to or upon a finding of probable cause for evaluation as a
sexually violent predator as provided in K.S.A. 59-29a05 and amendments thereto, upon; (D) while held on commitment to a treatment facility as a sexually violent predator as
provided pursuant to K.S.A. 59-29a01 et seq. and amendments thereto or upon; (E) while held on a commitment to the state security hospital as provided in K.S.A. 22-3428 and
amendments thereto based on a finding that the person committed an act constituting a
felony; or (F) by a person 18 years of age or over who is being held in lawful custody on an
adjudication of a felony; or
(b)(2) Escaping: (A) While held in custody on a charge or conviction of any crime or; (B) while held on a charge or adjudication as a juvenile offender as defined in K.S.A. 38-
1602, and amendments thereto, where the act, if committed by an adult, would constitute
a felony,; (C) prior to or upon a finding of probable cause for evaluation as a sexually violent
predator as provided in K.S.A. 59-29a05 and amendments thereto, upon; (D) while held on
commitment to a treatment facility as a sexually violent predator as provided in K.S.A. 59-
29a01 et seq. and amendments thereto or upon; (E) while held on a commitment to the
state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a
finding that the person committed an act constituting any crime; or (F) by a person 18 years
of age or over who is being held in lawful custody or a charge or adjudication of a
misdemeanor or felony; and when, in all cases, such escape is effected or facilitated by the
use of violence or the threat of violence against any person.
(c)(3)Escaping from a state correctional institution as defined in K.S.A. 75-5202 and amendments thereto while held in custody of the secretary of corrections.
(b) (1) Aggravated escape from custody as described in subsection (a)(1) is a severity
level 8, nonperson felony.
(2) Aggravated escape from custody as described in subsection (b)(a)(2) is a severity
level 6, person felony.
(3) Aggravated escape from custody as described in subsection (a)(3) is a severity level 5, person felony.
Sec. 12. K.S.A. 1998 Supp. 21-4603d is hereby amended to read as follows: 21-4603d.
(a) Whenever any person has been found guilty of a crime, the court may adjudge any of
the following:
(1) Commit the defendant to the custody of the secretary of corrections if the current
crime of conviction is a felony and the sentence presumes imprisonment, or the sentence
imposed is a dispositional departure to imprisonment; or, if confinement is for a
misdemeanor, to jail for the term provided by law;
(2) impose the fine applicable to the offense;
(3) release the defendant on probation if the current crime of conviction and criminal
history fall within a presumptive nonprison category or through a departure for substantial
and compelling reasons subject to such conditions as the court may deem appropriate. In
felony cases except for violations of K.S.A. 8-1567 and amendments thereto, the court may
include confinement in a county jail not to exceed 30 days, which need not be served
consecutively, as a condition of probation or community corrections placement;
(4) assign the defendant to a community correctional services program in presumptive
nonprison cases or through a departure for substantial and compelling reasons subject to
such conditions as the court may deem appropriate, including orders requiring full or partial
restitution;
(5) assign the defendant to a conservation camp for a period not to exceed six months
as a condition of probation followed by a six-month period of follow-up through adult
intensive supervision by a community correctional services program, if the offender
successfully completes the conservation camp program. If the defendant was classified in
grid blocks 3-G, 3-H or 3-I of the sentencing guidelines grid for drug crimes, the court may
impose a nonprison sanction on the condition that the offender complete the program at
the Labette correctional conservation camp or a conservation camp established by the
secretary of corrections pursuant to K.S.A. 75-52,127, and amendments thereto. Such a
placement decision shall not be considered a departure and shall not be subject to appeal;
(6) assign the defendant to a house arrest program pursuant to K.S.A. 21-4603b and
amendments thereto;
(7) order the defendant to attend and satisfactorily complete an alcohol or drug
education or training program as provided by subsection (3) of K.S.A. 21-4502 and
amendments thereto;
(8) order the defendant to repay the amount of any reward paid by any crime stoppers
chapter, individual, corporation or public entity which materially aided in the apprehension
or conviction of the defendant; repay the amount of any costs and expenses incurred by any
law enforcement agency in the apprehension of the defendant, if one of the current crimes
of conviction of the defendant includes escape, as defined in K.S.A. 21-3809 and
amendments thereto or aggravated escape, as defined in K.S.A. 21-3810 and amendments
thereto; or repay the amount of any public funds utilized by a law enforcement agency to
purchase controlled substances from the defendant during the investigation which leads to
the defendant's conviction. Such repayment of the amount of any such costs and expenses
incurred by a law enforcement agency or any public funds utilized by a law enforcement
agency shall be deposited and credited to the same fund from which the public funds were
credited to prior to use by the law enforcement agency;
(9) order the defendant to pay the administrative fee authorized by K.S.A. 1998 Supp.
22-4529 and amendments thereto, unless waived by the court;
(10) impose any appropriate combination of (1), (2), (3), (4), (5), (6), (7), (8) and (9);
or
(11) suspend imposition of sentence in misdemeanor cases.
In addition to or in lieu of any of the above, the court shall order the defendant to pay
restitution, which shall include, but not be limited to, damage or loss caused by the
defendant's crime, unless the court finds compelling circumstances which would render a
plan of restitution unworkable. If the court finds a plan of restitution unworkable, the court
shall state on the record in detail the reasons therefor.
If the court orders restitution, the restitution shall be a judgment against the defendant
which may be collected by the court by garnishment or other execution as on judgments in
civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is
found to be in noncompliance with the plan established by the court for payment of
restitution, and the victim to whom restitution is ordered paid has not initiated proceedings
in accordance with K.S.A. 60-4301 et seq. and amendments thereto, the court shall assign
an agent procured by the attorney general pursuant to K.S.A. 75-719 and amendments
thereto to collect the restitution on behalf of the victim. The administrative judge of each
judicial district may assign such cases to an appropriate division of the court for the conduct
of civil collection proceedings.
In addition to or in lieu of any of the above, the court shall order the defendant to submit
to and complete an alcohol and drug evaluation, and pay a fee therefor, when required by
subsection (4) of K.S.A. 21-4502 and amendments thereto.
In addition to any of the above, the court shall order the defendant to reimburse the
county general fund for all or a part of the expenditures by the county to provide counsel
and other defense services to the defendant. Any such reimbursement to the county shall
be paid only after any order for restitution has been paid in full. In determining the amount
and method of payment of such sum, the court shall take account of the financial resources
of the defendant and the nature of the burden that payment of such sum will impose. A
defendant who has been required to pay such sum and who is not willfully in default in the
payment thereof may at any time petition the court which sentenced the defendant to waive
payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the
court that payment of the amount due will impose manifest hardship on the defendant or
the defendant's immediate family, the court may waive payment of all or part of the amount
due or modify the method of payment.
In imposing a fine the court may authorize the payment thereof in installments. In
releasing a defendant on probation, the court shall direct that the defendant be under the
supervision of a court services officer. If the court commits the defendant to the custody of
the secretary of corrections or to jail, the court may specify in its order the amount of
restitution to be paid and the person to whom it shall be paid if restitution is later ordered
as a condition of parole or conditional release.
When a new felony is committed while the offender is incarcerated and serving a sentence
for a felony or while the offender is on probation, assignment to a community correctional
services program, parole, conditional release, or postrelease supervision for a felony, a new
sentence shall be imposed pursuant to the consecutive sentencing requirements of K.S.A.
21-4608, and amendments thereto, and the court may sentence the offender to
imprisonment for the new conviction, even when the new crime of conviction otherwise
presumes a nonprison sentence. In this event, imposition of a prison sentence for the new
crime does not constitute a departure. When a new felony is committed while the offender is on release for a felony pursuant to the provisions of article 28 of chapter 22 of the Kansas Statutes Annotated, a new sentence may be imposed pursuant to the consecutive sentencing requirements of K.S.A. 21-4608 and amendments thereto, and the court may sentence the offender to imprisonment for the new conviction, even when the new crime of conviction otherwise presumes a nonprison sentence. In this event, imposition of a prison sentence for the new crime does not constitute a departure.
Prior to imposing a dispositional departure for a defendant whose offense is classified in
the presumptive nonprison grid block of either sentencing guideline grid, prior to sentencing
a defendant to incarceration whose offense is classified in grid blocks 5-H, 5-I or 6-G of the
sentencing guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-
E or 4-F of the sentencing guidelines grid for drug crimes, or prior to revocation of a
nonprison sanction of a defendant whose offense is classified in the presumptive nonprison
grid block of either sentencing guideline grid or grid blocks 5-H, 5-I or 6-G of the sentencing
guidelines grid for nondrug crimes or in grid blocks 3-E, 3-F, 3-G, 3-H, 3-I, 4-E or 4-F of
the sentencing guidelines grid for drug crimes, the court shall consider placement of the
defendant in the Labette correctional conservation camp, conservation camps established
by the secretary of corrections pursuant to K.S.A. 75-52,127, and amendment thereto or a
community intermediate sanction center. Pursuant to this paragraph the defendant shall not
be sentenced to imprisonment if space is available in a conservation camp or a community
intermediate sanction center and the defendant meets all of the conservation camp's or a
community intermediate sanction center's placement criteria unless the court states on the
record the reasons for not placing the defendant in a conservation camp or a community
intermediate sanction center.
The court in committing a defendant to the custody of the secretary of corrections shall
fix a term of confinement within the limits provided by law. In those cases where the law
does not fix a term of confinement for the crime for which the defendant was convicted,
the court shall fix the term of such confinement.
In addition to any of the above, the court shall order the defendant to reimburse the state
general fund for all or a part of the expenditures by the state board of indigents' defense
services to provide counsel and other defense services to the defendant. In determining the
amount and method of payment of such sum, the court shall take account of the financial
resources of the defendant and the nature of the burden that payment of such sum will
impose. A defendant who has been required to pay such sum and who is not willfully in
default in the payment thereof may at any time petition the court which sentenced the
defendant to waive payment of such sum or any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will impose manifest hardship on
the defendant or the defendant's immediate family, the court may waive payment of all or
part of the amount due or modify the method of payment. The amount of attorney fees to
be included in the court order for reimbursement shall be the amount claimed by appointed
counsel on the payment voucher for indigents' defense services or the amount prescribed
by the board of indigents' defense services reimbursement tables as provided in K.S.A. 22-
4522, and amendments thereto, whichever is less.
(b) Dispositions which do not involve commitment to the custody of the secretary of
corrections shall not entail the loss by the defendant of any civil rights. Placement of
offenders in a conservation camp established by the secretary of corrections pursuant to
K.S.A. 75-52,127, and amendments thereto, as a nonimprisonment disposition shall not
entail the loss by the defendant of any civil rights.
(c) This section shall not deprive the court of any authority conferred by any other
Kansas statute to decree a forfeiture of property, suspend or cancel a license, remove a
person from office, or impose any other civil penalty as a result of conviction of crime.
(d) An application for or acceptance of probation or assignment to a community
correctional services program shall not constitute an acquiescence in the judgment for
purpose of appeal, and any convicted person may appeal from such conviction, as provided
by law, without regard to whether such person has applied for probation, suspended
sentence or assignment to a community correctional services program.
(e) The secretary of corrections is authorized to make direct placement to the Labette
correctional conservation camp or a conservation camp established by the secretary pursuant
to K.S.A. 75-52,127, and amendments thereto, of an inmate sentenced to the secretary's
custody if the inmate: (1) Has been sentenced to the secretary for a probation revocation
or as a departure from the presumptive nonimprisonment grid block of either sentencing
grid; and (2) otherwise meets admission criteria of the camp. If the inmate successfully
completes the six-month conservation camp program, the secretary of corrections shall
report such completion to the sentencing court and the county or district attorney. The
inmate shall then be assigned by the court to six months of follow-up supervision conducted
by the appropriate community corrections services program. The court may also order that
supervision continue thereafter for the length of time authorized by K.S.A. 21-4611 and
amendments thereto.
(f) When it is provided by law that a person shall be sentenced pursuant to K.S.A. 1993
Supp. 21-4628, prior to its repeal, the provisions of this section shall not apply.
Sec. 13. K.S.A. 21-4605 is hereby amended to read as follows: 21-4605. (a) (1) Upon request of the attorney for the state or the counsel for the defendant, The judge shall make
available to the attorney for the state or counsel for the defendant the presentence report,
any report that may be received from the Topeka correctional facility or the state security
hospital and other diagnostic reports and shall allow the attorney or counsel a reasonable
time to review the report before sentencing the defendant. Except as otherwise provided in this section, all these reports shall be part of the record but shall be sealed and opened only on order of the court.
(2) The court shall permit the attorney for the state or the counsel for the defendant, upon request, to copy and retain any of the reports under subsection (a)(1). Any reports
copied and retained shall be kept in the records of the attorney for the state or the counsel
for the defendant and shall not be disclosed to any unauthorized person without permission of the court. All costs of copying such reports shall be paid by the office of the attorney for
the state or the counsel for the defendant making the request.
(b) If a defendant is committed to the custody of the secretary of corrections, all reports under subsection (a)(1) shall be sent to the secretary of corrections and, in accordance with K.S.A. 75-5220, and amendments thereto, to the warden of the state correctional institution to which the defendant is conveyed.
(c) Nothing in this section shall be construed as prohibiting the attorney for the defendant from disclosing the report of the presentence investigation, or other diagnostic reports, to the defendant after receiving court approval to do so.
