956             1997 Session Laws of Kansas             Ch. 156

An Act concerning juveniles; amending K.S.A. 20-1a11, 21-3612, as amended by section
25 of chapter 229 of the 1996 Session Laws of Kansas, 22-4701, as amended by section
27 of chapter 229 of the 1996 Session Laws of Kansas, 38-1604, as amended by section
42 of chapter 229 of the 1996 Session Laws of Kansas, 38-1604, as amended by section
46 of this act, 38-1610, as amended by section 50 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1618, as amended by section 59 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1632, as amended by section 64 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1633, as amended by section 65 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1636, as amended by section 67 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1636, as amended by section 57 of this act, 38-1661, as amended by
section 79 of chapter 229 of the 1996 Session Laws of Kansas, 38-1662, as amended by
section 80 of chapter 229 of the 1996 Session Laws of Kansas, 38-1674, as amended by
section 89 of chapter 229 of the 1996 Session Laws of Kansas, 38-1674, as amended by
section 68 of this act, 38-1681, as amended by section 93 of chapter 229 of the 1996
session laws of Kansas, 38-1681, as amended by section 73 of this act, 38-1691, as
amended by section 95 of chapter 229 of the 1996 Session Laws of Kansas, 38-16,111,
as amended by section 97 of chapter 229 of the 1996 session laws of Kansas, 38-16,111,
as amended by section 77 of this act, 72-978, as amended by section 120 of chapter 229
of the 1996 Session Laws of Kansas, 75-5291, 76-2101, as amended by section 140 of
chapter 229 of the 1996 Session Laws of Kansas, 76-2101a, as amended by section 141
of chapter 229 of the 1996 Session Laws of Kansas, 76-2101b, as amended by section
142 of chapter 229 of the 1996 Session Laws of Kansas, 76-2125, as amended by section
145 of chapter 229 of the 1996 Session Laws of Kansas, 76-2128, as amended by section
146 of chapter 229 of the 1996 Session Laws of Kansas, 76-2201, as amended by section
147 of chapter 229 of the 1996 Session Laws of Kansas, 76-2201a, as amended by section
148 of chapter 229 of the 1996 Session Laws of Kansas, and 76-2219, as amended by
section 149 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A. 1995 Supp. 38-
1602, as amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas, 38-
1602, as amended by section 44 of this act, 38-1608, as amended by section 48 of chapter
229 of the 1996 Session Laws of Kansas, 38-1611, as amended by section 51 of chapter
229 of the 1996 Session Laws of Kansas, 38-1635, as amended by section 66 of chapter
229 of the 1996 Session Laws of Kansas, 38-1663, as amended by section 81 of chapter
229 of the 1996 Session Laws of Kansas, 38-1652, as amended by section 73 of chapter
229 of the 1996 Session Laws of Kansas, 38-1663, as amended by section 63 of this act,
38-1668, as amended by section 85 of chapter 229 of the 1996 Session Laws of Kansas,
38-1671, as amended by section 86 of chapter 229 of the 1996 Session Laws of Kansas,
38-1673, as amended by section 88 of chapter 229 of the 1996 Session Laws of Kansas,
38-1675, as amended by section 90 of chapter 229 of the 1996 Session Laws of Kansas,

958             1997 Session Laws of Kansas             Ch. 156

38-1675, as amended by section 70 of this act, 38-1676, as amended by section 91 of
chapter 229 of the 1996 Session Laws of Kansas, and 74-9501, as amended by section
127 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 21-2511,
21-3413, 28-170, 38-1507, 38-1508, 38-1522, 38-1613, 38-1614, 38-1640, 38-1692, 38-
16,126, 38-16,128, 38-1808, 40-1909, 40-19c09, 72-89a02, 74-8810, 75-2935, 75-2935b,
75-6102, 75-6104, 75-6801, 75-7007, 75-7008, 75-7009, 75-7021, 75-7023, 75-7024,
75-7025, 75-7026, 75-7028, 76-6b04, 76-3201 and 79-4803 and repealing the existing
sections; also repealing K.S.A. 21-2511, as amended by section 22 of chapter 229 of the
1996 Session Laws of Kansas, 21-3413, as amended by section 23 of chapter 229 of the
1996 Session Laws of Kansas, 21-3611, as amended by section 24 of chapter 229 of the
1996 Session Laws of Kansas, 28-170, as amended by section 28 of chapter 229 of the
1996 Session Laws of Kansas, 38-1613, as amended by section 52 of chapter 229 of the
1996 Session Laws of Kansas, 38-1614, as amended by section 53 of chapter 229 of the
1996 Session Laws of Kansas, 38-1640, as amended by section 71 of chapter 229 of the
1996 Session Laws of Kansas, 38-1672, as amended by section 87 of chapter 229 of the
1996 Session Laws of Kansas, 38-1801, 38-1802, 38-1803, 38-1805, 38-1806, 38-1809,
38-1810, 38-1811, 40-1909, as amended by section 110 of chapter 229 of the 1996
Session Laws of Kansas, and 74-5363, as amended by section 124 of chapter 229 of the
1996 Session Laws of Kansas, K.S.A. 1995 Supp. 38-1692, as amended by section 96 of
chapter 229 of the 1996 Session Laws of Kansas, 40-19c09, as amended by section 113
of chapter 229 of the 1996 Session Laws of Kansas, and 74-8810, as amended by section
126 of chapter 229 of the 1996 Session Laws of Kansas and K.S.A. 1996 Supp. 38-1804,
38-1807 and 75-7010.

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

New Section 1. On and after July 1, 1997:

(a) In order to provide technical assistance to communities, help fa-
cilitate community collaboration and assist in coordinating a statewide
system of community based service providers, pursuant to K.S.A. 75-
7024, and amendments thereto, the commissioner of juvenile justice shall
appoint a community planning team convener and a community planning
team facilitator in each judicial district. The commissioner may appoint a
convener and facilitator for a multiple district planning team, if, in the
commissioner's opinion, such multiple district planning team best fur-
thers the purposes of the juvenile justice reform act. The convener and
facilitator may be compensated by the grant funds. Upon request of the
board of county commissioners of any county, the commissioner of ju-
venile justice may authorize such county to cooperate as a member of a
community planning team in a judicial district other than the judicial
district in which such county is located. If the corporate limits of a city
extend into more than one judicial district and upon request of the board
of county commissioners of any county in which such city is located, the
commissioner of juvenile justice may authorize such city to participate as
a member of a community planning team of and be included in the plan
for the judicial district in which the majority of the population of such
city is located.

(b) The community planning team convener shall invite representa-
tives from the following groups and agencies to be a part of the com-
munity planning team: The courts, court services, public education, ju-

Ch. 156             1997 Session Laws of Kansas             959

venile community correctional services, the county or district attorney,
the public defender's office or private defense counsel, law enforcement,
juvenile detention, prevention services, health care professionals, mental
health services, juvenile intake and assessment, municipal officials, county
officials, private service providers, the department of social and rehabil-
itation services, the business community, the religious community, youth
and such other representatives as the convener and commissioner deem
necessary. The community planning team convener may invite the entire
membership of the corrections advisory board, as established in K.S.A.
75-5297, and amendments thereto, and the juvenile corrections advisory
board, as established by section 13, and amendments thereto, to be a part
of the community planning team.

(c) The commissioner, or the commissioner's designee shall serve as
an ex officio member of each community planning team.

(d) All proceedings of the community planning team and any com-
mittee or subcommittee of the team shall be open to the public in ac-
cordance with and subject to the provisions of K.S.A. 75-4317 to 75-4320,
inclusive, and amendments thereto. The records of the community
planning team shall be open to public inspection at all reasonable times.

(e) Between July 1, 1997, and June 30, 1999, the community planning
team shall engage in strategic planning to develop programs, services and
placement options as are necessary and appropriate for each judicial dis-
trict's juvenile justice program consistent with planning guidelines de-
veloped by the commissioner. The commissioner shall design the plan-
ning process to empower communities to develop community-based
programs, services and placements sufficient to address juvenile crime
and to appropriately provide programs and services to prevent juvenile
crime. The commissioner shall develop an action plan to guide imple-
mentation of community planning. The action plan shall establish a sched-
ule for the planning process and shall clearly state desired outcomes of
the planning process. Before implementation of the community planning
process, the commissioner shall submit the proposed action plan to the
joint committee on corrections and juvenile justice oversight for review.
The commissioner shall also provide such committee with regular pro-
gress reports on the status of the planning process. The primary purposes
of the community planning process shall be to:

(1) Foster collaboration among stakeholders in the juvenile justice
system;

(2) accurately assess community risk factors affecting juveniles;

(3) determine community priorities to respond to juvenile crime and
the risk factors affecting juveniles;

(4) develop programs, services and placements, with sufficient ca-
pacity, to appropriately hold juvenile offenders in the community ac-
countable for behavior which violates the law;

(5) provide communities with assistance in developing juvenile justice

960             1997 Session Laws of Kansas             Ch. 156

programs which respond to community needs and priorities and which
are capable of achieving desired outcomes, and in identifying resources
necessary to provide such programs;

(6) encourage the staffing of juvenile justice programs with appro-
priately trained personnel; and

(7) provide communities with technical assistance, as needed, to
achieve desired planning outcomes.

(f) The commissioner shall provide training and expertise for com-
munities during the strategic planning process of the community planning
team.

(g) On July 1, 1999, each judicial district, multiple judicial district or
judicial districts and cities and counties cooperating pursuant to subsec-
tion (a) shall have developed and be prepared to implement a juvenile
justice program. On or before June 30, 1999, such program shall be ac-
credited by the commissioner pursuant to rules and regulations adopted
by the commissioner.

(h) Each juvenile justice program shall include, but not be limited to,
local prevention services, juvenile intake and assessment, juvenile deten-
tion and attendant care, immediate intervention programs, aftercare serv-
ices, graduated sanctions programs, probation programs, conditional re-
lease programs, sanctions for violations of probation terms or programs,
sanctions for violations of conditional release programs and out-of-home
placements.

(i) Each juvenile justice program shall demonstrate that in the judicial
district is a continuum of community based placement options with suf-
ficient capacity to accommodate community needs.

(j) Each juvenile justice program shall participate in the juvenile jus-
tice information system, intake and assessment system and the utilization
of a standardized risk assessment data.

(k) (1) There is hereby created in the state treasury a juvenile justice
community planning fund. Money credited to the fund shall be used
solely for the purpose of making grants to community planning teams, as
established in this section, to assist with the community planning process
of determining juvenile justice programs for the judicial district.

(2) All expenditures from the juvenile justice community planning
fund shall be made in accordance with appropriations acts upon warrants
of the director of accounts and reports issued pursuant to vouchers ap-
proved by the commissioner of juvenile justice or by a person or persons
designated by the commissioner.

(3) The commissioner of juvenile justice may apply for, receive and
accept money from any source for the purposes for which money in the
juvenile justice community planning fund may be expended. Upon receipt
of any such money, the commissioner shall remit the entire amount at
least monthly to the state treasurer, who shall deposit it in the state treas-
ury and credit it to the juvenile justice community planning fund.

Ch. 156             1997 Session Laws of Kansas             961

(4) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the juvenile
justice community planning fund interest earnings based on:

(A) The average daily balance of moneys in the juvenile justice com-
munity planning fund for the preceding month; and

(B) the net earnings rate of the pooled money investment portfolio
for the preceding month.

(l) (1) There is hereby created in the state treasury a juvenile justice
community initiative fund. Money credited to the fund shall be used
solely for the purpose of making grants to communities to assist in sup-
porting field services, case management services and juvenile justice pro-
grams, services and placements in the judicial district.

(2) All expenditures from the juvenile justice community initiative
fund shall be made in accordance with appropriations acts upon warrants
of the director of accounts and reports issued pursuant to vouchers ap-
proved by the commissioner of juvenile justice or by a person or persons
designated by the commissioner.

(3) The commissioner of juvenile justice may apply for, receive and
accept money from any source for the purposes for which money in the
juvenile justice community initiative fund may be expended. Upon receipt
of any such money, the commissioner shall remit the entire amount at
least monthly to the state treasurer, who shall deposit it in the state treas-
ury and credit it to the juvenile justice community initiative fund.

(4) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the juvenile
justice community initiative fund interest earnings based on:

(A) The average daily balance of moneys in the juvenile justice com-
munity initiative fund for the preceding month; and

(B) the net earnings rate of the pooled money investment portfolio
for the preceding month.

New Sec. 2. On and after July 1, 1997:

(a) The supreme court may establish a supervision fee schedule to be
charged a juvenile offender, or the parent or guardian of such juvenile
offender, if the juvenile offender is under the age of 18, for services
rendered the juvenile who is:

(1) Placed on probation;

(2) placed in juvenile community correctional services;

(3) placed in a community placement;

(4) placed on conditional release pursuant to K.S.A. 38-1673, and
amendments thereto; or

(5) using any other juvenile justice program available in the judicial
district.

(b) The supervision fee established by this section shall be charged
and collected by the clerk of the district court.

962             1997 Session Laws of Kansas             Ch. 156

(c) All moneys collected by this section shall be paid into the county
general fund and used to fund community juvenile justice programs.

(d) The juvenile offender shall not be eligible for early release from
supervision unless the supervision fee has been paid.

(e) An annual report shall be filed with the commissioner of juvenile
justice from every judicial district concerning the supervision fees. The
report shall include figures concerning: (1) The amount of supervision
fees ordered to be paid; (2) the amount of supervision fees actually paid;
and (3) the amount of expenditures and to whom such expenditures were
paid.

(f) The court may waive all or part of the supervision fee established
by this section upon a showing that such fee will result in an undue
hardship to such juvenile offender or the parent or guardian of such
juvenile offender.

New Sec. 3. On and after July 1, 1997:

(a) Except as otherwise provided by sections 3 through 6, and amend-
ments thereto, all of the powers, duties and functions of the department
of corrections and the secretary of corrections concerning juvenile com-
munity correctional services are hereby transferred to and conferred and
imposed upon the juvenile justice authority and the commissioner of ju-
venile justice established by K.S.A. 1996 Supp. 75-7001, and amendments
thereto.

(b) Except as otherwise provided by sections 3 through 6, and amend-
ments thereto, the juvenile justice authority and the commissioner of
juvenile justice shall be the successor in every way to the powers, duties
and functions of the department of corrections and the secretary of cor-
rections concerning juvenile community correctional services in which
the same were vested prior to the effective date of this section. Every act
performed in the exercise of such powers, duties and functions by or
under the authority of the juvenile justice authority or the commissioner
of juvenile justice concerning juvenile community correctional services
established by sections 3 through 6, and amendments thereto, shall be
deemed to have the same force and effect as if performed by the de-
partment of corrections or the secretary of corrections, respectively, in
which such powers, duties and functions were vested prior to the effective
date of this section.

(c) Except as otherwise provided by sections 3 through 6, and amend-
ments thereto, whenever the department of corrections, or words of like
effect concerning juvenile community correctional services, is referred to
or designated by a statute, contract or other document, such reference
or designation shall be deemed to apply to the juvenile justice authority.

(d) Except as otherwise provided by sections 3 through 6, and amend-
ments thereto, whenever the secretary of corrections, or words of like
effect concerning juvenile community correctional services, is referred to

Ch. 156             1997 Session Laws of Kansas             963

or designated by a statute, contract or other document, such reference
or designation shall be deemed to apply to the commissioner of juvenile
justice.

(e) All rules and regulations of the department of corrections or the
secretary of corrections concerning juvenile community correctional serv-
ices in existence on the effective date of this section shall continue to be
effective and shall be deemed to be duly adopted rules and regulations
of the commissioner of juvenile justice until revised, amended, revoked
or nullified pursuant to law.

(f) All orders and directives of the department of corrections or the
secretary of corrections concerning juvenile community correctional serv-
ices in existence on the effective date of this section shall continue to be
effective and shall be deemed to be orders and directives of the juvenile
justice authority until revised, amended or nullified pursuant to law.

(g) On the effective date of this section, the juvenile justice authority
shall succeed to whatever right, title or interest the department of cor-
rections has acquired in any real property concerning juvenile community
correctional services in this state, and the authority shall hold the same
for and in the name of the state of Kansas. On and after the effective
date of this section, whenever any statute, contract, deed or other docu-
ment concerns the power or authority of the department of corrections
or the secretary of corrections concerning juvenile community correc-
tional services to acquire, hold or dispose of real property or any interest
therein, the juvenile justice authority shall succeed to such power or au-
thority.

(h) The juvenile justice authority and the commissioner of juvenile
justice shall be continuations of the department of corrections and the
secretary of corrections concerning juvenile community correctional serv-
ices.

New Sec. 4. On and after July 1, 1997:

(a) When any conflict arises as to the disposition of any power, func-
tion or duty or the unexpended balance of any appropriation as a result
of any abolition, transfer, attachment or change made by or under au-
thority of sections 3 through 6, and amendments thereto, such conflict
shall be resolved by the governor, whose decision shall be final.

(b) The juvenile justice authority shall succeed to all property and
records which were used for or pertain to the performance of the powers,
duties and functions transferred to the juvenile justice authority. Any
conflict as to the proper disposition of property or records arising under
this section, and resulting from the transfer or attachment of any state
agency, or all or part of the powers, duties and functions thereof, shall be
determined by the governor, whose decision shall be final.

New Sec. 5. On and after July 1, 1997:

(a) The juvenile justice authority shall have the legal custody of all

964             1997 Session Laws of Kansas             Ch. 156

records, memoranda, writings, entries, prints, representations or combi-
nations thereof of any act, transaction, occurrence or event of the de-
partment of corrections concerning juvenile community correctional serv-
ices and any agency or office transferred thereto under sections 3 through
6, and amendments thereto.

(b) No suit, action or other proceeding, judicial or administrative,
lawfully commenced, or which could have been commenced, by or against
any state agency mentioned in sections 3 through 6, and amendments
thereto, or by or against any officer of the state in such officer's official
capacity or in relation to the discharge of such officer's official duties,
shall abate by reason of the governmental reorganization effected under
the provisions of sections 3 through 6, and amendments thereto. The
court may allow any such suit, action or other proceeding to be main-
tained by or against the successor of any such state agency or any officer
affected.

(c) No criminal action commenced or which could have been com-
menced by the state shall abate by the taking effect of sections 3 through
6, and amendments thereto.

New Sec. 6. (a) On and after July 1, 1997, the balance of all funds
appropriated and reappropriated to the department of corrections con-
cerning juvenile community correctional services is hereby transferred to
the juvenile justice authority and shall be used only for the purpose for
which the appropriation was originally made.

(b) On and after July 1, 1997, the liability for all accrued compensa-
tion or salaries of officers and employees who, immediately prior to such
date, were engaged in the performance of powers, duties or functions of
the department of corrections concerning juvenile community correc-
tional services, or who become a part of the juvenile justice authority, or
the powers, duties and functions of which are transferred to the juvenile
justice authority provided for by sections 3 through 6, and amendments
thereto, shall be assumed and paid by the juvenile justice authority.

New Sec. 7. On and after July 1, 1997, the commissioner of juvenile
justice may make grants from the juvenile justice community initiative
fund, created in section 1, and amendments thereto, to counties for the
development, implementation, operation and improvement of juvenile
community correctional services including, but not limited to, restitution
programs, victim services programs, balanced and restorative justice pro-
grams, preventive or diversionary correctional programs, community ju-
venile corrections centers and facilities for the detention or confinement,
care or treatment of juveniles being detained or adjudged to be a juvenile
offender.

New Sec. 8. On and after July 1, 1997:

(a) Subject to the other provisions of sections 7 through 22, and
amendments thereto, each county may qualify to receive grants under

Ch. 156             1997 Session Laws of Kansas             965

sections 7 through 22, and amendments thereto, by complying with the
provisions of section 21, and amendments thereto.

(b) Subject to the requirements of centralized administration and
control of correctional services under section 21, and amendments
thereto, and the provisions of agreements between cooperating counties
under subsection (c), the respective board of county commissioners shall
retain all authority for the expenditure of moneys, including grants re-
ceived under sections 7 through 22, and amendments thereto, and for
the implementation of and the operations under the comprehensive plan
approved by the commissioner of juvenile justice. The comprehensive
plan shall be reviewed and approved by the board of county commission-
ers of each county to which the plan pertains prior to submission to the
commissioner of juvenile justice for approval.

(c) The boards of county commissioners of all counties cooperating
together to establish a juvenile corrections advisory board and to adopt a
comprehensive plan pursuant to sections 7 through 22, and amendments
thereto, may enter into cooperative agreements to qualify their respective
counties for grants under sections 7 through 22, and amendments thereto.
Such counties shall cooperate and enter into such agreements for all pur-
poses of sections 7 through 22, and amendments thereto, in the manner
prescribed by K.S.A. 12-2901 through 12-2907, and amendments thereto,
to the extent that those statutes do not conflict with the provisions of
sections 7 through 22, and amendments thereto.

New Sec. 9. On and after July 1, 1997, in order to assist a county or
group of cooperating counties which has established a juvenile corrections
advisory board but which does not have a comprehensive plan which has
been approved by the commissioner of juvenile justice and which requires
financial aid to defray all or part of the expenses incurred by juvenile
corrections advisory board members in discharging their official duties
pursuant to section 16, and amendments thereto, the commissioner of
juvenile justice, upon receipt of resolutions by the board or boards of
county commissioners, or the administrative authority established by co-
operating counties, certifying the need for and inability to pay such ex-
penses, shall pay monthly to the county or counties an amount deter-
mined by the commissioner based on existing experience of other juvenile
corrections advisory boards.

New Sec. 10. On and after July 1, 1997:

(a) In accordance with K.S.A. 77-415 et seq., and amendments
thereto, the commissioner of juvenile justice shall adopt rules and regu-
lations necessary for the implementation and administration of sections
7 through 22, and amendments thereto, and as prescribed by those sec-
tions. The commissioner of juvenile justice shall provide consultation and
technical assistance to counties and juvenile corrections advisory boards

966             1997 Session Laws of Kansas             Ch. 156

to aid them in the development of comprehensive plans under sections
7 through 22, and amendments thereto.

(b) Sections 7 through 22, and amendments thereto, shall be admin-
istered by the commissioner of juvenile justice or by officers and em-
ployees of the juvenile justice authority designated by the commissioner
to the extent that authority to do so is delegated by the commissioner,
except that the authority to adopt rules and regulations under sections 7
through 22, and amendments thereto, shall not be delegated.

New Sec. 11. On and after July 1, 1997, for the purposes of sections
7 through 22, and amendments thereto, and to provide for the correc-
tional services described in section 7, and amendments thereto, a county
or group of cooperating counties, through their boards of county com-
missioners, or administrative bodies established by cooperating counties,
may:

(a) Acquire by any lawful means, including purchase, lease or transfer
of custodial control, the lands, buildings and equipment necessary and
incidental to such purposes;

(b) enter into contracts, which are necessary and incidental to such
purposes;

(c) determine and establish the administrative structure best suited
to the efficient administration and delivery of such correctional services;

(d) employ a director and such other officers, employees, and agents
as deemed necessary to carry out the provisions of sections 7 through 22,
and amendments thereto;

(e) make grants in accordance with the comprehensive plan of funds
provided by grant payments under section 19, and amendments thereto,
to corporations organized not for profit, for development, operation and
improvement of such correctional services; and

(f) use unexpended funds, accept gifts, grants and subsidies from any
lawful source, and apply for, accept and expend federal funds.

New Sec. 12. On and after July 1, 1997:

(a) Except as provided in section 9, and amendments thereto, no
county shall be qualified to receive grants under sections 7 through 22,
and amendments thereto, unless and until the comprehensive plan for
such county, or the group of counties with which such county is coop-
erating, is approved by the commissioner of juvenile justice.

(b) The commissioner of juvenile justice shall adopt rules and regu-
lations establishing additional requirements for receipt of grants under
sections 7 through 22, and amendments thereto, standards for the op-
eration of the correctional services described in section 7, and amend-
ments thereto, and standards for performance evaluation of the correc-
tional services described in section 7, and amendments thereto. In order
to remain eligible for grants the county or group of cooperating counties

Ch. 156             1997 Session Laws of Kansas             967

shall substantially comply with the operating standards established by the
commissioner of juvenile justice.

(c) The commissioner of juvenile justice shall review annually the
comprehensive plans submitted by a county or group of cooperating
counties and the facilities and programs operated under such plans. The
commissioner of juvenile justice is authorized to examine books, records,
facilities and programs for purposes of recommending needed changes
or improvements.

(d) In reviewing the comprehensive plan or any annual recommen-
dations or revisions thereto, the commissioner of juvenile justice shall
limit the scope of the review of the juvenile corrections advisory board's
statement of priorities, needs, budget, policies and procedures, to the
determination that such statement does not directly conflict with rules
and regulations and operating standards adopted pursuant to subsection
(b) and sections 7 through 22, and amendments thereto.

(e) When the commissioner of juvenile justice determines that there
are reasonable grounds to believe that a county or group of cooperating
counties is not in substantial compliance with the minimum operating
standards adopted pursuant to this section, at least 30 days' notice shall
be given the county or to each county in the group of cooperating counties
and a hearing shall be held in accordance with the provisions of the Kansas
administrative procedure act to ascertain whether there is substantial
compliance or satisfactory progress being made toward compliance. If the
commissioner of juvenile justice determines at such hearing that there is
not substantial compliance or satisfactory progress being made toward
compliance, the commissioner of juvenile justice may suspend all or a
portion of any grant under sections 7 through 22, and amendments
thereto, until the required standards of operation have been met.

New Sec. 13. On and after July 1, 1997:

(a) Subject to the other provisions of this section, each juvenile cor-
rections advisory board established under sections 7 through 22, and
amendments thereto, shall consist of 12 or more members who shall be
representative of law enforcement, prosecution, the judiciary, education,
corrections, ethnic minorities, the social services and the general public
and shall be appointed as follows:

(1) The law enforcement representatives shall be:

(A) The sheriff or, if two or more counties are cooperating, the sheriff
selected by the sheriffs of those counties, or the designee of that sheriff;
and

(B) the chief of police of the city with the largest population at the
time the board is established or, if two or more counties are cooperating,
the chief of police selected by the chiefs of police of each city with the
largest population in each county at the time the board is established, or
the designee of that chief of police, except that for purposes of this par-

968             1997 Session Laws of Kansas             Ch. 156

agraph in the case of a county having consolidated law enforcement and
not having a sheriff or any chiefs of police, ``sheriff'' means the law en-
forcement director and ``chief of police of the city with the largest pop-
ulation'' or ``chief of police'' means a law enforcement officer, other than
the law enforcement director, appointed by the county law enforcement
agency for the purposes of this section;

(2) the prosecution representative shall be the county or district at-
torney or, if two or more counties are cooperating, a county or district
attorney selected by the county and district attorneys of those counties,
or the designee of that county or district attorney;

(3) the judiciary representative shall be the judge of the district court
of the judicial district, who is assigned the juvenile court docket or the
judge who is assigned most juvenile court cases, or if there is more than
one judge in the judicial district who is assigned the juvenile court docket,
the administrative judge of such judicial district shall appoint one of the
judges who is assigned the juvenile court docket, containing the county
or group of counties or, if two or more counties in two or more judicial
districts are cooperating, the judge of each such judicial district, who is
assigned the juvenile court docket or the judge who is assigned most
juvenile court cases, or if there is more than one judge in the judicial
district who is assigned the juvenile court docket, the administrative judge
of such judicial district shall appoint one of the judges who is assigned
the juvenile court docket;

(4) the education representative shall be an educational professional
appointed by the board of county commissioners of the county or, if two
or more counties are cooperating, by the boards of county commissioners
of those counties;

(5) a court services officer designated by the judge of the district
court of the judicial district, who is assigned the juvenile court docket or
the judge who is assigned most juvenile court cases, or if there is more
than one judge in the judicial district who is assigned the juvenile court
docket, the administrative judge of such judicial district shall appoint one
of the judges who is assigned the juvenile court docket, containing the
county or group of counties or, if counties in two or more judicial districts
are cooperating, a court services officer designated by the judges of those
judicial districts, who are assigned the juvenile court docket or the judges
who are assigned most juvenile court cases;

(6) an executive director of the community mental health center or
such director's designee or in the absence of such position, the board of
county commissioners of the county shall appoint or, if two or more coun-
ties are cooperating, the boards of county commissioners of those counties
shall together appoint a representative of mental health service providers
for juveniles in such county or counties;

(7) the board of county commissioners of the county shall appoint or,
if two or more counties are cooperating, the boards of county commis-

Ch. 156             1997 Session Laws of Kansas             969

sioners of those counties shall together appoint three additional members
of the juvenile corrections advisory board or, if necessary, additional
members so that each county which is not otherwise represented on the
board is represented by at least one member of such board; and

(8) three members of the juvenile corrections advisory board shall be
appointed by cities located within the county or group of cooperating
counties as follows:

(A) If there are three or more cities of the first class, the governing
body of each of the three cities of the first class having the largest pop-
ulations shall each appoint one member;

(B) if there are two cities of the first class, the governing body of the
larger city of the first class shall appoint two members and the governing
body of the smaller city of the first class shall appoint one member;

(C) if there is only one city of the first class, the governing body of
such city shall appoint all three members; and

(D) if there are no cities of the first class, the governing body of each
of the three cities having the largest populations shall each appoint one
member.

(b) If possible, of the members appointed by the boards of county
commissioners in accordance with subsection (a)(6) and by the governing
bodies of cities in accordance with subsection (a)(7), members shall be
representative of one or more of the following:

(1) Public or private social service agencies;

(2) ex-offenders;

(3) the health care professions; and

(4) the general public.

(c) At least two members of each juvenile corrections advisory board
shall be representative of ethnic minorities and no more than 2/3 of the
members of each board shall be members of the same gender.

(d) In lieu of the provisions of subsections (a) through (c), a group of
cooperating counties as provided in subsection (a)(2) of section 21, and
amendments thereto, may establish a juvenile corrections advisory board
which such board's membership shall be determined by such group of
counties through cooperative action pursuant to the provisions of K.S.A.
12-2901 through 12-2907, and amendments thereto, to the extent that
those statutes do not conflict with the provisions of sections 7 through
22, and amendments thereto, except that if two or more counties in two
or more judicial districts are cooperating, the administrative judge of each
such judicial district, or a judge of the district court designated by each
such administrative judge shall be a member of such board. In determin-
ing the membership of the juvenile corrections advisory board pursuant
to this subsection, such group of counties shall appoint members who are
representative of law enforcement, prosecution, the judiciary, education,
corrections, ethnic minorities, the social services and the general public.
Any juvenile corrections advisory board established and the membership

970             1997 Session Laws of Kansas             Ch. 156

determined pursuant to this subsection shall be subject to the approval
of the commissioner of juvenile justice.

(e) In lieu of the provisions of subsections (a) through (d) and subject
to the approval of the commissioner of juvenile justice, any county may
designate the corrections advisory board, as established in K.S.A. 75-5297,
and amendments thereto, as such county's juvenile corrections advisory
board. For the purposes of sections 7 through 22, and amendments
thereto, if a county designates the corrections advisory board as provided
by this subsection, membership on such board shall be expanded to com-
ply with the requirements of subsection (a).

