CHAPTER 187
HOUSE BILL No. 2627
An Act concerning children and minors;
amending K.S.A. 38-1532, 75-2935, 75-4362 and
75-7024 and K.S.A. 1997 Supp. 38-1602,
38-1604, 38-1624, 38-1636, 38-1640, 38-1663,
38-1663, as amended by section 7 of this act,
38-1691, 38-16,111, 38-16,129, 65-6001
and 65-6008 and repealing the existing
sections; also repealing K.S.A. 1996 Supp. 38-
1663 as amended by section 64 of chapter 156
of the 1997 Session Laws of Kansas.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. The commissioner of juvenile justice may
appoint
deputy commissioners and assistant commissioners as determined
nec-
essary by the commissioner to carry out the mission of the
authority. All
deputy commissioners and assistant commissioners shall serve at the
plea-
sure of the commissioner, shall be in the unclassified service
under the
Kansas civil service act and shall receive an annual salary fixed
by the
commissioner and approved by the governor. The commissioner may
ap-
point a public information officer, a chief attorney, other
attorneys and a
personal secretary for the juvenile justice authority. These
employees
shall serve at the pleasure of the commissioner, shall be in the
unclassified
service under the Kansas civil service act and shall receive an
annual salary
fixed by the commissioner and approved by the governor. Unless
other-
wise designated, all other employees of the juvenile justice
authority shall
be in the classified service.
Sec. 2. K.S.A. 1997 Supp. 38-1602 is hereby amended to
read as
follows: 38-1602. As used in this code, unless the context
otherwise re-
quires:
(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 commits an
offense while a juvenile which if done
committed by an adult would con-
stitute 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;
(3) a person whose prosecution as an adult is
authorized pursuant to
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
under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas code of criminal
proce-
dure;
(B) sentenced as an adult under the Kansas code of criminal
proce-
dure following termination of status as an extended jurisdiction
juvenile
pursuant to K.S.A. 38-16,126, and amendments thereto;
or
(C) convicted or sentenced as an adult in another state or
foreign
jurisdiction under substantially similar procedures described in
K.S.A. 38-
1636, and amendments thereto, or because of attaining the age of
majority
designated in that state or jurisdiction.
(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 shall 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. 1997 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
intake and assessment system established pursuant to K.S.A.
1997 Supp.
76-3202 75-7023, 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 Sanctions 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 the behavior of its
residents. Upon
an order from the court, a licensed juvenile detention facility may
serve
as a sanction sanctions house. A
sanction sanctions house may be
physi-
cally connected physically to a nonsecure
shelter facility provided the
sanction sanctions 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. 3. K.S.A. 1997 Supp. 38-1604 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 directly to a juvenile correctional
facility; (2)
committed to the custody of the commissioner 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, if committed to the custody of the commissioner pursuant
to sub-
section (c) of K.S.A. 38-1665, and amendments thereto,
unless an adult
sentence is imposed pursuant to an extended jurisdiction juvenile
pros-
ecution. 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. Effective July 1, 1999,
if a juvenile is adjudicated a juvenile offender and has
previously been
adjudicated a child in need of care, the Kansas juvenile justice
code shall
apply to such juvenile and the Kansas code for care of children
shall
suspend during the time of jurisdiction pursuant to the Kansas
juvenile
justice code. Prior to July 1, 1999, the court may apply the
provisions of
either code to a juvenile adjudicated under both codes.
Nothing in this
subsection shall preclude such juvenile offender from accessing
services
provided by the department of social and rehabilitation services or
any
other state agency if such juvenile is eligible for such
services.
(e) The provisions of this code shall govern with respect to
acts done
offenses committed on or after July 1, 1997.
Sec. 4. K.S.A. 1997 Supp. 38-1624 is hereby amended to
read as
follows: 38-1624. (a) By a law enforcement officer. A law
enforcement
officer may take an alleged juvenile offender into custody
when:
(1) Any offense has been or is being committed by the juvenile
in the
officer's view;
(2) the officer has a warrant commanding that the juvenile be
taken
into custody;
(3) the officer has probable cause to believe that a warrant
or order
commanding that the juvenile be taken into custody has been issued
in
this state or in another jurisdiction for an act committed
therein;
(4) the officer has probable cause to believe that the
juvenile is com-
mitting or has committed an act which, if committed by an adult,
would
constitute:
(A) A felony; or
(B) a misdemeanor and (i) the juvenile will not be apprehended
or
evidence of the offense will be irretrievably lost unless the
juvenile is
immediately taken into custody or (ii) the juvenile may cause
injury to
self or others or damage to property or may be injured unless
immediately
taken into custody; or
(5) the officer has probable cause to believe that the
juvenile has
violated an order for electronic monitoring as a term of
probation.