(d) Notwithstanding subsections (a), (b) and (c), the presentence report, any report that may be received from the Topeka correctional facility or the state security hospital and other diagnostic reports, shall be made available upon request to the Kansas sentencing commission for the purpose of data collection and evaluation.The presentence report shall become part of the court record and shall be accessible to the public, except that the official version, the defendant's version, the victim's statement, any psychological reports and any drug and alcohol reports shall be accessible only to the attorney for the state and the counsel for the defendant, the sentencing judge, the department of corrections and if requested, the Kansas sentencing commission. If the offender is committed to the custody of the secretary of corrections, the report shall be sent to the secretary and, in accordance with K.S.A. 75- 5220 and amendments thereto, to the warden of the state correctional institution to which the defendant is conveyed.
(e)(c) For felony crimes committed on or after July 1, 1993, the provisions of this section
are not applicable to the presentence investigation report.
Sec. 14. K.S.A. 1998 Supp. 21-4704 is hereby amended to read as follows: 21-4704. (a)
For purposes of sentencing, the following sentencing guidelines grid for nondrug crimes
shall be applied in felony cases for crimes committed on or after July 1, 1993:
(b) The provisions of this section shall be applicable to the sentencing guidelines grid
for nondrug crimes. Sentences expressed in such grid represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime severity and criminal
history classification tool. The grid's vertical axis is the crime severity scale which classifies
current crimes of conviction. The grid's horizontal axis is the criminal history scale which
classifies criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided in this section defines
presumptive punishments for felony convictions, subject to judicial discretion to deviate for
substantial and compelling reasons and impose a different sentence in recognition of
aggravating and mitigating factors as provided in this act. The appropriate punishment for
a felony conviction should depend on the severity of the crime of conviction when compared
to all other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place within the
sentencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall pronounce the
complete sentence which shall include the prison sentence, the maximum potential
reduction to such sentence as a result of good time and the period of postrelease supervision
at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an offender whose crime
of conviction and criminal history place such offender in that grid block. If an offense is
classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-
H, 5-I or 6-G, the court may impose an optional nonprison sentence upon making the
following findings on the record:
(1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and
(2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or
(3) the nonprison sanction will serve community safety interests by promoting offender
reformation.
Any decision made by the court regarding the imposition of an optional nonprison
sentence if the offense is classified in grid blocks 5-H, 5-I or 6-G shall not be considered a
departure and shall not be subject to appeal.
(g) The sentence for the violation of K.S.A. 21-3411, aggravated assault against a law
enforcement officer or K.S.A. 21-3415, aggravated battery against a law enforcement officer
and amendments thereto which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional nonprison sentence
upon making a finding on the record that the nonprison sanction will serve community
safety interests by promoting offender reformation. Any decision made by the court
regarding the imposition of the optional nonprison sentence, if the offense is classified in
grid block 6-H or 6-I, shall not be considered departure and shall not be subject to appeal.
(h) When a firearm is used to commit any person felony, the offender's sentence shall
be presumed imprisonment. The court may impose an optional nonprison sentence upon
making a finding on the record that the nonprison sanction will serve community safety
interests by promoting offender reformation. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.
(i) The sentence for the violation of the felony provision of K.S.A. 8-1567 and,
subsection (b) of K.S.A. 21-3705,and subsection (b)(3) of K.S.A. 21-3412 and amendments
thereto shall be as provided by the specific mandatory sentencing requirements of that
section and shall not be subject to the provisions of this section or K.S.A. 21-4707 and
amendments thereto. Notwithstanding the provisions of any other section, the term of
imprisonment imposed for the violation of the felony provision of K.S.A. 8-1567 and,
subsection (b) of K.S.A. 21-3705,and subsection (b)(3) of K.S.A. 21-3412 and amendments
thereto shall not be served in a state facility in the custody of the secretary of corrections.
(j) The sentence for any persistent sex offender whose current convicted crime carries
a presumptive term of imprisonment shall be double the maximum duration of the
presumptive imprisonment term. The sentence for any persistent sex offender whose current
conviction carries a presumptive nonprison term shall be presumed imprisonment and shall
be double the maximum duration of the presumptive imprisonment term. Except as
otherwise provided in this subsection, as used in this subsection, ``persistent sex offender''
means a person who: (1) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717 and amendments thereto; and (2) at the time of the conviction
under subsection (1) has at least one conviction for a sexually violent crime, as defined in
K.S.A. 22-3717 and amendments thereto in this state or comparable felony under the laws
of another state, the federal government or a foreign government. The provisions of this
subsection shall not apply to any person whose current convicted crime is a severity level 1
or 2 felony.
(k) If it is shown at sentencing that the offender committed any felony violation for the
benefit of, at the direction of, or in association with any criminal street gang, with the specific
intent to promote, further or assist in any criminal conduct by gang members, the offender's
sentence shall be presumed imprisonment. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal. As used in this subsection, ``criminal street gang'' means any
organization, association or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more person felonies or
felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, which has a common name or common identifying sign or symbol,
whose members, individually or collectively engage in or have engaged in the commission,
attempted commission, conspiracy to commit or solicitation of two or more person felonies
or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, or any substantially similar offense from another jurisdiction.
(l) The sentence for a violation of subsection (a) of K.S.A. 21-3715 and amendments thereto when such person being sentenced has a prior conviction for a violation of subsection (a) or (b) of K.S.A. 21-3715 or 21-3716 and amendments thereto shall be presumed imprisonment.
Sec. 15. K.S.A. 1998 Supp. 21-4706 is hereby amended to read as follows: 21-4706. (a)
For crimes committed on or after July 1, 1993, the sentences of imprisonment shall
represent the time a person shall actually serve, subject to a reduction of up to 15% of the
primary sentence for good time as authorized by law.
(b) The sentencing court shall pronounce sentence in all felony cases.
(c) Violations of K.S.A. 21-3401, subsection (a) of K.S.A. 21-3402, 21-3439 and 21-3801
and amendments thereto are off-grid crimes for the purpose of sentencing. Except as
otherwise provided by K.S.A. 21-4622 through 21-4627, and 21-4629 through 21-4631, and
amendments thereto, the sentence shall be imprisonment for life.
Sec. 16. K.S.A. 1998 Supp. 22-3717 is hereby amended to read as follows: 22-3717. (a)
Except as otherwise provided by this section, K.S.A. 1993 Supp. 21-4628 prior to its repeal
and K.S.A. 21-4635 through 21-4638 and amendments thereto, an inmate, including an
inmate sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for
parole after serving the entire minimum sentence imposed by the court, less good time
credits.
(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and amendments
thereto, an inmate sentenced to imprisonment for the crime of capital murder, or an inmate
sentenced for the crime of murder in the first degree based upon a finding of premeditated
murder, committed on or after July 1, 1994, shall be eligible for parole after serving 25 years
of confinement, without deduction of any good time credits.
(2) Except as provided by subsection (b)(1) or (b)(4), K.S.A. 1993 Supp. 21-4628 prior
to its repeal and K.S.A. 21-4635 through 21-4638, and amendments thereto, an inmate
sentenced to imprisonment for an off-grid offense committed on or after July 1, 1993, but prior to July 1, 1999, shall be eligible for parole after serving 15 years of confinement,
without deduction of any good time credits and an inmate sentenced to imprisonment for an off-grid offense committed on or after July 1, 1999, shall be eligible for parole after serving 20 years of confinement without deduction of any good time credits.
(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to its repeal, an inmate
sentenced for a class A felony committed before July 1, 1993, including an inmate sentenced
pursuant to K.S.A. 21-4618 and amendments thereto, shall be eligible for parole after serving
15 years of confinement, without deduction of any good time credits.
(4) An inmate sentenced to imprisonment for a violation of subsection (a) of K.S.A. 21-
3402 and amendments thereto committed on or after July 1, 1996 but prior to July 1, 1999,
shall be eligible for parole after serving 10 years of confinement without deduction of any
good time credits.
(c) Except as provided in subsection (e), if an inmate is sentenced to imprisonment for
more than one crime and the sentences run consecutively, the inmate shall be eligible for
parole after serving the total of:
(1) The aggregate minimum sentences, as determined pursuant to K.S.A. 21-4608 and
amendments thereto, less good time credits for those crimes which are not class A felonies;
and
(2) an additional 15 years, without deduction of good time credits, for each crime which
is a class A felony.
(d) (1) Persons sentenced for crimes, other than off-grid crimes, committed on or after
July 1, 1993, will not be eligible for parole, but will be released to a mandatory period of
postrelease supervision upon completion of the prison portion of their sentence as follows:
(A) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug
severity level 1 through 6 crimes and drug severity levels 1 through 3 crimes must serve 36
months, plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and
amendments thereto, on postrelease supervision.
(B) Except as provided in subparagraphs (C) and (D), persons sentenced for nondrug
severity level 7 through 10 crimes and drug severity level 4 crimes must serve 24 months,
plus the amount of good time earned and retained pursuant to K.S.A. 21-4722 and
amendments thereto, on postrelease supervision.
(C) (i) The sentencing judge shall impose the postrelease supervision period provided
in subparagraph (d)(1)(A) or (d)(1)(B), unless the judge finds substantial and compelling
reasons to impose a departure based upon a finding that the current crime of conviction
was sexually violent or sexually motivated. In that event, departure may be imposed to extend
the postrelease supervision to a period of up to 60 months.
(ii) If the sentencing judge departs from the presumptive postrelease supervision period,
the judge shall state on the record at the time of sentencing the substantial and compelling
reasons for the departure. Departures in this section are subject to appeal pursuant to K.S.A.
21-4721 and amendments thereto.
(iii) In determining whether substantial and compelling reasons exist, the court shall
consider:
(a) Written briefs or oral arguments submitted by either the defendant or the state;
(b) any evidence received during the proceeding;
(c) the presentence report, the victim's impact statement and any psychological
evaluation as ordered by the court pursuant to subsection (e) of K.S.A. 21-4714 and
amendments thereto; and
(d) any other evidence the court finds trustworthy and reliable.
(iv) The sentencing judge may order that a psychological evaluation be prepared and
the recommended programming be completed by the offender. The department of
corrections or the parole board shall ensure that court ordered sex offender treatment be
carried out.
(v) In carrying out the provisions of subparagraph (d)(1)(C), the court shall refer to
K.S.A. 21-4718 and amendments thereto.
(vi) Upon petition, the parole board may provide for early discharge from the
postrelease supervision period upon completion of court ordered programs and completion
of the presumptive postrelease supervision period, as determined by the crime of conviction,
pursuant to subparagraph (d)(1)(A) or (B). Early discharge from postrelease supervision is
at the discretion of the parole board.
(vii) Persons convicted of crimes deemed sexually violent or sexually motivated, shall
be registered according to the habitual sex offender registration act, K.S.A. 22-4901 through
22-4910 and amendments thereto.
(D) The period of postrelease supervision provided in subparagraphs (A) and (B) may
be reduced by up to 12 months based on the offender's compliance with conditions of
supervision and overall performance while on postrelease supervision. The reduction in the
supervision period shall be on an earned basis pursuant to rules and regulations adopted by
the secretary of corrections.
(E) In cases where sentences for crimes from more than one severity level have been
imposed, the offender shall serve the longest period of postrelease supervision as provided
by this section available for any crime upon which sentence was imposed irrespective of the
severity level of the crime. Supervision periods will not aggregate.
(2) As used in this section, ``sexually violent crime'' means:
(A) Rape, K.S.A. 21-3502, and amendments thereto;
(B) indecent liberties with a child, K.S.A. 21-3503, and amendments thereto;
(C) aggravated indecent liberties with a child, K.S.A. 21-3504, and amendments thereto;
(D) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and amendments
thereto;
(E) aggravated criminal sodomy, K.S.A. 21-3506, and amendments thereto;
(F) indecent solicitation of a child, K.S.A. 21-3510, and amendments thereto;
(G) aggravated indecent solicitation of a child, K.S.A. 21-3511, and amendments
thereto;
(H) sexual exploitation of a child, K.S.A. 21-3516, and amendments thereto;
(I) aggravated sexual battery, K.S.A. 21-3518, and amendments thereto;
(J) any conviction for a felony offense in effect at any time prior to the effective date
of this act, that is comparable to a sexually violent crime as defined in subparagraphs (A)
through (I), or any federal or other state conviction for a felony offense that under the laws
of this state would be a sexually violent crime as defined in this section;
(K) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302, 21-3303, and amendments thereto, of a sexually violent crime as defined in this
section; or
(L) any act which at the time of sentencing for the offense has been determined beyond
a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually
motivated'' means that one of the purposes for which the defendant committed the crime
was for the purpose of the defendant's sexual gratification.
(e) If an inmate is sentenced to imprisonment for a crime committed while on parole
or conditional release, the inmate shall be eligible for parole as provided by subsection (c),
except that the Kansas parole board may postpone the inmate's parole eligibility date by
assessing a penalty not exceeding the period of time which could have been assessed if the
inmate's parole or conditional release had been violated for reasons other than conviction
of a crime.
(f) If a person is sentenced to prison for a crime committed on or after July 1, 1993,
while on probation, parole, conditional release or in a community corrections program, for
a crime committed prior to July 1, 1993, and the person is not eligible for retroactive
application of the sentencing guidelines and amendments thereto pursuant to K.S.A. 21-
4724 and amendments thereto, the new sentence shall not be aggregated with the old
sentence, but shall begin when the person is paroled or reaches the conditional release date
on the old sentence. If the offender was past the offender's conditional release date at the
time the new offense was committed, the new sentence shall not be aggregated with the
old sentence but shall begin when the person is ordered released by the Kansas parole board
or reaches the maximum sentence expiration date on the old sentence, whichever is earlier.