New Sec. 14. On and after July 1, 1997:

(a) Members of a juvenile corrections advisory board initially ap-
pointed pursuant to subsections (a)(1) through (a)(4) of section 13, and
amendments thereto, shall serve for terms expiring on June 30, 2000.
Members of a juvenile corrections advisory board initially appointed pur-
suant to subsections (a)(5) and (a)(7) of section 13, and amendments
thereto, shall serve for terms expiring on June 30, 1999. Members of a
juvenile corrections advisory board initially appointed pursuant to sub-
sections (a)(6) and (a)(8) of section 13, and amendments thereto, of shall
serve for terms expiring on June 30, 1998. After such initial appointments,
members shall serve for terms of three years and until their successors
are appointed and qualified. All vacancies in a juvenile corrections advi-
sory board shall be filled for the unexpired term in the manner that the
position was originally filled. Each juvenile corrections advisory board
shall elect its own officers.

(b) All proceedings of the juvenile corrections advisory board and any
committee or subcommittee of the board shall be open to the public in
accordance with and subject to the provisions of K.S.A. 75-4317 to 75-
4320, inclusive, and amendments thereto. All votes of members of the
juvenile corrections advisory board shall be recorded and shall become
matters of public record.

(c) The juvenile corrections advisory board shall promulgate and im-
plement rules concerning the conduct of proceedings and attendance of
members at board meetings.

New Sec. 15. On and after July 1, 1997, juvenile corrections advisory
boards established under the provisions of sections 7 through 22, and
amendments thereto, shall actively participate in the formulation of the
comprehensive plan for the development, implementation and operation
of the juvenile correctional services described in section 7, and amend-
ments thereto, in the county or group of cooperating counties, and shall
make a formal recommendation to the board or boards of county com-
missioners at least annually concerning the comprehensive plan and its
implementation and operation during the ensuing year.

New Sec. 16. On and after July 1, 1997, any comprehensive plan

Ch. 156             1997 Session Laws of Kansas             971

submitted pursuant to sections 7 through 22, and amendments thereto,
may include the purchase of selected juvenile correctional services by
contract, including the purchase of services for the temporary detention
and confinement of juvenile offenders. The commissioner of juvenile jus-
tice shall annually determine the costs of the purchase of services under
this section and deduct them from the grant payable to the county or, in
the case of cooperating counties, the grants payable to the counties. In
no case shall the charges for juvenile correctional services under such
contract with the state exceed in cost the amount of the grant the county
is eligible for or, in the case of cooperating counties, the total amount of
the grants the counties are eligible to receive under sections 7 through
22, and amendments thereto.

New Sec. 17. On and after July 1, 1997:

(a) The comprehensive plan submitted to the commissioner of ju-
venile justice for approval shall include those items prescribed by rules
and regulations adopted by the commissioner, which may require the
inclusion of the following:

(1) A program for the detention, supervision and treatment of per-
sons under pretrial detention or under commitment;

(2) delivery of other correctional services defined in section 7, and
amendments thereto; and

(3) proposals for new facilities, programs and services, which pro-
posals must include a statement of the need, purposes and objectives of
the proposal and the administrative structure, staffing pattern, staff train-
ing, financing, degree of community involvement and client participation
which are planned for the proposal.

(b) In addition to the foregoing requirements made by this section,
each county or group of counties shall be required to develop and imple-
ment a procedure for the review by the juvenile corrections advisory
board and the board or boards of county commissioners of new program
applications and other matters proposed to be included under the com-
prehensive plan and for the manner in which juvenile corrections advisory
board action shall be taken thereon. A description of this procedure shall
be made available to members of the public upon request.

New Sec. 18. On and after July 1, 1997:

(a) Except as provided in section 9, and amendments thereto, each
grant under sections 7 through 22, and amendments thereto, shall be
expended by the county receiving it for juvenile community correctional
services as described in section 7, and amendments thereto, in addition
to the amount required to be expended by such county under this section.
Each calendar year in which a county receives grant payments under
section 19, and amendments thereto, the county shall make expenditures
for correctional services as described in section 7, and amendments
thereto, from any funds other than from grants under sections 7 through

972             1997 Session Laws of Kansas             Ch. 156

22, and amendments thereto, in an amount equal to or exceeding the
amount of base year juvenile corrections expenditures as determined by
the commissioner of juvenile justice.

(b) The commissioner of juvenile justice shall audit and determine
the amount of the expenditures for juvenile correctional services as de-
scribed in section 7, and amendments thereto, of each county applying
for a grant as provided in section 22, and amendments thereto.

(c) In any case where a county receiving a grant does not make ex-
penditures for juvenile correctional services from funds other than from
grants under sections 7 through 22, and amendments thereto, as required
by this section, the grant to such county for the next ensuing calendar
year shall be reduced by an amount equal to the amount by which such
county failed to make such required amount of expenditures.

(d) The commissioner of juvenile justice may provide, by rules and
regulations, procedures for the following, as determined by the commis-
sioner to further the purposes of sections 7 through 22, and amendments
thereto:

(1) The transfer, to one or more other counties, of any portion of a
county's annual grant which is not included in such county's program
budget for the current program year; and

(2) the transfer, to one or more other counties, of any portion of a
county's annual grant which remains unused at the end of such county's
program year and is not included in such county's program budget for
the ensuing program year.

(e) Except as otherwise provided pursuant to subsection (d), if a
county does not expend the full amount of the grant received for any one
year under the provisions of sections 7 through 22, and amendments
thereto, the county shall retain the unexpended amount of the grant for
expenditure for juvenile correctional services as described in section 7,
and amendments thereto, during any ensuing calendar year. The com-
missioner of juvenile justice shall reduce the grant for the ensuing cal-
endar year by an amount equal to the amount of the previous year's grant
which was not expended and was retained by the county, unless the com-
missioner finds that the amount so retained is needed for and will be
expended during the ensuing calendar year for expenditures under the
applicable comprehensive plan.

New Sec. 19. On and after July 1, 1997:

(a) Upon compliance by a county or group of counties with the
requirements for receipt of the grants authorized by sections 7 through
22, and amendments thereto, and approval of the comprehensive plan by
the commissioner of juvenile justice and the Kansas advisory group on
juvenile justice and delinquency prevention, the commissioner shall de-
termine the amount of the annual grant to each such county and, com-
mencing on the next ensuing January 1 or July 1 after approval of the

Ch. 156             1997 Session Laws of Kansas             973

comprehensive plan, shall proceed to pay such grant in equal semiannual
payments in accordance with and subject to sections 7 through 22, and
amendments thereto, applicable rules and regulations, and the provisions
of appropriation acts.

(b) Within 10 days after the end of each calendar quarter, each county
receiving semiannual grant payments under sections 7 through 22, and
amendments thereto, shall submit to the commissioner of juvenile justice
certified statements detailing the amounts expended and costs incurred
for the juvenile correctional services described in section 7, and amend-
ments thereto. Upon receipt of such certified statements, the commis-
sioner shall determine whether each such county is in compliance with
the expenditure and operation standards prescribed under sections 7
through 22, and amendments thereto, for such services and shall deter-
mine the semiannual payment amount each such county is entitled to
receive after making any adjustments for reductions or charges as re-
quired by or in accordance with sections 7 through 22, and amendments
thereto, and applicable rules and regulations.

(c) Semiannual grant payments for counties entitled thereto under
sections 7 through 22, and amendments thereto, shall be made upon
warrants of the director of accounts and reports issued pursuant to vouch-
ers approved by the commissioner of juvenile justice or by a person or
persons designated by the commissioner to the county treasurers of such
counties.

New Sec. 20. On and after July 1, 1997:

(a) The commissioner of juvenile justice may contract for any juvenile
correctional services described in section 7, and amendments thereto,
from any county or group of cooperating counties which are receiving
grants under sections 7 through 22, and amendments thereto.

(b) Any county may contract for any juvenile correctional services
described in section 7, and amendments thereto, from any county or
group of cooperating counties which are receiving grants under sections
7 through 22, and amendments thereto, regardless of whether such
county or group of counties is in the same judicial district as the county
contracting for such services.

New Sec. 21. On and after July 1, 1997:

(a) Before July 1, 1999, each county in this state, based on the rec-
ommendation from the administrative judge of the judicial district in
which each such county is located as provided in subsection (b), shall
have:

(1) Established a juvenile corrections advisory board in accordance
with section 13, and amendments thereto, and adopted a comprehensive
plan for the development, implementation, operation and improvement
of the juvenile correctional services described in section 7, and amend-
ments thereto which has been approved by the commissioner of juvenile

974             1997 Session Laws of Kansas             Ch. 156

justice and which, in addition to such matters as are prescribed by rules
and regulations of the commissioner, provides for centralized administra-
tion and control of the juvenile correctional services under such plan;

(2) entered into an agreement with a group of cooperating counties
to establish a regional or multi-county community juvenile correctional
services program; established a juvenile corrections advisory board in ac-
cordance with section 13, and amendments thereto; and adopted a com-
prehensive plan for the development, implementation, operation and im-
provement of the juvenile correctional services described in section 7,
and amendments thereto, which has been approved by the commissioner
of juvenile justice and which, in addition to such matters as are prescribed
by rules and regulations of the commissioner, provides for centralized
administration and control of the juvenile correctional services under such
plan. Such group of counties may comply with the provisions of this sub-
section through cooperative action pursuant to the provisions of K.S.A.
12-2901 through 12-2907, and amendments thereto, to the extent that
those statutes do not conflict with the provisions of sections 7 through
22, and amendments thereto; or

(3) contracted for juvenile correctional services described in section
7, and amendments thereto, from any county or group of cooperating
counties, as provided in section 20, and amendments thereto, which are
receiving grants under sections 7 through 22, and amendments thereto.

(b) Before September 15, 1998, the administrative judge in each ju-
dicial district shall make a recommendation to the board of county com-
missioners in each county in such judicial district which has not estab-
lished a program to provide for the juvenile correctional services
described in section 7, and amendments thereto, as to which option pro-
vided in subsection (a) each such county in such judicial district should
choose to comply with the provisions of sections 7 through 22, and
amendments thereto.

New Sec. 22. On and after July 1, 1997:

(a) On or before each March 15, each county or group of counties
applying to receive a grant shall submit a budget request to the commis-
sioner. On or before each July 1, the commissioner of juvenile justice and
the Kansas advisory group on juvenile justice and delinquency prevention
shall determine annually the amount of the grant for the ensuing fiscal
year for each county or group of counties which has qualified to receive
grants as provided in this section.

(b) The determination of the grant of a county or group of counties
by the commissioner shall consider, but not be limited to, the following
criteria based on measurable performances: staffing levels justified by
active cases under supervision; one-time expenditures such as renovation
or construction costs, major equipment purchases or capital acquisitions;
administrative costs; funded contracts for services; client numbers; case-

Ch. 156             1997 Session Laws of Kansas             975

load projections; travel costs outside the program area; and existing ex-
perience of similar programs.

New Sec. 23. On and after July 1, 1999: (a) For the purpose of sen-
tencing 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 if the offense, if committed
by an adult, would be 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 if the offense, if committed by an adult, would be a
nondrug level 1, 2 or 3 person 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 if the offense, if committed
by an adult, would be 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 if the offense, if committed by an adult, would be 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 if the offense,
if committed by an adult, would be a:

(i) One present nonperson felony adjudication and two prior felony
adjudications; or

976             1997 Session Laws of Kansas             Ch. 156

(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 if the offense, if committed by an adult,
would be a:

(i) One present felony adjudication and two prior misdemeanor ad-
judications;

(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 if the offense, if committed
by an adult, would be a:

(i) One present misdemeanor adjudication and two prior misde-
meanor 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 fail-
ures; 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 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 mini-
mum 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

Ch. 156             1997 Session Laws of Kansas             977

placement accredited by the commissioner in a juvenile offender case
and the offender has significantly violated the terms of probation in that
case.

(2) ``Adjudication'' includes out-of-state juvenile adjudications. An
out-of-state offense which if done by an adult would constitute the com-
mission 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 done by an adult would constitute the commission of a felony is
a felony in another state, it will be counted as a felony in Kansas. The
state of Kansas shall classify the offense, which if done by an adult would
constitute the commission of a felony or misdemeanor, as person or non-
person. In designating such offense as person or nonperson, comparable
offenses shall be referred to. If the state of Kansas does not have a com-
parable offense, the out-of-state adjudication shall be classified as a non-
person offense.

(c) All appropriate community placement options shall have been ex-
hausted before such juvenile offender shall be placed in a juvenile cor-
rectional facility. A court finding shall be made acknowledging that ap-
propriate 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 com-
munity placements to ensure that the chronic offender III, escalating
misdemeanant sentencing category is not frequently utilized.

New Sec. 24. On and after July 1, 1999:

(a) For purposes of determining release of a juvenile offender for an
offense committed on or after July 1, 1999, a system shall be developed
whereby good behavior by juvenile offenders is the expected norm and
negative behavior will be punished.

(b) The commissioner of juvenile justice is hereby authorized to
adopt rules and regulations to carry out the provisions of this section
regarding good time calculations. Such rules and regulations shall provide
circumstances upon which a juvenile offender may earn good time credits
through participation in programs which may include, but not be limited
to, education programs, work participation, treatment programs, voca-
tional programs, activities and behavior modification. Such good time
credits may also include the juvenile offender's willingness to examine
and confront the past behavior patterns that resulted in the commission
of the juvenile's offense.

(c) If the placement sentence established in section 23, and amend-
ments thereto, is used by the court, the juvenile offender shall serve no
less than the minimum term authorized under the specific category of
such placement sentence.

New Sec. 25. On and after July 1, 1999:

978             1997 Session Laws of Kansas             Ch. 156

(a) The commissioner of juvenile justice may petition the court to
modify the placement sentence established in section 23, and amend-
ments thereto, after a juvenile offender has served the minimum term
indicated by the placement sentence, based upon program completion,
positive behavior modification and progress made.

(b) If the court grants the modification, the sentence shall be short-
ened, and the term of aftercare that was pronounced at sentencing shall
commence.

(c) If the court does not grant the modification, the juvenile's attorney
may petition for modification and a formal hearing shall be granted.

(d) The aftercare supervisor may petition the court for early dis-
charge, extension or revocation from conditional release or aftercare.

New Sec. 26. On and after July 1, 1997, the name of the youth center
at Larned is hereby changed to the Larned juvenile correctional facility.
On and after July 1, 1997, any reference to the youth center at Larned,
or words of like effect, in any statutes, contract or other document shall
be deemed to apply to the Larned juvenile correctional facility. The Lar-
ned juvenile correctional facility shall be under the supervision and con-
trol of the commissioner of juvenile justice in accordance with K.S.A.
1996 Supp. 76-3203, and amendments thereto. All juvenile offenders
placed in the Larned juvenile correctional facility shall be subject to the
laws applicable to any other juvenile correctional facility, as defined by
K.S.A. 38-1602, and amendments thereto.

New Sec. 27. On July 1, 1997, the corporation for change established
by K.S.A. 38-1803 is hereby abolished.

New Sec. 28. On and after July 1, 1997:

(a) Whenever the corporation for change, or words of like effect, is
referred to or designated by a statute, contract or other document, and
such reference relates to the family and children trust account of the
family and children investment fund, such reference or designation shall
be deemed to apply to the department of social and rehabilitation serv-
ices.

(b) Whenever the executive director or the chairperson of the board
of directors of the corporation for change, or words of like effect, is re-
ferred to or designated by a statute, contract or other document, and such
reference relates to the family and children trust account of the family
and children investment fund, such reference or designation shall be
deemed to apply to the secretary of social and rehabilitation services.

(c) All orders and directives of the corporation for change or of the
executive director or the chairperson of the board of directors of the
corporation for change which are in existence on the effective date of this
act and which relate to the family and children trust account of the family
and children investment fund, shall continue to be effective and shall be

Ch. 156             1997 Session Laws of Kansas             979

deemed to be orders and directives of the department of social and re-
habilitation services until revised, amended or nullified pursuant to law.

(d) The department of social and rehabilitation services shall succeed
to whatever right, title or interest the corporation for change has acquired
in any real property in this state with moneys from the family and children
trust account of the family and children investment fund, and the de-
partment of social and rehabilitation services shall hold the same for and
in the name of the state of Kansas. On and after the effective date of this
act, whenever any statute, contract, deed or other document concerns
the power or authority of the corporation for change or of the executive
director or the chairperson of the board of directors of the corporation
for change to acquire, hold or dispose of real property or any interest
therein and such power or authority relates to the children and family
trust account of the family and children investment fund or to real prop-
erty or any interest therein acquired with moneys from such account prior
to the effective date of this act, the department of social and rehabilitation
services shall succeed to such power or authority.

New Sec. 29. On and after July 1, 1997:

(a) Whenever the corporation for change, or words of like effect, is
referred to or designated by a statute, contract or other document and
such reference or designation relates to the permanent families account
of the family and children investment fund, such reference or designation
shall be deemed to apply to the judicial administrator of the courts.

(b) Whenever the executive director or the chairperson of the board
of directors of the corporation for change, or words of like effect, is re-
ferred to or designated by a statute, contract or other document and such
reference or designation refers to the permanent families account of the
children and families investment fund, such reference or designation shall
be deemed to apply to the judicial administrator of the courts.

(c) All orders and directives of the corporation for change or of the
executive director or the chairperson of the board of directors of the
corporation for change in existence on the effective date of this act which
refer to the permanent families account of the children and families in-
vestment fund shall continue to be effective and shall be deemed to be
orders and directives of the judicial administrator of the courts until re-
vised, amended or nullified pursuant to law.

(d) The judicial administrator of the courts shall succeed to whatever
right, title or interest the corporation for change has acquired in any real
property in this state acquired with moneys from the permanent families
account of the family and children investment fund prior to the effective
date of this act, and the judicial administrator of the courts shall hold the
same for and in the name of the state of Kansas. On and after the effective
date of this act, whenever any statute, contract, deed or other document
concerns the power or authority of the corporation for change or of the

980             1997 Session Laws of Kansas             Ch. 156

executive director or the chairperson of the board of directors of the
corporation for change to acquire, hold or dispose of real property or any
interest therein, and such power or authority relates to the permanent
families account of the family and children investment fund or to real
property or any interest therein acquired with moneys from such account
prior to the effective date of this act, the judicial administrator of the
courts shall succeed to such power or authority.

New Sec. 30. On and after July 1, 1997:

(a) Except as otherwise provided in this act, officers and employees
who, immediately prior to such date, were engaged in the performance
of powers, duties or functions of the corporation for change, which relate
to the family and children trust account of the family and children in-
vestment fund prior to the effective date of this act and which are trans-
ferred to the department of social and rehabilitation services, and who,
in the opinion of the secretary of social and rehabilitation services, are
necessary to perform the powers, duties and functions of the department
of social and rehabilitation services, shall be transferred to and shall be-
come officers and employees of the department of social and rehabilita-
tion services. Any such officer or employee shall retain all retirement
benefits and all rights of civil service which had accrued to or vested in
such officer or employee prior to the effective date of this section. The
service of each such officer and employee so transferred shall be deemed
to have been continuous. All transfers and any abolition of personnel
positions in the classified service under the Kansas civil service act shall
be in accordance with civil service laws and any rules and regulations
adopted thereunder.

(b) Except as otherwise provided in this act, officers and employees
who, immediately prior to such date, were engaged in the performance
of powers, duties or functions of the corporation for change, which relate
to the permanent families account of the family and children investment
fund prior to the effective date of this act and which are transferred by
this act to the judicial administrator of the courts, and who, in the opinion
of the judicial administrator of the courts, are necessary to perform the
powers, duties and functions of the office of judicial administration under
this act, shall be transferred to, and shall become officers and employees
of the office of judicial administration. Any such officer or employee shall
retain all retirement benefits and all rights of civil service which had
accrued to or vested in such officer or employee prior to the effective
date of this section. The service of each such officer and employee so
transferred shall be deemed to have been continuous. All transfers and
any abolition of personnel positions in the classified service under the
Kansas civil service act shall be in accordance with civil service laws and
any rules and regulations adopted thereunder.

New Sec. 31. On and after July 1, 1997:

Ch. 156             1997 Session Laws of Kansas             981

(a) When any conflict arises as to the disposition of any power, func-
tion or duty or the unexpended balance of any appropriation as a result
of any abolition, transfer, attachment or change made by or under au-
thority of this act, such conflict shall be resolved by the governor, whose
decision shall be final.

(b) The department of social and rehabilitation services shall succeed
to all property and records which were used for or pertain to the per-
formance of the powers, duties and functions transferred to the depart-
ment of social and rehabilitation services by this act. Any conflict as to
the proper disposition of property or records arising under this section,
and resulting from the transfer or attachment of any state agency, or all
or part of the powers, duties and functions thereof, shall be determined
by the governor, whose decision shall be final.

(c) The judicial administrator of the courts shall succeed to all prop-
erty and records which were used for or pertain to the performance of
the powers, duties and functions transferred to the judicial administrator
of the courts. Any conflict as to the proper disposition of property or
records arising under this section, and resulting from the transfer or at-
tachment of any state agency, or all or part of the powers, duties and
functions thereof, shall be determined by the governor, whose decision
shall be final.

New Sec. 32. On and after July 1, 1997:

(a) The department of social and rehabilitation services shall have the
legal custody of all records, memoranda, writings, entries, prints, repre-
sentations or combinations thereof of any act, transaction, occurrence or
event of the corporation for change which relates to the family and chil-
dren trust account of the family and children investment fund transferred
to the department of social and rehabilitation services under this act.

(b) The judicial administrator of the courts shall have the legal cus-
tody of all records, memoranda, writings, entries, prints, representations
or combinations thereof of any act, transaction, occurrence or event of
the corporation for change which relates to the permanent families ac-
count of the family and children investment fund transferred to the ju-
dicial administrator of the courts under this act.

(c) No suit, action or other proceeding, judicial or administrative,
lawfully commenced, or which could have been commenced, by or against
any state agency mentioned in this act, or by or against any officer of the
state in such officer's official capacity or in relation to the discharge of
such officer's official duties, shall abate by reason of the governmental
reorganization effected under the provisions of this act. The court may
allow any such suit, action or other proceeding to be maintained by or
against the successor of any such state agency or any officer affected.

(d) No criminal action commenced or which could have been com-
menced by the state shall abate by the taking effect of this act.

982             1997 Session Laws of Kansas             Ch. 156

New Sec. 33. On and after July 1, 1997:

(a) The balance of all funds received by the corporation for change
and maintained in interest-bearing accounts in Kansas banks or Kansas
savings and loan associations pursuant to K.S.A. 38-1809, prior to its re-
peal, shall be transferred to and deposited in the state treasury and cred-
ited to the family and children investment fund.

(b) The liability for all accrued compensation or salaries of officers
and employees who are transferred to the department of social and re-
habilitation services as provided for by this act and who become a part of
the department of social and rehabilitation services, shall be assumed and
paid by the department of social and rehabilitation services.

(c) The liability for all accrued compensation or salaries of officers
and employees who are transferred to the office of judicial administration
as provided for by this act and who become part of the office of judicial
administration, shall be assumed and paid by the judicial administrator of
the courts.

New Sec. 34. On and after July 1, 1997:

(a) The advisory committee on children and families is hereby cre-
ated.

(b) The advisory committee on children and families shall consist of
nine members as follows: (1) The secretary of health and environment;
(2) the secretary of social and rehabilitation services; (3) the secretary of
human resources; (4) the commissioner of education; (5) the commis-
sioner of juvenile justice; (6) a member of the Kansas supreme court; and
(7) three members of the public who are interested in and knowledgeable
about the needs of children and families shall be appointed by the gov-
ernor, except that the members appointed by the governor to the advisory
committee on children and families created by executive order 97-1 on
January 9, 1997, shall be deemed members appointed by the governor of
the advisory committee on children and families established by this sec-
tion.

(c) The members of the advisory committee on children and families
appointed by the governor shall serve at the pleasure of the governor.
The governor shall appoint a chairperson of the committee and the mem-
bers of the committee may elect any additional officers from among its
members necessary to carry out the duties and functions of the commit-
tee.

(d) The advisory committee on children and families shall meet upon
the call of the chairperson as necessary to carry out the duties and func-
tions of the committee.

(e) The advisory committee on children and families shall have and
perform the following functions:

(1) Assist the governor in developing and implementing a coordi-

Ch. 156             1997 Session Laws of Kansas             983

nated, comprehensive service delivery system to serve the children and
families of Kansas;

(2) identify barriers to service and gaps in service due to strict defi-
nitions of boundaries between departments and agencies;

(3) facilitate interagency and interdepartmental cooperation toward
the common goal of serving children and families;

(4) investigate and identify methodologies for the combining of funds
across departmental boundaries to better serve children and families;

(5) propose actions needed to achieve coordination of funding and
services across departmental lines; and

(6) encourage and facilitate joint planning and coordination between
the public and private sectors to better serve the needs of children and
families.

(f) Members of the advisory committee on children and families shall
not be paid compensation, but shall receive subsistence allowances, mile-
age and other expenses as provided by K.S.A. 75-3223, and amendments
thereto. The subsistence allowances, mileage and other expenses as pro-
vided in K.S.A. 75-3223 and amendments thereto shall be paid from avail-
able appropriations of the department of social and rehabilitation services
except that expenses of members who are employed by a state agency
shall be reimbursed by that state agency.

Section 35. On and after July 1, 1997, K.S.A. 20-1a11 is hereby
amended to read as follows: 20-1a11. (a) There is hereby created in the
state treasury a judicial branch education fund.

(b) All money credited to the fund shall be used for the purpose of
educating and training judicial branch officers and employees; for admin-
istering the training, testing and education of municipal judges as pro-
vided in K.S.A. 12-4114, and amendments thereto; for educating and
training municipal judges and municipal court support staff; and for the
planning and implementation of a family court system as provided by law,
except that expenditures for this purpose for the fiscal year ending June
30, 1993, shall not exceed $30,000 through the corporation for change,
and on October 1, 1992, or as soon thereafter as moneys are available
therefor, and during fiscal year 1993, the director of accounts and reports
shall transfer $30,000 from the judicial branch education fund to the
family and children investment fund of the corporation for change and
all such moneys shall be used for such purpose. Expenditures from the
judicial branch education fund shall be made in accordance with appro-
priation acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the chief justice of the supreme court
or by a person or persons designated by the chief justice.

(c) The chief justice may apply for, receive and accept money from
any source for the purposes for which money in the judicial branch ed-
ucation fund may be expended. Upon receiving any such money, the chief

984             1997 Session Laws of Kansas             Ch. 156

justice shall remit the entire amount at least monthly to the state treasurer
who shall deposit such money in the state treasury and credit such money
to the judicial branch education fund.

(d) Upon the effective date of this act, the director of accounts and
reports is directed to transfer all moneys in the municipal judge training
fund to the judicial branch education fund. Upon the effective date of
this act, all liabilities of the municipal judge training fund existing prior
to such date are hereby imposed on the judicial branch education fund.
Whenever the municipal judge training fund, or words of like effect, is
referred to or designated by any statute, contract, or other document,
such reference or designation shall be deemed to apply to the judicial
branch education fund. The municipal judge training fund is hereby abol-
ished.

Sec. 36. On and after July 1, 1997, K.S.A. 1996 Supp. 21-2511 is
hereby amended to read as follows: 21-2511. (a) Any person convicted as
an adult or adjudicated as a juvenile offender because of the commission
of an unlawful sexual act as defined in subsection (4) of K.S.A. 21-3501,
and amendments thereto, or convicted as an adult or adjudicated as a
juvenile offender because of the commission of a violation of K.S.A. 21-
3401, 21-3402, 21-3510, 21-3511, 21-3516, 21-3602, 21-3603 or 21-3609,
and amendments thereto, including an attempt, as defined in K.S.A.
21-3301, and amendments thereto, conspiracy, as defined in K.S.A.
21-3302, and amendments thereto, or criminal solicitation, as defined in
K.S.A. 21-3303, and amendments thereto, of any such offenses provided
in this subsection regardless of the sentence imposed, shall be required
to submit specimens of blood and saliva to the Kansas bureau of inves-
tigation in accordance with the provisions of this act, if such person is:

(1) Convicted as an adult or adjudicated as a juvenile offender be-
cause of the commission of a crime specified in subsection (a) on or after
the effective date of this act;

(2) ordered institutionalized as a result of being convicted as an adult
or adjudicated as a juvenile offender because of the commission of a crime
specified in subsection (a) on or after the effective date of this act; or

(3) convicted as an adult or adjudicated as a juvenile offender because
of the commission of a crime specified in this subsection before the ef-
fective date of this act and is presently confined as a result of such con-
viction or adjudication in any state correctional facility or county jail or is
presently serving an authorized disposition a sentence under K.S.A. 21-
4603, 22-3717 or 38-1663, and amendments thereto.

(b) Notwithstanding any other provision of law, the Kansas bureau of
investigation is authorized to obtain fingerprints and other identifiers for
all persons, whether juveniles or adults, covered by this act.

(c) Any person required by paragraphs (a)(1) and (a)(2) to provide
specimens of blood and saliva shall be ordered by the court to have spec-

Ch. 156             1997 Session Laws of Kansas             985

imens of blood and saliva collected within 10 days after sentencing or
adjudication:

(1) If placed directly on probation, that person must provide speci-
mens of blood and saliva, at a collection site designated by the Kansas
bureau of investigation. Failure to cooperate with the collection of the
specimens and any deliberate act by that person intended to impede,
delay or stop the collection of the specimens shall be punishable as con-
tempt of court and constitute grounds to revoke probation;

(2) if sentenced to the secretary of corrections, the specimens of
blood and saliva will be obtained immediately upon arrival at the Topeka
correctional facility; or

(3) if a juvenile offender is placed in the custody of the secretary of
social and rehabilitation services commissioner of juvenile justice, in a
youth residential facility or in a state youth center juvenile correctional
facility, the specimens of blood and saliva will be obtained immediately
upon arrival.

(d) Any person required by paragraph (a)(3) to provide specimens of
blood and saliva shall be required to provide such samples prior to final
discharge, parole, or conditional release at a collection site designated by
the Kansas bureau of investigation.

(e) The Kansas bureau of investigation shall provide all specimen vi-
als, mailing tubes, labels and instructions necessary for the collection of
blood and saliva samples. The collection of samples shall be performed
in a medically approved manner. No person authorized by this section to
withdraw blood and collect saliva, and no person assisting in the collection
of these samples shall be liable in any civil or criminal action when the
act is performed in a reasonable manner according to generally accepted
medical practices. The withdrawal of blood for purposes of this act may
be performed only by: (1) A person licensed to practice medicine and
surgery or a person acting under the supervision of any such licensed
person; (2) a registered nurse or a licensed practical nurse; or (3) any
qualified medical technician including, but not limited to, an emergency
medical technician-intermediate or mobile intensive care technician, as
those terms are defined in K.S.A. 65-6112, and amendments thereto, or
a phlebotomist. The samples shall thereafter be forwarded to the Kansas
bureau of investigation for analysis and categorizing into genetic marker
groupings.

(f) The genetic marker groupings shall be maintained by the Kansas
bureau of investigation. The Kansas bureau of investigation shall establish,
implement and maintain a statewide automated personal identification
system capable of, but not limited to, classifying, matching and storing
analysis of DNA (deoxyribonucleic acid) and other biological molecules.
The genetic marker grouping analysis information and identification sys-
tem as established by this act shall be compatible with the procedures
specified by the federal bureau of investigation's combined DNA index

986             1997 Session Laws of Kansas             Ch. 156

system (CODIS). The Kansas bureau of investigation may participate in
the CODIS program by sharing data and utilizing compatible test pro-
cedures, laboratory equipment, supplies and computer software.

(g) The genetic marker grouping analysis information obtained pur-
suant to this act shall be confidential and shall be released only to law
enforcement officers of the United States, of other states or territories,
of the insular possessions of the United States, or foreign countries duly
authorized to receive the same, to all law enforcement officers of the state
of Kansas and to all prosecutor's agencies.

