An Act concerning detention of juvenile offenders; amending K.S.A. 21-3809, 21-3810, 21- 3811 and 38-1640 and repealing the existing sections; also repealing K.S.A. 21-3611.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 21-3809 is hereby amended to read as follows: 21- 3809. (a) Escape from custody is escaping while held in lawful custody on a charge or conviction of a misdemeanor, or on a charge or adjudi- cation as a juvenile offender, as defined in K.S.A. 38-1602, and amend- ments thereto, where the act, if committed by an adult, would constitute a misdemeanor, or 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 misdemeanor or by a person 18 years of age or over who is being held in lawful custody on an adjudication of a misdemeanor.

(b) As used in this section and K.S.A. 21-3810 and 21-3811, and amendments thereto:

(1) ``Custody'' means arrest; detention in a facility for holding persons charged with or convicted of crimes or charged or adjudicated as a ju- venile offender, as defined in K.S.A. 38-1602, and amendments thereto, where the act, if committed by an adult, would constitute a misdemeanor; detention in a facility for holding persons adjudicated as juvenile offend- ers; detention for extradition or deportation; detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; commitment to the state se- curity hospital as provided in K.S.A. 22-3428 and amendments thereto; or any other detention for law enforcement purposes. ``Custody'' does not include general supervision of a person on probation or parole or con- straint incidental to release on bail.

(2) ``Escape'' means departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court.

(c) Escape from custody is a class A nonperson misdemeanor.

Sec. 2. K.S.A. 21-3810 is hereby amended to read as follows: 21- 3810. Aggravated escape from custody is:

(a) Escaping while held in lawful custody upon a charge or conviction of a felony or upon 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, 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 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 a commit- ment 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 by a person 18 years of age or over who is being held in lawful custody on an adjudication of a felony; or

(b) Escaping while held in custody on a charge or conviction of any crime or 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, 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 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 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 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 when such escape is effected or facilitated by the use of violence or the threat of violence against any person.

(c) (1) Aggravated escape from custody as described in subsection (a) is a severity level 8, nonperson felony.

(2) Aggravated escape from custody as described in subsection (b) is a severity level 6, person felony.

Sec. 3. K.S.A. 21-3811 is hereby amended to read as follows: 21- 3811. Aiding escape is:

(a) Assisting another who is in lawful custody on a charge or convic- tion of crime, on a charge or adjudication of a misdemeanor or felony or 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 com- mitted an act constituting any crime to escape from such custody; or

(b) supplying to another who is in lawful custody on a charge or con- viction of crime, on a charge or adjudication of a misdemeanor or felony or 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, any object or thing adapted or designed for use in making an escape, with intent that it shall be so used; or

(c) introducing into an institution in which a person is confined on a charge or conviction of crime, on a charge or adjudication of a misde- meanor or felony or into the state security hospital if such person is con- fined 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 any object or thing adapted or designed for use in making any escape, with intent that it shall be so used.

Aiding escape is a severity level 8, nonperson felony.

Sec. 4. K.S.A. 38-1640 is hereby amended to read as follows: 38- 1640. (a) 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 cur- rently 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 com- mitted prior to July 1, 1993, or would constitute an off-grid felony, a nondrug severity level 1, 2, 3, 4 or 5 felony or drug level 1, 2 or 3 felony if committed on or after July 1, 1993, or would constitute a crime de- scribed in article 35 of chapter 21 of the Kansas Statutes Annotated.

(3) The juvenile is awaiting court action on an offense which if com- mitted 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) This section shall be part of and supplemental to the Kansas ju- venile offenders code.

Sec. 5. K.S.A. 21-3611, 21-3809, 21-3810, 21-3811 and 38-1640 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 20, 1996.