The new sentence shall then be served as otherwise provided by law. The period of
postrelease supervision shall be based on the new sentence, except that those offenders
whose old sentence is a term of imprisonment for life, imposed pursuant to K.S.A. 1993
Supp. 21-4628 prior to its repeal, or an indeterminate sentence with a maximum term of
life imprisonment, for which there is no conditional release or maximum sentence expiration
date, shall remain on postrelease supervision for life or until discharged from supervision
by the Kansas parole board.
(g) Subject to the provisions of this section, the Kansas parole board may release on
parole those persons confined in institutions who are eligible for parole when: (1) The board
believes that the inmate should be released for hospitalization, for deportation or to answer
the warrant or other process of a court and is of the opinion that there is reasonable
probability that the inmate can be released without detriment to the community or to the
inmate; or (2) the secretary of corrections has reported to the board in writing that the
inmate has satisfactorily completed the programs required by any agreement entered under
K.S.A. 75-5210a and amendments thereto, or any revision of such agreement, and the board
believes that the inmate is able and willing to fulfill the obligations of a law abiding citizen
and is of the opinion that there is reasonable probability that the inmate can be released
without detriment to the community or to the inmate. Parole shall not be granted as an
award of clemency and shall not be considered a reduction of sentence or a pardon.
(h) The Kansas parole board shall hold a parole hearing at least the month prior to the
month an inmate will be eligible for parole under subsections (a), (b) and (c). At least the
month preceding the parole hearing, the county or district attorney of the county where the
inmate was convicted shall give written notice of the time and place of the public comment
sessions for the inmate to any victim of the inmate's crime who is alive and whose address
is known to the county or district attorney or, if the victim is deceased, to the victim's family
if the family's address is known to the county or district attorney. Except as otherwise
provided, failure to notify pursuant to this section shall not be a reason to postpone a parole
hearing. In the case of any inmate convicted of a class A felony the secretary of corrections
shall give written notice of the time and place of the public comment session for such inmate
at least one month preceding the public comment session to any victim of such inmate's
crime or the victim's family pursuant to K.S.A. 74-7338 and amendments thereto. If
notification is not given to such victim or such victim's family in the case of any inmate
convicted of a class A felony, the board shall postpone a decision on parole of the inmate
to a time at least 30 days after notification is given as provided in this section. Nothing in
this section shall create a cause of action against the state or an employee of the state acting
within the scope of the employee's employment as a result of the failure to notify pursuant
to this section. If granted parole, the inmate may be released on parole on the date specified
by the board, but not earlier than the date the inmate is eligible for parole under subsections
(a), (b) and (c). At each parole hearing and, if parole is not granted, at such intervals
thereafter as it determines appropriate, the Kansas parole board shall consider: (1) Whether
the inmate has satisfactorily completed the programs required by any agreement entered
under K.S.A. 75-5210a and amendments thereto, or any revision of such agreement; and
(2) all pertinent information regarding such inmate, including, but not limited to, the
circumstances of the offense of the inmate; the presentence report; the previous social
history and criminal record of the inmate; the conduct, employment, and attitude of the
inmate in prison; the reports of such physical and mental examinations as have been made;
comments of the victim and the victim's family; comments of the public; official comments;
and capacity of state correctional institutions.
(i) In those cases involving inmates sentenced for a crime committed after July 1, 1993,
the parole board will review the inmates proposed release plan. The board may schedule a
hearing if they desire. The board may impose any condition they deem necessary to insure
public safety, aid in the reintegration of the inmate into the community, or items not
completed under the agreement entered into under K.S.A. 75-5210a and amendments
thereto. The board may not advance or delay an inmate's release date. Every inmate while
on postrelease supervision shall remain in the legal custody of the secretary of corrections
and is subject to the orders of the secretary.
(j) Before ordering the parole of any inmate, the Kansas parole board shall have the
inmate appear before either in person or via a video conferencing format and shall interview
the inmate unless impractical because of the inmate's physical or mental condition or
absence from the institution. Every inmate while on parole shall remain in the legal custody
of the secretary of corrections and is subject to the orders of the secretary. Whenever the
Kansas parole board formally considers placing an inmate on parole and no agreement has
been entered into with the inmate under K.S.A. 75-5210a and amendments thereto, the
board shall notify the inmate in writing of the reasons for not granting parole. If an
agreement has been entered under K.S.A. 75-5210a and amendments thereto and the
inmate has not satisfactorily completed the programs specified in the agreement, or any
revision of such agreement, the board shall notify the inmate in writing of the specific
programs the inmate must satisfactorily complete before parole will be granted. If parole is
not granted only because of a failure to satisfactorily complete such programs, the board
shall grant parole upon the secretary's certification that the inmate has successfully
completed such programs. If an agreement has been entered under K.S.A. 75-5210a and
amendments thereto and the secretary of corrections has reported to the board in writing
that the inmate has satisfactorily completed the programs required by such agreement, or
any revision thereof, the board shall not require further program participation. However, if
the board determines that other pertinent information regarding the inmate warrants the
inmate's not being released on parole, the board shall state in writing the reasons for not
granting the parole. If parole is denied for an inmate sentenced for a crime other than a
class A or class B felony or an off-grid felony, the board shall hold another parole hearing
for the inmate not later than one year after the denial unless the parole board finds that it
is not reasonable to expect that parole would be granted at a hearing if held in the next
three years or during the interim period of a deferral. In such case, the parole board may
defer subsequent parole hearings for up to three years but any such deferral by the board
shall require the board to state the basis for its findings. If parole is denied for an inmate
sentenced for a class A or class B felony or an off-grid felony, the board shall hold another
parole hearing for the inmate not later than three years after the denial unless the parole
board finds that it is not reasonable to expect that parole would be granted at a hearing if
held in the next 10 years or during the interim period of a deferral. In such case, the parole
board may defer subsequent parole hearings for up to 10 years but any such deferral shall
require the board to state the basis for its findings.
(k) Parolees and persons on postrelease supervision shall be assigned, upon release, to
the appropriate level of supervision pursuant to the criteria established by the secretary of
corrections.
(l) The Kansas parole board shall adopt rules and regulations in accordance with K.S.A.
77-415 et seq., and amendments thereto, not inconsistent with the law and as it may deem
proper or necessary, with respect to the conduct of parole hearings, postrelease supervision
reviews, revocation hearings, orders of restitution, reimbursement of expenditures by the
state board of indigents' defense services and other conditions to be imposed upon parolees
or releasees. Whenever an order for parole or postrelease supervision is issued it shall recite
the conditions thereof.
(m) Whenever the Kansas parole board orders the parole of an inmate or establishes
conditions for an inmate placed on postrelease supervision, the board:
(1) Unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order as a condition of parole or postrelease supervision that the parolee
or the person on postrelease supervision pay any transportation expenses resulting from
returning the parolee or the person on postrelease supervision to this state to answer criminal
charges or a warrant for a violation of a condition of probation, assignment to a community
correctional services program, parole, conditional release or postrelease supervision;
(2) to the extent practicable, shall order as a condition of parole or postrelease
supervision that the parolee or the person on postrelease supervision make progress towards
or successfully complete the equivalent of a secondary education if the inmate has not
previously completed such educational equivalent and is capable of doing so;
(3) may order that the parolee or person on postrelease supervision perform community
or public service work for local governmental agencies, private corporations organized not-
for-profit or charitable or social service organizations performing services for the
community;
(4) may order the parolee or person on postrelease supervision to pay the administrative
fee imposed pursuant to K.S.A. 1998 Supp. 22-4529 unless the board finds compelling
circumstances which would render payment unworkable; and
(5) unless it finds compelling circumstances which would render a plan of payment
unworkable, shall order that the parolee or person on postrelease supervision reimburse the
state for all or part of the expenditures by the state board of indigents' defense services to
provide counsel and other defense services to the person. In determining the amount and
method of payment of such sum, the parole board shall take account of the financial
resources of the person and the nature of the burden that the payment of such sum will
impose. Such amount shall not exceed the amount claimed by appointed counsel on the
payment voucher for indigents' defense services or the amount prescribed by the board of
indigents' defense services reimbursement tables as provided in K.S.A. 22-4522 and
amendments thereto, whichever is less, minus any previous payments for such services.
(n) If the court which sentenced an inmate specified at the time of sentencing the
amount and the recipient of any restitution ordered as a condition of parole or postrelease
supervision, the Kansas parole board shall order as a condition of parole or postrelease
supervision that the inmate pay restitution in the amount and manner provided in the journal
entry unless the board finds compelling circumstances which would render a plan of
restitution unworkable.
(o) Whenever the Kansas parole board grants the parole of an inmate, the board, within
10 days of the date of the decision to grant parole, shall give written notice of the decision
to the county or district attorney of the county where the inmate was sentenced.
(p) When an inmate is to be released on postrelease supervision, the secretary, within
30 days prior to release, shall provide the county or district attorney of the county where
the inmate was sentenced written notice of the release date.
(q) Inmates shall be released on postrelease supervision upon the termination of the
prison portion of their sentence. Time served while on postrelease supervision will vest.
(r) An inmate who is allocated regular good time credits as provided in K.S.A. 22-3725
and amendments thereto may receive meritorious good time credits in increments of not
more than 90 days per meritorious act. These credits may be awarded by the secretary of
corrections when an inmate has acted in a heroic or outstanding manner in coming to the
assistance of another person in a life threatening situation, preventing injury or death to a
person, preventing the destruction of property or taking actions which result in a financial
savings to the state.
Sec. 17. K.S.A. 1998 Supp. 22-4902 is hereby amended to read as follows: 22-4902. As
used in this act, unless the context otherwise requires:
(a) ``Offender'' means: (1) A sex offender as defined in subsection (b); (2) a violent
offender as defined in subsection (d); (3) any person who, on and after the effective date of
this act, is convicted of any of the following crimes when the victim is less than 18 years of
age:
(A) Kidnapping as defined in K.S.A. 21-3420 and amendments thereto, except by a
parent;
(B) aggravated kidnapping as defined in K.S.A. 21-3421 and amendments thereto; or
(C) criminal restraint as defined in K.S.A. 21-3424 and amendments thereto, except by
a parent;
(4) any person convicted of any of the following criminal sexual conduct if one of the
parties involved is less than 18 years of age:
(A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;
(B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-3505, and amendments
thereto;
(C) promoting prostitution as defined by K.S.A. 21-3513, and amendments thereto;
(D) patronizing a prostitute as defined by K.S.A. 21-3515, and amendments thereto;
(E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and amendment thereto;
or
(F) unlawful sexual relations as defined by subsection (a)(1) or (2) of K.S.A. 21-3520,
and amendments thereto;
(5) any conviction for an offense in effect at any time prior to the effective date of this
act, that is comparable to any crime defined in subsection (3) or (4), or any federal or other
state conviction for an offense that under the laws of this state would be an offense defined
in subsection (3) or (4); or
(6) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302 or 21-3303 and amendments thereto, of an offense defined in subsection (3) or (4).
Upon such conviction, the court shall certify that the person is an offender subject to the
provisions of K.S.A. 22-4901 et seq. and amendments thereto and shall include this
certification in the order of commitment. Convictions which result from or are connected
with the same act, or result from crimes committed at the same time, shall be counted for
the purpose of this section as one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this section. A conviction from another state shall constitute
a conviction for purposes of this section.
(b) ``Sex offender'' includes any person who, after the effective date of this act, is
convicted of any sexually violent crime set forth in subsection (c). Upon such conviction,
the court shall certify that the person is a sex offender and shall include this certification in
the order of commitment. Convictions which result from or are connected with the same
act, or result from crimes committed at the same time, shall be counted for the purpose of
this section as one conviction. Any conviction set aside pursuant to law is not a conviction
for purposes of this section. A conviction from another state shall constitute a conviction
for purposes of this section.
(c) ``Sexually violent crime'' means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 and amendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504 and
amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A. 21-3505 and
amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments thereto;
(6) indecent solicitation of a child as defined by K.S.A. 21-3510 and amendments
thereto;
(7) aggravated indecent solicitation of a child as defined by K.S.A. 21-3511 and
amendments thereto;
(8) sexual exploitation of a child as defined by K.S.A. 21-3516 and amendments thereto;
(9) sexual battery as defined by K.S.A. 21-3517 and amendments thereto;
(10) aggravated sexual battery as defined by K.S.A. 21-3518 and amendments thereto;
(11) aggravated incest as defined by K.S.A. 21-3603 and amendments thereto; or
(12) any conviction for a offense in effect at any time prior to the effective date of this
act, that is comparable to a sexually violent crime as defined in subparagraphs (1) through
(11), or any federal or other state conviction for a felony offense that under the laws of this
state would be a sexually violent crime as defined in this section;
(13) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302 or 21-3303 and amendments thereto, of a sexually violent crime, as defined in this
section; or
(14) any act which at the time of sentencing for the offense has been determined beyond
a reasonable doubt to have been sexually motivated. As used in this subparagraph, ``sexually
motivated'' means that one of the purposes for which the defendant committed the crime
was for the purpose of the defendant's sexual gratification.