(h) The Kansas bureau of investigation shall be the state central re-
pository for all genetic marker grouping analysis information obtained
pursuant to this act. The Kansas bureau of investigation may promulgate
rules and regulations for the form and manner of the collection of blood
and saliva samples and other procedures for the operation of this act. The
provisions of the Kansas administrative procedure act shall apply to all
actions taken under the rules and regulations so promulgated.

Sec. 37. On and after July 1, 1997, K.S.A. 1996 Supp. 21-3413 is
hereby amended to read as follows: 21-3413. Battery against a law en-
forcement officer is a battery, as defined in K.S.A. 21-3412 and amend-
ments thereto:

(a) (1) Committed against a uniformed or properly identified state,
county or city law enforcement officer other than a state correctional
officer or employee, a city or county correctional officer or employee, a
state youth center juvenile correctional facility officer or employee or a
juvenile detention facility officer or employee, while such officer is en-
gaged in the performance of such officer's duty;

(2) committed against a state correctional officer or employee by a
person in custody of the secretary of corrections, while such officer or
employee is engaged in the performance of such officer's or employee's
duty;

(3) committed against a state youth center juvenile correctional fa-
cility officer or employee by a person confined in such youth center ju-
venile correctional facility, while such officer or employee is engaged in
the performance of such officer's or employee's duty;

(4) committed against a juvenile detention facility officer or employee
by a person confined in such juvenile detention facility, while such officer
or employee is engaged in the performance of such officer's or employee's
duty; or

(5) committed against a city or county correctional officer or em-
ployee by a person confined in a city holding facility or county jail facility,
while such officer or employee is engaged in the performance of such
officer's or employee's duty.

(b) Battery against a law enforcement officer as defined in subsection
(a)(1) is a class A person misdemeanor. Battery against a law enforcement

Ch. 156             1997 Session Laws of Kansas             987

officer as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a severity
level 7 6, person felony.

(c) As used in this section:

(1) ``Correctional institution'' means any institution or facility under
the supervision and control of the secretary of corrections.

(2) ``State correctional officer or employee'' means any officer or em-
ployee of the Kansas department of corrections or any independent con-
tractor, or any employee of such contractor, working at a correctional
institution.

(3) ``State youth center Juvenile correctional facility officer or em-
ployee'' means any officer or employee of the Kansas department of social
and rehabilitation services juvenile justice authority or any independent
contractor, or any employee of such contractor, working at a state youth
center juvenile correctional facility, as defined in K.S.A. 38-1602 and
amendments thereto.

(4) ``Juvenile detention facility officer or employee'' means any officer
or employee of a juvenile detention facility as defined in K.S.A. 38-1602
and amendments thereto.

(5) ``City or county correctional officer or employee'' means any cor-
rectional officer or employee of the city or county or any independent
contractor, or any employee of such contractor, working at a city holding
facility or county jail facility.

Sec. 38. On and after July 1, 1997, K.S.A. 21-3612, as amended by
section 25 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 21-3612. (a) Contributing to a child's mis-
conduct or deprivation is:

(1) Causing or encouraging a child under 18 years of age to become
or remain a child in need of care as defined by the Kansas code for care
of children;

(2) causing or encouraging a child under 18 years of age to commit
a traffic infraction or an act which, if committed by an adult, would be a
misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection
(j) of K.S.A. 74-8810 and amendments thereto;

(3) failure to reveal, upon inquiry by a uniformed or properly iden-
tified law enforcement officer engaged in the performance of such offi-
cer's duty, any information one has regarding a runaway, with intent to
aid the runaway in avoiding detection or apprehension;

(4) sheltering or concealing a runaway with intent to aid the runaway
in avoiding detection or apprehension by law enforcement officers;

(5) causing or encouraging a child under 18 years of age to commit
an act which, if committed by an adult, would be a felony; or

(6) causing or encouraging a child to violate the terms or conditions
of the child's probation or conditional release pursuant to subsection
(a)(1) of K.S.A. 38-1663, and amendments thereto.

988             1997 Session Laws of Kansas             Ch. 156

Contributing to a child's misconduct or deprivation as described in
subsection (a)(1), (2), (3) or (6) is a class A nonperson misdemeanor.
Contributing to a child's misconduct or deprivation as described in sub-
section (a)(4) is a severity level 8, person felony. Contributing to a child's
misconduct or deprivation as described in subsection (a)(5) is a severity
level 7, person felony.

(b) A person may be found guilty of contributing to a child's miscon-
duct or deprivation even though no prosecution of the child whose mis-
conduct or deprivation the defendant caused or encouraged has been
commenced pursuant to the Kansas code for care of children, Kansas
juvenile justice code or Kansas criminal code.

(c) As used in this section, ``runaway'' means a child under 18 years
of age who is willfully and voluntarily absent from:

(1) The child's home without the consent of the child's parent or
other custodian; or

(2) a court ordered or designated placement, or a placement pursuant
to court order, if the absence is without the consent of the person with
whom the child is placed or, if the child is placed in a facility, without
the consent of the person in charge of such facility or such person's des-
ignee.

(d) This section shall be part of and supplemental to the Kansas crim-
inal code.

Sec. 39. On and after July 1, 1997, K.S.A. 22-4701, as amended by
section 27 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 22-4701. As used in this act, unless the con-
text clearly requires otherwise:

(a) ``Central repository'' means the criminal justice information sys-
tem central repository created by this act and the juvenile offender in-
formation system created pursuant to K.S.A. 38-1618, and amendments
thereto.

(b) ``Criminal history record information'' means data initiated or col-
lected by a criminal justice agency on a person pertaining to a reportable
event. The term does not include:

(1) Data contained in intelligence or investigatory files or police work-
product records used solely for police investigation purposes;

(2) juvenile offender information other than data pertaining to a per-
son following waiver of jurisdiction pursuant to the Kansas juvenile code
or an authorization for prosecution as an adult pursuant to the Kansas
juvenile justice code;

(3) (2) wanted posters, police blotter entries, court records of public
judicial proceedings or published court opinions;

(4) (3) data pertaining to violations of the traffic laws of the state or
any other traffic law or ordinance, other than vehicular homicide; or

(5) (4) presentence investigation and other reports prepared for use

Ch. 156             1997 Session Laws of Kansas             989

by a court in the exercise of criminal jurisdiction or by the governor in
the exercise of the power of pardon, reprieve or commutation.

(c) ``Criminal justice agency'' means any government agency or sub-
division of any such agency which is authorized by law to exercise the
power of arrest, detention, prosecution, adjudication, correctional super-
vision, rehabilitation or release of persons suspected, charged or con-
victed of a crime and which allocates a substantial portion of its annual
budget to any of these functions. The term includes, but is not limited
to, the following agencies, when exercising jurisdiction over criminal mat-
ters or criminal history record information:

(1) State, county, municipal and railroad police departments, sheriffs'
offices and countywide law enforcement agencies, correctional facilities,
jails and detention centers;

(2) the offices of the attorney general, county or district attorneys and
any other office in which are located persons authorized by law to pros-
ecute persons accused of criminal offenses;

(3) the district courts, the court of appeals, the supreme court, the
municipal courts and the offices of the clerks of these courts;

(4) the Kansas sentencing commission;

(5) the Kansas parole board; and

(6) the juvenile justice authority.

(d) ``Criminal justice information system'' means the equipment (in-
cluding computer hardware and software), facilities, procedures, agree-
ments and personnel used in the collection, processing, preservation and
dissemination of criminal history record information.

(e) ``Director'' means the director of the Kansas bureau of investi-
gation.

(f) ``Disseminate'' means to transmit criminal history record infor-
mation in any oral or written form. The term does not include:

(1) The transmittal of such information within a criminal justice
agency;

(2) the reporting of such information as required by this act; or

(3) the transmittal of such information between criminal justice agen-
cies in order to permit the initiation of subsequent criminal justice pro-
ceedings against a person relating to the same offense.

(g) ``Juvenile offender information'' has the meaning provided by
K.S.A. 38-1617, and amendments thereto.

(h) (g) ``Reportable event'' means an event specified or provided for
in K.S.A. 22-4705, and amendments thereto.

Sec. 40. On and after July 1, 1997, K.S.A. 1996 Supp. 28-170 is
hereby amended to read as follows: 28-170. (a) The docket fee prescribed
by K.S.A. 60-2001 and amendments thereto shall be the only costs as-
sessed for services of the clerk of the district court and the sheriff in any
case filed under chapter 60 of the Kansas Statutes Annotated. For services

990             1997 Session Laws of Kansas             Ch. 156

in other matters in which no other fee is prescribed by statute, the fol-
lowing fees shall be charged and collected by the clerk. Only one fee shall
be charged for each bond, lien or judgment:

1.  For filing, entering and releasing a bond, mechanic's lien, notice of intent
     to perform, personal property tax judgment or any judgment on which execu-tion
     process cannot be issued 
         $5

2.  For filing, entering and releasing a judgment of a court of this state on
     which execution or other process can be issued 
         15

3.  For a certificate, or for copying or certifying any paper or writ, such fee
     as shall be prescribed by the district court.

(b) The fees for entries, certificates and other papers required in
naturalization cases shall be those prescribed by the federal government
and, when collected, shall be disbursed as prescribed by the federal gov-
ernment. The clerk of the court shall remit to the state treasurer at least
monthly all moneys received from fees prescribed by subsection (a) or
(b) or received for any services performed which may be required by law.
The state treasurer shall deposit the remittance in the state treasury and
credit the entire amount to the state general fund.

(c) In actions pursuant to the Kansas code for care of children (K.S.A.
38-1501 et seq. and amendments thereto), the Kansas juvenile offenders
justice code (K.S.A. 38-1601 et seq. and amendments thereto), the act for
treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments
thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and
amendments thereto) or the care and treatment act for mentally ill per-
sons (K.S.A. 1996 Supp. 59-2945 et seq. and amendments thereto), the
clerk shall charge an additional fee of $1 which shall be deducted from
the docket fee and credited to the prosecuting attorneys' training fund as
provided in K.S.A. 28-170a and amendments thereto.

(d) In actions pursuant to the Kansas code for care of children (K.S.A.
38-1501 et seq. and amendments thereto), the Kansas juvenile offenders
justice code (K.S.A. 38-1601 et seq. and amendments thereto), the act for
treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments
thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and
amendments thereto) or the care and treatment act for mentally ill per-
sons (K.S.A. 1996 Supp. 59-2945 et seq. and amendments thereto), the
clerk shall charge an additional fee of $.50 which shall be deducted from
the docket fee and credited to the indigents' defense services fund as
provided in K.S.A. 28-172b and amendments thereto.

Sec. 41. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1507 is
hereby amended to read as follows: 38-1507. (a) In order to protect the
privacy of children who are the subject of a child in need of care record
or report, all records and reports concerning children in need of care,
including the juvenile intake and assessment report, received by the de-
partment of social and rehabilitation services, a law enforcement agency
or any juvenile intake and assessment worker shall be kept confidential

Ch. 156             1997 Session Laws of Kansas             991

except: (1) To those persons or entities with a need for information that
is directly related to achieving the purposes of this code, or (2) upon an
order of a court of competent jurisdiction pursuant to a determination by
the court that disclosure of the reports and records is in the best interests
of the child or are necessary for the proceedings before the court, or both,
and are otherwise admissible in evidence. Such access shall be limited to
in camera inspection unless the court otherwise issues an order specifying
the terms of disclosure.

(b) When a report is received by the department of social and reha-
bilitation services, a law enforcement agency or any juvenile intake and
assessment worker which indicates a child may be in need of care, the
following persons and entities shall have a free exchange of information
between and among them:

(1) The department of social and rehabilitation services;

(2) the commissioner of juvenile justice;

(3) the law enforcement agency receiving such report;

(4) members of a court appointed multidisciplinary team;

(5) an entity mandated by federal law or an agency of any state au-
thorized to receive and investigate reports of a child known or suspected
to be in need of care;

(6) a military enclave or Indian tribal organization authorized to re-
ceive and investigate reports of a child known or suspected to be in need
of care;

(7) a county or district attorney;

(8) a court services officer who has taken a child into custody pursuant
to K.S.A. 38-1527, and amendments thereto;

(9) a guardian ad litem appointed for a child alleged to be in need of
care;

(10) an intake and assessment worker; and

(11) any community corrections program which has the child under
court ordered supervision.

(c) The following persons or entities shall have access to information,
records or reports received by the department of social and rehabilitation
services, a law enforcement agency or any juvenile intake and assessment
worker. Access shall be limited to information necessary to carry out their
lawful responsibilities or to diagnose, treat, care for or protect a child
alleged to be in need of care.

(1) A child named in the report or records.

(2) A parent or other person responsible for the welfare of a child,
or such person's legal representative.

(3) A court-appointed special advocate for a child, a citizen review
board or other advocate which reports to the court.

(4) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise: (A) A child
whom such service provider reasonably suspects may be in need of care;

992             1997 Session Laws of Kansas             Ch. 156

(B) a member of the child's family; or (C) a person who allegedly abused
or neglected the child.

(5) A person or entity licensed or registered by the secretary of health
and environment or approved by the secretary of social and rehabilitation
services to care for, treat or supervise a child in need of care. In order to
assist a child placed for care by the secretary of social and rehabilitation
services in a foster home or child care facility, the secretary shall provide
relevant information to the foster parents or child care facility prior to
placement and as such information becomes available to the secretary.

(6) Parties to a court proceeding in which the information in the
records is legally relevant and necessary for determination of an issue
before such court, provided that prior to such disclosure the judge has
reviewed the records in camera, has determined the relevancy and ne-
cessity of such disclosure and has limited disclosure to such legally rele-
vant information under an appropriate order.

(7) A coroner or medical examiner when such person is determining
the cause of death of a child.

(8) (7) The state child death review board established under K.S.A.
22a-243, and amendments thereto.

(9) (8) A prospective adoptive parent prior to placing a child in their
care.

(10) (9) The department of health and environment or person au-
thorized by the department of health and environment pursuant to K.S.A.
59-512, and amendments thereto, for the purpose of carrying out respon-
sibilities relating to licensure or registration of child care providers as
required by chapter 65 of article 5 of the Kansas Statutes Annotated, and
amendments thereto.

(11) (10) The state protection and advocacy agency as provided by
subsection (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of
K.S.A. 74-5515, and amendments thereto.

(12) (11) Any educational institution to the extent allowed pursuant
to law or pursuant to court order.

(13) Any other person when authorized by a court order, subject to
any conditions imposed by the order.

(d) Information from a record or report of a child in need of care
shall be available to members of the standing house or senate committee
on judiciary, house committee on appropriations, senate committee on
ways and means, legislative post audit committee and joint committee on
children and families, carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319 and amendments thereto,
in a closed or executive meeting. Except in limited conditions established
by 2/3 of the members of such committee, records and reports received
by the committee shall not be further disclosed. Unauthorized disclosure
may subject such member to discipline or censure from the house of
representatives or senate.

Ch. 156             1997 Session Laws of Kansas             993

(e) Nothing in this section shall be interpreted to prohibit the sec-
retary of social and rehabilitation services from summarizing the outcome
of department actions regarding a child alleged to be a child in need of
care to a person having made such report.

(f) Disclosure of information from reports or records of a child in
need of care to the public shall be limited to conformation confirmation
of factual details with respect to how the case was handled that do not
violate the privacy of the child, if living, or the child's siblings, parents or
guardians. Further, confidential information may be released to the pub-
lic only with the express written permission of the individuals involved or
their representatives or upon order of the court having jurisdiction upon
a finding by the court that public disclosure of information in the records
or reports is necessary for the resolution of an issue before the court.

(g) Nothing in this section shall be interpreted to prohibit a court of
competent jurisdiction from making an order disclosing the findings or
information pursuant to a report of alleged or suspected child abuse or
neglect which has resulted in a child fatality or near fatality if the court
determines such disclosure is necessary to a legitimate state purpose. In
making such order, the court shall give due consideration to the privacy
of the child, if, living, or the child's siblings, parents or guardians.

(g) (h) Information authorized to be disclosed in subsections (c)
through (f) shall not contain information which identifies a reporter of a
child in need of care.

(h) (i) Records or reports authorized to be disclosed in this section
shall not be further disclosed.

(i) (j) Anyone who participates in providing or receiving information
without malice under the provisions of this section shall have immunity
from any civil liability that might otherwise be incurred or imposed. Any
such participant shall have the same immunity with respect to participa-
tion in any judicial proceedings resulting from providing or receiving in-
formation.

(j) (k) No individual, association, partnership, corporation or other
entity shall willfully or knowingly disclose, permit or encourage disclosure
of the contents of records or reports concerning a child in need of care
received by the department of social and rehabilitation services, a law
enforcement agency or a juvenile intake and assessment worker except
as provided by this code. Violation of this subsection is a class B misde-
meanor.

Sec. 42. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1508 is
hereby amended to read as follows: 38-1508. All records and reports con-
cerning child abuse or neglect received by law enforcement agencies shall
be kept separate from all other records and shall not be disclosed to
anyone except:

994             1997 Session Laws of Kansas             Ch. 156

(a) The judge and members of the court staff designated by the judge
of the court having the child before it in any proceedings;

(b) the guardian ad litem and the parties to the proceedings and their
attorneys, subject to the restrictions imposed by subsection (a)(2)(C) of
K.S.A. 38-1507 and amendments thereto;

(c) the department of social and rehabilitation services;

(d) any individual, or public or private agency authorized by a prop-
erly constituted authority to diagnose, care for, treat or supervise a child
who is the subject of a report or record of child abuse or neglect and
specifically includes the following: Physicians, psychiatrists, nurse nurses,
nurse practitioners, psychologists, licensed social workers, child devel-
opment specialists, physician assistants, community mental health work-
ers, alcohol and drug abuse counselors, and licensed or registered child
care providers. Teachers, administrators and school paraprofessionals
shall have access but shall not copy materials in the file;

(e) law enforcement officers or county or district attorneys or their
staff when necessary for the discharge of their official duties in investi-
gating or prosecuting a report of known or suspected child abuse or ne-
glect;

(f) any member of the standing house or senate committee on judi-
ciary, house committee on appropriations, senate committee on ways and
means, legislative post audit committee and joint committee on children
and families, carrying out such member's or committee's official func-
tions; and

(g) any juvenile intake and assessment worker.

Sec. 43. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1522 is
hereby amended to read as follows: 38-1522. (a) When any of the follow-
ing persons has reason to suspect that a child has been injured as a result
of physical, mental or emotional abuse or neglect or sexual abuse, the
person shall report the matter promptly as provided in subsection (c) or
(e): Persons licensed to practice the healing arts or dentistry; persons
licensed to practice optometry; persons engaged in postgraduate training
programs approved by the state board of healing arts; licensed psychol-
ogists; licensed professional or practical nurses examining, attending or
treating a child under the age of 18; teachers, school administrators or
other employees of a school which the child is attending; chief adminis-
trative officers of medical care facilities; registered marriage and family
therapists; persons licensed by the secretary of health and environment
to provide child care services or the employees of persons so licensed at
the place where the child care services are being provided to the child;
licensed social workers; firefighters; emergency medical services person-
nel; mediators appointed under K.S.A. 23-602 and amendments thereto;
juvenile intake and assessment workers; and law enforcement officers.
The report may be made orally and shall be followed by a written report

Ch. 156             1997 Session Laws of Kansas             995

if requested. When the suspicion is the result of medical examination or
treatment of a child by a member of the staff of a medical care facility or
similar institution, that staff member shall immediately notify the super-
intendent, manager or other person in charge of the institution who shall
make a written report forthwith. Every written report shall contain, if
known, the names and addresses of the child and the child's parents or
other persons responsible for the child's care, the child's age, the nature
and extent of the child's injury (including any evidence of previous inju-
ries) and any other information that the maker of the report believes
might be helpful in establishing the cause of the injuries and the identity
of the persons responsible for the injuries.

(b) Any other person who has reason to suspect that a child has been
injured as a result of physical, mental or emotional abuse or neglect or
sexual abuse may report the matter as provided in subsection (c) or (e).

(c) Except as provided by subsection (e), reports made pursuant to
this section shall be made to the state department of social and rehabil-
itation services. When the department is not open for business, the re-
ports shall be made to the appropriate law enforcement agency. On the
next day that the state department of social and rehabilitation services is
open for business, the law enforcement agency shall report to the de-
partment any report received and any investigation initiated pursuant to
subsection (a) of K.S.A. 38-1524 and amendments thereto. The reports
may be made orally or, on request of the department, in writing.

(d) Any person who is required by this section to report an injury to
a child and who knows of the death of a child shall notify immediately
the coroner as provided by K.S.A. 22a-242, and amendments thereto.

(e) Reports of child abuse or neglect occurring in an institution op-
erated by the secretary of social and rehabilitation services or the com-
missioner of juvenile justice shall be made to the attorney general. All
other reports of child abuse or neglect by persons employed by or of
children of persons employed by the state department of social and re-
habilitation services or the juvenile justice authority shall be made to the
appropriate law enforcement agency.

(f) Willful and knowing failure to make a report required by this sec-
tion is a class B misdemeanor.

(g) Preventing or interfering with, with the intent to prevent, the
making of a report required by this section is a class B misdemeanor.

Sec. 44. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1602, as
amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1602. As used in this code, unless
the context otherwise requires:

(a) ``Juvenile'' means a person 10 or more years of age but less than
18 years of age.

(b) ``Juvenile offender'' means a person who does an act while a ju-

996             1997 Session Laws of Kansas             Ch. 156

venile which if done by an adult would constitute the commission of a
felony or misdemeanor as defined by K.S.A. 21-3105 and amendments
thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41-
727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but
does not include:

(1) A person 14 or more years of age who commits a traffic offense,
as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;

(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated; or

(3) a person whose prosecution as an adult is authorized pursuant
to K.S.A. 38-1636 and amendments thereto. and whose prosecution re-
sults in the conviction of an adult crime.

(c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
fender, includes a guardian, conservator and every person who is by law
liable to maintain, care for or support the juvenile.

(d) ``Law enforcement officer'' means any person who by virtue of
that person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.

(e) ``Youth residential facility'' means any home, foster home or struc-
ture which provides twenty-four-hour-a-day care for juveniles and which
is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated.

(f) ``Juvenile detention facility'' means any secure public or private
facility which is used for the lawful custody of accused or adjudicated
juvenile offenders and which must not be a jail.

(g) ``Juvenile correctional facility'' means a facility operated by the
commissioner for juvenile offenders.

(h) ``Warrant'' means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into cus-
tody the juvenile named or described therein.

(i) ``Commissioner'' means the commissioner of juvenile justice.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there
is (A) total separation of the juvenile and adult facility spatial areas such
that there could be no haphazard or accidental contact between juvenile
and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including rec-
reation, education, counseling, health care, dining, sleeping, and general
living activities; and (C) separate juvenile and adult staff, including man-
agement, security staff and direct care staff such as recreational, educa-
tional and counseling.

(k) ``Court-appointed special advocate'' means a responsible adult,

Ch. 156             1997 Session Laws of Kansas             997

other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
ments thereto, who is appointed by the court to represent the best inter-
ests of a child, as provided in K.S.A. 1995 1996 Supp. 38-1606a, and
amendments thereto, in a proceeding pursuant to this code.

(l) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to section 5 K.S.A.
1996 Supp. 76-3202, and amendments thereto.

(m) ``Institution'' means the following institutions: The Atchison ju-
venile correctional facility at Atchison, the Beloit juvenile correctional
facility at Beloit, the Larned juvenile correctional facility at Larned, the
juvenile correctional facility at Osawatomie and the Topeka juvenile cor-
rectional facility at Topeka.

(n) ``Sanction house'' means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences, or physical
restraint in order to control behavior of its residents. Upon an order from
the court, a licensed juvenile detention facility may serve as a sanction
house. A sanction house may be physically connected to a nonsecure shel-
ter facility provided the sanction house is not a licensed juvenile detention
facility.

(o) ``Sentencing risk assessment tool'' means an instrument adminis-
tered to juvenile offenders which delivers a score, or group of scores,
describing, but not limited to describing, the juvenile's potential risk to
the community.

Sec. 45. On and after January 1, 1998, K.S.A. 1995 Supp. 38-1602,
as amended by section 44 of this act, is hereby amended to read as follows:
38-1602. As used in this code, unless the context otherwise requires:

(a) ``Juvenile'' means a person 10 or more years of age but less than
18 years of age.

(b) ``Juvenile offender'' means a person who does an act while a ju-
venile which if done by an adult would constitute the commission of a
felony or misdemeanor as defined by K.S.A. 21-3105 and amendments
thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41-
727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but
does not include:

(1) A person 14 or more years of age who commits a traffic offense,
as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;

(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated; or

(3) a person whose prosecution as an adult is authorized pursuant to

998             1997 Session Laws of Kansas             Ch. 156

K.S.A. 38-1636 and amendments thereto and whose prosecution results
in the conviction of an adult crime; or

(4) a person who has been found to be an extended jurisdiction ju-
venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
thereto, and whose stay of adult sentence execution has been revoked.

(c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
fender, includes a guardian, conservator and every person who is by law
liable to maintain, care for or support the juvenile.

(d) ``Law enforcement officer'' means any person who by virtue of
that person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.

(e) ``Youth residential facility'' means any home, foster home or struc-
ture which provides twenty-four-hour-a-day care for juveniles and which
is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated.

(f) ``Juvenile detention facility'' means any secure public or private
facility which is used for the lawful custody of accused or adjudicated
juvenile offenders and which must not be a jail.

(g) ``Juvenile correctional facility'' means a facility operated by the
commissioner for juvenile offenders.

(h) ``Warrant'' means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into cus-
tody the juvenile named or described therein.

(i) ``Commissioner'' means the commissioner of juvenile justice.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there
is (A) total separation of the juvenile and adult facility spatial areas such
that there could be no haphazard or accidental contact between juvenile
and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including rec-
reation, education, counseling, health care, dining, sleeping, and general
living activities; and (C) separate juvenile and adult staff, including man-
agement, security staff and direct care staff such as recreational, educa-
tional and counseling.

(k) ``Court-appointed special advocate'' means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
ments thereto, who is appointed by the court to represent the best inter-
ests of a child, as provided in K.S.A. 1996 Supp. 38-1606a, and amend-
ments thereto, in a proceeding pursuant to this code.

(l) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as part of the

Ch. 156             1997 Session Laws of Kansas             999

intake and assessment system established pursuant to K.S.A. 1996 Supp.
76-3202, and amendments thereto.

(m) ``Institution'' means the following institutions: The Atchison ju-
venile correctional facility, the Beloit juvenile correctional facility, the
Larned juvenile correctional facility and the Topeka juvenile correctional
facility.

(n) ``Sanction house'' means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences, or physical
restraint in order to control behavior of its residents. Upon an order from
the court, a licensed juvenile detention facility may serve as a sanction
house. A sanction house may be physically connected to a nonsecure
shelter facility provided the sanction house is not a licensed juvenile de-
tention facility.

(o) ``Sentencing risk assessment tool'' means an instrument adminis-
tered to juvenile offenders which delivers a score, or group of scores,
describing, but not limited to describing, the juvenile's potential risk to
the community.

Sec. 46. On and after July 1, 1997, K.S.A. 38-1604, as amended by
section 42 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1604. (a) Except as provided in K.S.A.
38-1636 and 21-3611 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 the juvenile (1) : (1) Sixty days
after sentencing, if the juvenile is committed to the custody of the com-
missioner pursuant to subsection (c) of K.S.A. 38-1665, and amendments
thereto; (2) if directly committed to a juvenile correctional facility, the
juvenile has attained the age of 23 years, unless an adult sentence is im-
posed 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; (2) (3) the juvenile has
been discharged by the court; or (3) (4) the juvenile has been discharged
under the provisions of K.S.A. 38-1675, and amendments thereto.

(d) If a juvenile has been adjudicated to be a juvenile offender and a
child in need of care, the juvenile justice code shall apply to such juvenile
and the child in need of care code shall be suspended during the time the
juvenile justice code applies for such juvenile. Nothing in this subsection
shall preclude such juvenile offender from accessing services provided by

1000             1997 Session Laws of Kansas             Ch. 156

the department of social and rehabilitation services or any other state
agency if such juvenile is eligible for such services.

(d) (e) The provisions of this code shall govern with respect to acts
done on or after July 1, 1997.

Sec. 47. On and after January 1, 1998, K.S.A. 38-1604, as amended
by section 46 of this act, is hereby amended to read as follows: 38-1604.
(a) Except as provided in K.S.A. 38-1636 and 21-3611 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 to the custody of the commissioner pursuant
to subsection (c) of K.S.A. 38-1665, and amendments thereto; (2) if di-
rectly committed to a juvenile correctional facility, the juvenile has at-
tained the age of 23 years, 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) If a juvenile has been adjudicated to be a juvenile offender and a
child in need of care, the juvenile justice code shall apply to such juvenile
and the child in need of care code shall be suspended during the time
the juvenile justice code applies for such juvenile. Nothing in this sub-
section shall preclude such juvenile offender from accessing services pro-
vided 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 acts done
on or after July 1, 1997.

Sec. 48. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1608, as
amended by section 48 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1608. (a) All records of law
enforcement officers and agencies and municipal courts concerning a
public offense committed or alleged to have been committed by a juvenile
under 16 14 years of age shall be kept readily distinguishable from crim-
inal and other records and shall not be disclosed to anyone except:

(1) The judge and members of the court staff designated by the judge
of a court having the juvenile before it in any proceedings;

(2) parties to the proceedings and their attorneys;

(3) the department of social and rehabilitation services;

(4) any individual, or any officer of a public or private agency or in-
stitution, having custody of the juvenile under court order or providing

Ch. 156             1997 Session Laws of Kansas             1001

educational, medical or mental health services to the juvenile or a
court-approved advocate for the juvenile;

(5) law enforcement officers or county or district attorneys or their
staff when necessary for the discharge of their official duties;

(6) the central repository, as defined by K.S.A. 22-4701 and amend-
ments thereto, for use only as a part of the juvenile offender information
system established under K.S.A. 38-1618 and amendments thereto;

(7) juvenile intake and assessment workers;

(8) juvenile justice authority;

(9) any other person when authorized by a court order, subject to any
conditions imposed by the order; and

(10) as provided in subsection (c).

(b) The provisions of this section shall not apply to records concern-
ing:

(1) A violation, by a person 14 or more years of age, of any provision
of chapter 8 of the Kansas Statutes Annotated or of any city ordinance or
county resolution which relates to the regulation of traffic on the roads,
highways or streets or the operation of self-propelled or nonself-propelled
vehicles of any kind;

(2) a violation, by a person 16 or more years of age, of any provision
of chapter 32 of the Kansas Statutes Annotated; or

(3) an offense for which the juvenile is prosecuted as an adult.

(c) All records of law enforcement officers and agencies and munic-
ipal courts concerning a public offense committed or alleged to have been
committed by a juvenile 14 or more years of age shall be subject to the
same disclosure restrictions as the records of adults. Information identi-
fying victims and alleged victims of sex offenses, as defined in K.S.A.
chapter 21, article 35, shall not be disclosed or open to public inspection
under any circumstances. Nothing in this section shall prohibit the victim
or any alleged victim of any sex offense from voluntarily disclosing their
such victim's identity.

(d) Relevant information, reports and records shall be made available
to the department of corrections upon request and a showing that the
former juvenile has been convicted of a crime and placed in the custody
of the secretary of the department of corrections.

(e) All records, reports and information obtained as a part of the
juvenile intake and assessment process for juvenile offenders shall be
confidential and shall not be disclosed except as provided in this section
or by rules and regulations established by the commissioner of juvenile
justice.