(d) ``Violent offender'' includes any person who, after the effective date of this act, is
convicted of any of the following crimes:
(1) Capital murder as defined by K.S.A. 21-3439 and amendments thereto;
(2) murder in the first degree as defined by K.S.A. 21-3401 and amendments thereto;
(3) murder in the second degree as defined by K.S.A. 21-3402 and amendments thereto;
(4) voluntary manslaughter as defined by K.S.A. 21-3403 and amendments thereto;
(5) involuntary manslaughter as defined by K.S.A. 21-3404 and amendments thereto;
or
(6) any conviction for an offense in effect at any time prior to the effective date of this
act, that is comparable to any crime defined in this subsection, or any federal or other state
conviction for an offense that under the laws of this state would be an offense defined in
this subsection; or
(7) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-
3302 or 21-3303 and amendments thereto, of an offense defined in this subsection.
Upon such conviction, the court shall certify that the person is an offender subject to the
provisions of K.S.A. 22-4901 et seq. and amendments thereto and shall include this
certification in the order of commitment. Convictions which result from or are connected
with the same act, or result from crimes committed at the same time, shall be counted for
the purpose of this section as one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this section. A conviction from another state shall constitute
a conviction for purposes of this section.
(e) ``Law enforcement agency having jurisdiction'' means the sheriff of the county in
which the offender expects to reside upon the offender's discharge, parole or release.
Sec. 18. K.S.A. 1998 Supp. 75-5217 is hereby amended to read as follows: 75-5217. (a)
At any time during release on parole, conditional release or postrelease supervision, the
secretary of corrections may issue a warrant for the arrest of a released inmate for violation
of any of the conditions of release, or a notice to appear to answer to a charge of violation.
Such notice shall be served personally upon the released inmate. The warrant shall authorize
any law enforcement officer to arrest and deliver the released inmate to a place as provided
by subsection (f). Any parole officer may arrest such released inmate without a warrant, or
may deputize any other officer with power of arrest to do so by giving such officer a written
arrest and detain order setting forth that the released inmate, in the judgment of the parole
officer, has violated the conditions of the inmate's release. The written arrest and detain
order delivered with the released inmate by the arresting officer to the official in charge of
the institution or place to which the released inmate is brought for detention shall be
sufficient warrant for detaining the inmate. After making an arrest the parole officer shall
present to the detaining authorities a similar arrest and detain order and statement of the
circumstances of violation. Pending a hearing, as provided in this section, upon any charge
of violation the released inmate shall remain incarcerated in the institution or place to which
the inmate is taken for detention.
(b) Upon such arrest and detention, the parole officer shall notify the secretary of
corrections, or the secretary's designee, within five days and shall submit in writing a report
showing in what manner the released inmate had violated the conditions of release. After
such notification is given to the secretary of corrections, or upon an arrest by warrant as
herein provided, and the finding of probable cause pursuant to procedures established by
the secretary of a violation of the released inmate's conditions of release, the secretary shall
cause the released inmate to be brought before the Kansas parole board, its designee or
designees, for a hearing on the violation charged, under such rules and regulations as the
board may adopt. It is within the discretion of the Kansas parole board whether such hearing
requires the released inmate to appear personally before the board when such inmate's
violation results from a conviction for a new felony or misdemeanor. An offender under determinant sentencing whose violation does not result from a conviction of a new felony or misdemeanor may waive the right to a final revocation hearing before the Kansas parole board under such conditions and terms as may be prescribed by rules and regulations promulgated by the Kansas parole board. Relevant written statements made under oath
shall be admitted and considered by the Kansas parole board, its designee or designees,
along with other evidence presented at the hearing. If the violation is established to the
satisfaction of the Kansas parole board, the board may continue or revoke the parole or
conditional release, or enter such other order as the board may see fit. RevocationsThe revocation of release of inmates who areis on a specified period of postrelease supervision
shall be for a six-month period of confinement from the date of the revocation hearing
before the board or the effective date of waiver of such hearing by the offender pursuant to rules and regulations promulgated by the Kansas parole board, if the violation does not
result from a conviction for a new felony or misdemeanor. Such period of confinement may
be reduced by not more than 3 months based on the inmate's conduct, work and program
participating during the incarceration period. The reduction in the incarceration period shall
be on an earned basis pursuant to rules and regulations adopted by the secretary of
corrections.
(c) If the violation does result from a conviction for a new felony or misdemeanor, upon
revocation the inmate shall serve the entire remaining balance of the period of postrelease
supervision even if the new conviction did not result in the imposition of a new term of
imprisonment.
(d) In the event the released inmate reaches conditional release date as provided by
K.S.A. 22-3718 and amendments thereto after a finding of probable cause, pursuant to
procedures established by the secretary of corrections of a violation of the released inmate's
conditions of release, but prior to a hearing before the Kansas parole board, the secretary
of corrections shall be authorized to detain the inmate until the hearing by the Kansas parole
board. The secretary shall then enforce the order issued by the Kansas parole board.
(e) If the secretary of corrections issues a warrant for the arrest of a released inmate
for violation of any of the conditions of release and the released inmate is subsequently
arrested in the state of Kansas, either pursuant to the warrant issued by the secretary of
corrections or for any other reason, the released inmate's sentence shall not be credited
with the period of time from the date of the issuance of the secretary's warrant to the date
of the released inmate's arrest.
If a released inmate for whom a warrant has been issued by the secretary of corrections
for violation of the conditions of release is subsequently arrested in another state, and the
released inmate has been authorized as a condition of such inmate's release to reside in or
travel to the state in which the released inmate was arrested, and the released inmate has
not absconded from supervision, the released inmate's sentence shall not be credited with
the period of time from the date of the issuance of the warrant to the date of the released
inmate's arrest. If the released inmate for whom a warrant has been issued by the secretary
of corrections for violation of the conditions of release is subsequently arrested in another
state for reasons other than the secretary's warrant and the released inmate does not have
authorization to be in the other state or if authorized to be in the other state has been
charged by the secretary with having absconded from supervision, the released inmate's
sentence shall not be credited with the period of time from the date of the issuance of the
warrant by the secretary to the date the released inmate is first available to be returned to
the state of Kansas. If the released inmate for whom a warrant has been issued by the
secretary of corrections for violation of a condition of release is subsequently arrested in
another state pursuant only to the secretary's warrant, the released inmate's sentence shall
not be credited with the period of time from the date of the issuance of the secretary's
warrant to the date of the released inmate's arrest, regardless of whether the released
inmate's presence in the other state was authorized or the released inmate had absconded
from supervision.
The secretary may issue a warrant for the arrest of a released inmate for violation of any
of the conditions of release and may direct that all reasonable means to serve the warrant
and detain such released inmate be employed including but not limited to notifying the
federal bureau of investigation of such violation and issuance of warrant and requesting from
the federal bureau of investigation any pertinent information it may possess concerning the
whereabouts of the released inmate.
(f) Law enforcement officers shall execute warrants issued by the secretary of
corrections pursuant to subsection (a) or (d), and shall deliver the inmate named in the
warrant to the jail used by the county where the inmate is arrested unless some other place
is designated by the secretary, in the same manner as for the execution of any arrest
warrant.'';
And by renumbering sections accordingly;
Also on page 2, in line 23, after ``K.S.A.'' by inserting ``21-3503, 21-3504, 21-3505, 21-
3510, 21-3520, 21-3705, 21-4605 and''; also in line 23, by striking ``is'' and inserting ``and
K.S.A. 1998 Supp. 8-262, 8-287, 21-3402, 21-3810, 21-4603d, 21-4704, 21-4706, 22-3717,
22-4902 and 75-5217 are'';
On page 1, in the title, in line 13, after the semicolon by inserting ``prescribing certain
penalties;''; also in line 13, after ``K.S.A.'' by inserting ``21-3503, 21-3504, 21-3505, 21-3510,
21-3520, 21-3705, 21-4605 and''; also in line 13, after ``21-4636'' by inserting ``and K.S.A.
1998 Supp. 8-262, 8-287, 21-3402, 21-3810, 21-4603d, 21-4704, 21-4706, 22-3717, 22-4902
and 75-5217''; in line 14, by striking ``section'' and inserting ``sections''; and the bill be passed
as amended.
Committee on Ways and Means recommends HCR 5037 be adopted.
COMMITTEE OF THE WHOLE
The Senate returned to Committee of the Whole for consideration of bills on the calendar
under the heading of General Orders with Senator Jones in the chair.
On motion of Senator Jones the following report for the afternoon session was adopted.
HB 2056; Sub HB 2076; HB 2135, 2155, 2184,2206, 2266 be passed.
Also SCR 1614; HCR5014 be adopted SB 342, 348; HB2035, 2105, 2140,2142, 2227 be amended by adoption of the committee amendments, and the bills be passed as
amended.
SCR 1616 be amended by adoption of the committee report and the concurrent
resolution be adopted as amended.
The Committee returned to consideration of SB 40 as amended by adoption of the
committee amendments during the morning session.
Senator Gooch moved to amend the bill on page 2, in line 38, by striking the comma; by
striking all in line 39; in line 40, by striking ``thereafter'' and inserting ``commencing with
the next legislative session commencing immediately after such retirant retired as a member
of the legislature'';
The motion failed and the amendment was rejected.
The Committee recommended SB 40 be passed as amended.
SB 344 be amended by adoption of the committee amendments.
Senator Lee moved to amend the bill on page 3, in line 2, by striking ``the sum of''; in
line 5, before ``the'', by inserting ``the school year next preceding the preceding school year
minus enrollment in such school year of preschool-aged at-risk pupils, if any such pupils
were enrolled, plus enrollment in''; in line 6, by striking ``and the''; by striking all of lines 7
through 13; in line 14, by striking all before the period
Upon the showing of five hands a roll call vote was requested.
On roll call, the vote was: Yeas 16, nays 23, present and passing 1; absent or not voting
0.
The Committee recommended SB 344 be passed as amended.
HB 2033 be amended by adoption of the committee amendments and further amended
by motion of Senator Huelskamp on page 1, line 39, following the word ``internship;'', by
inserting ``(K) pastoral counseling;'' and the bill be passed as further amended.
HB 2065 be amended by motion of Senator Oleen on page 4, following line 19, by
inserting:
``Sec. 3. K.S.A. 46-2301 is hereby amended to read as follows: 46-2301. As used in this
act:
(a) ``Class III gaming'' has the meaning provided by the Indian gaming regulatory act
(25 U.S.C. 2701 et seq.).
(b) ``Gaming compact'' means a tribal-state compact regarding class III gaming as
provided by section 11 of the Indian gaming regulatory act (25 U.S.C. 2710).
(c) ``Committee'' or ``joint committee'' means the joint committee on state-tribal relations.
Sec. 4. K.S.A. 46-2302 is hereby amended to read as follows: 46-2302. (a) Any request
by a tribe for negotiation of a gaming compact with the state of Kansas, including a request
for renegotiation of an existing gaming compact, received on or after the effective date of
this act shall be submitted in writing to the governor.
(b) The governor or the governor's designated representatives are authorized to
negotiate gaming compacts on behalf of the state of Kansas. At the conclusion of
negotiations, the governor shall submit the proposed compact to the joint committee on gaming compacts for the jointstate-tribal relations for the committee's recommendations
as to approval or modification of the proposed compact.
(c) If the joint committee recommends modification of a proposed compact submitted
by the governor, the governor or the governor's representatives may resume negotiations in
accordance with the joint committee's recommendations and the modified proposed
compact shall be submitted to the joint committee in the same manner as the original
proposed compact. Within 5 days after receiving the joint committee's recommended
modifications, the governor shall notify the joint committee, in writing, as to whether or not
the governor has resumed negotiations. Within 10 days after receipt of notice that the
governor has not resumed negotiations, or if the governor fails to notify the joint committee
that the governor has resumed negotiations, the joint committee shall vote to recommend
approval or rejection of the proposed compact or shall vote to make no recommendation
on the proposed compact.
(d) (1) If the legislature is in session when the joint committee on gaming compacts
votes to recommend approval or rejection of a proposed compact or votes to make no
recommendation on a proposed compact, as authorized by this section, the joint committee
shall introduce in each house of the legislature, within five days after the joint committee's
vote, a resolution approving the proposed compact as submitted by the governor. Each
resolution shall be accompanied by the report of the joint committee recommending that
the resolution be adopted or not be adopted or reporting the resolution without
recommendation. If, within 10 days after introduction of the resolutions, a majority of the
members of each house votes to adopt the resolution introduced in such house, the proposed
compact shall be considered to have been approved by the legislature and the governor is
authorized to execute the compact on behalf of the state. Each house of the legislature shall
vote on the resolution introduced in such house within 10 days after introduction unless the
other house has already voted against adoption of the resolution introduced in such other
house.
(2) If the legislature is not in session when the joint committee on gaming compacts
votes to recommend approval or rejection of a proposed compact or votes to make no
recommendation on a proposed compact, as authorized by this section, the joint committee
shall notify the legislative coordinating council of the joint committee's action within five
days after such action. If, within 30 days after receiving such notice, the legislative
coordinating council votes, by a vote of five members of the council, to approve the proposed
compact, the compact shall be considered to have been approved by the legislative
coordinating council and the governor is authorized to execute the compact on behalf of
the state.
(3) Neither the legislature nor the legislative coordinating council has the authority to
amend or otherwise modify any proposed gaming compact.
(e) The attorney general shall be the legal counsel for the governor or the governor's
representatives in negotiating a gaming compact under this section and for the joint
committee on gaming compacts in reviewing proposed compacts.
(f) A gaming compact negotiated on behalf of the state under this section shall contain:
(1) A provision recognizing the right of each party to the compact to request that the
compact be renegotiated or replaced by a new compact, including the right of the legislature
by concurrent resolution to request renegotiation or replacement of the compact, and
providing the terms under which either party, including the legislature, may request a
renegotiation or the negotiation of a new compact; and
(2) a provision that, in the event of a request for a renegotiation or a new compact, the
existing compact will remain in effect until renegotiated or replaced.
(g) The governor, or the governor's designated representatives, and the attorney general
shall report to the joint committee on gaming compacts, at such times as requested by the
joint committee, regarding gaming compacts negotiated and prospective negotiations.
Sec. 5. K.S.A. 46-2303 is hereby amended to read as follows: 46-2303. (a) There is hereby established the joint committee on gaming compacts, which shall consist of three senators and three members of the house of representatives. Of the senators, two shall be appointed by the president of the senate and one by the minority leader of the senate. Of the members of the house of representatives, two shall be appointed by the speaker of the house of representatives and one by the minority leader of the house of representatives.
(a) The joint committee on gaming compacts is hereby reconstituted as the joint committee on state-tribal relations. The joint committee shall consist of 12 members as follows: (1) Five members of the senate and five members of the house of representatives; and (2) the governor or the governor's designee and the attorney general or the attorney general's designee who shall be nonvoting members. Of the members appointed from the senate, three shall be appointed by the president of the senate and two shall be appointed by the minority leader of the senate. Of the members appointed from the house of representatives, three shall be appointed by the speaker of the house of representatives and two by the minority leader of the house of representatives. Such members shall be selected only from the membership of the standing committees on federal and state affairs, judiciary, taxation and assessment and taxation. All legislative members of the joint committee shall serve for terms ending on the first day of the regular legislative session in odd-numbered years.
(b) The joint committee on gaming compacts:
(1) May establish and transmit to the governor proposed guidelines reflecting the public policies and state interests, as embodied in the constitution, statutes and case law of the state of Kansas, consistent with the Indian gaming regulatory act (25 U.S.C. 2701 et seq.), that the joint committee will consider in reviewing proposed compacts;
(2) may recommend to the governor that any gaming compact provide for the imposition and collection of state sales and excise taxes on sales of nongaming goods and services to persons other than tribal members and imposition and collection of state income tax on revenues derived from sales of nongaming goods and services;
(3) may hold public hearings on proposed gaming compacts submitted to the joint committee by the governor; and
(4) shall, in accordance with K.S.A. 46-2302, recommend modification of proposed gaming compacts submitted by the governor and introduce resolutions approving proposed gaming compacts submitted by the governor and recommend that such resolutions be adopted or be not adopted, or report such resolutions without recommendation, and notify the governor, in writing, of the joint committee's action.
(c) The president of the senate shall designate a senator member to be chairperson of the joint committee on gaming compacts in even-numbered years and the vice-chairperson in odd-numbered years. The speaker of the house of representatives shall designate a representative member to be chairperson of the committee in odd-numbered years and the vice-chairperson in even-numbered years. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson.
(b) Each year the members of the joint committee shall elect from its membership a chairperson and a vice-chairperson. During odd-numbered years, the chairperson shall be a member from the senate and the vice-chairperson shall be a member from the house of representatives. During even-numbered years, the chairperson shall be a member from the house of representatives and the vice-chairperson shall be a member from the senate. The vice-chairperson shall exercise all of the powers and duties of the chairperson in the absence of the chairperson.
(d)(c) A quorum of the joint committee on gaming compacts shall be foursix. Actions
of the joint committee recommending that a resolution approving a proposed compact be
adopted or not be adopted shall be only on the affirmative vote of foureight or more
members of the joint committee, at least twofour of whom shall be senators and at least twofour of whom shall be members of the house of representatives. Action of the joint
committee to report without recommendation a resolution approving a compact may be on
the affirmative vote of any threefive or more members of the committee. All other actions
of the joint committee may be taken by a majority of those present when there is a quorum.
(e)(d) The joint committee on gaming compacts may meet at any time and at any place
within the state on the call of the chairperson. The joint committee may appoint subcommittees as deemed appropriate. Members of the joint committee and subcommittees thereof, shall receive compensation, travel, subsistence allowance and mileage as provided by K.S.A. 75-3212, and amendments thereto, when attending meetings of the joint committee or subcommittee thereof.
(f)(e) The provisions of the acts contained in article 12 of chapter 46 of the Kansas
Statutes Annotated, and amendments thereto, applicable to special committees shall apply
to the joint committee on gaming compacts to the extent that the same do not conflict with
the specific provisions of this act applicable to the joint committee.
(g)(f) In accordance with K.S.A. 46-1204, and amendments thereto, the legislative
coordinating council may provide for such professional services as may be requested by the
joint committee on gaming compacts.
(h) The joint committee on gaming compacts may introduce such legislation as it considers necessary in performing its functions.
(g) The joint committee:
(1) May establish and transmit to the governor proposed guidelines reflecting the public policies and state interests, as embodied in the constitution, statutes and case law of the state of Kansas, consistent with the Indian gaming regulatory act (25 U.S.C. 2701 et seq.), that the joint committee will consider in reviewing proposed compacts;
(2) may recommend to the governor that any gaming compact provide for the imposition and collection of state sales and excise taxes on sales of nongaming goods and services to persons other than tribal members and imposition and collection of state income tax on revenues derived from sales of nongaming goods and services;
(3) may hold public hearings on proposed gaming compacts submitted to the joint committee by the governor;
(4) shall recommend modification of proposed gaming compacts submitted by the governor and introduce resolutions approving proposed gaming compacts submitted by the governor and recommend that such resolutions be adopted or be not adopted, or report such resolutions without recommendation, and notify the governor, in writing, of the joint committee's action;
(5) shall meet, discuss and hold hearings on issues concerning state and tribal relations; and
(6) may introduce such legislation as deemed necessary in performing its functions.'';
By renumbering sections accordingly;
Also on page 4, in line 20, preceding ``K.S.A.'' by inserting ``K.S.A. 46-2301, 46-2302 and
46-2303 and'';
In the title, in line 11, preceding ``K.S.A.'' by inserting ``K.S.A. 46-2301, 46-2302 and 46-
2303 and'', and the bill be passed as amended.
HB 2092 be amended by adoption of the committee amendments and further amended
by motion of Senator Oleen on page 5, after line 37, by inserting the following:
``Sec. 2. K.S.A. 1998 Supp. 38-1604 is hereby amended to read as follows: 38-1604. (a)
Except as provided in K.S.A. 38-1636, and amendments thereto, proceedings concerning a
juvenile who appears to be a juvenile offender shall be governed by the provisions of this
code.
(b) The district court shall have original jurisdiction to receive and determine
proceedings under this code.
(c) When jurisdiction is acquired by the district court over an alleged juvenile offender
it may continue until: (1) Sixty days after sentencing, if the juvenile is committed directly
to a juvenile correctional facility; (2) the juvenile has attained the age of 23 years, if
committed to the custody of the commissioner pursuant to subsection (c) of K.S.A. 38-1665,
and amendments thereto, unless an adult sentence is imposed pursuant to an extended
jurisdiction juvenile prosecution. If such adult sentence is imposed, jurisdiction shall
continue until discharged by the court or other process for the adult sentence; (3) the
juvenile has been discharged by the court; or (4) the juvenile has been discharged under
the provisions of K.S.A. 38-1675, and amendments thereto.
(d) Effective July 1, 1999, if a juvenile is adjudicated a juvenile offender and has previously been adjudicated a child in need of care, the Kansas juvenile justice code shall apply to such juvenile and the Kansas code for care of children shall suspend during the time of jurisdiction pursuant to the Kansas juvenile justice code. Prior to July 1, 1999, the court may apply the provisions of either code to a juvenile adjudicated under both codes. Nothing in this subsection shall preclude such juvenile offender from accessing services provided by the department of social and rehabilitation services or any other state agency if such juvenile is eligible for such services.
(1) If a juvenile offender, at the time of sentencing, is in an out of home placement in the custody of the secretary of social and rehabilitation services under the Kansas code for care of children code, the sentencing court may order the continued placement of the juvenile as a child in need of care unless the offender was adjudicated for a felony or a second, or subsequent, misdemeanor. If the adjudication was for a felony or a second, or subsequent misdemeanor, the continued placement cannot be ordered unless the court finds there are compelling circumstances which require, in the best interest of the juvenile, that the placement should be continued. In considering whether compelling circumstances exist, the court shall consider the reports and recommendations of the foster placement, the contract provider, the secretary of social and rehabilitation services, the presentence investigation and all other relevant factors. If the foster placement refuses to continue the juvenile in the foster placement the court shall not order continued placement as a child in need of care.
(2) If a placement with the secretary of social and rehabilitation services is continued after sentencing, the secretary shall not be responsible for any costs of sanctions imposed under this code.
(3) If such a juvenile offender is placed in the custody of the juvenile justice authority, the secretary of social and rehabilitation services shall not be responsible for furnishing services ordered in the child in need of care proceeding during the time of the placement pursuant to the Kansas juvenile justice code. Nothing in this subsection shall preclude such juvenile offender from accessing services provided by the department of social and rehabilitation services or any other state agency if such juvenile is eligible for such services.
(e) The provisions of this code shall govern with respect to offenses committed on or
after July 1, 1997.
Sec. 3. K.S.A. 1998 Supp. 38-1624 is hereby amended to read as follows: 38-1624. (a) By a law enforcement officer. A law enforcement officer may take an alleged juvenile
offender into custody when:
(1) Any offense has been or is being committed by the juvenile in the officer's view;
(2) the officer has a warrant commanding that the juvenile be taken into custody;
(3) the officer has probable cause to believe that a warrant or order commanding that
the juvenile be taken into custody has been issued in this state or in another jurisdiction for
an act committed therein;
(4) the officer has probable cause to believe that the juvenile is committing or has
committed an act which, if committed by an adult, would constitute:
(A) A felony; or
(B) a misdemeanor and (i) the juvenile will not be apprehended or evidence of the
offense will be irretrievably lost unless the juvenile is immediately taken into custody or (ii)
the juvenile may cause injury to self or others or damage to property or may be injured
unless immediately taken into custody; or
(5) the officer has probable cause to believe that the juvenile has violated an order for
electronic monitoring as a term of probation.
(b) By a court services officer or juvenile community corrections officer. A court services
officer or juvenile community corrections officer may take a juvenile into custody when there
is a warrant commanding that the juvenile be taken into custody, when the court services
officer has probable cause to believe that a warrant or order commanding that the juvenile
be taken into custody has been issued in this state or in another jurisdiction for an act
committed therein or when there is probable cause to believe that the juvenile has violated
an order for electronic monitoring as a term of probation.
(c) Procedure. (1) When any law enforcement officer takes an alleged juvenile offender
into custody, the juvenile shall be taken without unnecessary delay to an intake and
assessment worker if an intake and assessment program exists in the jurisdiction, or before
the court for proceedings in accordance with this code or, if the court is not open for the
regular conduct of business, to a court services officer, a juvenile intake and assessment
worker, a juvenile detention facility or youth residential facility which the court or the
commissioner shall have designated. The officer shall not take the juvenile to a juvenile
detention facility unless the juvenile meets one or more of the criteria listed in K.S.A. 38-
1640, and amendments thereto. Even if the juvenile meets one or more of such criteria,
the officer shall first consider whether taking the juvenile to an available nonsecure facility
is more appropriate.
(2) It shall be the duty of the officer to furnish the county or district attorney or the
juvenile intake and assessment worker if the officer has delivered such juvenile to the worker,
with all of the information in the possession of the officer pertaining to the juvenile; the
juvenile's parents, or other persons interested in or likely to be interested in the juvenile;
and all other facts and circumstances which caused the juvenile to be arrested or taken into
custody.
(3) (A) When the juvenile is less than 14 years of age, no in-custody or arrest admission
or confession resulting from interrogation may be admitted into evidence unless the
confession or admission was made following a consultation between the juvenile and the
juvenile's parents, guardian or attorney as to whether the juvenile will waive such juvenile's
right to an attorney and right against self-incrimination. It shall be the duty of the facility
where the juvenile has been delivered to make a reasonable effort to contact the parent or
guardian immediately upon such juvenile's arrival unless such parent or guardian is the
alleged victim or alleged co-defendantcodefendant of the crime under investigation.
(B) When a parent or guardian is the alleged victim or alleged co-defendantcodefendant
of the crime under investigation and the juvenile is less than 14 years of age, no in-custody
or arrest admission or confession may be admitted into evidence unless the confession or
admission was made following a consultation between the juvenile and a parent or guardian
who is not involved in the investigation of the crime, or an attorney as to whether the juvenile
will waive such juvenile's right to an attorney and right against self-incrimination. It shall
be the duty of the facility where the juvenile has been delivered to make reasonable effort
to contact a parent or guardian who is not involved in the investigation of the crime
immediately upon such juvenile's arrival.
(d) Release prior to detention hearing. In the absence of a court order to the contrary,
the court or officials designated by the court, the county or district attorney or the law
enforcement agency taking a juvenile into custody shall have the authority to direct the
release of the juvenile prior to the time specified by subsection (a) of K.S.A. 38-1632 and
amendments thereto. In addition, if an agreement is established pursuant to K.S.A. 38-1635,
and amendments thereto, a juvenile intake and assessment worker shall have the authority
to direct the release of a juvenile prior to a detention hearing after the completion of the
intake and assessment process if the juvenile intake and assessment worker has reason to
believe that if released the juvenile will appear for further proceedings and will not be
dangerous to self or others.