(1) Any court of record may order the disclosure of such records,
reports and other information to any person or entity.

(2) The head of any juvenile intake and assessment program, certified
pursuant to the commissioner of juvenile justice, may authorize disclosure
of such records, reports and other information to:

1002             1997 Session Laws of Kansas             Ch. 156

(A) A person licensed to practice the healing arts who has before that
person a child whom the person reasonably suspects may be abused or
neglected;

(B) a court-appointed special advocate for a child, which advocate
reports to the court, or an agency having the legal responsibility or au-
thorization to care for, treat or supervise a child;

(C) a parent or other person responsible for the welfare of a child,
or such person's legal representative, with protection for the identity of
persons reporting and other appropriate persons;

(D) the child or the guardian ad litem for such child;

(E) the police or other law enforcement agency;

(F) an agency charged with the responsibility of preventing or treat-
ing physical, mental or emotional abuse or neglect or sexual abuse of
children, if the agency requesting the information has standards of con-
fidentiality as strict or stricter than the requirements of the Kansas code
for care of children or the Kansas juvenile justice code, whichever is
applicable;

(G) a person who is a member of a multidisciplinary team;

(H) an agency authorized by a properly constituted authority to di-
agnose, care for, treat or supervise a child who is the subject of a report
or record of child abuse or neglect;

(I) any individual, or public or private agency authorized by a properly
constituted authority to diagnose, care for, treat or supervise a child who
is the subject of a report or record of child abuse or neglect and specif-
ically includes the following: Physicians, psychiatrists, nurses, nurse prac-
titioners, psychologists, licensed social workers, child development spe-
cialists, physicians' assistants, community mental health workers, alcohol
and drug abuse counselors and licensed or registered child care providers;

(J) a citizen review board;

(K) an educational institution if related to a juvenile that is required
to attend such educational institution as part of an immediate intervention
program, probation or post-release supervision.

(3) To any juvenile intake and assessment worker of another certified
juvenile intake and assessment program.

Sec. 49. On and after July 1, 1997, K.S.A. 38-1610, as amended by
section 50 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1610. (a) Except as provided in subsection
(b), any records or files specified in this code concerning a juvenile of-
fender may be expunged upon application to a judge of the court of the
county in which the records or files are maintained. The application for
expungement may be made by the person who is the juvenile offender
or, if the person is a juvenile, by the person's parent or next friend.

(b) There shall be no expungement of records or files concerning acts
committed by a juvenile which, if committed by an adult, would constitute

Ch. 156             1997 Session Laws of Kansas             1003

a violation of K.S.A. 21-3503, 21-3504, 21-3506, 21-3509, 21-3510, 21-
3511, 21-3516, 21-3603, 21-3608 or 21-3609 and amendments thereto or
which would constitute an attempt to commit a violation of any of the
offenses specified in this subsection.

(c) When a petition for expungement is filed, the court shall set a
date for a hearing on the petition and shall give notice thereof to the
county or district attorney. The petition shall state: (1) The juvenile's full
name; (2) the full name of the juvenile at the time of the trial, if different
than (1); (3) the juvenile's sex and date of birth; (4) the offense for which
the juvenile was adjudicated; (5) the date of the trial; and (6) the identity
of the trial court. There shall be no docket fee for filing a petition pursuant
to this section. All petitions for expungement shall be docketed in the
original action. Any person who may have relevant information about the
petitioner may testify at the hearing. The court may inquire into the
background of the petitioner.

(d) (1) After hearing, the court shall order the expungement of the
records and files if the court finds that:

(A) The person has reached 23 years of age or that two years have
elapsed since the final discharge of the person;

(B) since the final discharge of the person, the person has not been
convicted of a felony or of a misdemeanor other than a traffic offense or
adjudicated a delinquent or miscreant under the Kansas juvenile code or
a juvenile offender under the Kansas juvenile justice code and no pro-
ceedings are pending seeking such a conviction or adjudication; and

(C) the circumstances and behavior of the petitioner warrant
expungement.

(2) The court may require that all court costs, fees and restitution
shall be paid.

(e) Upon entry of an order expunging records or files, the offense
which the records or files concern shall be treated as if it never occurred,
except that upon conviction of a crime or adjudication in a subsequent
action under this code the offense may be considered in determining the
sentence to be imposed. The person, the court and all law enforcement
officers and other public offices and agencies shall properly reply on in-
quiry that no record or file exists with respect to the person. Inspection
of the expunged files or records thereafter may be permitted by order of
the court upon petition by the person who is the subject thereof. The
inspection shall be limited to inspection by the person who is the subject
of the files or records and those persons designated by that person.

(f) Copies of any order made pursuant to subsection (a) or (c) shall
be sent to each public officer and agency in the county having possession
of any records or files ordered to be expunged. If the officer or agency
fails to comply with the order within a reasonable time after its receipt,
the officer or agency may be adjudged in contempt of court and punished
accordingly.

1004             1997 Session Laws of Kansas             Ch. 156

(g) The court shall inform any juvenile who has been adjudicated a
juvenile offender of the provisions of this section.

(h) Nothing in this section shall be construed to prohibit the main-
tenance of information relating to an offense after records or files con-
cerning the offense have been expunged if the information is kept in a
manner that does not enable identification of the offender.

(i) Nothing in this section shall be construed to permit or require
expungement of files or records related to a child support order registered
pursuant to the Kansas juvenile justice code.

(j) Whenever the records or files of any adjudication have been ex-
punged under the provisions of this section, the custodian of the records
or files of adjudication relating to that offense shall not disclose the ex-
istence of such records or files, except when requested by:

(1) The person whose record was expunged;

(2) a criminal justice agency, private detective agency or a private
patrol operator, and the request is accompanied by a statement that the
request is being made in conjunction with an application for employment
with such agency or operator by the person whose record has been ex-
punged;

(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;

(4) the secretary of social and rehabilitation services, or a designee of
the secretary, for the purpose of obtaining information relating to em-
ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
ments thereto, of the department of social and rehabilitation services of
any person whose records record has been expunged;

(5) a person entitled to such information pursuant to the terms of the
expungement order;

(6) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;

(7) the governor or the Kansas racing commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications for executive
director of the commission, for employment with the commission, for
work in sensitive areas in parimutuel racing as deemed appropriate by
the executive director of the commission or for licensure, renewal of
licensure or continued licensure by the commission; or

(8) the Kansas sentencing commission.

Sec. 50. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1611, as
amended by section 51 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1611. (a) Fingerprints or pho-

Ch. 156             1997 Session Laws of Kansas             1005

tographs shall not be taken of any juvenile who is taken into custody for
any purpose, except that:

(1) Fingerprints or photographs of the juvenile may be taken if au-
thorized by a judge of the district court having jurisdiction;

(2) a juvenile's fingerprints shall be taken, and photographs of a ju-
venile may be taken, immediately upon taking the juvenile into custody
or upon first appearance or in any event before final sentencing, before
the court for an offense which, if committed by a person 18 or more years
of age, would make the person liable to be arrested and prosecuted for
the commission of a felony as defined by K.S.A. 21-3105 and amendments
thereto or a class A or B misdemeanor; and

(3) fingerprints or photographs of a juvenile may be taken under
K.S.A. 21-2501 and amendments thereto if the juvenile has been:

(A) Prosecuted as an adult by reason of subsection (b)(3) of K.S.A.
38-1602 or 38-1636, and amendments thereto; or

(B) convicted of aggravated juvenile delinquency as defined by K.S.A.
21-3611 and amendments thereto; or

(C) taken into custody for an offense described in subsection (b)(1)
or (2) of K.S.A. 38-1602 and amendments thereto.

(b) Fingerprints and photographs taken under subsection (a)(1) or
(2) shall be kept readily distinguishable from those of persons of the age
of majority. Fingerprints and photographs taken under subsection (a)(3)
may be kept in the same manner as those of persons of the age of majority.

(c) Fingerprints and photographs of a juvenile shall not be sent to a
state or federal repository, except that:

(1) Fingerprints and photographs may be sent to a state or federal
repository if authorized by a judge of the district court having jurisdiction;

(2) a juvenile's fingerprints shall, and photographs of a juvenile may,
be sent to a state or federal repository if taken under subsection (a)(2);
and

(3) fingerprints or photographs taken under subsection (a)(3) shall be
processed and disseminated in the same manner as those of persons of
the age of majority.

(d) Fingerprints or photographs of a juvenile may be furnished to
another juvenile justice agency, as defined by K.S.A. 38-1617 and amend-
ments thereto, if the other agency has a legitimate need for the finger-
prints or photographs.

(e) Any fingerprints or photographs of a juvenile taken under the
provisions of subsection (a)(2) as it existed before the effective date of
this act may be sent to a state or federal repository on or before December
31, 1984.

(f) Any law enforcement agency that willfully fails to make any report
required by this section shall be liable to the state for the payment of a
civil penalty, recoverable in an action brought by the attorney general, in

1006             1997 Session Laws of Kansas             Ch. 156

an amount not exceeding $500 for each report not made. Any civil penalty
recovered under this subsection shall be paid into the state general fund.

(g) The director of the Kansas bureau of investigation shall adopt any
rules and regulations necessary to implement, administer and enforce the
provisions of this section, including time limits within which fingerprints
shall be sent to a state or federal repository when required by this section.

(h) Nothing in this section shall preclude the custodian of a juvenile
from authorizing photographs or fingerprints of the juvenile to be used
in any action under the Kansas parentage act.

Sec. 51. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1613 is
hereby amended to read as follows: 38-1613. (a) Docket fee. The docket
fee for proceedings under this code, if one is assessed as provided by this
section, shall be $25. Only one docket fee shall be assessed in each case.

(b) Expenses. The expenses for proceedings under this code, includ-
ing fees and mileage allowed witnesses and fees and expenses approved
by the court for appointed attorneys, shall be paid by the board of county
commissioners from the general fund of the county.

(c) Assessment of docket fee and expenses. (1) Docket fee. The docket
fee may be assessed or waived by the court conducting the initial dispos-
itional sentencing hearing and may be assessed against the complaining
witness, the person initiating the prosecution, the juvenile offender or
the parent of the juvenile offender. Any docket fee received shall be
remitted to the state treasurer pursuant to K.S.A. 20-362, and amend-
ments thereto.

(2) Waiver and assessment. Expenses may be waived or assessed
against the complaining witness, the person initiating the prosecution, the
juvenile offender or a parent of the juvenile offender. When expenses are
recovered from a party against whom they have been assessed the general
fund of the county shall be reimbursed in the amount of the recovery.

(3) Prohibited assessment. Docket fees or expenses shall not be as-
sessed against the state, a political subdivision of the state, an agency of
the state or of a political subdivision of the state or a person acting in the
capacity of an employee of the state or of a political subdivision of the
state.

(d) Cases in which venue is transferred. If venue is transferred from
one county to another, the court from which the case is transferred shall
send to the receiving court a statement of expenses paid from the general
fund of the sending county. If the receiving court collects any of the
expenses owed in the case, the receiving court shall pay to the sending
court an amount proportional to the sending court's share of the total
expenses owed to both counties. The expenses of the sending county shall
not be an obligation of the receiving county except to the extent that the
sending county's proportion of the expenses is collected by the receiving

Ch. 156             1997 Session Laws of Kansas             1007

court. All amounts collected shall first be applied toward payment of the
docket fee.

Sec. 52. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1614 is
hereby amended to read as follows: 38-1614. (a) Physical care and treat-
ment. (1) When the health or condition of a juvenile who is subject to the
jurisdiction of the court requires it, the court may consent to the per-
forming and furnishing of hospital, medical, surgical or dental treatment
or procedures including the release and inspection of medical or dental
records.

(2) When the health or condition of a juvenile requires it and the
juvenile has been placed in the custody of a person other than a parent
or placed in or committed to a facility, the custodian or an agent desig-
nated by the custodian shall have authority to consent to the performance
and furnishing of hospital, medical, surgical or dental treatment or pro-
cedures including the release and inspection of medical or dental records,
subject to terms and conditions the court considers proper. The provi-
sions of this subsection shall also apply to juvenile felons, as defined in
K.S.A. 38-16,112, and amendments thereto prior to its repeal, who have
been placed in a youth center juvenile correctional facility pursuant to
K.S.A. 75-5206, and amendments thereto.

(3) Any health care provider, who in good faith renders hospital, med-
ical, surgical or dental care or treatment to any juvenile after a consent
has been obtained as authorized by this section, shall not be liable in any
civil or criminal action for failure to obtain consent of a parent.

(4) Nothing in this section shall be construed to mean that any person
shall be relieved of legal responsibility to provide care and support for a
juvenile.

(b) Mental care and treatment. If it is brought to the court's attention,
while the court is exercising jurisdiction over the person of a juvenile
under this code, that the juvenile may be a mentally ill person as defined
in K.S.A. 1996 Supp. 59-2946 and amendments thereto, the court may:

(1) Direct or authorize the county or district attorney or the person
supplying the information to file the petition provided for in K.S.A. 1996
Supp. 59-2957 and amendments thereto, and proceed to hear and deter-
mine the issues raised by the application as provided in the care and
treatment act for mentally ill persons; or

(2) authorize that the juvenile seek voluntary admission to a treat-
ment facility as provided in K.S.A. 1996 Supp. 59-2949 and amendments
thereto.

The application to determine whether the juvenile is a mentally ill
person may be filed in the same proceedings as the petition alleging the
juvenile to be a juvenile offender or may be brought in separate pro-
ceedings. In either event, the court may enter an order staying any further

1008             1997 Session Laws of Kansas             Ch. 156

proceedings under this code until all proceedings have been concluded
under the care and treatment act for mentally ill persons.

Sec. 53. On and after July 1, 1997, K.S.A. 38-1618, as amended by
section 59 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1618. (a) In order to properly advise the
three branches of government on the operation of the juvenile justice
system, there is hereby established within and as a part of the central
repository, as defined by K.S.A. 22-4701 and amendments thereto, a ju-
venile offender information system. The system shall serve as a repository
of juvenile offender information which is collected by juvenile justice
agencies and reported to the system. Unless extended by an official action
of the Kansas criminal justice coordinating council, the juvenile offender
information system shall be operational and functional on or before July
1, 1997.

(b) Except as otherwise provided by this subsection, every juvenile
justice agency shall report juvenile offender information, whether col-
lected manually or by means of an automated system, to the central re-
pository, in accordance with rules and regulations adopted pursuant to
this section. A juvenile justice agency shall report to the central repository
those reportable events involving a violation of a county resolution or city
ordinance only when required by rules and regulations adopted by the
director.

(c) Reporting methods may include:

(1) Submission of juvenile offender information by a juvenile justice
agency directly to the central repository;

(2) if the information can readily be collected and reported through
the court system, submission to the central repository by the office of
judicial administrator; or

(3) if the information can readily be collected and reported through
juvenile justice agencies that are part of a geographically based infor-
mation system, submission to the central repository by the agencies.

(d) The director may determine, by rule and regulation, the report-
able events to be reported by each juvenile justice agency, in order to
avoid duplication in reporting.

(e) Juvenile offender information maintained in the juvenile offender
information system is confidential and shall not be disseminated or pub-
licly disclosed in a manner which enables identification of any individual
who is a subject of the information, except that the information shall be
open to inspection by law enforcement agencies of this state, by the de-
partment of social and rehabilitation services if related to an individual
in the secretary's custody or control, by the juvenile justice authority if
related to an individual in the commissioner's custody or control, by the
department of corrections if related to an individual in the commissioner's
custody or control, by the educational institution to the extent allowed

Ch. 156             1997 Session Laws of Kansas             1009

pursuant to law or pursuant to a court order, if related to an individual
that is required to attend such educational institution as part of an im-
mediate intervention program, probation or post-release supervision by
the officers of any public institution to which the individual is committed,
by county and district attorneys, by attorneys for the parties to a pro-
ceeding under this code, the intake and assessment worker or upon order
of a judge of the district court or an appellate court.

(f) Any journal entry of a trial of a juvenile adjudged to be a juvenile
offender shall state the number of the statute under which the juvenile
is adjudicated to be a juvenile offender and specify whether each offense,
if done by an adult, would constitute a felony or misdemeanor, as defined
by K.S.A. 21-3105 and amendments thereto.

(g) Any law enforcement agency that willfully fails to make any report
required by this section shall be liable to the state for the payment of a
civil penalty, recoverable in an action brought by the attorney general, in
an amount not exceeding $500 for each report not made. Any civil penalty
recovered under this subsection shall be paid into the state general fund.

(h) The director shall adopt any rules and regulations necessary to
implement, administer and enforce the provisions of this section.

(i) K.S.A. 38-1617 and amendments thereto and this section shall be
part of and supplemental to the Kansas juvenile justice code.

(j) The director shall develop incentives to encourage the timely entry
of juvenile offender information into the central repository.

Sec. 54. On and after July 1, 1997, K.S.A. 38-1632, as amended by
section 64 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1632. (a) Length of detention. (1) When-
ever an alleged juvenile offender is taken into custody and is thereafter
taken before the court or to a juvenile detention facility or youth resi-
dential facility designated by the court, the juvenile shall not remain de-
tained for more than 48 hours, excluding Saturdays, Sundays and legal
holidays, from the time the initial detention was imposed, unless the court
determines after hearing, within the 48-hour period, that further deten-
tion is necessary.

(2) If a juvenile is detained in jail pursuant to subsection (b) of K.S.A.
38-1691 and amendments thereto, the detention hearing required by this
section shall be held within 24 hours after the juvenile is taken into cus-
tody.

(b) Waiver of detention hearing. The right of a juvenile to a detention
hearing may be waived if the juvenile and the attorney for the juvenile
consent in writing to waive the right to a detention hearing and the judge
approves the waiver. Whenever the right to a detention hearing has been
waived, the juvenile, the attorney for the juvenile or the juvenile's parents
may reassert the right at any time not less than 48 hours prior to the time
scheduled for trial by submitting a written request to the judge. Upon

1010             1997 Session Laws of Kansas             Ch. 156

request, the judge shall immediately set the time and place for the hear-
ing, which shall be held not more than 48 hours after the receipt of the
request excluding Saturdays, Sundays and legal holidays.

(c) Notice of hearing. Whenever it is determined that a detention
hearing is required the court shall immediately set the time and place for
the hearing. Except as otherwise provided by subsection (b)(1) of K.S.A.
38-1691 and amendments thereto, notice of the detention hearing shall
be given at least 24 hours prior to the hearing, unless waived, and shall
be in substantially the following form:

                            (Name of Court)
(Caption of Case)
                     NOTICE OF DETENTION HEARING

TO:   ___________________________________  ___________________________________

           (Juvenile)

      ___________________________________  ___________________________________

           (Father)

      ___________________________________  ___________________________________

           (Mother)

      ___________________________________  ___________________________________

           (Other having custody-                      (Address)
               relationship)

  On ____________, ______, 19______, at _____ o'clock ______m. there will be a hearing
         (day)     (date)
for the court to determine if there is a need for further detention of the above named
juvenile. Each parent or other person having legal custody of the juvenile should be present
at the hearing which will be held at ____________.

  You have the right to hire an attorney to represent the above juvenile. Upon failure to
hire an attorney the court will appoint an attorney for the juvenile and the juvenile, parent
or other person having legal custody of the juvenile may be required to repay the court for
the expense of the appointed attorney. The court may order one or both parents to pay child
support.
Date: ____________, 19___                             Clerk of the District Court
                                                    by ________________________
        (Seal)
                              REPORT OF SERVICE

  I certify that I have delivered a true copy of the above notice on the persons above named
in the manner and at the times indicated below:

Name         Location of Service   Manner of Service     Date    Time
             (other than above)

__________   ___________________   __________________    ______  ______
__________   ___________________   __________________    ______  ______

Date Returned: ____________, 19___        ______________________________
                                                      (Signature)
                                          ______________________________
                                                        (Title)

(d) Oral notice. When there is insufficient time to give written notice,
oral notice may be given and is completed upon filing a certificate of oral
notice with the clerk in substantially the following form:

Ch. 156             1997 Session Laws of Kansas             1011

I gave oral notice that the court will hold a hearing at ______o'clock ___m. on _______________________________________________________________________________ ,
19___, to the persons listed, in the manner and at the times indicated below:

Name

____________

____________

(e) Hearing, finding, bond. At the time set for the detention hearing
if no retained attorney is present to represent the juvenile, the court shall
appoint an attorney for the juvenile, and may recess the hearing for 24
hours to obtain attendance of the attorney appointed unless the juvenile
is detained in jail pursuant to subsection (b)(1) of K.S.A. 38-1691 and
amendments thereto. At the detention hearing, if the court finds the
juvenile is dangerous to self or others, the juvenile may be detained in a
juvenile detention facility or youth residential facility which the court shall
designate. If the court finds the juvenile is not likely to appear for further
proceedings, the juvenile may be detained in a juvenile detention facility
or youth residential facility which the court shall designate or may be
released upon the giving of an appearance bond in an amount specified
by the court and on the conditions the court may impose, in accordance
with the applicable provisions of article 28 of chapter 22 of the Kansas
Statutes Annotated and amendments thereto. In the absence of either
finding, the court shall order the juvenile released or placed in temporary
custody as provided in subsection (f).

In determining whether to place a juvenile in a juvenile detention fa-
cility pursuant to this subsection, the court shall consider all relevant
factors, including but not limited to the criteria listed in K.S.A. 38-1640
and amendments thereto. If the court orders the juvenile to be detained
in a juvenile detention facility, the court shall record the specific findings
of fact upon which the order is based.

If detention is ordered and the parent was not notified of the hearing

1012             1997 Session Laws of Kansas             Ch. 156

and did not appear and later requests a rehearing, the court shall rehear
the matter without unnecessary delay.

(f) Temporary custody. If the court determines that it is not necessary
to detain the juvenile but finds that release to the custody of a parent is
not in the best interests of the juvenile, the court may place the juvenile
in the temporary custody of a youth residential facility, the commissioner
or some other suitable person willing to accept temporary custody.

(g) Audio-video communications. Detention hearings may be con-
ducted by two-way electronic audio-video communication between the
alleged juvenile offender and the judge in lieu of personal presence of the
juvenile or the juvenile's counsel in the courtroom from any location
within Kansas in the discretion of the court. The juvenile may be accom-
panied by the juvenile's counsel during such proceedings or counsel may
be personally present in court as long as a means of communication be-
tween the juvenile and the juvenile's counsel is available for consultation
between the juvenile and the juvenile's counsel in confidence.

Sec. 55. On and after July 1, 1997, K.S.A. 38-1633, as amended by
section 65 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1633. (a) When the respondent appears
in response to a complaint without an attorney, the court shall inform the
respondent of the following:

(1) The nature of the charges in the complaint;

(2) the right to hire an attorney of the respondent's own choice;

(3) the duty of the court to appoint an attorney for the respondent if
no attorney is hired by the respondent or parent; and

(4) that the court may require the respondent or parents to pay the
expense of a court appointed attorney.

Upon request the court shall give the respondent or parent an oppor-
tunity to hire an attorney. If no request is made or the respondent or
parents are financially unable to hire an attorney, the court shall forthwith
appoint an attorney for the respondent. The court shall afford the re-
spondent an opportunity to confer with the attorney before requiring the
respondent to plead to the allegations of the complaint.

(b) When the respondent appears with an attorney in response to a
complaint, the court shall require the respondent to plead guilty or not
guilty to the allegations stated in the complaint or plead nolo contendere,
unless there is an application for and approval of an immediate interven-
tion program. Prior to making this requirement, the court shall inform
the respondent of the following:

(1) The nature of the charges in the complaint;

(2) the right of the respondent to be presumed innocent of each
charge;

(3) the right to trial without unnecessary delay and to confront and

Ch. 156             1997 Session Laws of Kansas             1013

cross-examine witnesses appearing in support of the allegations of the
complaint;

(4) the right to subpoena witnesses;

(5) the right of the respondent to testify or to decline to testify; and

(6) the sentencing alternatives the court may select as the result of
the juvenile being adjudged to be a juvenile offender.

(c) If the respondent pleads guilty to the allegations contained in a
complaint or pleads nolo contendere, the court shall determine, before
accepting the plea and entering a sentence: (1) That there has been a
voluntary waiver of the rights enumerated in subsections (b)(2), (3), (4)
and (5); and (2) that there is a factual basis for the plea.

(d) If the respondent pleads not guilty, the court shall schedule a time
and date for trial to the court.

(e) Pretrial hearings may be conducted by two-way electronic au-
dio-video communication between the alleged juvenile offender and the
judge in lieu of personal presence of the juvenile or the juvenile's counsel
in the courtroom from any location within Kansas in the discretion of the
court. The juvenile may be accompanied by the juvenile's counsel during
such proceedings or counsel may be personally present in court as long
as a means of communication between the juvenile and the juvenile's coun-
sel is available for consultation between the juvenile and the juvenile's
counsel in confidence.

Sec. 56. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1635, as
amended by section 66 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1635. (a) Except as provided in
subsection (b), each court county or district attorney may adopt a policy
and establish guidelines for an immediate intervention program by which
a respondent may avoid prosecution as a juvenile offender. In addition to
the court county or district attorney adopting policies and guidelines for
the immediate intervention programs, the court, the county or district
attorney and the director of the intake and assessment center, pursuant
to a written agreement, may develop local programs to:

(1) Provide for the direct referral of cases by the county or district
attorney or the intake and assessment worker, or both, to youth courts,
restorative justice centers, citizen review boards, hearing officers, or other
local programs as sanctioned by the court.

(2) Allow intake and assessment workers to issue a summons, as de-
fined in subsection (e).

(3) Allow the intake and assessment centers to directly purchase serv-
ices for the juveniles and the juvenile's family.

(4) Allow intake and assessment workers 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

1014             1997 Session Laws of Kansas             Ch. 156

reason to believe that if released the juvenile will appear for further pro-
ceedings and will not be dangerous to self or others.

(b) An immediate intervention program shall provide that a respon-
dent is ineligible for such program if the respondent has been previously
adjudicated to be a juvenile offender, or faces pending charges as a ju-
venile offender, for committing acts which, if committed by an adult,
would constitute:

(1) A violation of K.S.A. 8-1567 and amendments thereto and the
respondent: (A) Has previously participated in an immediate intervention
program instead of prosecution of a complaint alleging a violation of that
statute or an ordinance of a city in this state which prohibits the acts
prohibited by that statute; (B) has previously been adjudicated of a vio-
lation of that statute or a violation of a law of another state or of a political
subdivision of this or any other state, which law prohibits the acts pro-
hibited by that statute; or (C) during the time of the alleged violation was
involved in a motor vehicle accident or collision resulting in personal
injury or death; or

(2) a violation of an off-grid crime, a person felony, or a felony or
misdemeanor committed when the respondent was in possession of a
deadly weapon was illegally possessing a firearm or using a deadly
weapon in the commission of such crime.

(c) An immediate intervention program may include a stipulation,
agreed to by the respondent, the respondent's attorney and the attorney
general or county or district attorney, of the facts upon which the charge
is based and a provision that if the respondent fails to fulfill the terms of
the specific immediate intervention agreement and the immediate inter-
vention proceedings are resumed, the proceedings, including any pro-
ceedings on appeal, shall be conducted on the record of the stipulation
of facts.

(d) The court county or district attorney may require the parent or
guardian of a juvenile offender to be a part of the immediate intervention
program for the juvenile offender.

(e) ``Summons'' means a written order issued by an intake and as-
sessment worker directing that a respondent appear before a designated
court at a stated time and place and answer to a charge pending against
the respondent.

(f) The provisions of this section shall not be applicable in judicial
districts that adopt district court rules pursuant to K.S.A. 20-342, and
amendments thereto, for the administration of immediate intervention
programs by the district court.

Sec. 57. On and after July 1, 1997, K.S.A. 38-1636, as amended by
section 67 of chapter 229 of the 1996 Session Laws of Kansas, 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

Ch. 156             1997 Session Laws of Kansas             1015

a respondent and prior to entry of a sentence or 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 attor-
ney 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 of-
fense (i) if committed by an adult, would be 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 is a felony after having been adjudicated or convicted in a sep-
arate 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 act
charged and prior to the entry of a sentence or the beginning of an evi-
dentiary 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 re-
spondent 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 entry of a sentence or the beginning of
an evidentiary hearing at which the court may enter a sentence as pro-
vided in K.S.A. 38-1655, and amendments thereto, the county or district
attorney may file a motion requesting that the court designate the pro-
ceedings as an extended jurisdiction juvenile prosecution as provided fur-
ther. If the county or district attorney files a motion to designate the
proceedings as an extended jurisdiction juvenile prosecution and the re-
spondent was: (A) charged with an offense (i) if committed by an adult,
would be an offgrid felony, a person felony, a 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 is a felony after having been adjudicated
or convicted in a separate prior juvenile proceeding as having committed
an act which would constitute a felony is committed by an adult and the
adjudications or convictions occurred prior to the date of the commission
of the new act charged, the burden of proof is on the respondent to rebut
the designation of an extended jurisdiction juvenile prosecution.

(b) The motion may also contain a statement that the prosecuting
attorney will introduce evidence of the offenses alleged in the complaint

1016             1997 Session Laws of Kansas             Ch. 156

and request that, on hearing the motion and authorizing prosecution as
an adult or designating the proceedings as an extended jurisdiction ju-
venile prosecution under this code, the court may make the findings re-
quired 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) 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.

(d) If the respondent fails to appear for hearing on a motion as es-
tablished in subsection (a) after having been properly 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 once a week for two consecutive weeks in a newspaper au-
thorized to publish legal notices in 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 ju-
venile 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 pro-
ceeding 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 being given to offenses against persons, espe-
cially if personal injury resulted; (4) the number of alleged offenses un-
adjudicated and pending against the respondent; (5) the previous history
of the respondent, including whether the respondent had been adjudi-
cated delinquent or miscreant under the Kansas juvenile code or a ju-
venile 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

Ch. 156             1997 Session Laws of Kansas             1017

listed in this subsection shall not in and of itself 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 com-
pletion 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 jurisdic-
tion juvenile prosecution upon completion of the hearing if the respon-
dent 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.

(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 re-
spondent, the court may direct that there is no necessity for further pre-
liminary examination on the charges as provided for in K.S.A. 22-2902,
and amendments thereto. In that case, the court shall order the respon-
dent 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 may shall attach and apply to any future acts by the respondent
which are or would be cognizable under this code if the order of the court
so provides.

(i) If the respondent is prosecuted as an adult under subsection (f)(1)
and convicted of a lesser included offense (a)(2) and is not convicted in
adult court of an offense listed in subsection (a)(2), the respondent shall
be a juvenile offender and receive a sentence pursuant to K.S.A. 38-1663,
and amendments thereto.

Sec. 58. On and after January 1, 1998, K.S.A. 38-1636, as amended
by section 57 of this act 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 entry of a
sentence or 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

1018             1997 Session Laws of Kansas             Ch. 156

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 of-
fense (i) if committed by an adult, would be 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 is a felony after having been adjudicated or convicted in a sep-
arate 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 act
charged and prior to the entry of a sentence or the beginning of an evi-
dentiary 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 re-
spondent 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 entry of a sentence or the beginning of
an evidentiary hearing at which the court may enter a sentence as pro-
vided in K.S.A. 38-1655, and amendments thereto, the county or district
attorney may file a motion requesting that the court designate the pro-
ceedings as an extended jurisdiction juvenile prosecution as provided fur-
ther. If the county or district attorney files a motion to designate the
proceedings as an extended jurisdiction juvenile prosecution and the re-
spondent 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 be 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
is 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 act charged, the
burden of proof is on the respondent to rebut the designation of an ex-
tended jurisdiction juvenile prosecution. In all other motions requesting
that the court designate the proceedings as an extended jurisdiction ju-
venile prosecution, the respondent is presumed to be a juvenile. The bur-
den of proof is on the prosecutor to prove the respondent should be des-
ignated as an extended jurisdiction juvenile.