(e) Person 18 or over taken into custody; detention and release. Whenever a person 18
years of age or more is taken into custody by a law enforcement officer for an alleged offense
which was committed prior to the time the person reached the age of 18, the officer shall
notify and refer the matter to the court for proceedings pursuant to this code, except that
the provisions of this code relating to detention hearings shall not apply to that person. If
detention is necessary, the person shall be detained in jail. Unless the law enforcement
officer took the person into custody pursuant to a warrant issued by the court and the warrant
specifies the amount of bond or indicates that the person may be released on personal
recognizance, the person shall be taken before the court of the county where the alleged
act took place or, at the request of the person, the person shall be taken, without delay,
before the nearest court. The court shall fix the terms and conditions of an appearance bond
upon which the person may be released from custody. The provisions of article 28 of chapter
22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and amendments thereto relating
to appearance bonds and review of conditions and release shall be applicable to appearance
bonds provided for in this section.
(f) Definitions. As used in this section, ``custody'' means (1) detention of a juvenile or
(2) the arrest or detention of a juvenile in a facility for holding persons charged or
adjudicated as a juvenile offender.
Sec. 4. K.S.A. 1998 Supp. 38-1636 is hereby amended to read as follows: 38-1636. (a)
(1) Except as provided further, at any time after commencement of proceedings under this
code against a respondent and prior to the beginning of an evidentiary hearing at which the
court may enter a sentence as provided in K.S.A. 38-1655, and amendments thereto, the
county or district attorney may file a motion requesting that the court authorize prosecution
of the respondent as an adult under the applicable criminal statute. The respondent shall
be presumed to be a juvenile unless good cause is shown to prosecute the respondent as an
adult.
(2) At any time after commencement of proceedings under this code against a
respondent who was: (A) 14, 15, 16 or 17 years of age at the time of the offense or offenses
alleged in the complaint, if any such offense (i) if committed by an adult, would constitute
an offgrid offense, a person felony, a nondrug severity level 1 through 6 felony or any drug
severity level 1 or 2 felony; or (ii) was committed while in possession of a firearm; or (B)
charged with a felony or with more than one offense of which one or more constitutes a
felony after having been adjudicated or convicted in a separate prior juvenile proceeding as
having committed an offense which would constitute a felony if committed by an adult and
the adjudications or convictions occurred prior to the date of the commission of the new
act charged and prior to the beginning of an evidentiary hearing at which the court may
enter a sentence as provided in K.S.A. 38-1655, and amendments thereto, the county or
district attorney may file a motion requesting that the court authorize prosecution of the
respondent as an adult under the applicable criminal statute. The respondent shall be
presumed to be an adult. The burden of proof is on the respondent to rebut the presumption.
(3) At any time after commencement of proceedings under this code against a
respondent and prior to the beginning of an evidentiary hearing at which the court may
enter a sentence as provided in K.S.A. 38-1655, and amendments thereto, the county or
district attorney may file a motion requesting that the court designate the proceedings as
an extended jurisdiction juvenile prosecution as provided further. If the county or district
attorney files a motion to designate the proceedings as an extended jurisdiction juvenile
prosecution and the respondent was 14, 15, 16 or 17 years of age at the time of the offense
or offenses alleged in the complaint and: (A) charged with an offense (i) if committed by
an adult, would constitute an offgrid felony, a person felony, a nondrug severity level 1
through 6 felony or any drug severity level 1 or 2 felony; or (ii) was committed while in
possession of a firearm; or (B) charged with a felony or with more than one offense of which
one or more constitutes a felony after having been adjudicated or convicted in a separate
prior juvenile proceeding as having committed an act which would constitute a felony if
committed by an adult and the adjudications or convictions occurred prior to the date of
the commission of the new offense charged, the burden of proof is on the respondent to
rebut the designation of an extended jurisdiction juvenile prosecution. In all other motions
requesting that the court designate the proceedings as an extended jurisdiction juvenile
prosecution, the respondent is presumed to be a juvenile. The burden of proof is on the
prosecutor to prove the respondent should be designated as an extended jurisdiction
juvenile.
(b) The motion also may contain a statement that the prosecuting attorney will introduce
evidence of the offenses alleged in the complaint and request that, on hearing the motion
and authorizing prosecution as an adult or designating the proceedings as an extended
jurisdiction juvenile prosecution under this code, the court may make the findings required
in a preliminary examination provided for in K.S.A. 22-2902, and amendments thereto, and
the finding that there is no necessity for further preliminary examination.
(c) (1) Upon receiving a motion as established in subsection (a), the court shall set a
time and place for hearing on the motion. The court shall give notice of the hearing to the
respondent, each parent of the respondent, if service is possible, and the attorney
representing the respondent. The motion shall be heard and determined prior to any further
proceedings on the complaint.
(2) At the hearing, the court shall inform the respondent of the following:
(A) The nature of the charges in the complaint;
(B) the right of the respondent to be presumed innocent of each charge;
(C) the right to trial without unnecessary delay and to confront and cross-examine witnesses appearing in support of the allegations of the complaint;
(D) the right to subpoena witnesses;
(E) the right of the respondent to testify or to decline to testify; and
(F) the sentencing alternatives the court may select as the result of the juvenile being prosecuted under an extended jurisdiction juvenile prosecution.
(d) If the respondent fails to appear for hearing on a motion as established in subsection
(a) after having been served with notice of the hearing, the court may hear and determine
the motion in the absence of the respondent. If the court is unable to obtain service of
process and give notice of the hearing, the court may hear and determine the motion in the
absence of the respondent after having given notice of the hearing at least once a week for
two consecutive weeks in the official county newspaper of the county where the hearing
will be held.
(e) In determining whether or not prosecution as an adult should be authorized or
designating the proceeding as an extended jurisdiction juvenile prosecution, the court shall
consider each of the following factors: (1) The seriousness of the alleged offense and whether
the protection of the community requires prosecution as an adult or designating the
proceeding as an extended jurisdiction juvenile prosecution; (2) whether the alleged offense
was committed in an aggressive, violent, premeditated or willful manner; (3) whether the
offense was against a person or against property. Greater weight shall be given to offenses
against persons, especially if personal injury resulted; (4) the number of alleged offenses
unadjudicated and pending against the respondent; (5) the previous history of the
respondent, including whether the respondent had been adjudicated a juvenile offender
under this code and, if so, whether the offenses were against persons or property, and any
other previous history of antisocial behavior or patterns of physical violence; (6) the
sophistication or maturity of the respondent as determined by consideration of the
respondent's home, environment, emotional attitude, pattern of living or desire to be treated
as an adult; (7) whether there are facilities or programs available to the court which are
likely to rehabilitate the respondent prior to the expiration of the court's jurisdiction under
this code; and (8) whether the interests of the respondent or of the community would be
better served by criminal prosecution or extended jurisdiction juvenile prosecution. The
insufficiency of evidence pertaining to any one or more of the factors listed in this subsection,
in and of itself, shall not be determinative of the issue. Subject to the provisions of K.S.A.
38-1653, and amendments thereto, written reports and other materials relating to the
respondent's mental, physical, educational and social history may be considered by the court.
(f) (1) The court may authorize prosecution as an adult upon completion of the hearing
if the court finds that there is substantial evidence that the respondent should be prosecuted
as an adult for the offense with which the respondent is charged. In that case, the court
shall direct the respondent be prosecuted under the applicable criminal statute and that the
proceedings filed under this code be dismissed.
(2) The court may designate the proceeding as an extended jurisdiction juvenile
prosecution upon completion of the hearing if the respondent has failed to rebut the
presumption or the court finds that there is substantial evidence that the respondent should
be prosecuted under an extended jurisdiction juvenile prosecution. A juvenile who is the
subject of an extended jurisdiction juvenile prosecution shall have the right to a trial by jury,
to the effective assistance of counsel and to all other rights of a defendant pursuant to the
Kansas code of criminal procedure. Each court shall adopt local rules to establish the basic
procedures for extended juvenile jurisdiction prosecution in their jurisdictions.
(3) After a proceeding in which prosecution as an adult is requested pursuant to
subsection (a)(2), and prosecution as an adult is not authorized, the court may designate the
proceedings to be an extended juvenile jurisdiction prosecution. A juvenile who is the subject
of an extended juvenile jurisdiction prosecution shall have the right to a trial by jury, to the
effective assistance of counsel and to all other rights of a defendant pursuant to the Kansas
code of criminal procedure. Each court shall adopt local rules to establish the basic
procedures for extended juvenile jurisdiction prosecution in their jurisdictions.
(g) If the respondent is present in court and the court also finds from the evidence that
it appears a felony has been committed and that there is probable cause to believe the felony
has been committed by the respondent, the court may direct that there is no necessity for
further preliminary examination on the charges as provided for in K.S.A. 22-2902, and
amendments thereto. In that case, the court shall order the respondent bound over to the
district judge having jurisdiction to try the case.
(h) If the respondent is convicted, the authorization for prosecution as an adult shall
attach and apply to any future acts by the respondent which are or would be cognizable
under this code.
(i) If the respondent is prosecuted as an adult under subsection (a)(2) and is not
convicted in adult court of an offense listed in subsection (a)(2) but is convicted or
adjudicated of a lesser included offense, the respondent shall be a juvenile offender and
receive a sentence pursuant to K.S.A. 38-1663, and amendments thereto.
Sec. 5. K.S.A. 1998 Supp. 38-1640 is hereby amended to read as follows: 38-1640. (a) Except as provided in subsection (b), the following are criteria for determining whether to
place a juvenile in a juvenile detention facility pursuant to subsection (c) of K.S.A. 38-1624
or subsection (e) of K.S.A. 38-1632, and amendments thereto:
(1) There is oral or written verification that the juvenile is a fugitive sought for an offense
in another jurisdiction or that the juvenile is currently an escapee from a juvenile detention
facility.
(2) The juvenile is alleged to have committed an offense which if committed by an adult
would constitute a class A, B or C felony if committed prior to July 1, 1993, or would
constitute an off-grid felony, a nondrug severity level 1, 2, 3, 4 or, 5, 6 or 7 felony or drug
level 1, 2 or 3 felony if committed on or after July 1, 1993, or would constitute a crime
described in article 35 of chapter 21 of the Kansas Statutes Annotated.
(3) The juvenile is awaiting court action on another offense which if committed by an
adult would constitute a felony.
(4) The juvenile has a record of failure to appear in court or there is probable cause to
believe that the juvenile will flee the jurisdiction of the court.
(5) The juvenile has a history of violent behavior toward others.
(6) The juvenile exhibited seriously assaultive or destructive behavior at the time of
being taken into custody and continued such behavior after taken into custody.
(7) The juvenile exhibited self-destructive behavior at the time of being taken into
custody and continued such behavior after taken into custody.
(8) The juvenile has a record of adjudication or conviction of one or more offenses
which if committed by an adult would constitute felonies.
(9) The juvenile is a juvenile offender who has been expelled from placement in a
nonsecure facility as a result of the current alleged offense.
(b) The court, after consultation with the county or district attorney and the juvenile intake and assessment worker, may place the juvenile in a juvenile detention facility if the court determines that absent the findings listed in subsection (a), the most appropriate placement for such juvenile is a juvenile detention facility.
(c) No person 18 years of age or more shall be placed in a juvenile detention center.
(c)(d) This section shall be part of and supplemental to the Kansas juvenile justice code.
Sec. 6. K.S.A. 1998 Supp. 38-1663, as amended by section 8 of chapter 187 of the 1998
Session Laws of Kansas, is hereby amended to read as follows: 38-1663. (a) When a
respondent has been adjudicated to be a juvenile offender, the judge may select from the
following alternatives:
(1) Place the juvenile offender on probation for a fixed period, subject to the terms and
conditions the court deems appropriate, including a requirement of making restitution as
required by subsection (d).
(2) Place the juvenile offender in the custody of a parent or other suitable person,
subject to the terms and conditions the court orders, including a requirement of making
restitution as required by subsection (d).
(3) Place the juvenile offender in the custody of a youth residential facility, subject to
the terms and conditions the court orders.
(4) Place the juvenile offender in the custody of the commissioner.
(5) Commit the juvenile offender to a sanctions house for a period no longer than seven
days. Following such period, the court shall review the placement. The court may continue
to recommit the juvenile offender to a sanctions house for a period no longer than seven
days followed by a court review. Commitment to a sanctions house shall not exceed 28 consecutivetotal days for the same act or transaction. If in the adjudication order, the court orders a sanctions house placement for a verifiable probation violation and such probation violation occurs, the juvenile may immediately be taken to a sanctions house and detained for no more than 48 hours, excluding Saturdays, Sundays and holidays, prior to court review of the placement. The court and all other interested parties shall be notified of the sanctions house placement. An offender over 18 years of age or less than 23 years of age at sentencing
may be committed to a county jail, in lieu of a sanctions house, under the same time
restrictions imposed by this paragraph. No offender may be committed under this paragraph
unless such offender has violated the terms of probation.
(6) Commit the juvenile offender to a community based program available in such
judicial district subject to the terms and conditions the court orders.
(7) Impose any appropriate combination of paragraphs (1) through (6) of this subsection
and make other orders directed to the juvenile offender as the court deems appropriate.
(8) Commit the juvenile offender to a juvenile correctional facility if the juvenile
offender:
(A) Previously has been adjudicated as a juvenile offender under this code or under the
Kansas juvenile offender code as it existed prior to July 1, 1997, for an offense which, if
committed by an adult, would constitute a felony, a class A misdemeanor, a class B person
or nonperson select misdemeanor or a class C person misdemeanor; or
(B) has been adjudicated a juvenile offender as a result of having committed an offense
which, if committed by a person 18 years of age or over, would constitute a class A, B or C
felony as defined by the Kansas criminal code or, if done on or after July 1, 1993, would
constitute an off-grid crime or a nondrug crime ranked in severity level 1 through 5 or a
drug crime ranked in severity level 1 through 3.
(9) Place the juvenile offender under a house arrest program administered by the court
pursuant to K.S.A. 21-4603b, and amendments thereto.
(b) (1) In addition to any other order authorized by this section, the court may order
the: (A) Juvenile offender and the parents of the juvenile offender to:
(i) Attend counseling sessions as the court directs; or
(ii) participate in mediation as the court directs. Participants in such mediation may
include, but shall not be limited to, the victim, the juvenile offender and the juvenile
offender's parents. Mediation shall not be mandatory for the victim;
(B) parents of the juvenile offender to participate in parenting classes; or
(C) juvenile offender to participate in a program of education offered by a local board
of education including placement in an alternative educational program approved by a local
board of education.
(2) Upon entering an order requiring a juvenile offender's parent to attend counseling
sessions or mediation, the court shall give the parent notice of the order. The notice shall
inform the parent of the parent's right to request a hearing within 10 days after entry of the
order and the parent's right to employ an attorney to represent the parent at the hearing
or, if the parent is financially unable to employ an attorney, the parent's right to request the
court to appoint an attorney to represent the parent. If the parent does not request a hearing
within 10 days after entry of the order, the order shall take effect at that time. If the parent
requests a hearing, the court shall set the matter for hearing and, if requested, shall appoint
an attorney to represent the parent. The expense and fees of the appointed attorney may
be allowed and assessed as provided by K.S.A. 38-1606, and amendments thereto.
(3) The costs of any counseling or mediation may be assessed as expenses in the case.
No mental health center shall charge a fee for court-ordered counseling greater than what
the center would have charged the person receiving the counseling if the person had
requested counseling on the person's own initiative. No mediator shall charge a fee for
court-ordered mediation greater than what the mediator would have charged the person
participating in the mediation if the person had requested mediation on the person's own
initiative.
(c) (1) If a respondent has been adjudged to be a juvenile offender, the court, in
addition to any other order authorized by this section, may suspend the juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and highways of this
state. The duration of the suspension ordered by the court shall be for a definite time period
to be determined by the court. Upon suspension of a license pursuant to this subsection,
the court shall require the juvenile offender to surrender the license to the court. The court
shall transmit the license to the division of motor vehicles of the department of revenue, to
be retained until the period of suspension expires. At that time, the licensee may apply to
the division for return of the license. If the license has expired, the juvenile offender may
apply for a new license, which shall be issued promptly upon payment of the proper fee and
satisfaction of other conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender's privilege to operate a motor vehicle is in
effect. As used in this subsection, ``highway'' and ``street'' have the meanings provided by
K.S.A. 8-1424 and 8-1473, and amendments thereto. Any respondent who is adjudicated to
be a juvenile offender who does not have a driver's license may have such juvenile offender's
driving privileges revoked. No Kansas driver's license shall be issued to a juvenile offender
whose driving privileges have been revoked pursuant to this section for a definite time period
to be determined by the court.
(2) In lieu of suspending the driver's license or privilege to operate a motor vehicle on
the highways of this state of any respondent adjudicated to be a juvenile offender, as
provided in subsection (c)(1), the court in which such juvenile offender was adjudicated to
be a juvenile offender may enter an order which places conditions on such juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this state, a certified
copy of which such juvenile offender shall be required to carry any time such juvenile
offender is operating a motor vehicle on the streets and highways of this state. Any such
order shall prescribe the duration of the conditions imposed and shall specify that such
duration shall be for a definite time period to be determined by the court. Upon entering
an order restricting a juvenile offender's license hereunder, the court shall require such
juvenile offender to surrender such juvenile offender's driver's license to the court. The
court shall transmit the license to the division of vehicles, together with a copy of the order.
Upon receipt thereof, the division of vehicles shall issue without charge a driver's license
which shall indicate on its face that conditions have been imposed on such juvenile offender's
privilege of operating a motor vehicle and that a certified copy of the order imposing such
conditions is required to be carried by the juvenile offender for whom the license was issued
any time such juvenile offender is operating a motor vehicle on the streets and highways of
this state. If the juvenile offender is a nonresident, the court shall cause a copy of the order
to be transmitted to the division and the division shall forward a copy of it to the motor
vehicle administrator of such juvenile offender's state of residence. Such court shall furnish
to any juvenile offender whose driver's license has had conditions imposed on it under this
section a copy of the order, which shall be recognized as a valid Kansas driver's license until
such time as the division shall issue the restricted license provided for in this subsection.
Upon expiration of the period of time for which conditions are imposed pursuant to this
subsection, the licensee may apply to the division for the return of the license previously
surrendered by such licensee. In the event such license has expired, such juvenile offender
may apply to the division for a new license, which shall be issued immediately by the division
upon payment of the proper fee and satisfaction of the other conditions established by law,
unless such juvenile offender's privilege to operate a motor vehicle on the streets and
highways of this state has been suspended or revoked prior thereto. If any juvenile offender
shall violate any of the conditions imposed under this subsection, such juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and highways of this
state shall be revoked for a period as determined by the court in which such juvenile offender
is convicted of violating such conditions.
(d) Whenever a juvenile offender is placed pursuant to subsection (a)(1) or (2), the
court, unless it finds compelling circumstances which would render a plan of restitution
unworkable, shall order the juvenile offender to make restitution to persons who sustained
loss by reason of the offense. The restitution shall be made either by payment of an amount
fixed by the court or by working for the persons in order to compensate for the loss. If the
court finds compelling circumstances which would render a plan of restitution unworkable,
the court may order the juvenile offender to perform charitable or social service for
organizations performing services for the community.
Nothing in this subsection shall be construed to limit a court's authority to order a juvenile
offender to make restitution or perform charitable or social service under circumstances
other than those specified by this subsection or when placement is made pursuant to
subsection (a)(3) or (4).
(e) In addition to or in lieu of any other order authorized by this section, the court may
order a juvenile offender to pay a fine not exceeding $250 for each offense. In determining
whether to impose a fine and the amount to be imposed, the court shall consider the
following:
(1) Imposition of a fine is most appropriate in cases where the juvenile offender has
derived pecuniary gain from the offense.
(2) The amount of the fine should be related directly to the seriousness of the juvenile
offender's offense and the juvenile offender's ability to pay.
(3) Payment of a fine may be required in a lump sum or installments.
(4) Imposition of a restitution order is preferable to imposition of a fine.
(5) The juvenile offender's duty of payment should be limited in duration and in no
event should the time necessary for payment exceed the maximum term which would be
authorized if the offense had been committed by an adult.
(f) In addition to or in lieu of any other order authorized by this section, if a juvenile is
adjudicated to be a juvenile offender by reason of a violation of K.S.A. 41-719, 41-727, 65-
4101 through 65-4164 or K.S.A. 1998 Supp. 8-1599, and amendments thereto, the court
shall order the juvenile offender to submit to and complete an alcohol and drug evaluation
by a community-based alcohol and drug safety action program certified pursuant to K.S.A.
8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that
statute for such evaluation. The court may waive such evaluation if the court finds that the
juvenile offender has completed successfully an alcohol and drug evaluation, approved by
the community-based alcohol and drug safety action program, within 12 months before
sentencing. If such evaluation occurred more than 12 months before sentencing, the court
shall order the juvenile offender to resubmit to and complete such evaluation and program
as provided herein. If the court finds that the juvenile offender and those legally liable for
the offender's support are indigent, the fee may be waived. In no event shall the fee be
assessed against the commissioner or the juvenile justice authority. The court may require
the parent or guardian of the juvenile offender to attend such program with the juvenile
offender.
(g) The board of county commissioners of a county may provide by resolution that the
parents or guardians of any juvenile offender placed under a house arrest program pursuant
to subsection (a)(9) shall be required to pay to the county the cost of such house arrest
program. The board of county commissioners shall prepare a sliding financial scale based
on the ability of the parents to pay for such a program.
(h) In addition to any other order authorized by this section, if child support has been
requested and the parent or parents have a duty to support the respondent the court may
order, and when custody is placed with the commissioner shall order, one or both parents
to pay child support. The court shall determine, for each parent separately, whether the
parent already is subject to an order to pay support for the respondent. If the parent
currently is not ordered to pay support for the respondent and the court has personal
jurisdiction over the parent, the court shall order the parent to pay child support in an
amount determined under K.S.A. 38-16,117, and amendments thereto. Except for good
cause shown, the court shall issue an immediate income withholding order pursuant to
K.S.A. 23-4,105 et seq., and amendments thereto, for each parent ordered to pay support
under this subsection, regardless of whether a payor has been identified for the parent. A
parent ordered to pay child support under this subsection shall be notified, at the hearing
or otherwise, that the child support order may be registered pursuant to K.S.A. 38-16,119,
and amendments thereto. The parent also shall be informed that, after registration, the
income withholding order may be served on the parent's employer without further notice
to the parent and the child support order may be enforced by any method allowed by law.
Failure to provide this notice shall not affect the validity of the child support order.
(i) Any order issued by the judge pursuant to this section shall be in effect immediately
upon entry into the court's journal.
(j) In addition to the requirements of K.S.A. 38-1671, and amendments thereto, if a
person is under 18 years of age and convicted of a felony or adjudicated as a juvenile offender
for an offense if committed by an adult would constitute the commission of a felony, the
court shall forward a signed copy of the journal entry to the commissioner within 30 days
of final disposition.
(k) The sentencing hearing shall be open to the public as provided in K.S.A. 38-1652,
and amendments thereto.
Sec. 7. K.S.A. 1998 Supp. 38-1675 is hereby amended to read as follows: 38-1675. (a)
Unless a juvenile is sentenced pursuant to an extended jurisdiction juvenile prosecution
upon court order, and the commissioner transfers the juvenile offender to the custody of
the secretary of corrections, when a juvenile offender has reached the age 23 years or has
completed the prescribed term of incarceration at a juvenile correctional facility together
with any conditional release following the program, the commissioner shall discharge the
juvenile offender from any further obligation under the commitment. Prior to the discharge, the commissioner shall consider any recommendations made by the juvenile offender's juvenile community corrections officer. The discharge shall operate as a full and complete
release from any obligations imposed on the juvenile offender arising from the offense for
which the juvenile offender was committed.
(b) At least 45 days prior to the discharge of the juvenile offender, the juvenile justice
authority shall notify the court and the county or district attorney of the county where the
offender was adjudicated a juvenile offender of the discharge of such juvenile offender, if
such juvenile offender's offense would have constituted a class A, B or C felony before July
1, 1993, or an off-grid felony, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a
drug crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, if committed by an
adult. The county or district attorney shall give written notice at least 30 days prior to the
discharge of the juvenile offender to: (1) Any victim of the juvenile offender's crime who is
alive and whose address is known to the court or, if the victim is deceased, to the victim's
family if the family's address is known to the court; (2) the local law enforcement agency;
and (3) the school district in which the juvenile offender will be residing if the juvenile is
still required to attend a secondary school. Failure to notify pursuant to this section shall
not be a reason to postpone a discharge. Nothing in this section shall create a cause of action
against the state or county or an employee of the state or county acting within the scope of
the employee's employment as a result of the failure to notify pursuant to this section.
Sec. 8. K.S.A. 1998 Supp. 38-16,129 is hereby amended to read as follows: 38-16,129.
On and after July 1, 1999: (a) For the purpose of sentencing juvenile offenders, the following
placements may be applied by the judge in felony or misdemeanor cases for offenses
committed on or after July 1, 1999. If used, the court shall establish a specific term of
commitment.
(1) Violent Offenders. (A) The violent offender I is defined as an offender adjudicated
as a juvenile offender for an offense which, if committed by an adult, would constitute an
off-grid felony. Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of 60 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this offender is set at a
minimum term of six months and up to a maximum term of the offender reaching the age
of 23 years.
(B) The violent offender II is defined as an offender adjudicated as a juvenile offender
for an offense which, if committed by an adult, would constitute a nondrug level 1, 2 or 3
felony. Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of 24 months and up to a maximum term of the offender reaching the age
22 years, six months. The aftercare term for this offender is set at a minimum term of six
months and up to a maximum term of the offender reaching the of age 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as an offender adjudicated
as a juvenile offender for an offense which, if committed by an adult, would constitute a
nondrug severity level 4, 5 or 6 person felony or a severity level 1 or 2 drug felony. Offenders
in this category may be committed to a juvenile correctional facility for a minimum term of
18 months and up to a maximum term of 36 months. The aftercare term for this offender
is set at a minimum term of six months and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as a juvenile offender
for an offense which, if committed by an adult, would constitute a nondrug severity level 7,
8, 9 or 10 person felony with one prior felony adjudication. Offenders in this category may
be committed to a juvenile correctional facility for a minimum term of nine months and up
to a maximum term of 18 months. The aftercare term for this offender is set at a minimum
term of six months and up to a maximum term of 24 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felon is defined as an
offender adjudicated as a juvenile offender for an offense which, if committed by an adult,
would constitute:
(i) One present nonperson felony adjudication and two prior felony adjudications; or
(ii) one present severity level 3 drug felony adjudication and two prior felony
adjudications.
Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of six months and up to a maximum term of 18 months. The aftercare term
for this offender is set at a minimum term of six months and up to a maximum term of 12
months.