(b) The motion may also contain a statement that the prosecuting

Ch. 156             1997 Session Laws of Kansas             1019

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 ju-
venile prosecution under this code, the court may make the findings re-
quired 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) 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.

(d) If the respondent fails to appear for hearing on a motion as es-
tablished in subsection (a) after having been properly 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 once a week for two consecutive weeks in a newspaper au-
thorized to publish legal notices in 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 ju-
venile 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 pro-
ceeding 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 being given to offenses against persons, espe-
cially if personal injury resulted; (4) the number of alleged offenses un-
adjudicated and pending against the respondent; (5) the previous history
of the respondent, including whether the respondent had been adjudi-
cated a juvenile offender under this code and, if so, whether the offenses
were against persons or property, and any other previous history of an-
tisocial behavior or patterns of physical violence; (6) the sophistication or
maturity of the respondent as determined by consideration of the re-
spondent's home, environment, emotional attitude, pattern of living or
desire to be treated as an adult; (7) whether there are facilities or pro-
grams 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

1020             1997 Session Laws of Kansas             Ch. 156

of the factors listed in this subsection shall not in and of itself be deter-
minative 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 con-
sidered by the court.

(f) (1) The court may authorize prosecution as an adult upon com-
pletion 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 jurisdic-
tion juvenile prosecution upon completion of the hearing if the respondent
has failed to rebut the presumption or the court finds that there is sub-
stantial evidence that the respondent should be prosecuted under an ex-
tended 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. On or be-
fore March 31, 1998, 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 author-
ized, the court may designate the proceedings to be an extended juvenile
jurisdiction prosecution. A juvenile who is the subject of an extended ju-
venile 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. On or before March
31, 1998, each court shall adopt local rules to establish the basic proce-
dures 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 re-
spondent, the court may direct that there is no necessity for further pre-
liminary examination on the charges as provided for in K.S.A. 22-2902,
and amendments thereto. In that case, the court shall order the respon-
dent 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),
the respondent shall be a juvenile offender and receive a sentence pur-
suant to K.S.A. 38-1663, and amendments thereto.

Ch. 156             1997 Session Laws of Kansas             1021

Sec. 59. On and after July 1, 1997, K.S.A. 1996 Supp. 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 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) This section shall be part of and supplemental to the Kansas ju-
venile offenders justice code.

Sec. 60. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1652, as
amended by section 73 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1652. (a) The hearing shall be
open to the public as to any respondent 16 or more years of age at the
time of the alleged offense or as to any respondent less than 16 years of
age at the time of the alleged offense except if the judge determines that
opening the hearing to the public is not in the best interest of such re-
spondent who is less than 16 years of age.

(b) If the court determines that opening the court proceedings to the
public is not in the best interest of the respondent, the court may exclude
all persons except the respondent, the respondent's parents, attorneys for
interested parties, officers of the court, the witness testifying and the

1022             1997 Session Laws of Kansas             Ch. 156

victim, as defined in subsection (b) of K.S.A. 74-7333 and amendments
thereto or such members of the victim's family, as defined in subsection
(b)(2) of K.S.A. 74-7335 and amendments thereto as the court deems
appropriate. Upon agreement of all interested parties, the court shall
allow other persons to attend the hearing unless the court finds the pres-
ence of the persons would be disruptive to the proceedings.

(c) As used in this section, ``hearings'' shall include detention, first
appearance, adjudicatory, sentencing and all other hearings held under
this code.

Sec. 61. On and after July 1, 1997, K.S.A. 38-1661, as amended by
section 79 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1661. (a) (1) Prior to a sentencing hearing,
the court shall request an investigation and report by a court services
officer unless the court finds that adequate and current information is
available from a previous investigation, report or other sources. Upon
request of the prosecuting attorney or the attorney for the respondent,
the court shall make available to the attorney the report of the investi-
gation and shall allow the attorney a reasonable time to review the report
before ordering the sentencing of the respondent.

(2) The judicial administrator shall designate a sentencing risk as-
sessment tool to be used statewide. Such assessment tool shall be com-
pleted prior to sentencing and be used by the court in determining sen-
tencing. The commissioner shall have access to completed sentencing risk
assessment tools.

(b) The court may direct that the investigation include the circum-
stances of the offense; the attitude of the complainant, victim or the vic-
tim's family; and the record of juvenile offenses, the social history and
the present condition of the respondent. Except where specifically pro-
hibited by law, all local governmental public and private educational in-
stitutions and state agencies shall furnish to the officer conducting the
predispositional investigation the records the officer requests. If ordered
by the court, the predispositional investigation shall include a physical
examination and mental examination of the respondent if sufficient re-
ports are not already available to the investigating officer. Predispositional
investigations shall contain other information prescribed by the court.

(c) At any time after the respondent has been adjudicated to be a
juvenile offender and prior to sentencing, the judge, at the request of an
interested party, shall hear additional evidence as to proposals for rea-
sonable and appropriate sentencing of the case.

Sec. 62. On and after July 1, 1997, K.S.A. 38-1662, as amended by
section 80 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1662. (a) Psychological or emotional. Fol-
lowing the juvenile being adjudged to be a juvenile offender under this
code the court may order an evaluation and written report of the psycho-

Ch. 156             1997 Session Laws of Kansas             1023

logical or emotional development or needs of the juvenile offender. The
court may refer the juvenile offender to a state institution for the evalu-
ation if the commissioner advises the court that the facility is a suitable
place to care for, treat or evaluate the juvenile offender and that space is
available. The expenses of transportation to and from the state facility
may be paid as a part of the expenses of the proceedings. The juvenile
offender may be referred to a mental health center or a qualified profes-
sional for the evaluation, and the expenses of the evaluation may be con-
sidered as expenses of the proceedings and assessed as provided in this
code. If the court orders an evaluation as provided in this section, a parent
of the juvenile offender shall have the right to obtain an independent
evaluation at the expense of the parent.

(b) Medical. Following the juvenile being adjudged to be a juvenile
offender under this code, the court may order an examination and report
of the medical condition and needs of the juvenile offender who is the
subject of the proceedings. The court may also order a report from any
physician who has been attending the juvenile offender stating the diag-
nosis, condition and treatment afforded the juvenile offender.

(c) Educational. The court may order the chief administrative officer
of the school which the juvenile offender attends or attended to provide
to the court information that is readily available which the school officials
feel would properly indicate the educational needs of the juvenile of-
fender. The order may direct that the school conduct an educational
needs assessment of the juvenile offender and send a report thereof to
the court. The educational needs assessment may include a meeting in-
volving any of the following: (1) The juvenile offender's parents, (2) the
juvenile offender's teacher or teachers, (3) the school psychologist, (4) a
school special services representative, (5) a representative of the com-
missioner, (6) the juvenile offender's C.A.S.A., (7) the juvenile offender's
foster parents or legal guardian and (8) other persons that the chief ad-
ministrative officer of the school, or the officer's designee, deems appro-
priate.

Sec. 63. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1663, as
amended by section 81 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1663. (a) When a respondent
has been adjudged 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).

1024             1997 Session Laws of Kansas             Ch. 156

(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) Impose any appropriate combination of subsections (a)(1) and (2),
subsection (a)(3) or subsection (a)(4) and make other orders directed to
the juvenile offender as the court deems appropriate.

(6) 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. In no event shall such sanctions house commitment exceed
28 consecutive days.

(7) Commit the juvenile offender, if 18 years of age or less than 23
years of age, to the county jail for a period no longer than seven days and
only when the juvenile offender has violated probation.

(6) (8) Commit the juvenile offender to a community based program
available in such judicial district subject to the terms and conditions the
court orders.

(9) Commit the juvenile offender, if 13 years of age or older, to a
juvenile correctional facility if the juvenile offender:

(A) Has previously been adjudged as a juvenile offender under this
code or as a delinquent or miscreant under the Kansas juvenile code; or

(B) has been adjudicated a juvenile offender as a result of having
committed an act which, if done 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.

(7) (10) 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 man-
datory for the victim;

(B) parents of the juvenile offender to participate in parenting classes;
or

(C) juvenile offender to successfully participate in a program of ed-
ucation 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

Ch. 156             1997 Session Laws of Kansas             1025

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 ex-
penses in the case. No mental health center shall charge a fee for
court-ordered counseling greater than that the center would have charged
the person receiving the counseling if the person had requested coun-
seling on the person's own initiative. No mediator shall charge a fee for
court-ordered mediation greater than that the mediator would have
charged the person participating in the mediation if the person had re-
quested 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, which 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 es-
tablished by law for obtaining a license unless another suspension or rev-
ocation 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 adjudged 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 adjudged
to be a juvenile offender, as provided in subsection (c)(1), the court in

1026             1997 Session Laws of Kansas             Ch. 156

which such juvenile offender was adjudged to be a juvenile offender may
enter an order which places conditions on such juvenile offender's priv-
ilege of operating a motor vehicle on the 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 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 ju-
venile offender to surrender such juvenile offender's driver's license to
the court who shall cause it to be transmitted 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 highways of this state. If the juvenile
offender convicted 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 ap-
ply to the division for the return of the license previously surrendered by
such licensee. In the event such license has expired, such juvenile of-
fender may apply to the division for a new license, which shall be issued
immediately by the division upon payment of the proper fee and satis-
faction of the other conditions established by law, unless such juvenile
offender's privilege to operate a motor vehicle on the highways of this
state has been suspended or revoked prior thereto. If any juvenile of-
fender 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 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

Ch. 156             1997 Session Laws of Kansas             1027

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 perform-
ing 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 sub-
section 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 exceed-
ing $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 juve-
nile offender has derived pecuniary gain from the offense.

(2) The amount of the fine should be directly related to the serious-
ness 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 du-
ration and in no event should the time necessary for payment exceed the
maximum term which would be authorized if the offense had been com-
mitted by an adult.

(f) In addition to or in lieu of any other order authorized by this
section, if a juvenile is adjudged to be a juvenile offender by reason of a
violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
65-4154 or 65-4155 or K.S.A. 1995 1996 Supp. 8-1599, and amendments
thereto, the court shall order the juvenile offender to submit to and com-
plete 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, except that such evaluation may be
waived by the court if the court finds that the juvenile offender has suc-
cessfully completed an alcohol and drug evaluation, approved by the com-
munity-based alcohol and drug safety action program, within 12 months
of the offender's arrest on this offense. If such evaluation occurred more
than 12 months after the offender's arrest on this offense, 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 of-
fender 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

1028             1997 Session Laws of Kansas             Ch. 156

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)(7) shall be re-
quired to pay to the county the cost of such house arrest program. The
board of county commissioners shall further 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, 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
is already subject to an order to pay support for the respondent. If the
parent is not presently 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 shall also 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 judge's minutes.

(j) In addition to the requirements of K.S.A. 38-1671, and amend-
ments thereto, on or after July 1, 1997, if a person is under 18 years of
age and convicted of a felony or adjudicated as a juvenile offender for an
act which if done by an adult would constitute the commission of a felony,
the court shall forward a signed copy of the journal entry to the commis-
sioner 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. 64. On and after July 1, 1999, K.S.A. 1995 Supp. 38-1663, as
amended by section 63 of this act, is hereby amended to read as follows:
38-1663. (a) When a respondent has been adjudged to be a juvenile of-
fender, the judge may select from the following alternatives:

(1) Place the juvenile offender on probation for a fixed period, subject

Ch. 156             1997 Session Laws of Kansas             1029

to the terms and conditions the court deems appropriate based on the
juvenile justice programs in the community, 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
based on the juvenile justice programs in the community, 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) Impose any appropriate combination of subsections (a)(1) and (2),
subsection (a)(3) or subsection (a)(4) and make other orders directed to
the juvenile offender as the court deems appropriate.

(6) 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. In no event shall such sanctions house commitment exceed
28 consecutive days.

(7) Commit the juvenile offender, if 18 years of age or less than 23
years of age, to the county jail for a period no longer than seven days and
only when the juvenile offender has violated probation.

(8) Commit the juvenile offender to a community based program
available in such judicial district subject to the terms and conditions the
court orders.

(9) Commit the juvenile offender to a juvenile correctional facility if
the juvenile offender:

(A) Has previously been adjudged as a juvenile offender under this
code; or

(B) has been adjudicated a juvenile offender as a result of having
committed an act which, if done 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 as provided by the placement
matrix established in section 23, and amendments thereto.

(10) Place the juvenile offender under a house arrest program ad-
ministered 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

1030             1997 Session Laws of Kansas             Ch. 156

offender and the juvenile offender's parents. Mediation shall not be man-
datory for the victim;

(B) parents of the juvenile offender to participate in parenting classes;
or

(C) juvenile offender to successfully participate in a program of ed-
ucation 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 ex-
penses in the case. No mental health center shall charge a fee for
court-ordered counseling greater than that the center would have charged
the person receiving the counseling if the person had requested coun-
seling on the person's own initiative. No mediator shall charge a fee for
court-ordered mediation greater than that the mediator would have
charged the person participating in the mediation if the person had re-
quested 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, which 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 es-
tablished by law for obtaining a license unless another suspension or rev-
ocation 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

Ch. 156             1997 Session Laws of Kansas             1031

thereto. Any respondent who is adjudged 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 adjudged
to be a juvenile offender, as provided in subsection (c)(1), the court in
which such juvenile offender was adjudged to be a juvenile offender may
enter an order which places conditions on such juvenile offender's priv-
ilege of operating a motor vehicle on the 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 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 ju-
venile offender to surrender such juvenile offender's driver's license to
the court who shall cause it to be transmitted 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 highways of this state. If the juvenile
offender convicted 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 ap-
ply to the division for the return of the license previously surrendered by
such licensee. In the event such license has expired, such juvenile of-
fender may apply to the division for a new license, which shall be issued
immediately by the division upon payment of the proper fee and satis-
faction of the other conditions established by law, unless such juvenile
offender's privilege to operate a motor vehicle on the highways of this
state has been suspended or revoked prior thereto. If any juvenile of-
fender 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 highways of this state shall be revoked for a period as

1032             1997 Session Laws of Kansas             Ch. 156

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 perform-
ing 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 sub-
section 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 exceed-
ing $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 juve-
nile offender has derived pecuniary gain from the offense.

(2) The amount of the fine should be directly related to the serious-
ness 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 du-
ration and in no event should the time necessary for payment exceed the
maximum term which would be authorized if the offense had been com-
mitted by an adult.

(f) In addition to or in lieu of any other order authorized by this
section, if a juvenile is adjudged to be a juvenile offender by reason of a
violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
65-4154 or 65-4155 or K.S.A. 1996 Supp. 8-1599, and amendments
thereto, the court shall order the juvenile offender to submit to and com-
plete 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, except that such evaluation may be
waived by the court if the court finds that the juvenile offender has suc-
cessfully completed an alcohol and drug evaluation, approved by the com-
munity-based alcohol and drug safety action program, within 12 months

Ch. 156             1997 Session Laws of Kansas             1033

of the offender's arrest on this offense. If such evaluation occurred more
than 12 months after the offender's arrest on this offense, 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 of-
fender 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)(7) shall be re-
quired to pay to the county the cost of such house arrest program. The
board of county commissioners shall further 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, 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
is already subject to an order to pay support for the respondent. If the
parent is not presently 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 shall also 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 judge's minutes.

(j) In addition to the requirements of K.S.A. 38-1671, and amend-
ments thereto, on or after July 1, 1997, if a person is under 18 years of
age and convicted of a felony or adjudicated as a juvenile offender for an
act which if done by an adult would constitute the commission of a felony,
the court shall forward a signed copy of the journal entry to the commis-
sioner within 30 days of final deposition disposition.

1034             1997 Session Laws of Kansas             Ch. 156

(k) The sentencing hearing shall be open to the public as provided in
K.S.A. 38-1652, and amendments thereto.

Sec. 65. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1668, as
amended by section 85 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1668. (a) A parent, guardian or
person with whom a juvenile resides may be ordered by the court to
report any probation violations or conditional release contract violations,
aid in enforcing terms and conditions of probation or conditional release
or other orders of the court or any of the above. Any person placed under
an order to report any probation violations or conditional release contract
violations, aid in enforcing terms and conditions of probation or condi-
tional release or other orders of the court or any of the above who fails
to do so may be proceeded against for indirect contempt of court as
provided in K.S.A. 20-1204a et seq., and amendments thereto.

(b) This section shall be part of and supplemental to the Kansas ju-
venile justice code.

Sec. 66. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1671, as
amended by section 86 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1671. (a) Actions by the court.
(1) When a juvenile offender has been committed to a juvenile correc-
tional facility, the clerk of the court shall forthwith notify the commis-
sioner of the commitment and provide the commissioner with a certified
copy of the complaint, the journal entry of the trial and the sentence. The
court shall also forward those items from the social file which could relate
to a rehabilitative program. If the court wishes to recommend placement
of the juvenile offender in a specific juvenile correctional facility, the
recommendation shall be included in the sentence. After the court has
received notice of the juvenile correctional facility designated as provided
in subsection (b), it shall be the duty of the court or the sheriff of the
county to deliver the juvenile offender to the facility at the time desig-
nated by the commissioner.

(2) When a juvenile offender is residing in a juvenile correctional
facility and is required to go back to court for any reason, the county
demanding the juvenile's presence shall be responsible for transportation,
detention, custody and control of such offender. In these cases, the county
sheriff shall be responsible for all transportation, detention, custody and
control of such offender.

(b) Actions by the commissioner. (1) After receiving notice of com-
mitment as provided in subsection (a), the commissioner shall give the
committing court notice designating the juvenile correctional facility to
which the juvenile offender is to be admitted and the date of the admis-
sion.

(2) Except as provided by K.S.A. 38-1691, and amendments thereto,
the commissioner may make any temporary out-of-home placement the

Ch. 156             1997 Session Laws of Kansas             1035

commissioner deems appropriate pending placement of the juvenile of-
fender in a juvenile correctional facility, and the commissioner shall notify
the court, local law enforcement agency and school district in which the
juvenile will be residing if the juvenile is still required to attend a sec-
ondary school of that placement.

(c) Transfers. During the time a juvenile offender remains committed
to a juvenile correctional facility, the commissioner may transfer the ju-
venile offender from one juvenile correctional facility to another.

Sec. 67. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1673, as
amended by section 88 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1673. (a) When a juvenile of-
fender has satisfactorily completed the program such offender's term of
incarceration at the juvenile correctional facility to which the juvenile
offender was committed or placed, the person in charge of the juvenile
correctional facility shall have authority to release the juvenile offender
under appropriate conditions and for a specified period of time.

(b) At least 15 days prior to releasing a juvenile offender as provided
in subsection (a), the person in charge of the juvenile correctional facility
shall notify the committing court of the date and conditions upon which
it is proposed the juvenile offender is to be released.

(c) Upon receipt of the notice required by subsection (b), the court
shall review the proposed conditions of release and may recommend
modifications or additions to the conditions.

(d) If, during the conditional release, the juvenile offender is not re-
turning to the county from which committed, the person in charge of the
juvenile correctional facility shall also give notice to the court of the
county in which the juvenile offender is to be residing.

(e) To assure compliance with conditions of release from a juvenile
correctional facility, the commissioner shall have the authority to pre-
scribe the manner in which compliance with the conditions shall be su-
pervised. When requested by the commissioner, the appropriate court
may assist in supervising compliance with the conditions of release during
the term of the conditional release. The commissioner may require the
parents or guardians of the juvenile offender to cooperate and participate
with the conditions of release.

(f) The juvenile justice authority shall notify at least 45 days prior to
the discharge of the juvenile offender the county or district attorney of
the county where the offender was adjudicated a juvenile offender of the
release 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 release of the juvenile offender to: (1)

1036             1997 Session Laws of Kansas             Ch. 156

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. Fail-
ure to notify pursuant to this section shall not be a reason to postpone a
release. 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.

(g) Conditional release programs shall include, but not be limited to,
the treatment options of aftercare services.

Sec. 68. On and after July 1, 1997, K.S.A. 38-1674, as amended by
section 89 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1674. If it is alleged that a juvenile of-
fender who has been conditionally released from a juvenile correctional
facility has failed to obey the specified conditions of release, any social
worker or court services officer assigned to supervise compliance with the
conditions of release or the county or district attorney may file a motion
with the committing court or the court of the county in which the juvenile
offender is residing. The motion shall describe the alleged violation and
request a hearing thereon. The court shall then proceed in the same
manner and under the same procedure as provided for a hearing on a
complaint filed under this code. If the court finds that a condition of
release has been violated, the court may modify or impose additional
conditions of release that the court considers appropriate, extend the term
of the conditional release or order that the juvenile offender be returned
to the juvenile correctional facility until discharged by the superintendent
in charge thereof commissioner.

Sec. 69. On and after July 1, 1999, K.S.A. 38-1674, as amended by
section 68 of this act, is hereby amended to read as follows: 38-1674. If
it is alleged that a juvenile offender who has been conditionally released
from a juvenile correctional facility has failed to obey the specified con-
ditions of release, any officer assigned to supervise compliance with the
conditions of release or the county or district attorney may file a motion
with the committing court or the court of the county in which the juvenile
offender is residing. The motion shall describe the alleged violation and
request a hearing thereon. The court shall then proceed in the same
manner and under the same procedure as provided for a hearing on a
complaint filed under this code. If the court finds that a condition of
release has been violated, the court may modify or impose additional
conditions of release that the court considers appropriate, extend the term
of the conditional release or order that the juvenile offender be returned
to the juvenile correctional facility until discharged by the by the com-

Ch. 156             1997 Session Laws of Kansas             1037

missioner as determined by the placement matrix and the court's deter-
mination of the specified term of incarceration.

Sec. 70. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1675, as
amended by section 90 of chapter 229 of the 1996 Session Laws of Kansas,
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 successfully completed the program pre-
scribed term of incarceration at a juvenile correctional facility together
with any conditional release following the program, the superintendent
in charge of the juvenile correctional facility commissioner shall discharge
the juvenile offender from any further obligation under the commitment.
The discharge shall operate as a full and complete release from any ob-
ligations 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 ju-
venile 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. 71. On and after January 1, 1998, K.S.A. 1995 Supp. 38-1675,
as amended by section 70 of this act, is hereby amended to read as follows:
38-1675. (a) Unless a juvenile is sentenced pursuant to an extended juris-
diction juvenile prosecution upon court order, and the commissioner
transfers the juvenile offender to the custody of the secretary of correc-
tions, when a juvenile offender has reached the age 23 years or has com-
pleted the prescribed term of incarceration at a juvenile correctional fa-
cility together with any conditional release following the program, the
commissioner shall discharge the juvenile offender from any further ob-

1038             1997 Session Laws of Kansas             Ch. 156

ligation under the commitment. 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 ju-
venile 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. 72. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1676, as
amended by section 91 of chapter 229 of the 1996 Session Laws of Kansas,
is hereby amended to read as follows: 38-1676. (a) If a juvenile offender
has committed an act which, if committed by a person 18 years of age or
over, would constitute a class A or B felony, if the offense was committed
before July 1, 1993, or an off-grid felony, a nondrug crime ranked at
severity level 1, 2 or 3 or a drug crime ranked at severity level 1 or 2, if
the offense was committed on or after July 1, 1993, and such juvenile
offender is to be released, 30 45 days before release, the commissioner
shall notify the county attorney or district attorney, the court, the local
law enforcement agency, and the school district in which the juvenile
offender will be residing if the juvenile is still required to attend a sec-
ondary school, of such pending release. The county attorney, district at-
torney or the court on its own motion may file a motion with the court
for a hearing to determine if the juvenile offender should be retained in
the custody of the commissioner, pursuant to K.S.A. 38-1675, and amend-
ments thereto. The court shall fix a time and place for hearing and shall
notify each party of the time and place.

(b) Following the hearing if the court orders for the commissioner to
retain custody, the juvenile offender shall not be held in a juvenile cor-
rectional facility for longer than the maximum term of imprisonment
which could be imposed upon an adult convicted of the offense or of-

Ch. 156             1997 Session Laws of Kansas             1039

fenses which the juvenile offender has been adjudicated to have com-
mitted.

(c) As used in this section, ``maximum term of imprisonment'' means
the greatest maximum sentence authorized by K.S.A. 21-4501 and
amendments thereto, applying any enhanced penalty which would be
applicable under K.S.A. 21-4504 and amendments thereto and computing
terms as consecutive when required by K.S.A. 21-4608 and amendments
thereto.

(d) This section shall be part of and supplemental to the Kansas ju-
venile justice code.

Sec. 73. On and after July 1, 1997, K.S.A. 38-1681, as amended by
section 93 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1681. (a) Order authorizing prosecution
as an adult or extended jurisdiction juvenile prosecution. (1) Unless the
respondent has consented to the order, an appeal may be taken by a
respondent from an order authorizing prosecution as an adult. The appeal
shall be taken only after conviction and in the same manner as other
criminal appeals, except that (A) where the criminal prosecution has re-
sulted in a judgment of conviction upon a plea of guilty or nolo conten-
dere, an appeal may be taken from the order authorizing prosecution
pursuant to K.S.A. 38-1636, and amendments thereto, notwithstanding
the provisions of subsection (a) of K.S.A. 22-3602 and amendments
thereto, and (B) if the criminal prosecution results in an acquittal, an
appeal may nevertheless be taken from the order authorizing prosecution
pursuant to K.S.A. 38-1636, and amendments thereto, if the order pro-
vides that it attaches to future acts by the respondent as authorized by
subsection (h) of K.S.A. 38-1636, and amendments thereto.

(2) If on appeal the order authorizing prosecution as an adult is re-
versed but the finding of guilty is affirmed or the conviction was based
on a plea of guilty or nolo contendere, the respondent shall be deemed
adjudicated to be a juvenile offender. On remand the district court shall
proceed with sentencing.

(b) Orders of adjudgment and sentencing. An appeal may be taken
by a respondent from an order of such respondent being adjudged to be
a juvenile offender or sentencing, or both. The appeal shall be taken after,
but within 10 days of, the entry of the sentence.

(c) Priority. Appeals under this section shall have priority over other
cases except those having statutory priority.

Sec. 74. On and after January 1, 1998, K.S.A. 38-1681, as amended
by section 73 of this act, is hereby amended to read as follows: 38-1681.
(a) Order authorizing prosecution as an adult or extended jurisdiction
juvenile prosecution. (1) Unless the respondent has consented to the or-
der, an appeal may be taken by a respondent from an order authorizing
prosecution as an adult. The appeal shall be taken only after conviction

1040             1997 Session Laws of Kansas             Ch. 156

and in the same manner as other criminal appeals, except that (A) where
the criminal prosecution has resulted in a judgment of conviction upon a
plea of guilty or nolo contendere, an appeal may be taken from the order
authorizing prosecution pursuant to K.S.A. 38-1636, and amendments
thereto, notwithstanding the provisions of subsection (a) of K.S.A. 22-
3602 and amendments thereto, and (B) if the criminal prosecution results
in an acquittal, an appeal may nevertheless be taken from the order au-
thorizing prosecution pursuant to K.S.A. 38-1636, and amendments
thereto, if the order provides that it attaches to future acts by the re-
spondent as authorized by subsection (h) of K.S.A. 38-1636, and amend-
ments thereto.

(2) If on appeal the order authorizing prosecution as an adult is re-
versed but the finding of guilty is affirmed or the conviction was based
on a plea of guilty or nolo contendere, the respondent shall be deemed
adjudicated to be a juvenile offender. On remand the district court shall
proceed with sentencing.

(b) Orders of adjudgment and sentencing. An appeal may be taken
by a respondent from an order of such respondent being adjudged to be
a juvenile offender or sentencing, or both. The appeal shall be taken after,
but within 10 days of, the entry of the sentence.

(c) Priority. Appeals under this section shall have priority over other
cases except those having statutory priority.

Sec. 75. On and after July 1, 1997, K.S.A. 38-1691, as amended by
section 95 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 38-1691. (a) On and after January 1, 1993,
no juvenile shall be detained or placed in any jail pursuant to the Kansas
juvenile justice code except as provided by subsections (b) and (c).

(b) Upon being taken into custody, an alleged juvenile offender may
be temporarily detained in a jail, in quarters with sight and sound sepa-
ration from adult prisoners, for the purpose of identifying and processing
the juvenile and transferring the juvenile to a youth residential facility or
juvenile detention facility. If a juvenile is detained in jail under this sub-
section, the juvenile shall be so detained only for the minimum time
necessary, not to exceed six hours, and in no case overnight.

(c) The provisions of this section do not apply to detention of: (1) a
juvenile with regard to whom a motion has been filed requesting prose-
cution as an adult pursuant to K.S.A. 38-1636 and amendments thereto;
or

(2) a juvenile who has been charged with or convicted of aggravated
juvenile delinquency as defined by K.S.A. 21-3611 and amendments
thereto.

(d) This section shall be part of and supplemental to the Kansas ju-
venile justice code.

Ch. 156             1997 Session Laws of Kansas             1041

Sec. 76. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1692 is
hereby amended to read as follows: 38-1692. (a) As used in this section:

(1) ``Adjudicated person'' means a person adjudged to be a juvenile
offender or a juvenile felon or a person not adjudicated because of mental
disease or defect.

(2) ``Laboratory confirmation of HIV infection'' means positive test
results from a confirmation test approved by the secretary of health and
environment.

(3) ``Sexual act'' means contact between the penis and the vulva, the
penis and the anus, the mouth and the penis, the mouth and the vulva or
the mouth and the anus. For purposes of this definition contact involving
the penis occurs upon penetration, however slight.

(4) ``Test for HIV infection'' means a test approved by the secretary
of health and environment to detect the etiologic agent for the disease
acquired immune deficiency syndrome.

(5) ``Body fluids'' means blood, semen or vaginal secretions or any
body fluid visibly contaminated with blood.

(b) At the time of the first appearance before the court of a person
charged with an offense involving a sexual act committed while the person
was a juvenile, or in which it appears from the nature of the charge that
the transmission of body fluids from one person to another may have
been involved, the judge shall inform the person or the parent or legal
guardian of the person of the availability of testing for HIV infection and
counseling and shall cause each alleged victim of the offense, if any, to
be notified that testing for HIV infection and counseling is available.

(c) If the victim of the offense requests the court to order infectious
disease tests of the alleged offender or if the person charged with the
offense stated to law enforcement officers that the person charged with
the offense has an infectious disease or is infected with an infectious
disease, or used words of like effect, the court shall order the person
charged with the offense to submit to infectious disease tests as defined
in K.S.A. 65-6001 and amendments thereto.

(d) For any offense by an adjudicated person which the court deter-
mines, from the facts of the case, involved or was likely to have involved
the transmission of body fluids from one person to another or involved a
sexual act, the court: (1) May order the adjudicated person to submit to
a test for HIV infection; or (2) shall order the adjudicated person to
submit to a test for HIV infection if a victim of the offense, or the parent
or legal guardian of the victim if the victim is a minor, requests the court
to make such order. If a test for HIV infection is ordered under this
subsection, a victim who is an adult shall designate a health care provider
or counselor to receive the information on behalf of the victim. If a victim
is a minor, the parent or legal guardian of the victim shall designate the
health care provider or counselor to receive the information. If the test
results in a negative reaction, the court shall order the adjudicated person

1042             1997 Session Laws of Kansas             Ch. 156

to submit to another test for HIV infection six months after the first test
was administered.