(B) The chronic offender II, escalating felon is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would constitute:
(i) One present felony adjudication and two prior misdemeanor adjudications;
(ii) one present felony adjudication and two prior severity level 4 drug adjudications;
(iii) one present severity level 3 drug felony adjudication and two prior misdemeanor
adjudications; or
(iv) one present severity level 3 drug felony adjudication and two prior severity level 4
drug adjudications.
Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of six months and up to a maximum term of 18 months. The aftercare term
for this offender is set at a minimum term of six months and up to a maximum term of 12
months.
(C) The chronic offender III, escalating misdemeanant is defined as an offender
adjudicated as a juvenile offender for an offense which, if committed by an adult, would
constitute:
(i) One present misdemeanor adjudication and two prior misdemeanor adjudications
and two out-of-home placement failures;
(ii) one present misdemeanor adjudication and two prior severity level 4 drug felony
adjudications and two out-of-home placement failures;
(iii) one present severity level 4 drug felony adjudication and two prior misdemeanor
adjudications and two out-of-home placement failures; or
(iv) one present severity level 4 drug felony adjudication and two prior severity level 4
felony adjudications and two out-of-home placement failures.
Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of three months and up to a maximum term of six months. The aftercare
term for this offender is set at a minimum term of three months and up to a maximum term
of six months.
(4) Conditional Release Violators. Conditional release violators may be committed to a
juvenile correctional facility, youth residential facility, juvenile detention facility, institution,
a sanctions house or to other appropriate community placement for a minimum term of
three months and up to a maximum term of six months. The aftercare term for this offender
is set at a minimum term of two months and up to a maximum term of six months, or the
maximum term of the original aftercare term, whichever is longer.
(b) As used in this section: (1) ``Placement failure'' means a juvenile offender has been
placed out-of-home on probation in a community placement accredited by the commissioner
in a juvenile offender case and the offender has violated significantly the terms of probation
in that case.
(2) ``Adjudication'' includes out-of-state juvenile adjudications. An out-of-state offense
which if committed by an adult would constitute the commission of a felony or misdemeanor
shall be classified as either a felony or a misdemeanor according to the adjudicating
jurisdiction. If an offense which if committed by an adult would constitute the commission
of a felony is a felony in another state, it will be deemed a felony in Kansas. The state of
Kansas shall classify the offense, which if committed by an adult would constitute the
commission of a felony or misdemeanor, as person or nonperson. In designating such offense
as person or nonperson, reference to comparable offenses shall be made. If the state of
Kansas does not have a comparable offense, the out-of-state adjudication shall be classified
as a nonperson offense.
(c) All appropriate community placement options shall have been exhausted before a
chronic offender III, escalating misdemeanant shall be placed in a juvenile correctional
facility. A court finding shall be made acknowledging that appropriate community placement
options have been pursued and no such option is appropriate.
(d) The commissioner shall work with the community to provide on-going support and
incentives for the development of additional community placements to ensure that the
chronic offender III, escalating misdemeanant sentencing category is not frequently utilized.
(e) For the purposes of placing a juvenile pursuant to this section, when the offense, which if committed by an adult, would increase the adult sentence from a misdemeanor to a felony, the prior juvenile misdemeanor adjudications shall increase the current adjudication to a felony.
(f) The placements established in this section are not mandatory but discretionary with the court. In establishing an appropriate sentence for a juvenile offender, in addition to reviewing the offense committed, the court may also evaluate the individual treatment needs of each juvenile offender.
Sec. 9. K.S.A. 1998 Supp. 46-2801 is hereby amended to read as follows: 46-2801. (a)
There is hereby created the joint committee on corrections and juvenile justice oversight
which shall be within the legislative branch of state government and which shall be composed
of no more than seven members of the senate and seven members of the house of
representatives.
(b) The senate members shall be appointed by the president and the minority leader.
The two major political parties shall have proportional representation on such committee.
In the event application of the preceding sentence results in a fraction, the party having a
fraction exceeding .5 shall receive representation as though such fraction were a whole
number.
(c) The seven representative members shall be appointed as follows:
(1) Two members shall be members of the majority party who are members of the
house committee on appropriations and shall be appointed by the speaker;
(2) two members shall be members of the minority party who are members of the house
committee on appropriations and shall be appointed by the minority leader;
(3) two members shall be members of the majority party who are members of the house
committee on judiciary and shall be appointed by the speaker; and
(4) one member shall be a member of the minority party who is a member of the house
committee on judiciary and shall be appointed by the minority leader.
(d) Any vacancy in the membership of the joint committee on corrections and juvenile
justice oversight shall be filled by appointment in the manner prescribed by this section for
the original appointment.
(e) All members of the joint committee on corrections and juvenile justice oversight
shall serve for terms ending on the first day of the regular legislative session in odd-
numbered years. The joint committee shall organize annually and elect a chairperson and
vice-chairperson in accordance with this subsection. During calendar years 1997 and 1999,
the chairperson shall be one of the representative members of the joint committee elected
by the members of the joint committee and the vice-chairperson shall be one of the senate
members elected by the members of the joint committee. During calendar year 1998, the
chairperson shall be one of the senate members of the joint committee elected by the
members of the joint committee and the vice-chairperson shall be one of the representative
members of the joint committee elected by the members of the joint committee. The vice-
chairperson shall exercise all of the powers of the chairperson in the absence of the
chairperson. If a vacancy occurs in the office of chairperson or vice-chairperson, a member
of the joint committee, who is a member of the same house as the member who vacated
the office, shall be elected by the members of the joint committee to fill such vacancy.
Within 30 days after the effective date of this act, the joint committee shall organize and
elect a chairperson and a vice-chairperson in accordance with the provisions of this act.
(f) A quorum of the joint committee on corrections and juvenile justice oversight shall
be eight. All actions of the joint committee shall be by motion adopted by a majority of
those present when there is a quorum.
(g) The joint committee on corrections and juvenile justice oversight may meet at any
time and at any place within the state on the call of the chairperson, vice-chairperson and
ranking minority member of the house of representatives when the chairperson is a
representative or of the senate when the chairperson is a senator.
(h) The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes
Annotated, and amendments thereto, applicable to special committees shall apply to the
joint committee on corrections and juvenile justice oversight to the extent that the same do
not conflict with the specific provisions of this act applicable to the joint committee.
(i) In accordance with K.S.A. 46-1204 and amendments thereto, the legislative
coordinating council may provide for such professional services as may be requested by the
joint committee on corrections and juvenile justice oversight.
(j) The joint committee on corrections and juvenile justice oversight may introduce such
legislation as it deems necessary in performing its functions.
(k) In addition to other powers and duties authorized or prescribed by law or by the
legislative coordinating council, the joint committee on corrections and juvenile justice
oversight shall:
(1) Monitor the inmate population and review and study the programs, activities and
plans of the department of corrections regarding the duties of the department of corrections
that are prescribed by statute, including the implementation of expansion projects, the
operation of correctional, food service and other programs for inmates, community
corrections, parole and the condition and operation of the correctional institutions and other
facilities under the control and supervision of the department of corrections;
(2) monitor the establishment of the juvenile justice authority and review and study the
programs, activities and plans of the juvenile justice authority regarding the duties of the
juvenile justice authority that are prescribed by statute, including the responsibility for the
care, custody, control and rehabilitation of juvenile offenders and the condition and
operation of the state juvenile correctional facilities under the control and supervision of
the juvenile justice authority;
(3) review and study the adult correctional programs and activities and facilities of
counties, cities and other local governmental entities, including the programs and activities
of private entities operating community correctional programs and facilities and the
condition and operation of jails and other local governmental facilities for the incarceration
of adult offenders;
(4) review and study the juvenile offender programs and activities and facilities of
counties, cities, school districts and other local governmental entities, including programs
for the reduction and prevention of juvenile crime and delinquency, the programs and
activities of private entities operating community juvenile programs and facilities and the
condition and operation of local governmental residential or custodial facilities for the care,
treatment or training of juvenile offenders;
(5) study the progress and results of the transition of powers, duties and functions from
the department of social and rehabilitation services, office of judicial administration and
department of corrections to the juvenile justice authority; and
(6) make an annual report to the legislative coordinating council as provided in K.S.A.
46-1207, and amendments thereto, and such special reports to committees of the house of
representatives and senate as are deemed appropriate by the joint committee.
(l) The provisions of this section shall expire on December 1, 19992003.
Sec. 10. K.S.A. 75-7023 is hereby amended to read as follows: 75-7023. (a) The
supreme court through administrative orders shall provide for the establishment of a juvenile
intake and assessment system and for the establishment and operation of juvenile intake
and assessment programs in each judicial district. On and after July 1, 1997, the secretary
of social and rehabilitation services may contract with the commissioner of juvenile justice
to provide for the juvenile intake and assessment system and programs for children in need
of care. Except as provided further, on and after July 1, 1997, the commissioner of juvenile
justice shall promulgate rules and regulations for the juvenile intake and assessment system
and programs concerning juvenile offenders. If the commissioner contracts with the office
of judicial administration to administer the juvenile intake and assessment system and
programs concerning juvenile offenders, the supreme court administrative orders shall be
in force until such contract ends and the rules and regulations concerning juvenile intake
and assessment system and programs concerning juvenile offenders have been adopted.
(b) No records, reports and information obtained as a part of the juvenile intake and
assessment process may be admitted into evidence in any proceeding and may not be used
in a child in need of care proceeding except for diagnostic and referral purposes and by the
court in considering dispositional alternatives. However, if the records, reports or
information are in regard to abuse or neglect, which is required to be reported under K.S.A.
38-1522, and amendments thereto, such records, reports or information may then be used
for any purpose in a child in need of care proceeding pursuant to the Kansas code for care
of children.
(c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-1624, and
amendments thereto, a juvenile intake and assessment worker shall complete the intake and
assessment process as required by supreme court administrative order or district court rule
prior to July 1, 1997, or except as provided above rules and regulations established by the
commissioner of juvenile justice on and after July 1, 1997.
(d) Except as provided in subsection (g) and in addition to any other information
required by the supreme court administrative order, the secretary, the commissioner or by
the district court of such district, the juvenile intake and assessment worker shall collect the
following information:
(1) A standardized risk assessment tool, such as the problem oriented screening
instrument for teens;
(2) criminal history, including indications of criminal gang involvement;
(3) abuse history;
(4) substance abuse history;
(5) history of prior community services used or treatments provided;
(6) educational history;
(7) medical history; and
(8) family history.
(e) After completion of the intake and assessment process for such child, the intake and
assessment worker may:
(1) Release the child to the custody of the child's parent, other legal guardian or another
appropriate adult if the intake and assessment worker believes that it would be in the best
interest of the child and it would not be harmful to the child to do so.
(2) Conditionally release the child to the child's parent, other legal guardian or another
appropriate adult if the intake and assessment worker believes that if the conditions are
met, it would be in the child's best interest to release the child to such child's parent, other
legal guardian or another appropriate adult; and the intake and assessment worker has reason
to believe that it might be harmful to the child to release the child to such child's parents,
other legal guardian or another appropriate adult without imposing the conditions. The
conditions may include, but not be limited to:
(A) Participation of the child in counseling;
(B) participation of members of the child's family in counseling;
(C) participation by the child, members of the child's family and other relevant persons
in mediation;
(D) provision of inpatient treatment for the child;
(E) referral of the child and the child's family to the secretary of social and rehabilitation
services for services and the agreement of the child and family to accept and participate in
the services offered;
(F) referral of the child and the child's family to available community resources or
services and the agreement of the child and family to accept and participate in the services
offered;
(G) requiring the child and members of the child's family to enter into a behavioral
contract which may provide for regular school attendance among other requirements; or
(H) any special conditions necessary to protect the child from future abuse or neglect.
(3) Deliver the child to a shelter facility or a licensed attendant care center along with
the law enforcement officer's written application. The shelter facility or licensed attendant
care facility shall then have custody as if the child had been directly delivered to the facility
by the law enforcement officer pursuant to K.S.A. 38-1528, and amendments thereto.
(4) Refer the child to the county or district attorney for appropriate proceedings to be
filed or refer the child and family to the secretary of social and rehabilitation services for
investigations in regard to the allegations.
(5) Make recommendations to the county or district attorney concerning immediate intervention programs which may be beneficial to the juvenile.
(f) The commissioner may adopt rules and regulations which allow local juvenile intake and assessment programs to create a risk assessment tool, as long as such tool meets the mandatory reporting requirements established by the commissioner.
(g) Parents, guardians and juveniles may access the juvenile intake and assessment programs on a voluntary basis. The parent or guardian shall be responsible for the costs of any such program utilized.'';
And by renumbering sections accordingly;
Also on page 5, in line 38, before ``K.S.A.'' by inserting ``K.S.A. 75-7023 and''; also in line
38, by striking ``is'' and inserting ``, 38-1604, 38-1624, 38-1636, 38-1640, 38-1663, as
amended by section 8 of chapter 187 of the 1998 Session Laws of Kansas, 38-1675, 38-
16,129 and 48-2801 are'';
On page 1, in the title, in line 12, after the semicolon, by inserting ``juvenile offenders,
intake and assessment, discharge and extended juvenile jurisdiction prosecution;''; also in
line 12, after ``amending'' by inserting ``K.S.A. 75-7023 and''; also in line 12, after ``21-4603d''
by inserting ``, 38-1604, 38-1624, 38-1636, 38-1640, 38-1663, as amended by section 8 of
chapter 187 of the 1998 Session Laws of Kansas, 38-1675, 38-16,129 and 46-2801''; in line
13, by striking ``section'' and inserting ``sections'', and the bill be passed as further amended.