(e) The results of any test for HIV infection ordered under this sec-
tion shall be disclosed to the court which ordered the test, to the adju-
dicated person, or the parent or legal guardian of the adjudicated person,
and to each person designated under subsection (d) by a victim or by the
parent or legal guardian of a victim. If a test for HIV infection ordered
under this section results in a laboratory confirmation of HIV infection,
the results shall be reported to the secretary of health and environment
and to: (1) The secretary of social and rehabilitation services commissioner
of juvenile justice, in the case of a juvenile offender or a person not ad-
judicated because of mental disease or defect, for inclusion in such of-
fender's or person's medical file; or (2) the secretary of corrections, in
the case of a juvenile felon person under 16 years of age who has been
convicted as an adult, for inclusion in such juvenile felon's person's med-
ical file. The secretary of health and environment shall provide to each
victim of the crime or sexual act, at the option of such victim, counseling
regarding the human immunodeficiency virus, testing for HIV infection
in accordance with K.S.A. 65-6001 et seq. and amendments thereto and
referral for appropriate health care and services.

(f) The costs of any counseling and testing provided under subsection
(e) by the secretary of health and environment shall be paid from amounts
appropriated to the department of health and environment for that pur-
pose. The court shall order the adjudicated person to pay restitution to
the department of health and environment for the costs of any counseling
provided under this section and the costs of any test ordered or otherwise
performed under this section.

(g) When a court orders an adjudicated person to submit to a test for
HIV infection under this section, the withdrawal of the blood may be
performed only by: (1) A person licensed to practice medicine and surgery
or a person acting under the supervision of any such licensed person; (2)
a licensed professional nurse or a licensed practical nurse; or (3) a qual-
ified medical technician. No person authorized by this subsection to with-
draw blood, no person assisting in the performance of the test for HIV
infection nor any medical care facility where blood is withdrawn or tested
that has been ordered by the court to withdraw or test blood shall be
liable in any civil or criminal action when the test is performed in a rea-
sonable manner according to generally accepted medical practices.

(h) The results of tests or reports, or information therein, obtained
under this section shall be confidential and shall not be divulged to any
person not authorized by this section to receive the results or information.
Any violation of this section is a Class C misdemeanor.

Sec. 77. On and after July 1, 1997, K.S.A. 38-16,111, as amended by
section 97 of chapter 229 of the 1996 session laws of Kansas, is hereby

Ch. 156             1997 Session Laws of Kansas             1043

amended to read as follows: 38-16,111. When a juvenile who is under 16
years of age at the time of the sentencing, has been prosecuted as an
adult or under the extended jurisdiction juvenile prosecution, and has
been placed in the custody of the secretary of the department of correc-
tions, the secretary shall notify the sheriff having such juvenile in custody
to convey such offender at a time designated by the juvenile justice au-
thority to a juvenile correctional facility. The commissioner shall notify
the court in writing of the initial placement of the juvenile in the specific
juvenile correctional facility as soon as the placement has been accom-
plished. The commissioner shall not permit the juvenile to remain de-
tained in any jail for more than 72 hours, excluding Saturdays, Sundays
and legal holidays, after the commissioner has received the written order
of the court placing the juvenile in the custody of the commissioner,
except that, if that placement cannot be accomplished, the juvenile may
remain in jail for an additional period of time, not exceeding 10 days,
which is specified by the commissioner and approved by the court.

Sec. 78. On and after January 1, 1998, K.S.A. 38-16,111, as amended
by section 77 of this act, is hereby amended to read as follows: 38-16,111.
When a juvenile who is under 16 years of age at the time of the sentenc-
ing, has been prosecuted as an adult or under the extended jurisdiction
juvenile prosecution, and has been placed in the custody of the secretary
of the department of corrections, the secretary shall notify the sheriff
having such juvenile in custody to convey such offender at a time desig-
nated by the juvenile justice authority to a juvenile correctional facility.
The commissioner shall notify the court in writing of the initial placement
of the juvenile in the specific juvenile correctional facility as soon as the
placement has been accomplished. The commissioner shall not permit
the juvenile to remain detained in any jail for more than 72 hours, ex-
cluding Saturdays, Sundays and legal holidays, after the commissioner has
received the written order of the court placing the juvenile in the custody
of the commissioner, except that, if that placement cannot be accom-
plished, the juvenile may remain in jail for an additional period of time,
not exceeding 10 days, which is specified by the commissioner and ap-
proved by the court.

Sec. 79. On and after July 1, 1997, K.S.A. 1996 Supp. 38-16,126 is
hereby amended to read as follows: 38-16,126. On and after July 1, 1997
January 1, 1998:

(a) If an extended jurisdiction juvenile prosecution results in a guilty
plea or finding of guilt, the court shall:

(1) Impose one or more juvenile sentences under K.S.A. 38-1663,
and amendments thereto; and

(2) impose an adult criminal sentence, the execution of which shall
be stayed on the condition that the juvenile offender not violate the pro-
visions of the juvenile sentence and not commit a new offense.

1044             1997 Session Laws of Kansas             Ch. 156

(b) When it appears that a person convicted as an extended jurisdic-
tion juvenile has violated the conditions of the stayed adult juvenile sen-
tence or is alleged to have committed a new offense, the court, without
notice, may revoke the stay and probation and direct that the juvenile
offender be taken into immediate custody and deliver to the secretary of
corrections pursuant to K.S.A. 21-4621, and amendments thereto. The
court shall notify the juvenile offender and such juvenile offender's at-
torney of record, in writing by personal service, as provided in K.S.A. 60-
303, and amendments thereto, or certified mail, return receipt requested,
of the reasons alleged to exist for revocation of the stay of execution of
the adult sentence. If the juvenile offender challenges the reasons, the
court shall hold a hearing on the issue at which the juvenile offender is
entitled to be heard and represented by counsel. After the hearing, if the
court finds that reasons exist to revoke the stay of execution of the juvenile
sentence, the court shall treat the juvenile offender as an adult and order
any of the adult sanctions authorized by K.S.A. 21-4603d, and amend-
ments thereto. by substantial evidence that the juvenile has violated the
conditions of the juvenile sentence, the court shall revoke the juvenile
sentence and order the imposition of the adult sentence previously ordered
pursuant to subsection (a)(2). Upon such finding, the juvenile's extended
jurisdiction status is terminated, and juvenile court jurisdiction is termi-
nated. The ongoing jurisdiction for any adult sanction, other than the
commitment to the department of corrections, is with the adult court. Such
juvenile offender shall be credited for time served in a juvenile correctional
or detention facility on the juvenile sentence as service on any authorized
adult sanction.

(c) Any juvenile who has been sentenced pursuant to subsection (a)
and is serving the juvenile sentence, upon becoming 18 years of age, such
juvenile is allowed a court hearing to review such juvenile sentence. If
such juvenile sentence is continued, the court shall set a date of further
review in no later than 36 months.

(d) This section shall be part of and supplemental to the Kansas ju-
venile justice code.

Sec. 80. On and after July 1, 1997, K.S.A. 1996 Supp. 38-16,128 is
hereby amended to read as follows: 38-16,128. (a) Except as provided in
subsection (b), a child's parent, parents or guardian shall be liable to repay
to the commissioner of juvenile justice, or any other person or entity who
provides services pursuant to a court order issued under the juvenile
justice code, any assistance expended on the child's behalf, regardless of
the specific program under which the assistance is or has been provided.
Such services shall include, but not be limited to, probation, conditional
release, aftercare supervision, case management and community correc-
tions. When more than one person is legally obligated to support the
child, liability to the commissioner or other person or entity shall be joint

Ch. 156             1997 Session Laws of Kansas             1045

and severable. The commissioner or other person or entity shall have the
power and authority to file a civil action in the name of the commissioner
or other person or entity for repayment of the assistance, regardless of
the existence of any other action involving the support of the child.

(b) With respect to an individual parent or guardian, the provisions
of subsection (a) shall not apply to:

(1) Assistance provided on behalf of any person other than the child
of the parent or guardian;

(2) assistance provided during a month in which the needs of the
parent or guardian were included in the assistance provided to the child;
or

(3) assistance provided during a month in which the parent or guard-
ian has fully complied with the terms of an order of support for the child,
if a court of competent jurisdiction has considered the issue of support.
For the purposes of this subsection, if an order is silent on the issue of
support, it shall not be presumed that the court has considered the issue
of support. Amounts paid for a particular month pursuant to a judgment
under this section shall be credited against the amount accruing for the
same month under any other order of support for the child, up to the
amount of the current support obligation for that month.

(c) When the assistance provided during a month is on behalf of more
than one person, the amount of assistance provided on behalf of one
person for that month shall be determined by dividing the total assistance
by the number of people on whose behalf assistance was provided.

(d) Actions authorized herein are in addition to and not in substitu-
tion for any other remedies.

Sec. 81. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1808 is
hereby amended to read as follows: 38-1808. (a) There is hereby estab-
lished in the state treasury the family and children investment fund, to
be administered by the board of directors of the corporation for change.
On and after July 1, 1997, such fund shall be administered as provided
in this section.

(b) (1) Moneys in the family and children investment fund shall be
expended for: (A) Furthering the purposes of the corporation for change;
(B) review and evaluation of progress in implementing the blueprint for
investment in Kansas children and their families of 1991 special commit-
tee on children's initiatives; (C) purposes which further implementation
of a comprehensive, coordinated strategy for investment in Kansas chil-
dren and their families; and (D) such other purposes as provided by law.

(2) There shall be credited to such the family and children investment
fund appropriations, gifts, grants, contributions, matching funds and par-
ticipant payments.

(3) All expenditures from the fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports

1046             1997 Session Laws of Kansas             Ch. 156

issued pursuant to vouchers approved by the chairperson of the board of
directors of the corporation for change or a person designated by the
chairperson.

(c) (1) There is hereby created the family and children trust account
in the family and children investment fund. The secretary of social and
rehabilitation services shall administer this account.

(2) Moneys credited to the family and children trust account shall be
used for the following purposes: (A) Matching federal moneys to purchase
services relating to community-based programs for the broad range of
child abuse and neglect prevention activities; (B) providing start-up or
expansion grants for community-based prevention projects for the broad
range of child abuse and neglect prevention activities; (C) studying and
evaluating community-based prevention projects for the broad range of
child abuse and neglect prevention activities; (D) preparing, publishing,
purchasing and disseminating educational material dealing with the broad
range of child abuse and neglect prevention activities; and (E) payment
of the salary and actual and necessary travel expenses of the coordinator
employed by the corporation for change for the children and youth ad-
vocacy committee; and (F) payment of administrative costs of the family
and children trust account and of the children and youth advocacy com-
mittee, including amounts provided by subsection (c) of K.S.A. 38-1805
and amendments thereto advisory committee on children and families
established pursuant to section 34, and amendments thereto. No moneys
in the family and children trust account shall be used for the purpose of
providing services for the voluntary termination of pregnancy.

(3) The children and youth advocacy committee of the corporation
for change shall advise the board of directors in detail on the expenditures
of moneys in the family and children trust account. Expenditures from
the family and children trust account shall be subject to the approval of
the advisory committee on children and families established pursuant to
section 34, and amendments thereto. All expenditures from the account
shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the secretary of social and rehabilitation services or a person desig-
nated by the secretary.

(d) (1) There is hereby created the permanent families account in
the family and children investment fund. The judicial administrator of
the courts shall administer this account.

(2) Moneys credited to the permanent families account shall be used
for the following purposes: (A) Not more than 12% of the amount cred-
ited to the account during the fiscal year may be used to provide technical
assistance to district courts or local groups wanting to establish a local
citizen review board or a court-appointed special advocate program, in-
cluding but not limited to such staff as necessary to provide such assis-
tance, and to provide services necessary for the administration of such

Ch. 156             1997 Session Laws of Kansas             1047

board or program, including but not limited to grants administration,
accounting, data collection, report writing and training of local citizen
review board staff; (B) grants to court-appointed special advocate pro-
grams, upon application approved by the administrative judge of the ju-
dicial district where the program is located; and (C) grants to district
courts, upon application of the administrative judge of the judicial district,
for expenses of establishment, operation and evaluation of local citizen
review boards in the judicial district, including costs of: (i) Employing
local citizen review board coordinators and clerical staff; (ii) telephone,
photocopying and office equipment and supplies for which there are
shown to be no local funds available; (iii) mileage of staff and board mem-
bers; and (iv) training staff and board members.

(3) In addition to the other duties and powers provided by law, in
administering the permanent families account, the judicial administrator
shall:

(A) Accept and receive grants, loans, gifts or donations from any pub-
lic or private entity in support of programs administered by the judicial
administrator and assist in the development of supplemental funding
sources for local and state programs;

(B) consider applications for and make such grants from the perma-
nent families account as authorized by law; and

(C) receive reports from local citizen review boards established pur-
suant to K.S.A. 38-1812, and amendments thereto, regarding the status
of children under the supervision of the district courts and regarding
systemic barriers to permanence for children, assure that appropriate
data is maintained regularly and compiled at least once a year by such
boards on all cases reviewed and assure that the effectiveness of such
boards is evaluated on an ongoing basis, using, where possible, random
selection of local citizen review boards and cases for the evaluation and
including client outcome data to determine effectiveness.

(4) All expenditures from the account shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the judicial administra-
tor or a person designated by the judicial administrator.

(e) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the family and
children investment fund interest earnings based on:

(1) The average daily balance of moneys in the family and children
investment fund for the preceding month; and

(2) the net earnings rate of the pooled money investment portfolio
for the preceding month.

Sec. 82. On and after July 1, 1997, K.S.A. 1996 Supp. 40-1909 is
hereby amended to read as follows: 40-1909. (a) Such corporations shall
be subject to the provisions of the Kansas general corporation code, ar-

1048             1997 Session Laws of Kansas             Ch. 156

ticles 60 to 74, inclusive, of chapter 17 of the Kansas Statutes Annotated,
applicable to nonprofit corporations, to the provisions of K.S.A. 40-214,
40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-226,
40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249,
40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103,
40-2,104, 40-2,105, 40-2,114, 40-2,116, 40-2,117, 40-2a01 to 40-2a19, in-
clusive, 40-2216 to 40-2221, inclusive, 40-2229, 40-2230, 40-2250, 40-
2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, 40-3301 to 40-
3313, inclusive, and amendments thereto, and to the provisions of K.S.A.
1996 Supp. 40-2,153 and, 40-2,154, and amendments thereto, and K.S.A.
1996 Supp. 40-2,160 and 40-2,161, and amendments thereto, except as
the context otherwise requires, and shall not be subject to any other pro-
visions of the insurance code except as expressly provided in this act.

(b) No policy, agreement, contract or certificate issued by a corpo-
ration to which this section applies shall contain a provision which ex-
cludes, limits or otherwise restricts coverage because medicaid benefits
as permitted by title XIX of the social security act of 1965 are or may be
available for the same accident or illness.

(c) Violation of subsection (b) shall be subject to the penalties pre-
scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.

Sec. 83. On and after July 1, 1997, K.S.A. 1996 Supp. 40-19c09 is
hereby amended to read as follows: 40-19c09. (a) Corporations organized
under the nonprofit medical and hospital service corporation act shall be
subject to the provisions of the Kansas general corporation code, articles
60 to 74, inclusive, of chapter 17 of the Kansas Statutes Annotated, ap-
plicable to nonprofit corporations, to the provisions of K.S.A. 40-214, 40-
215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-
229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249,
40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103,
40-2,104, 40-2,105, 40-2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-
2116, inclusive, 40-2215 to 40-2220, inclusive, 40-2221a, 40-2221b, 40-
2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254, 40-2401 to 40-2421,
inclusive, and 40-3301 to 40-3313, inclusive, and amendments thereto,
and to the provisions of K.S.A. 1996 Supp. 40-2,153 and, 40-2,154, and
amendments thereto, and K.S.A. 1996 Supp. 40-2,160 and 40-2,161, and
amendments thereto, except as the context otherwise requires, and shall
not be subject to any other provisions of the insurance code except as
expressly provided in this act.

(b) No policy, agreement, contract or certificate issued by a corpo-
ration to which this section applies shall contain a provision which ex-
cludes, limits or otherwise restricts coverage because medicaid benefits
as permitted by title XIX of the social security act of 1965 are or may be
available for the same accident or illness.

Ch. 156             1997 Session Laws of Kansas             1049

(c) Violation of subsection (b) shall be subject to the penalties pre-
scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.

Sec. 84. On and after July 1, 1997, K.S.A. 72-978, as amended by
section 120 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 72-978. (a) (1) In each school year, in accor-
dance with appropriations for special education services provided under
this act, each school district which has provided special education services
in compliance with the requirements of the state plan and the provisions
of this act shall be entitled to receive:

(A) Reimbursement for actual travel allowances paid to special teach-
ers at not to exceed the rate specified under K.S.A. 75-3203, and amend-
ments thereto, for each mile actually traveled during the school year in
connection with duties in providing special education services for excep-
tional children; such reimbursement shall be computed by the state board
by ascertaining the actual travel allowances paid to special teachers by
the school district for the school year and shall be in an amount equal to
80% of such actual travel allowances;

(B) reimbursement in an amount equal to 80% of the actual travel
expenses incurred for providing transportation for exceptional children to
special education services; such reimbursement shall not be paid if such
child has been counted in determining the transportation weighting of
the district under the provisions of the school district finance and quality
performance act;

(C) reimbursement in an amount equal to 80% of the actual expenses
incurred for the maintenance of an exceptional child at some place other
than the residence of such child for the purpose of providing special
education services; such reimbursement shall not exceed $600 per excep-
tional child per school year; and

(D) after subtracting the amounts of reimbursement under (A), (B)
and (C) from the total amount appropriated for special education services
under this act, an amount which bears the same proportion to the re-
maining amount appropriated as the number of full-time equivalent spe-
cial teachers employed by the school district for approved special edu-
cation services bears to the total number of full-time equivalent special
teachers employed by all school districts for approved special education
services.

(2) Each special teacher who is a paraprofessional shall be counted
as 2/5 full-time equivalent special teacher.

(b) (1) No special teacher in excess of the number of special teachers
necessary to comply with the ratio of special teacher to exceptional chil-
dren prescribed by the state board for the school district shall be counted
in making computations under this section.

(2) No time spent by a special teacher in connection with duties per-
formed under a contract entered into by the Atchison juvenile correc-

1050             1997 Session Laws of Kansas             Ch. 156

tional facility at Atchison, the Beloit juvenile correctional facility at Beloit,
the Larned juvenile correctional facility or the Topeka juvenile correc-
tional facility at Topeka and a school district for the provision of special
education services by such state institution shall be counted in making
computations under this section.

Sec. 85. On and after July 1, 1997, K.S.A. 1996 Supp. 72-89a02 is
hereby amended to read as follows: 72-89a02. (a) Notwithstanding the
provisions of subsection (a) of K.S.A. 72-8902, and amendments thereto,
and subject to the other provisions of this section, each board of education
in this state shall adopt a written policy requiring the expulsion from
school for a period of not less than one year any pupil determined to be
in possession of a weapon at school, on school property, or at a school
supervised activity. The policy shall be filed with the state board of ed-
ucation in such manner as the state board shall require and at a time to
be determined and specified by the state board.

(b) To the extent that the provisions contained in article 89 of chapter
72 of Kansas Statutes Annotated do not conflict with the requirements
of this act, such provisions shall apply to and be incorporated in the policy
required to be adopted under subsection (a).

(c) If a pupil required to be expelled pursuant to a policy adopted
under subsection (a) is confined in the custody of the secretary of social
and rehabilitation services, the commissioner of juvenile justice or the
secretary of corrections as a result of the violation upon which the ex-
pulsion is to be based, the hearing required under the provisions of article
89 of chapter 72 of Kansas Statutes Annotated shall be delayed until the
pupil is released from custody.

(d) A hearing afforded a pupil required to be expelled pursuant to a
policy adopted under subsection (a) shall be conducted by the chief ad-
ministrative officer or other certificated employee of the school in which
the pupil is enrolled, by any committee of certificated employees of the
school in which the pupil is enrolled, or by a hearing officer appointed
by the board of education of the school in which the pupil is enrolled.

(e) The chief administrative officer of the school in which a pupil
required to be expelled pursuant to a policy adopted under subsection
(a) is enrolled may modify the expulsion requirement in a manner which
is consistent with the requirements of federal law. Nothing in this sub-
section shall be applied or construed in any manner so as to require the
chief administrative officer of a school to modify the expulsion require-
ment of a policy adopted by a board of education pursuant to the provi-
sions of subsection (a).

(f) The policy adopted by a board of education under subsection (a)
shall contain a procedure for the referral of any pupil determined to be
in possession of a weapon at school, on school property, or at a school
supervised activity to the appropriate state and local law enforcement

Ch. 156             1997 Session Laws of Kansas             1051

agencies and, if the pupil is a juvenile, to the secretary of social and
rehabilitation services or the commissioner of juvenile justice.

(g) Each board of education shall prepare an annual report on a form
prescribed and furnished by the state board of education that contains a
description of the circumstances surrounding any expulsions imposed on
pupils pursuant to a policy adopted under subsection (a), including the
name of the school or schools concerned, the number of pupils expelled,
and the type of weapons concerned. The report shall be submitted to the
state board of education in such manner as the state board shall require
and at a time to be determined and specified by the state board.

(h) The provisions of this section do not apply to the possession by
pupils of weapons at school, on school property, or at a school supervised
activity if the possession of weapons by pupils is connected with a weapons
safety course of instruction or a weapons education course approved and
authorized by the school or if the possession of weapons by pupils is
specifically authorized in writing by the chief administrative officer of the
school.

Sec. 86. On and after July 1, 1997, K.S.A. 1996 Supp. 74-8810 is
hereby amended to read as follows: 74-8810. (a) It is a class A nonperson
misdemeanor for any person to have a financial interest, directly or in-
directly, in any racetrack facility within the state of Kansas or in any host
facility for a simulcast race displayed in this state:

(1) While such person is a member of the commission or during the
five years immediately following such person's term as member of the
commission; or

(2) while such person is an officer, director or member of an organ-
ization licensee, other than a fair association or horsemen's nonprofit or-
ganization, or during the five years immediately following the time such
person is an officer, director or member of such an organization licensee.

(b) It is a class A nonperson misdemeanor for any member, employee
or appointee of the commission, including stewards and racing judges, to
knowingly:

(1) Participate in the operation of or have a financial interest in any
business which has been issued a concessionaire license, racing or wa-
gering equipment or services license, facility owner license or facility
manager license, or any business which sells goods or services to an or-
ganization licensee;

(2) participate directly or indirectly as an owner, owner-trainer or
trainer of a horse or greyhound, or as a jockey of a horse, entered in a
race meeting conducted in this state;

(3) place a wager on an entry in a horse or greyhound race conducted
by an organization licensee; or

(4) accept any compensation, gift, loan, entertainment, favor or serv-
ice from any licensee, except such suitable facilities and services within a

1052             1997 Session Laws of Kansas             Ch. 156

racetrack facility operated by an organization licensee as may be required
to facilitate the performance of the member's, employee's or appointee's
official duties.

(c) It is a class A nonperson misdemeanor for any member, employee
or appointee of the commission, or any spouse, parent, grandparent,
brother, sister, child, son-in-law, daughter-in-law, grandchild, uncle, aunt,
parent-in-law, brother-in-law or sister-in-law thereof, to:

(1) Hold any license issued by the commission, except that a steward
or racing judge shall hold an occupation license to be such a steward or
judge; or

(2) enter into any business dealing, venture or contract with an owner
or lessee of a racetrack facility in Kansas.

(d) It is a class A nonperson misdemeanor for any officer, director or
member of an organization licensee, other than a fair association or horse-
men's nonprofit organization, to:

(1) Receive, for duties performed as an officer or director of such
licensee, any compensation or reimbursement or payment of expenses in
excess of the amounts provided by K.S.A. 75-3223 and amendments
thereto for board members' compensation, mileage and expenses; or

(2) enter into any business dealing, venture or contract with the or-
ganization licensee or, other than in the capacity of an officer or director
of the organization licensee, with a facility owner licensee, facility man-
ager licensee, racing or wagering equipment or services license or con-
cessionaire licensee, or with any host facility for a simulcast race displayed
in this state.

(e) It is a class A nonperson misdemeanor for any facility owner li-
censee or facility manager licensee, other than a horsemen's association,
or any officer, director, employee, stockholder or shareholder thereof or
any person having an ownership interest therein, to participate directly
or indirectly as an owner, owner-trainer or trainer of a horse or grey-
hound, or as a jockey of a horse, entered in a live race conducted in this
state.

(f) It is a class A nonperson misdemeanor for any licensee of the
commission, or any person who is an officer, director, member or em-
ployee of a licensee, to place a wager at a racetrack facility located in
Kansas on an entry in a horse or greyhound race if:

(1) The commission has by rules and regulations designated such per-
son's position as a position which could influence the outcome of such
race or the parimutuel wagering thereon; and

(2) such race is conducted at or simulcast to the racetrack facility
where the licensee is authorized to engage in licensed activities.

(g) It is a class B nonperson misdemeanor for any person to use any
animal or fowl in the training or racing of racing greyhounds.

(h) It is a class A nonperson misdemeanor for any person to:

(1) Sell a parimutuel ticket or an interest in such a ticket to a person

Ch. 156             1997 Session Laws of Kansas             1053

knowing such person to be under 18 years of age, upon conviction of the
first offense;

(2) accept, transmit or deliver, from a person outside a racetrack fa-
cility, anything of value to be wagered in any parimutuel system of wa-
gering within a racetrack facility, upon conviction of the first offense;

(3) administer or conspire to administer any drug or medication to a
horse or greyhound within the confines of a racetrack facility in violation
of rules and regulations of the commission, upon conviction of the first
offense;

(4) possess or conspire to possess, within the confines of a racetrack
facility, any drug or medication for administration to a horse or greyhound
in violation of rules and regulations of the commission, upon conviction
of the first offense;

(5) possess or conspire to possess, within the confines of a racetrack
facility, equipment for administering drugs or medications to horses or
greyhounds in violation of rules and regulations of the commission, upon
conviction of the first offense;

(6) enter any horse or greyhound in any race knowing such horse or
greyhound to be ineligible to compete in such race pursuant to K.S.A.
74-8812 and amendments thereto; or

(7) prepare or cause to be prepared an application for registration of
a horse pursuant to K.S.A. 74-8830 and amendments thereto knowing
that such application contains false information.

(i) It is a severity level 8, nonperson felony for any person to:

(1) Sell a parimutuel ticket or an interest in such a ticket to a person
knowing such person to be under 18 years of age, upon conviction of the
second or a subsequent offense;

(2) accept, transmit or deliver, from any person outside a racetrack
facility, anything of value to be wagered in any parimutuel system of
wagering within a racetrack facility, upon the second or a subsequent
conviction;

(3) conduct or assist in the conduct of a horse or greyhound race, or
the display of a simulcast race, where the parimutuel system of wagering
is used or is intended to be used and where no license has been issued
to an organization to conduct or simulcast such race;

(4) enter any horse or greyhound in any race conducted by an organ-
ization licensee knowing that the class or grade in which such horse or
greyhound is entered is not the true class or grade or knowing that the
name under which such horse or greyhound is entered is not the name
under which such horse or greyhound has been registered and has pub-
licly performed;

(5) use or conspire to use any device, other than an ordinary whip for
horses or a mechanical lure for greyhounds, for the purpose of affecting
the speed of any horse or greyhound at any time during a race conducted
by an organization licensee;

1054             1997 Session Laws of Kansas             Ch. 156

(6) possess or conspire to possess, within the confines of a racetrack
facility, any device, other than an ordinary whip for horses or a mechanical
lure for greyhounds, designed or intended to affect the speed of a horse
or greyhound;

(7) administer or conspire to administer any drug or medication to a
horse or greyhound within the confines of a racetrack facility in violation
of rules and regulations of the commission, upon conviction of the second
or a subsequent offense;

(8) possess or conspire to possess, within the confines of a racetrack
facility, any drug or medication for administration to a horse or greyhound
in violation of rules and regulations of the commission, upon conviction
of the second or a subsequent offense;

(9) possess or conspire to possess, within the confines of a racetrack
facility, equipment for administering drugs or medications to horses or
greyhounds in violation of rules and regulations of the commission, upon
conviction of the second or a subsequent offense;

(10) sponge the nostrils or windpipe of a horse for the purpose of
stimulating or depressing such horse or affecting its speed at any time
during a race meeting conducted by an organization licensee;

(11) alter or attempt to alter the natural outcome of any race con-
ducted by, or any simulcast race displayed by, an organization licensee or
transmit or receive an altered race or delayed broadcast race if parimutuel
wagering is conducted or solicited after off time of the race;

(12) influence or attempt to influence, by the payment or promise of
payment of money or other valuable consideration, any person to alter
the natural outcome of any race conducted by, or any simulcast race
displayed by, an organization licensee;

(13) influence or attempt to influence any member, employee or ap-
pointee of the commission, by the payment or promise of payment of
money or other valuable consideration, in the performance of any official
duty of that member, employee or appointee;

(14) fail to report to the commission or to one of its employees or
appointees knowledge of any violation of this act by another person for
the purpose of stimulating or depressing any horse or greyhound, or af-
fecting its speed, at any time during any race conducted by an organiza-
tion licensee;

(15) commit any of the following acts with respect to the prior racing
record, pedigree, identity or ownership of a registered horse or greyhound
in any matter related to the breeding, buying, selling or racing of the
animal: (A) Falsify, conceal or cover up, by any trick, scheme or device,
a material fact; (B) make any false, fictitious or fraudulent statement or
representation; or (C) make or use any false writing or document knowing
that it contains any false, fictitious or fraudulent statement or entry; or

(16) pass or attempt to pass, cash or attempt to cash any altered or
forged parimutuel ticket knowing it to have been altered or forged.

Ch. 156             1997 Session Laws of Kansas             1055

(j) No person less than 18 years of age shall purchase a parimutuel
ticket or an interest in such a ticket. Any person violating this subsection
shall be subject to adjudication as a juvenile offender pursuant to the
Kansas juvenile offenders justice code.

Sec. 87. On and after July 1, 1997, K.S.A. 1995 Supp. 74-9501, as
amended by section 127 of chapter 229 of the 1996 Session Laws of
Kansas, is hereby amended to read as follows: 74-9501. (a) There is
hereby established the Kansas criminal justice coordinating council.

(b) The council shall consist of the governor or designee, the chief
justice of the supreme court or designee, the attorney general or designee,
the secretary of corrections, the secretary of social and rehabilitation serv-
ices, the commissioner of juvenile justice and the director of the Kansas
bureau of investigation.

(c) The director and all existing employees of the Kansas sentencing
commission shall serve as staff to the Kansas criminal justice coordinating
council, while continuing to serve at the will of the Kansas sentencing
commission pursuant to K.S.A. 74-9103 and amendments thereto in the
performance of its duties as outlined in K.S.A. 74-9101, 74-9106 and
21-4725 and amendments thereto. The director shall attend all meetings
of the council, be responsible for keeping a record of council meetings,
prepare reports of the council and perform such other duties as directed
by the council.

(d) The council shall elect a chairperson and vice-chairperson from
among the members of the council.

(e) The council shall:

(1) Define and analyze issues and processes in the criminal justice
system, identify alternative solutions and make recommendations for im-
provements;

(2) perform such criminal justice studies or tasks as requested by the
governor, the legislature or the chief justice, as deemed appropriate or
feasible by the council;

(3) oversee development and management of a criminal justice da-
tabase including assuming the designation and functions of the state sta-
tistical analysis center currently assigned to the Kansas bureau of inves-
tigation pursuant to K.S.A. 75-712a and amendments thereto. All criminal
justice agencies as defined in subsection (c) of K.S.A. 22-4701 and amend-
ments thereto and the department of social and rehabilitation services
shall provide any data or information, including juvenile offender infor-
mation which is requested by the council, in a form and manner estab-
lished by the council, in order to facilitate the development and manage-
ment of the criminal justice council database; and

(4) develop and oversee reporting of all criminal justice federal fund-
ing available to the state or local units of government including assuming
the designation and functions of administering the United States bureau

1056             1997 Session Laws of Kansas             Ch. 156

of justice assistance grants currently administered through the law en-
forcement antidrug abuse program of the department of administration.
On the effective date of this act any bureau of justice assistance antidrug
abuse federal fund balances in any account and all unclassified positions
authorized for the law enforcement antidrug abuse program of the de-
partment of administration shall be transferred to and budgeted with the
Kansas sentencing commission.

(f) The council shall appoint a standing local government advisory
group to consult and advise the council concerning local government
criminal justice issues and the impact of state criminal justice policy and
decisions on local units of government. The advisory group shall consist
of a sheriff, chief of police, county or district attorney, city governing body
and a county commissioner. Appointees to such advisory group shall serve
without compensation or reimbursement for travel and subsistence or any
other expenses.

(g) The council shall form a task force to study and develop policies
and recommendations regarding the juvenile justice system, including
issues of jurisdiction, placement, intake and assessment processes, dis-
positional alternatives, financing strategies, availability of mental health
services and work processes and case loads of social workers and court
services officers, the implications of a youth authority and any other issues
affecting children in need of care as defined in K.S.A. 38-1501 et seq.
and juvenile offenders as defined in K.S.A. 38-1601 et seq. and amend-
ments thereto. The task force shall consist of the following members:
Executive director of the corporation for change or designee, chair of the
advisory committee on juvenile offender programs or designee, commis-
sioner of youth services of the department of social and rehabilitation
services or designee; additional members to be selected by the council
shall include a director of a community corrections program, a juvenile
judge, a prosecuting attorney, an attorney who represents juveniles, a
deputy secretary of corrections, a court services officer, and a sheriff or
chief of police. The corporation for change and the division of youth
services of the state department of social and rehabilitation services shall
each assign one full-time equivalent staff member to the council or, in
the case of the corporation for change, the equivalent of such by more
than one staff member or other, for a period of one year, which staff shall
be approved by the council and perform duties as assigned by and func-
tion under the direction of the executive director of the staff of the coun-
cil, while continuing to be compensated by the agency by which em-
ployed. The task force shall submit a preliminary report to the council,
and the council shall report to the chairperson of the senate and house
committee on judiciary during the interim session of the 1995 legislature.
A final report shall be submitted to the legislature on or before February
1, 1995. The task force shall cease to exist on June 30, 1995.

Ch. 156             1997 Session Laws of Kansas             1057

(h) (g) The council shall form a task force to study the consolidation
of probation, parole and community corrections services.

(i) (h) When analyzing criminal justice issues and performing criminal
justice studies, the council shall form such task groups as necessary and
shall appoint individuals who appropriately represent law enforcement,
the judiciary, legal profession, state, local, or federal government, the
public, or other professions or groups as determined by the council, to
represent the various aspects of the issue being analyzed or studied.
Members of the legislature may be appointed ex officio members to such
task groups. A member of the council shall serve as the chairperson of
each task group appointed by the council. The council may appoint other
members of the council to any task group formed by the council.

(j) (i) The council shall review reports submitted by each task group
named by the council and shall submit the report with the council's rec-
ommendations pertaining thereto to the governor, chief justice of the
supreme court, the chief clerk of the house of representatives and the
secretary of the senate.

Sec. 88. On and after July 1, 1997, K.S.A. 1996 Supp. 75-2935 is
hereby amended to read as follows: 75-2935. The civil service of the state
of Kansas is hereby divided into the unclassified and the classified serv-
ices.

(1) The unclassified service comprises positions held by state officers
or employees who are:

(a) Chosen by election or appointment to fill an elective office;

(b) members of boards and commissions, heads of departments re-
quired by law to be appointed by the governor or by other elective offi-
cers, and the executive or administrative heads of offices, departments,
divisions and institutions specifically established by law;

(c) except as otherwise provided under this section, one personal sec-
retary to each elective officer of this state, and in addition thereto, 10
deputies, clerks or employees designated by such elective officer;

(d) all employees in the office of the governor;

(e) officers and employees of the senate and house of representatives
of the legislature and of the legislative coordinating council and all officers
and employees of the office of revisor of statutes, of the legislative re-
search department, of the division of legislative administrative services,
of the division of post audit and the legislative counsel;

(f) chancellor, president, deans, administrative officers, student
health service physicians, pharmacists, teaching and research personnel,
health care employees and student employees in the institutions under
the state board of regents, the executive officer of the board of regents
and the executive officer's employees other than clerical employees, and,
at the discretion of the state board of regents, directors or administrative
officers of departments and divisions of the institution and county exten-

1058             1997 Session Laws of Kansas             Ch. 156

sion agents, except that this subsection (1)(f) shall not be construed to
include the custodial, clerical or maintenance employees, or any employ-
ees performing duties in connection with the business operations of any
such institution, except administrative officers and directors; as used in
this subsection (1)(f), ``health care employees'' means employees of the
university of Kansas medical center who provide health care services at
the university of Kansas medical center and who are medical technicians
or technologists or respiratory therapists, who are licensed professional
nurses or licensed practical nurses, or who are in job classes which are
designated for this purpose by the chancellor of the university of Kansas
upon a finding by the chancellor that such designation is required for the
university of Kansas medical center to recruit or retain personnel for
positions in the designated job classes; and employees of any institution
under the state board of regents who are medical technologists;

(g) operations, maintenance and security personnel employed to im-
plement agreements entered into by the adjutant general and the federal
national guard bureau, and officers and enlisted persons in the national
guard and the naval militia;

(h) persons engaged in public work for the state but employed by
contractors when the performance of such contract is authorized by the
legislature or other competent authority;

(i) persons temporarily employed or designated by the legislature or
by a legislative committee or commission or other competent authority
to make or conduct a special inquiry, investigation, examination or in-
stallation;

(j) officers and employees in the office of the attorney general and
special counsel to state departments appointed by the attorney general,
except that officers and employees of the division of the Kansas bureau
of investigation shall be in the classified or unclassified service as provided
in K.S.A. 75-711 and amendments thereto;

(k) all employees of courts;

(l) client, patient and inmate help in any state facility or institution;

(m) all attorneys for boards, commissions and departments;

(n) the secretary and assistant secretary of the Kansas state historical
society;

(o) physician specialists, dentists, dental hygienists, pharmacists,
medical technologists and long term care workers employed by the de-
partment of social and rehabilitation services;

(p) physician specialists, dentists and medical technologists employed
by any board, commission or department or by any institution under the
jurisdiction thereof;

(q) student employees enrolled in public institutions of higher learn-
ing;

(r) administrative officers, directors and teaching personnel of the
state board of education and the state department of education and of

Ch. 156             1997 Session Laws of Kansas             1059

any institution under the supervision and control of the state board of
education, except that this subsection (1)(r) shall not be construed to
include the custodial, clerical or maintenance employees, or any employ-
ees performing duties in connection with the business operations of any
such institution, except administrative officers and directors;

(s) all officers and employees in the office of the secretary of state;

(t) one personal secretary and one special assistant to the following:
The secretary of administration, the secretary of aging, the secretary of
agriculture, the secretary of commerce and housing, the secretary of cor-
rections, the secretary of health and environment, the superintendent of
the Kansas highway patrol, the secretary of human resources, the secre-
tary of revenue, the secretary of social and rehabilitation services, the
secretary of transportation and the secretary of wildlife and parks;

(u) one personal secretary and one special assistant to the chancellor
and presidents of institutions under the state board of regents;

(v) one personal secretary and one special assistant to the executive
vice chancellor of the university of Kansas medical center;

(w) one public information officer and one chief attorney for the fol-
lowing: The department of administration, the department on aging, the
department of agriculture, the department of commerce and housing, the
department of corrections, the department of health and environment,
the department of human resources, the department of revenue, the de-
partment of social and rehabilitation services, the department of trans-
portation and the Kansas department of wildlife and parks;

(x) civil service examination monitors;

(y) one executive director, one general counsel and one director of
public affairs and consumer protection in the office of the state corpo-
ration commission;

(z) specifically designated by law as being in the unclassified service;
and

(aa) all officers and employees of Kansas, Inc., and the Kansas tech-
nology enterprise corporation and the corporation for change.

(2) The classified service comprises all positions now existing or here-
after created which are not included in the unclassified service. Appoint-
ments in the classified service shall be made according to merit and fitness
from eligible pools which so far as practicable shall be competitive. No
person shall be appointed, promoted, reduced or discharged as an officer,
clerk, employee or laborer in the classified service in any manner or by
any means other than those prescribed in the Kansas civil service act and
the rules adopted in accordance therewith.

(3) For positions involving unskilled, or semiskilled duties, the sec-
retary of administration, as provided by law, shall establish rules and reg-
ulations concerning certifications, appointments, layoffs and reemploy-
ment which may be different from the rules and regulations established
concerning these processes for other positions in the classified service.

1060             1997 Session Laws of Kansas             Ch. 156

(4) Officers authorized by law to make appointments to positions in
the unclassified service, and appointing officers of departments or insti-
tutions whose employees are exempt from the provisions of the Kansas
civil service act because of the constitutional status of such departments
or institutions shall be permitted to make appointments from appropriate
pools of eligibles maintained by the division of personnel services.

Sec. 89. On and after July 1, 1997, K.S.A. 1996 Supp. 75-2935b is
hereby amended to read as follows: 75-2935b. Salaries and other com-
pensation of all persons who are within the unclassified service of the
Kansas civil service act, and which salaries and other compensation are
not fixed by statute, shall be subject to the approval of the governor and
such salaries or other compensation shall not be paid until approved by
the governor. The provisions of this section shall not apply to the salaries
and other compensation of any officer or employee when such salary or
other compensation is specifically prescribed by law, nor to officers and
employees of elected state officials, officers and employees under the
jurisdiction of the state board of regents, the executive secretary and other
employees of the Kansas public employees retirement system that are in
the unclassified service as specified under K.S.A. 74-4908 and amend-
ments thereto, officers and employees of Kansas, Inc., and the Kansas
technology enterprise corporation and the Kansas corporation for change,
officers and employees under the jurisdiction of the supreme court, leg-
islative officers and employees or officers and employees of any agency
performing functions and duties primarily for the legislative branch.

Sec. 90. On and after July 1, 1997, K.S.A. 75-5291 is hereby
amended to read as follows: 75-5291. The secretary of corrections may
make grants to counties for the development, implementation, operation
and improvement of community correctional services including, but not
limited to, restitution programs, victim services programs, preventive or
diversionary correctional programs, community corrections centers and
facilities for the detention or confinement, care or treatment of adults
charged with or convicted of crime or of juveniles being detained or
adjudged to be delinquent, miscreant or a juvenile offender except that
no community corrections funds shall be expended by the secretary for
the purpose of establishing or operating a conservation camp as provided
by K.S.A. 75-52,127, and amendments thereto.

Sec. 91. On and after July 1, 1997, K.S.A. 1996 Supp. 75-6102 is
hereby amended to read as follows: 75-6102. As used in K.S.A. 75-6101
through 75-6118, and amendments thereto, unless the context clearly
requires otherwise:

(a) ``State'' means the state of Kansas and any department or branch
of state government, or any agency, authority, institution or other instru-
mentality thereof.

(b) ``Municipality'' means any county, township, city, school district

Ch. 156             1997 Session Laws of Kansas             1061

or other political or taxing subdivision of the state, or any agency, au-
thority, institution or other instrumentality thereof.

(c) ``Governmental entity'' means state or municipality.

(d) ``Employee'' means any officer, employee, servant or member of
a board, commission, committee, division, department, branch or council
of a governmental entity, including elected or appointed officials and
persons acting on behalf or in service of a governmental entity in any
official capacity, whether with or without compensation and a charitable
health care provider. Employee includes any steward or racing judge ap-
pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless
of whether the services of such steward or racing judge are rendered
pursuant to contract as an independent contractor, but does not otherwise
include any independent contractor under contract with a governmental
entity except (1) employees of the United States marshal's service en-
gaged in the transportation of inmates on behalf of the secretary of cor-
rections and, (2) a person who is an employee of a nonprofit independent
contractor, other than a municipality, under contract to provide educa-
tional or vocational training to inmates in the custody of the secretary of
corrections and who is engaged in providing such service in an institution
under the control of the secretary of corrections provided that such em-
ployee does not otherwise have coverage for such acts and omissions
within the scope of their employment through a liability insurance con-
tract of such independent contractor; and (3) a person who is an employee
of a nonprofit program, other than a municipality, who has contracted
with the commissioner of juvenile justice or with another nonprofit pro-
gram that has contracted with the commissioner of juvenile justice to
provide a juvenile justice program for juvenile offenders in a judicial dis-
trict provided that such employee does not otherwise have coverage for
such acts and omissions within the scope of their employment through a
liability insurance contract of such nonprofit program. ``Employee'' also
includes an employee of an indigent health care clinic. ``Employee'' also
includes former employees for acts and omissions within the scope of
their employment during their former employment with the govern-
mental entity.

(e) ``Community service work'' means public or community service
performed by a person (1) as a result of a contract of diversion entered
into by such person as authorized by law, (2) pursuant to the assignment
of such person by a court to a community corrections program, (3) as a
result of suspension of sentence or as a condition of probation pursuant
to court order, (4) in lieu of a fine imposed by court order or (5) as a
condition of placement ordered by a court pursuant to K.S.A. 38-1663,
and amendments thereto.

(f) ``Charitable health care provider'' means a person licensed by the
state board of healing arts as an exempt licensee or a federally active
licensee, a person issued a limited permit by the state board of healing

1062             1997 Session Laws of Kansas             Ch. 156

arts, a physician's assistant registered by the state board of healing arts or
a health care provider as the term ``health care provider'' is defined under
K.S.A. 65-4921, and amendments thereto, who has entered into an agree-
ment with:

(1) The secretary of health and environment under K.S.A. 1996 Supp.
75-6120, and amendments thereto, who, pursuant to such agreement,
gratuitously renders professional services to a person who has provided
information which would reasonably lead the health care provider to
make the good faith assumption that such person meets the definition of
medically indigent person as defined by this section or to a person re-
ceiving medical assistance from the programs operated by the department
of social and rehabilitation services, and who is considered an employee
of the state of Kansas under K.S.A. 1996 Supp. 75-6120, and amendments
thereto; or

(2) the secretary of health and environment and who, pursuant to
such agreement, gratuitously renders professional services in conducting
children's immunization programs administered by the secretary; or

(3) a local health department or indigent health care clinic, which
renders professional services to medically indigent persons or persons
receiving medical assistance from the programs operated by the depart-
ment of social and rehabilitation services gratuitously or for a fee paid by
the local health department or indigent health care clinic to such provider
and who is considered an employee of the state of Kansas under K.S.A.
1996 Supp. 75-6120 and amendments thereto. Professional services ren-
dered by a provider under this paragraph (3) shall be considered gratui-
tous notwithstanding fees based on income eligibility guidelines charged
by a local health department or indigent health care clinic and notwith-
standing any fee paid by the local health department or indigent health
care clinic to a provider in accordance with this paragraph (3).

(g) ``Medically indigent person'' means a person who lacks resources
to pay for medically necessary health care services and who meets the
eligibility criteria for qualification as a medically indigent person estab-
lished by the secretary of health and environment under K.S.A. 1996
Supp. 75-6120, and amendments thereto.

(h) ``Indigent health care clinic'' means an outpatient medical care
clinic operated on a not-for-profit basis which has a contractual agreement
in effect with the secretary of health and environment to provide health
care services to medically indigent persons.

(i) ``Local health department'' shall have the meaning ascribed to such
term under K.S.A. 65-241 and amendments thereto.

Sec. 92. On and after July 1, 1997, K.S.A. 1996 Supp. 75-6104 is
hereby amended to read as follows: 75-6104. A governmental entity or
an employee acting within the scope of the employee's employment shall
not be liable for damages resulting from:

Ch. 156             1997 Session Laws of Kansas             1063

(a) Legislative functions, including, but not limited to, the adoption
or failure to adopt any statute, regulation, ordinance or resolution;

(b) judicial function;

(c) enforcement of or failure to enforce a law, whether valid or in-
valid, including, but not limited to, any statute, rule and regulation, or-
dinance or resolution;

(d) adoption or enforcement of, or failure to adopt or enforce, any
written personnel policy which protects persons' health or safety unless
a duty of care, independent of such policy, is owed to the specific indi-
vidual injured, except that the finder of fact may consider the failure to
comply with any written personnel policy in determining the question of
negligence;

(e) any claim based upon the exercise or performance or the failure
to exercise or perform a discretionary function or duty on the part of a
governmental entity or employee, whether or not the discretion is abused
and regardless of the level of discretion involved;

(f) the assessment or collection of taxes or special assessments;

(g) any claim by an employee of a governmental entity arising from
the tortious conduct of another employee of the same governmental en-
tity, if such claim is (1) compensable pursuant to the Kansas workers
compensation act or (2) not compensable pursuant to the Kansas workers
compensation act because the injured employee was a firemen's relief
association member who was exempt from such act pursuant to K.S.A.
44-505d, and amendments thereto, at the time the claim arose;

(h) the malfunction, destruction or unauthorized removal of any traf-
fic or road sign, signal or warning device unless it is not corrected by the
governmental entity responsible within a reasonable time after actual or
constructive notice of such malfunction, destruction or removal. Nothing
herein shall give rise to liability arising from the act or omission of any
governmental entity in placing or removing any of the above signs, signals
or warning devices when such placement or removal is the result of a
discretionary act of the governmental entity;

(i) any claim which is limited or barred by any other law or which is
for injuries or property damage against an officer, employee or agent
where the individual is immune from suit or damages;

(j) any claim based upon emergency management activities, except
that governmental entities shall be liable for claims to the extent provided
in article 9 of chapter 48 of the Kansas Statutes Annotated;

(k) the failure to make an inspection, or making an inadequate or
negligent inspection, of any property other than the property of the gov-
ernmental entity, to determine whether the property complies with or
violates any law or rule and regulation or contains a hazard to public
health or safety;

(l) snow or ice conditions or other temporary or natural conditions
on any public way or other public place due to weather conditions, unless

1064             1997 Session Laws of Kansas             Ch. 156

the condition is affirmatively caused by the negligent act of the govern-
mental entity;

(m) the plan or design for the construction of or an improvement to
public property, either in its original construction or any improvement
thereto, if the plan or design is approved in advance of the construction
or improvement by the governing body of the governmental entity or
some other body or employee exercising discretionary authority to give
such approval and if the plan or design was prepared in conformity with
the generally recognized and prevailing standards in existence at the time
such plan or design was prepared;

(n) failure to provide, or the method of providing, police or fire pro-
tection;

(o) any claim for injuries resulting from the use of any public property
intended or permitted to be used as a park, playground or open area for
recreational purposes, unless the governmental entity or an employee
thereof is guilty of gross and wanton negligence proximately causing such
injury;

(p) the natural condition of any unimproved public property of the
governmental entity;

(q) any claim for injuries resulting from the use or maintenance of a
public cemetery owned and operated by a municipality or an abandoned
cemetery, title to which has vested in a governmental entity pursuant to
K.S.A. 17-1366 through 17-1368, and amendments thereto, unless the
governmental entity or an employee thereof is guilty of gross and wanton
negligence proximately causing the injury;

(r) the existence, in any condition, of a minimum maintenance road,
after being properly so declared and signed as provided in K.S.A. 68-
5,102, and amendments thereto;

(s) any claim for damages arising from the performance of community
service work other than damages arising from the operation of a motor
vehicle as defined by K.S.A. 40-3103, and amendments thereto;

(t) any claim for damages arising from the operation of vending ma-
chines authorized pursuant to K.S.A. 68-432 or K.S.A. 1996 Supp. 75-
3343a, and amendments thereto; or

(u) providing, distributing or selling information from geographic in-
formation systems which includes an entire formula, pattern, compilation,
program, device, method, technique, process, digital database or system
which electronically records, stores, reproduces and manipulates by com-
puter geographic and factual information which has been developed in-
ternally or provided from other sources and compiled for use by a public
agency, either alone or in cooperation with other public or private entities;
or

(v) any claim arising from providing a juvenile justice program to
juvenile offenders, if such juvenile justice program has contracted with

Ch. 156             1997 Session Laws of Kansas             1065

the commissioner of juvenile justice or with another nonprofit program
that has contracted with the commissioner of juvenile justice.

A governmental entity shall not be liable for damages under subsection
(d) of K.S.A. 65-445 and amendments thereto or subsection (e) of K.S.A.
1996 Supp. 65-6804 and amendments thereto for any action of an em-
ployee or former employee who has violated the provisions of subsection
(d) of K.S.A. 65-445 and amendments thereto or subsection (e) of K.S.A.
1996 Supp. 65-6804 and amendments thereto.

The enumeration of exceptions to liability in this section shall not be
construed to be exclusive nor as legislative intent to waive immunity from
liability in the performance or failure to perform any other act or function
of a discretionary nature.

Sec. 93. On and after July 1, 1997, K.S.A. 1996 Supp. 75-6801 is
hereby amended to read as follows: 75-6801. (a) As used in this section:

(1) ``Executive secretary'' means the executive secretary of the Kansas
public employees retirement system.

(2) ``F.T.E. positions'' means the number of full time and regular part
time positions equated to full time, excluding seasonal and temporary
positions, paid from appropriations.

(3) ``Head of the governmental branch'' means the governor, in the
case of the executive branch; and the legislative coordinating council, in
the case of the legislative branch.

(4) ``Retiree'' means any person electing to retire pursuant to K.S.A.
74-4914, and amendments thereto, except that ``retiree'' shall not include
any person who is retiring from a position which provides direct care for
patients at Topeka state hospital, Osawatomie state hospital, Rainbow
mental health facility or Larned state hospital, Kansas neurological insti-
tute, Parsons state hospital and training center, Winfield state hospital
and training center and, university of Kansas medical center, Atchison
juvenile correctional facility, Beloit juvenile correctional facility, Larned
juvenile correctional facility and Topeka juvenile correctional facility.

(b) The executive secretary shall provide the head of the govern-
mental branch notice of the name, employing state agency and retirement
date of each retiree retiring after the effective date of this act and such
other information that may be prescribed by the head of the govern-
mental branch.

(c) (1) Upon receipt of each notice pursuant to subsection (b) re-
garding a retiree employed by a state agency in the executive branch, the
governor shall direct the secretary of administration to reduce by one the
number of F.T.E. positions authorized for the state agency that employed
the retiree and reduce the expenditure authority of such state agency in
an amount attributable to the amount of unused salary and employer-
paid benefits attributable to the retiree's job position.

(2) Upon receipt of each notice pursuant to subsection (c) regarding

1066             1997 Session Laws of Kansas             Ch. 156

a retiree employed by a state agency in the legislative branch, the legis-
lative coordinating council shall reduce by one the number of F.T.E.
positions for the state agency that employed the retiree and reduce the
expenditure authority of such state agency in an amount attributable to
the retiree's job position.

(d) (1) For reductions made in the executive branch of government,
the governor is authorized to restore or allocate, to any state agency or
agencies within the executive branch, no more than 3/4 of the F.T.E.
positions and expenditure authority reductions made pursuant to subsec-
tion (c)(1), except that, upon request of the governor, the reduced num-
ber of authorized F.T.E. positions and the reduced amount of expendi-
ture authority established under subsection (c)(1) for a state agency in
the executive branch of government may be increased upon approval by
the state finance council acting on this matter which is hereby character-
ized as a matter of legislative delegation and subject to the guidelines
prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.

(2) For reductions made in the legislative branch of government, the
legislative coordinating council is authorized to restore or allocate, to any
state agency or agencies within the legislative branch, no more than 3/4 of
the F.T.E. positions and expenditure authority reductions made pursuant
to subsection (c)(2), except that, upon request of the agency head, the
reduced number of authorized F.T.E. positions and the reduced amount
of expenditure authority established under subsection (c) for a state
agency in the legislative branch of government may be increased upon
approval by the legislative coordinating council.

(e) The secretary of administration is authorized to prescribe such
policies and procedures as may be deemed necessary to carry out the
provisions of this section.

Sec. 94. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7007 is
hereby amended to read as follows: 75-7007. (a) The Kansas youth au-
thority shall be the successor in every way to the powers, duties and
functions of the advisory commission on juvenile offender programs.

(b) For the purposes of federal juvenile justice and delinquency pre-
vention act of 1974, as amended, the Kansas youth authority shall act as
the supervisory board.

(c) The provisions of subsections (a) and (b) shall expire on June 30,
1997.

(d) On and after July 1, 1997, for the purposes of the federal juvenile
justice delinquency prevention act of 1974, as amended, the Kansas youth
authority, as an advisory authority to the commissioner of juvenile justice,
shall act as the supervisory board. (a) There is hereby established the
Kansas advisory group on juvenile justice and delinquency prevention,
for the purposes of the federal juvenile justice and delinquency prevention
act of 1974, as amended.

Ch. 156             1997 Session Laws of Kansas             1067

(b) The membership of the Kansas advisory group on juvenile justice
and delinquency prevention shall include the members of the Kansas
youth authority, as appointed pursuant to K.S.A. 75-7009, and amend-
ments thereto, and other members as appointed by the governor. The
governor shall appoint at least eight but not more than 26 additional
members to the advisory group. The additional members shall serve at
the pleasure of the governor.

(c) The chairperson and vice-chairperson of the advisory group shall
be appointed by the governor.

(d) Each member of the advisory group shall receive compensation,
subsistence allowances, mileage and other expenses as provided for in
K.S.A. 75-3223, and amendments thereto.

(e) The advisory group shall participate in the development and re-
view of the juvenile justice plan, review and comment on all juvenile justice
and delinquency prevention grant applications, and shall make recom-
mendations regarding the grant applications.

(f) All ex officio members of the Kansas youth authority shall also
serve as ex officio members to the advisory group.

(g) The advisory group shall receive reports from local citizen review
boards established pursuant to K.S.A. 38-1812, and amendments thereto,
regarding the status of juvenile offenders under the supervision of the
district courts.

Sec. 95. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7008 is
hereby amended to read as follows: 75-7008. (a) There is hereby estab-
lished the Kansas youth authority. The authority shall develop confine-
ment and alternate disposition policies for juvenile offenders. The au-
thority shall specifically look at confinement as well as diversion, fines,
restitution, community service, standard probation, intensive supervision,
house arrest programs, electronic monitoring, structured school, day re-
porting centers, community residential care, treatment centers and sanc-
tions house.

(b) The Kansas youth authority shall develop and submit its interim
report and statutory proposals to the legislature on or before November
1, 1995. A transitional plan shall be submitted on the commencement of
the 1997 legislative session. Such transitional plan shall include a plan for
the transfer of the powers, duties and functions of the department of
social and rehabilitation services and other state agencies concerning ju-
venile offenders to the juvenile justice authority and the commissioner of
juvenile justice; a plan for a juvenile offender placement matrix to pro-
mote uniformity throughout the system; a plan for aftercare services upon
release from a juvenile correctional facility including the development of
discharge plans which will coordinate the efficient delivery of services
including educational services; a plan in coordination with the department
of social and rehabilitation services to consolidate the functions of juvenile

1068             1997 Session Laws of Kansas             Ch. 156

offenders and children in need of care intake and assessment services to
provide a statewide plan for coordinating services on a 24-hour a day basis;
a plan to recommend how all juveniles in police custody will be processed
through the juvenile intake and assessment system; and a plan to facilitate
the transfer from a state-based juvenile justice system to a community-
based juvenile justice system. The plan for transition to a more commu-
nity-based juvenile justice system shall be based on judicial districts and
shall specifically address the governance, financial needs, compliance
requirements and accountability of the system. The Kansas youth au-
thority may contract with a consultant to provide assistance with such
transitional plans.

(c) On July 1, 1997, the Kansas youth authority shall become an ad-
visory authority to the commissioner of juvenile justice.

(d) The Kansas youth authority shall review programs and services
provided by community corrections programs pursuant to the community
corrections act. The Kansas youth authority shall review the local juvenile
intake and assessment programs. The Kansas youth authority may study
issues concerning children in need of care.

(e) The Kansas department of social and rehabilitation services, in
cooperation with the Kansas youth authority, shall coordinate all state
efforts to prevent alcohol and drug abuse by juveniles.

(f) The Kansas department of social and rehabilitation services, in
cooperation with the Kansas youth authority, shall develop a comprehen-
sive strategy for prevention and early intervention, including, but not
limited to, a program to assist each community in performing a compre-
hensive risk assessment.

(g) Annually, the Kansas youth authority shall recognize:

(1) No more than six individuals or organizations that have made sig-
nificant and positive contributions to Kansas youth; and

(2) one male and one female Kansas youth for significant and positive
contributions to the eradication of youth risk factors in such youth's com-
munity.

(h) The Kansas youth authority may appoint an advisory youth coun-
cil. Such council shall advise the authority on policy recommendations
and programs. Members of the youth council shall meet and have such
duties as determined by the Kansas youth authority.

(i) There is hereby created the Kansas endowment for youth fund in
the state treasury. All moneys credited to the Kansas endowment for
youth fund shall be used to fund prevention programs for youths trans-
ferred to the Kansas endowment for youth trust fund, established in K.S.A.
75-7021, and amendments thereto. The Kansas youth authority shall ac-
cept grants and donations, both public and private, to be credited to the
fund. All expenditures from the Kansas endowment for youth fund shall
be made in accordance with appropriation acts upon warrants of the di-
rector of accounts and reports issued pursuant to vouchers approved by

Ch. 156             1997 Session Laws of Kansas             1069

the chairperson of the Kansas youth authority or by a person or persons
designated by such chairperson. The Kansas youth authority may contract
with a consultant to determine the elements of a successful endowment
program. On the 10th of each month, the director of accounts and reports
shall transfer from the state general fund to the Kansas endowment for
youth fund, the amount of money certified by the pooled money invest-
ment board in accordance with this subsection. Prior to the 10th of each
month, the pooled money investment board shall certify to the director
of accounts and reports the amount of money equal to the proportionate
amount of all the interest credited to the state general fund for the pre-
ceding period of time specified under this subsection, pursuant to K.S.A.
75-4210a, and amendments thereto, that is attributable to money in the
Kansas endowment for youth fund. Such amount of money shall be de-
termined by the pooled money investment board based on:

(1) The average daily balance of moneys in the Kansas endowment
for youth fund during the period of time specified under this subsection
as certified to the board by the director of accounts and reports; and

(2) the average interest rate on repurchase agreements of less than
30 days' duration entered into by the pooled money investment board for
that period of time. On or before the fifth day of the month for the
preceding month, the director of accounts and reports shall certify to the
pooled money investment board the average daily balance of moneys in
the Kansas endowment for youth fund for the period of time specified
under this subsection.

Sec. 96. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7009 is
hereby amended to read as follows: 75-7009. (a) The Kansas youth au-
thority shall consist of seven members. The governor shall appoint one
member from each congressional district and three members from the
state at large. The governor shall appoint a chairperson.

(b) The authority shall meet upon call of its chairperson as is neces-
sary to carry out its duties under this act.

(c) Of the members of the board appointed in the year 1999, three
members shall have terms ending on the second Monday in January 2001
and four members shall have terms ending on the second Monday in
January 2003. Each member appointed in 1995 and subsequent to 1999
shall be appointed for a four-year term and shall continue in office until
a successor is appointed and qualified. Members shall be eligible for reap-
pointment.

(d) Each member of the authority shall receive compensation, sub-
sistence allowances, mileage and other expenses as provided for in K.S.A.
75-3223, and amendments thereto.

(e) The attorney general or the attorney general's designee, the chief
justice of the supreme court or the chief justice's designee and the com-
missioner of education or the commissioner's designee shall serve as ex

1070             1997 Session Laws of Kansas             Ch. 156

officio members of the authority. The governor may appoint other mem-
bers to serve as ex officio members. Such ex officio members appointed
by the governor shall serve at the pleasure of the governor. The Kansas
league of municipalities and the Kansas association of counties each may
appoint a member to serve as an ex officio member. All ex officio members
of the commission shall be nonvoting members.

Sec. 97. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7021 is
hereby amended to read as follows: 75-7021. (a) There is hereby created
in the state treasury the Kansas endowment for youth trust fund. Money
credited to the fund pursuant to K.S.A. 20-367 and amendments thereto
or by any other lawful means shall be used solely for the purpose of
making grants to further the purpose of juvenile justice reform, including
rational prevention programs and programs for treatment and rehabili-
tation of juveniles and to further the partnership between state and local
communities. Such treatment and rehabilitation programs should aim to
combine accountability and sanctions with increasingly intensive treat-
ment and rehabilitation services with an aim to provide greater public
safety and provide intervention that will be uniform and consistent.

(b) All expenditures from the Kansas endowment for youth trust fund
shall be made in accordance with appropriations acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the commissioner of juvenile justice or by a person or persons desig-
nated by the commissioner.

(c) The commissioner of juvenile justice may apply for, receive and
accept money from any source for the purposes for which money in the
Kansas endowment for youth trust fund may be expended. Upon receipt
of any such money, the commissioner shall remit the entire amount at
least monthly to the state treasurer, who shall deposit it in the state treas-
ury and credit it to the Kansas endowment for youth trust fund.

(d) Grants made to programs pursuant to this section shall be based
on the number of persons to be served and such other requirements as
may be established by the Kansas youth authority in guidelines estab-
lished and promulgated to regulate grants made under authority of this
section. The guidelines may include requirements for grant applications,
organizational characteristics, reporting and auditing criteria and such
other standards for eligibility and accountability as are deemed advisable
by the Kansas youth authority.

(e) On or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the Kansas endow-
ment for youth trust fund, the amount of money certified by the pooled
money investment board in accordance with this subsection. Prior to the
10th of each month, the pooled money investment board shall certify to
the director of accounts and reports the amount of money equal to the
proportionate amount of all the interest credited to the state general fund

Ch. 156             1997 Session Laws of Kansas             1071

for the preceding period of time specified under this subsection, pursuant
to K.S.A. 75-4210a, and amendments thereto, that is attributable to
money in the Kansas endowment for youth trust fund. Such amount of
money shall be determined by the pooled money investment board in-
terest earnings based on:

(1) The average daily balance of moneys in the Kansas endowment
for youth trust fund during the period of time specified under this sub-
section as certified to the board by the director of accounts and reports
for the preceding month; and

(2) the average interest rate on repurchase agreements of less than
30 days' duration entered into by the pooled money investment board for
that period of time. On or before the fifth day of the month for the
preceding month, the director of accounts and reports shall certify to the
pooled money investment board the average daily balance of moneys in
the Kansas endowment for youth trust fund for the period of time spec-
ified under this subsection net earnings rate of the pooled money invest-
ment portfolio for the preceding month.

Sec. 98. On and after July 1, 1997, K.S.A. 1996 Supp. 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 op-
eration of juvenile intake and assessment programs in each judicial dis-
trict. 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 admin-
istrative 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 infor-
mation 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-

1072             1997 Session Laws of Kansas             Ch. 156

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 com-
missioner of juvenile justice on and after July 1, 1997.

(d) 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 involve-
ment;

(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 or, 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 or, 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 or, 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 or, 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 participation participate in the services offered;

Ch. 156             1997 Session Laws of Kansas             1073

(G) requiring the child and members of the child's family to enter
into a behavioral contract which may provide for regular school at-
tendance 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 en-
forcement 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 alle-
gations.

Sec. 99. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7024 is
hereby amended to read as follows: 75-7024. On and after July 1, 1997,
in addition to other powers and duties provided by law, in administering
the provisions of the juvenile justice code, the commissioner of juvenile
justice shall:

(a) Establish the following divisions in the juvenile justice authority:

(1) Operations. The commissioner shall oversee operate the juvenile
intake and assessment system as it relates to the juvenile offender; provide
technical assistance and help facilitate community collaboration; license
juvenile correctional facilities, programs and providers; assist in coordi-
nating a statewide system of community based service providers; establish
pilot projects for community based service providers; and operate the
juvenile correctional facilities.

(2) Research and prevention. The commissioner shall generate, an-
alyze and utilize data to review existing programs and identify effective
prevention programs; to develop new program initiatives and restructure
existing programs; and to assist communities in risk assessment and ef-
fective resource utilization.

(3) Contracts. The commissioner shall secure the services of direct
providers by contracting with such providers, which may include non-
profit, private or public agencies, to provide functions and services
needed to operate the juvenile justice authority. The commissioner shall
contract with local service providers, when available, to provide 24-
hour-a-day intake and assessment services. Nothing provided for herein
shall prohibit local municipalities, through interlocal agreements, from
corroborating with and participating in the intake and assessment services
established in K.S.A. 1996 Supp. 75-7023 and amendments thereto. All
contracts entered into by the commissioner to secure the services of direct
providers shall contain a clause allowing the inspector general unlimited

1074             1997 Session Laws of Kansas             Ch. 156

access to such facility, records or personnel pursuant to subsection
(a)(4)(B).

(4) Performance audit. (A) The commissioner shall randomly audit
contracts to determine that service providers are performing as required
pursuant to the contract.

(B) Within the division of performance audit, the commissioner shall
designate a staff person to serve in the capacity of inspector general. Such
inspector general, or such inspector general's designee, shall have the au-
thority to: (i) Enforce compliance with all contracts; (ii) perform audits
as necessary to ensure compliance with the contracts. The inspector gen-
eral shall have unlimited access to any and all facilities, records or per-
sonnel of any provider that has contracted with the commissioner to de-
termine that such provider is in compliance with the contracts; and (iii)
establish a statewide juvenile justice hotline to respond to any complaints
or concerns that have been received concerning juvenile justice.

(b) Adopt rules and regulations necessary for the administration of
this act.

(c) Administer all state and federal funds appropriated to the juvenile
justice authority and may coordinate with any other agency within the
executive branch expending funds appropriated for juvenile justice.

(d) Administer the development and implementation of a juvenile
justice information system.

(e) Administer the transition to and implementation of juvenile jus-
tice system reforms.

(f) Coordinate with the judicial branch of state government any duties
and functions which effect the juvenile justice authority.

(g) Serve as a resource to the legislature and other state policymakers.

(h) Make and enter into all contracts and agreements and do all other
acts and things necessary or incidental to the performance of functions
and duties and the execution of powers under this act. The commissioner
may enter into memorandums of agreement or contractual relationships
with state agencies, other governmental entities or private providers as
necessary to carry out the commissioner's responsibilities pursuant to the
Kansas juvenile justice code.

(i) Accept custody of juvenile offenders so placed by the court.

(j) Assign juvenile offenders placed in the commissioner's custody to
juvenile correctional facilities based on information collected by the re-
ception and diagnostic evaluation, intake and assessment report, pursuant
to K.S.A. 1996 Supp. 75-7023 and the predispositional investigation re-
port, pursuant to K.S.A. 38-1661, and amendments thereto.

(k) Establish and utilize a reception and diagnostic evaluation for all
juvenile offenders to be evaluated prior to placement in a juvenile cor-
rectional facility.

(l) Assist the judicial districts in establishing community based place-

Ch. 156             1997 Session Laws of Kansas             1075

ment options, juvenile community corrections correctional services and
aftercare transition services for juvenile offenders.

(m) Review, evaluate and restructure the programmatic mission and
goals of the juvenile correctional facilities to accommodate greater spe-
cialization for each facility.

(n) Adopt rules and regulations as are necessary to encourage the
sharing of information between individuals and agencies who are involved
with the juvenile.

(o) Provide staff support to the Kansas youth authority.

(p) Designate in each judicial district an entity which shall be re-
sponsible for juvenile justice field services not provided by court services
officers in the judicial district. The commissioner shall contract with such
entity and provide grants to fund such field services.

(q) Monitor placement trends and minority confinement.

(r) On or before December 1, 1997, with the approval of the Kansas
youth authority, develop and submit to the joint committee on corrections
and juvenile justice oversight a recommendation to provide for the finan-
cial viability of the Kansas juvenile justice system. Such recommendation
shall include a formula for the allocation of state funds to community
programs and a rationale in support of the recommendation. Additionally,
the commissioner shall submit a recommendation, approved by the Kan-
sas youth authority, detailing capital projects and expenditures projected
during the five-year period beginning July 1, 1997, including a rationale
in support of such recommendation. In developing such recommenda-
tions, the commissioner shall avoid pursuing construction or expansion of
state institutional capacity when appropriate alternatives to such place-
ments are justified. The commissioner's recommendations shall identify a
revenue source sufficient to appropriately fund expenditures anticipated
to be incurred subsequent to expansion of community-based capacity and
necessary to finance recommended capital projects.

(s) Report monthly to the joint committee on corrections and juvenile
justice oversight. The commissioner shall review with the committee any
contracts or memorandums of agreement with other state agencies prior
to the termination of such agreements or contracts.

(t) Have the authority to designate all or a portion of a facility for
juveniles under the commissioner's jurisdiction as a:

(1) Nonsecure detention facility;

(2) facility for the educational or vocational training and related serv-
ices;

(3) facility for temporary placement pending other arrangements
more appropriate for the juvenile's needs; and

(4) facility for the provision of care and other services and not for the
detention of juveniles. The commissioner may appoint a deputy commis-
sioner to head each division in the juvenile justice authority and such
deputy shall serve at the pleasure of the commissioner. Any such deputy

1076             1997 Session Laws of Kansas             Ch. 156

commissioner shall be in the unclassified service under the Kansas civil
service act.

Sec. 100. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7025 is
hereby amended to read as follows: 75-7025. On and after July 1, 1997:

(a) The commissioner of juvenile justice may establish, maintain and
improve throughout the state, within the limits of funds appropriated
therefor and any grants or funds received from federal agencies and other
sources, regional youth care, evaluation and rehabilitation facilities, not
to exceed 10 in number, for the purpose of: (1) Providing local authorities
with facilities for the detention and rehabilitation of juvenile offenders,
including, but not limited to juvenile offenders who are 16 and 17 years
of age; (2) providing local authorities with facilities for the temporary
shelter and detention of juveniles pending any examination or study to
be made of the juveniles or prior to the disposition of such juveniles
pursuant to the Kansas code for care of children or the Kansas juvenile
justice code; and (3) providing short-term treatment and rehabilitation
service for juveniles.

(b) Each such facility shall be staffed by a superintendent, matron
and such other officers and employees considered necessary by the com-
missioner for the proper management and operation of the center. The
commissioner shall appoint the superintendent of each regional facility
and fix the superintendent's compensation with the approval of the gov-
ernor. Each superintendent shall appoint all other officers and employees
for such regional facility, subject to the approval of the commissioner.

(c) The commissioner may adopt rules and regulations relating to the
operation and management of any regional youth care facility established
pursuant to the provisions of K.S.A. 1996 Supp. 75-7025 through 75-7028,
and amendments thereto.

Sec. 101. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7026 is
hereby amended to read as follows: 75-7026. On and after July 1, 1997:

(a) , within the limits of funds appropriated therefor and any grants
or funds received from any agency of the United States government, and
other sources, the commissioner of juvenile justice may establish, main-
tain and improve throughout the state supplemental youth care facilities
for children who are delinquent, miscreant or juvenile offenders and who
are confined in institutions, for the purpose of providing treatment and
rehabilitation services for the children. All children placed in supplemen-
tal youth care facilities shall be subject to laws applicable to juvenile of-
fenders who are placed in any other juvenile correctional facility, as de-
fined by K.S.A. 38-1602, and amendments thereto. The commissioner
may adopt rules and regulations relating to the operation and manage-
ment of any supplemental youth care facility established pursuant to this
section.

(b) The supplemental youth care facility or youth rehabilitation cen-

Ch. 156             1997 Session Laws of Kansas             1077

ter established at Osawatomie state hospital shall be known as the juvenile
correctional facility at Osawatomie. Any reference to this supplemental
youth care facility, youth rehabilitation center or the youth center at Os-
awatomie, or words of like effect, in any statute, contract or other docu-
ment shall be deemed to apply to the juvenile correctional facility at
Osawatomie. The juvenile correctional facility at Osawatomie shall be
under the supervision and control of the commissioner in accordance with
K.S.A. 1996 Supp. 76-3203. All juvenile offenders placed in the juvenile
correctional facility at Osawatomie shall be subject to laws applicable to
juvenile offenders placed in any other juvenile correctional facility, as
defined by K.S.A. 38-1602, and amendments thereto.

(c) The supplemental youth care facility or youth rehabilitation center
established at Larned state hospital shall be known as the juvenile cor-
rectional facility at Larned. Any reference to this supplemental youth care
facility, youth rehabilitation center, the youth center at Larned, or words
of like effect, in any statute, contract or other document shall be deemed
to apply to the juvenile correctional facility at Larned. The juvenile cor-
rectional facility at Larned shall be under the supervision and control of
the commissioner in accordance with K.S.A. 1996 Supp. 76-3203. All
juvenile offenders placed in the juvenile correctional facility at Larned
shall be subject to laws applicable to any other juvenile correctional fa-
cility, as defined by K.S.A. 38-1602, and amendments thereto.

Sec. 102. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7028 is
hereby amended to read as follows: 75-7028. On and after July 1, 1997:

(a) The commissioner of juvenile justice is hereby authorized and
empowered to establish and maintain at any institution, as defined in
K.S.A. 38-1602, and amendments thereto, residential care facilities for
children and youth committed or relinquished to the commissioner.

(b) Each residential care facility established under this section shall
be under the supervision and administration of the commissioner. The
commissioner shall appoint all employees of the residential care facility
who shall be in the classified service under the Kansas civil service act.

(c) The commissioner is hereby authorized to adopt all necessary
rules and regulations relating to the operation and management of any
residential care facility established pursuant to the provisions of K.S.A.
1996 Supp. 75-7025 through 75-7028, and amendments thereto.

Sec. 103. On and after July 1, 1997, K.S.A. 1996 Supp. 76-6b04 is
hereby amended to read as follows: 76-6b04. (a) There is hereby levied
an annual permanent state tax upon all tangible property in this state
which is subject to ad valorem taxation. The tax levy shall be .25 mill in
the year 1990 and .5 mill in the year 1991 and each year thereafter until
changed by statute. The tax levy shall be in addition to all other state tax
levies authorized by law. The tax levy shall be for the use and benefit of
state institutions caring for persons who are mentally ill, retarded, visually

1078             1997 Session Laws of Kansas             Ch. 156

handicapped, with a handicapping hearing loss or tubercular or state in-
stitutions caring for children who are deprived, wayward, miscreant, de-
linquent, children in need of care or juvenile offenders and who are in
need of residential care or treatment, or institutions designed primarily
to provide vocational rehabilitation for handicapped persons. As used in
this section, ``state institutions'' shall include, but not be limited to, those
institutions under the authority of the commissioner of juvenile justice.
The proceeds of such tax levy shall be apportioned in accordance with
this act.

(b) The county treasurer of each county shall make the proceeds of
the tax levy provided for in this section available to the state treasurer
immediately upon collection. When available, the state treasurer shall
withdraw from each county the proceeds of the taxes raised by such tax
levy. Upon such withdrawal the state treasurer shall deposit the same in
the state treasury and shall credit the same as provided in K.S.A. 76-6b05
and amendments thereto.

Sec. 104. On and after July 1, 1997, K.S.A. 76-2101, as amended by
section 140 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 76-2101. (a) The name of the youth center
at Topeka is hereby changed to the Topeka juvenile correctional facility
at Topeka. On and after July 1, 1997, any reference in the laws of this
state to the state industrial school for boys or the youth center at Topeka
shall be construed as referring to the Topeka juvenile correctional facility
at Topeka.

(b) The commissioner of juvenile justice shall have the management
and control of the Topeka juvenile correctional facility at Topeka.

Sec. 105. On and after July 1, 1997, K.S.A. 76-2101a, as amended by
section 141 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 76-2101a. (a) The superintendent of the
Topeka juvenile correctional facility at Topeka shall remit all moneys re-
ceived by or for the superintendent from charges and other operations
of such institution to the state treasurer at least monthly. Upon receipt
of any such remittance the state treasurer shall deposit the entire amount
thereof in the state treasury and the same shall be credited to the Topeka
juvenile correctional facility at Topeka fee fund. All expenditures from
such fund shall be made in accordance with appropriation acts upon war-
rants of the director of account and reports issued pursuant to vouchers
approved by such superintendent or by a person or persons designated
by the superintendent.

(b) The superintendent of the Atchison juvenile correctional facility
at Atchison shall remit all moneys received by or for the superintendent
from charges and other operations of such institution to the state treasurer
at least monthly. Upon receipt of any such remittance the state treasurer
shall deposit the entire amount thereof in the state treasury and the same

Ch. 156             1997 Session Laws of Kansas             1079

shall be credited to the Atchison juvenile correctional facility at Atchison
fee fund. All expenditures from such fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by such superintendent or
by a person or persons designated by the superintendent.

Sec. 106. On and after July 1, 1997, K.S.A. 76-2101b, as amended
by section 142 of chapter 229 of the 1996 Session Laws of Kansas, is
hereby amended to read as follows: 76-2101b. (a) There is hereby estab-
lished, as a separate institution, the youth center at Atchison. The name
of the youth center at Atchison is hereby changed to the Atchison juvenile
correctional facility at Atchison. On and after July 1, 1997, any reference
in the laws of this state to the youth center at Atchison shall be construed
as referring to the Atchison juvenile correctional facility at Atchison.

(b) The commissioner of juvenile justice shall have the management
and control of the Atchison juvenile correctional facility at Atchison.

Sec. 107. On and after July 1, 1997, K.S.A. 76-2125, as amended by
section 145 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 76-2125. After conveyance of the legal title
to the state of Kansas, the control of such lands shall be vested in the
secretary of social and rehabilitation services for the use and benefit of
the youth center at Topeka. On and after July 1, 1997, the control of such
lands shall be vested in the commissioner of juvenile justice for the use
and benefit of the Topeka juvenile correctional facility at Topeka.

Sec. 108. On and after July 1, 1997, K.S.A. 76-2128, as amended by
section 146 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 76-2128. When the state of Kansas has ac-
quired title to such real estate as hereinbefore provided such real estate
shall be for the use of the Topeka juvenile correctional facility at Topeka
until other use is directed or disposition is made by the legislature.

Sec. 109. On and after July 1, 1997, K.S.A. 76-2201, as amended by
section 147 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 76-2201. The name of the youth center at
Beloit is hereby changed to the Beloit juvenile correctional facility at
Beloit. On and after July 1, 1997, any reference in the laws of this state
to the state industrial school for girls or the youth center at Beloit shall
be construed as referring to the Beloit juvenile correctional facility at
Beloit.

The commissioner of juvenile justice shall have the management and
control of the Beloit juvenile correctional facility at Beloit.

Sec. 110. On and after July 1, 1997, K.S.A. 76-2201a, as amended by
section 148 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 76-2201a. The superintendent of the Beloit
juvenile correctional facility at Beloit shall remit all moneys received by
or for the superintendent from charges and other operations of such in-

1080             1997 Session Laws of Kansas             Ch. 156

stitution to the state treasurer at least monthly. Upon receipt of any such
remittance the state treasurer shall deposit the entire amount thereof in
the state treasury and the same shall be credited to the Beloit juvenile
correctional facility at Beloit fee fund. All expenditures from such fund
shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by such superintendent or by a person or persons designated by the su-
perintendent.

Sec. 111. On and after July 1, 1997, K.S.A. 76-2219, as amended by
section 149 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
amended to read as follows: 76-2219. The commissioner of juvenile jus-
tice is hereby authorized to lease or convey for and on behalf of the state
of Kansas certain lands located east of highway 129 and now a part of the
Beloit juvenile correctional facility at Beloit to a political subdivision of
this state if such lands are considered excess to present and future needs
of the Beloit juvenile correctional facility at Beloit and is recommended
for such conveyance by the state finance council and is to be used for
educational purposes.

Sec. 112. On and after July, 1, 1997, K.S.A. 1996 Supp. 76-3201 is
hereby amended to read as follows: 76-3201. On and after July 1, 1997,
the commissioner shall appoint the superintendents of the Atchison ju-
venile correctional facility at Atchison, the Beloit juvenile correctional
facility at Beloit and, the Topeka juvenile correctional facility at Topeka
and the directors of and the Larned juvenile correctional facility at Larned
and the juvenile correctional facility at Osawatomie. Superintendents and
directors shall be in the unclassified service under the Kansas civil service
act. A superintendent or director may be removed at any time by the
commissioner. Each superintendent and director shall receive an annual
salary fixed by the commissioner, with the approval of the governor. The
commissioner may appoint an acting superintendent for any institution
which has a superintendent or an acting director for each institution which
has a director to serve temporarily until a vacancy is filled. Acting super-
intendents and directors shall have the same powers, duties and functions
as superintendents and directors.

Sec. 113. On and after July 1, 1997, K.S.A. 1996 Supp. 79-4803 is
hereby amended to read as follows: 79-4803. (a) Before July 1, 1995, an
amount equal to 10% of all moneys credited to the state gaming revenues
fund shall be transferred and credited in accordance with the following:

(1) A portion of such amount, which shall be specified by appropri-
ations act, shall be credited to the juvenile detention facilities fund; and

(2) the remainder of such amount shall be credited to the correctional
institutions building fund created pursuant to K.S.A. 76-6b09, and
amendments thereto, to be appropriated by the legislature for the use

Ch. 156             1997 Session Laws of Kansas             1081

and benefit of state correctional institutions as provided in K.S.A. 76-
6b09 and amendments thereto.

(b) On and after July 1, 1995:

(1) An amount equal to 10% of all moneys credited to the state gam-
ing revenues fund shall be transferred and credited to the correctional
institutions building fund created pursuant to K.S.A. 76-6b09 and amend-
ments thereto, to be appropriated by the legislature for the use and ben-
efit of state correctional institutions as provided in K.S.A. 76-6b09 and
amendments thereto; and

(2) an amount equal to 5% of all moneys credited to the state gaming
revenues fund shall be transferred and credited to the juvenile detention
facilities fund.

(c) (b) There is hereby created in the state treasury the juvenile de-
tention facilities fund which shall be administered by the attorney general
commissioner of juvenile justice as approved by the Kansas advisory
group on juvenile justice and delinquency prevention. All expenditures
from the juvenile detention facilities fund shall be for the retirement of
debt of facilities for the detention of juveniles; or for the construction,
renovation, remodeling or operational costs of facilities for the detention
of juveniles in accordance with a grant program which shall be established
with grant criteria designed to facilitate the expeditious award and pay-
ment of grants for the purposes for which the moneys are intended. ``Op-
erational costs'' shall not be limited to any per capita reimbursement by
the secretary of social and rehabilitation services commissioner of juvenile
justice for juveniles under the supervision and custody of the secretary
commissioner but shall include payments to counties as and for their costs
of operating the facility. The secretary of social and rehabilitation services
commissioner of juvenile justice shall make grants of the moneys credited
to the juvenile detention facilities fund for such purposes to counties in
accordance with such grant program. All expenditures from the juvenile
detention facilities fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the secretary of social and rehabilitation services
or the secretary's commissioner of juvenile justice or the commissioner's
designee.

(d) On July 1, 1994, the director of accounts and reports shall transfer
all moneys in the juvenile detention facilities capital improvements fund
to the juvenile detention facilities fund established pursuant to subsection
(c). On July 1, 1994, all liabilities of the juvenile detention facilities capital
improvements fund existing prior to such date are hereby imposed on the
juvenile detention facilities fund established pursuant to subsection (c)
and the juvenile detention facilities capital improvements fund is hereby
abolished.

New Sec. 114. (a) There is hereby created the joint committee on

1082             1997 Session Laws of Kansas             Ch. 156

corrections and juvenile justice oversight which shall be within the leg-
islative 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 pre-
ceding sentence results in a fraction, the party having a fraction exceeding
.5 shall receive representation as though such fraction were a whole num-
ber.

(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 ap-
pointed 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 ap-
pointed 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 cor-
rections 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 or-
ganize annually and elect a chairperson and vice-chairperson in ac-
cordance with this subsection. During calendar years 1997 and 1999, the
chairperson shall be one of the representative members of the joint com-
mittee elected by the members of the joint committee and the vice-chair-
person 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 mem-
bers 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 pow-
ers 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

Ch. 156             1997 Session Laws of Kansas             1083

joint committee shall organize and elect a chairperson and a vice-chair-
person in accordance with the provisions of this act.

(f) A quorum of the joint committee on corrections and juvenile jus-
tice 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 sen-
ate 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 pro-
grams, 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 cor-
rectional, food service and other programs for inmates, community cor-
rections, parole and the condition and operation of the correctional in-
stitutions 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 com-
munity correctional programs and facilities and the condition and oper-

1084             1997 Session Laws of Kansas             Ch. 156

ation 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 ju-
venile 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, 1999.

Sec. 115. On and after July 1, 1997, K.S.A. 20-1a11, 21-2511, as
amended by section 22 of chapter 229 of the 1996 Session Laws of Kansas,
21-3413, as amended by section 23 of chapter 229 of the 1996 Session
Laws of Kansas, 21-3611, as amended by section 24 of chapter 229 of the
1996 Session Laws of Kansas, 21-3612, as amended by section 25 of chap-
ter 229 of the 1996 Session Laws of Kansas, 22-4701, as amended by
section 27 of chapter 229 of the 1996 Session Laws of Kansas, 28-170, as
amended by section 28 of chapter 229 of the 1996 Session Laws of Kansas,
38-1604, as amended by section 42 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1610, as amended by section 50 of chapter 229 of the
1996 Session Laws of Kansas, 38-1613, as amended by section 52 of chap-
ter 229 of the 1996 Session Laws of Kansas, 38-1614, as amended by
section 53 of chapter 229 of the 1996 Session Laws of Kansas, 38-1618,
as amended by section 59 of chapter 229 of the 1996 Session Laws of
Kansas, 38-1632, as amended by section 64 of chapter 229 of the 1996
Session Laws of Kansas, 38-1633, as amended by section 65 of chapter
229 of the 1996 Session Laws of Kansas, 38-1636, as amended by section
67 of chapter 229 of the 1996 Session Laws of Kansas, 38-1640, as
amended by section 71 of chapter 229 of the 1996 Session Laws of Kansas,
38-1661, as amended by section 79 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1662, as amended by section 80 of chapter 229 of the
1996 Session Laws of Kansas, 38-1672, as amended by section 87 of chap-
ter 229 of the 1996 Session Laws of Kansas, 38-1674, as amended by
section 89 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A. 38-
1681, as amended by section 93 of chapter 229 of the 1996 session laws
of Kansas, 38-1691, as amended by section 95 of chapter 229 of the 1996

Ch. 156             1997 Session Laws of Kansas             1085

Session Laws of Kansas, 38-16,111, as amended by section 97 of chapter
229 of the 1996 Session Laws of Kansas, 38-1801, 38-1802, 38-1803,
38-1805, 38-1806, 38-1809, 38-1810, 38-1811, 40-1909, as amended by
section 110 of chapter 229 of the 1996 Session Laws of Kansas, 72-978,
as amended by section 120 of chapter 229 of the 1996 Session Laws of
Kansas, 74-5363, as amended by section 124 of chapter 229 of the 1996
Session Laws of Kansas, 75-5291, 76-2101, as amended by section 140 of
chapter 229 of the 1996 Session Laws of Kansas, 76-2101a, as amended
by section 141 of chapter 229 of the 1996 Session Laws of Kansas, 76-
2101b, as amended by section 142 of chapter 229 of the 1996 Session
Laws of Kansas, 76-2125, as amended by section 145 of chapter 229 of
the 1996 Session Laws of Kansas, 76-2128, as amended by section 146 of
chapter 229 of the 1996 Session Laws of Kansas, 76-2201, as amended
by section 147 of chapter 229 of the 1996 Session Laws of Kansas, 76-
2201a, as amended by section 148 of chapter 229 of the 1996 Session
Laws of Kansas, and 76-2219, as amended by section 149 of chapter 229
of the 1996 Session Laws of Kansas, and K.S.A. 1995 Supp. 38-1602, as
amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas,
38-1608, as amended by section 48 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1611, as amended by section 51 of chapter 229 of the
1996 Session Laws of Kansas, 38-1635, as amended by section 66 of chap-
ter 229 of the 1996 Session Laws of Kansas, 38-1652, as amended by
section 73 of chapter 229 of the 1996 Session Laws of Kansas, 38-1663,
as amended by section 81 of chapter 229 of the 1996 Session Laws of
Kansas, 38-1668, as amended by section 85 of chapter 229 of the 1996
Session Laws of Kansas, 38-1671, as amended by section 86 of chapter
229 of the 1996 Session Laws of Kansas, 38-1673, as amended by section
88 of chapter 229 of the 1996 Session Laws of Kansas, 38-1675, as
amended by section 90 of chapter 229 of the 1996 Session Laws of Kansas,
and 38-1676, as amended by section 91 of chapter 229 of the 1996 Session
Laws of Kansas, 38-1692, as amended by section 96 of chapter 229 of the
1996 Session Laws of Kansas, 40-19c09, as amended by section 113 of
chapter 229 of the 1996 Session Laws of Kansas, 74-8810, as amended
by section 126 of chapter 229 of the 1996 Session Laws of Kansas, and
74-9501, as amended by section 127 of chapter 229 of the 1996 Session
Laws of Kansas, and K.S.A. 1996 Supp. 21-2511, 21-3413, 28-170, 38-
1507, 38-1508, 38-1522, 38-1613, 38-1614, 38-1640, 38-1692, 38-16,126,
38-16,128, 38-1804, 38-1807, 38-1808, 40-1909, 40-19c09, 72-89a02,
74-8810, 75-2935, 75-2935b, 75-6102, 75-6104, 75-6801, 75-7007,
75-7008, 75-7009, 75-7010, 75-7021, 75-7023, 75-7024, 75-7025, 75-
7026, 75-7028, 76-6b04, 76-3201 and 79-4803 are hereby repealed.

Sec. 116. On and after January 1, 1998, K.S.A. 38-1604, as amended
by section 46 of this act, 38-1636, as amended by section 57 of this act,
38-1681, as amended by section 73 of this act, and 38-16,111, as amended

1086             1997 Session Laws of Kansas             Ch. 156

by section 77 of this act, and K.S.A. 1995 Supp. 38-1602, as amended by
section 44 of this act, and 38-1675, as amended by section 70 of this act,
are hereby repealed.

Sec. 117. On and after July 1, 1999, K.S.A. 1995 Supp. 38-1663, as
amended by section 63 of this act, and K.S.A. 38-1674, as amended by
section 68 of this act, are hereby repealed.

Sec. 118. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 13, 1997.

Published in the Kansas Register: May 22, 1997.