(b) By a court services officer. A court services
officer may take a
juvenile into custody when there is a warrant commanding that the
ju-
venile be taken into custody, when the court services officer has
probable
cause to believe that a warrant or order commanding that the
juvenile be
taken into custody has been issued in this state or in another
jurisdiction
for an act committed therein or when there is probable cause to
believe
that the juvenile has violated an order for electronic monitoring
as a term
of probation.
(c) Procedure. (1) When any law enforcement
officer takes an al-
leged juvenile offender into custody, the juvenile shall be taken
without
unnecessary delay to an intake and assessment worker if an intake
and
assessment program exists in the jurisdiction, or before the court
for pro-
ceedings in accordance with this code or, if the court is not open
for the
regular conduct of business, to a court services officer, a
juvenile intake
and assessment worker, a juvenile detention facility or youth
residential
facility which the court or the commissioner shall have designated.
The
officer shall not take the juvenile to a juvenile detention
facility unless
the juvenile meets one or more of the criteria listed in K.S.A.
38-1640,
and amendments thereto. Even if the juvenile meets one or more of
such
criteria, the officer shall first consider whether taking the
juvenile to an
available nonsecure facility is more appropriate.
(2) It shall be the duty of the officer to furnish the county
or district
attorney or the juvenile intake and assessment worker if the
officer has
delivered such juvenile to the worker, with all of the information
in the
possession of the officer pertaining to the juvenile; the
juvenile's parents,
or other persons interested in or likely to be interested in the
juvenile;
and all other facts and circumstances which caused the juvenile to
be
arrested or taken into custody.
(3) (A) When the juvenile is less than 14 years of
age, no in-custody
or arrest admission or confession resulting from interrogation
may be
admitted into evidence unless the confession or admission was
made fol-
lowing a consultation between the juvenile and the juvenile's
parents,
guardian or attorney as to whether the juvenile will waive such
juvenile's
right to an attorney and right against self-incrimination. It
shall be the
duty of the facility where the juvenile has been delivered to
make a rea-
sonable effort to contact the parent or guardian immediately
upon such
juvenile's arrival unless such parent or guardian is the alleged
victim or
alleged co-defendant of the crime under
investigation.
(B) When a parent or guardian is the alleged victim or
alleged co-
defendant of the crime under investigation and the juvenile is
less than
14 years of age, no in-custody or arrest admission or confession
may be
admitted into evidence unless the confession or admission was
made fol-
lowing a consultation between the juvenile and a parent or
guardian who
is not involved in the investigation of the crime, or an
attorney as to
whether the juvenile will waive such juvenile's right to an
attorney and
right against self-incrimination. It shall be the duty of the
facility where
the juvenile has been delivered to make reasonable effort to
contact a
parent or guardian who is not involved in the investigation of
the crime
immediately upon such juvenile's arrival.
(d) Release prior to detention hearing. In the absence
of a court order
to the contrary, the court or officials designated by the court,
the county
or district attorney or the law enforcement agency taking a
juvenile into
custody shall have the authority to direct the release of the
juvenile prior
to the time specified by subsection (a) of K.S.A. 38-1632 and
amendments
thereto. In addition, if an agreement is established pursuant to
K.S.A. 38-
1635, and amendments thereto, a juvenile intake and assessment
worker
shall have the authority to direct the release of a juvenile prior
to a de-
tention hearing after the completion of the intake and assessment
process
if the juvenile intake and assessment worker has reason to believe
that if
released the juvenile will appear for further proceedings and will
not be
dangerous to self or others.
(e) Person 18 or over taken into custody; detention and
release.
Whenever a person 18 years of age or more is taken into custody by
a
law enforcement officer for an alleged offense which was committed
prior
to the time the person reached the age of 18, the officer shall
notify and
refer the matter to the court for proceedings pursuant to this
code, except
that the provisions of this code relating to detention hearings
shall not
apply to that person. If detention is necessary, the person
shall be detained
in jail. Unless the law enforcement officer took the person
into custody
pursuant to a warrant issued by the court and the warrant specifies
the
amount of bond or indicates that the person may be released on
personal
recognizance, the person shall be taken before the court of the
county
where the alleged act took place or, at the request of the person,
the
person shall be taken, without delay, before the nearest court. The
court
shall fix the terms and conditions of an appearance bond upon which
the
person may be released from custody. The provisions of article 28
of
chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901
and
amendments thereto relating to appearance bonds and review of
condi-
tions and release shall be applicable to appearance bonds provided
for in
this section.
Sec. 5. K.S.A. 1997 Supp. 38-1636 is hereby amended to
read as
follows: 38-1636. (a) (1) Except as provided further, at any time
after
commencement of proceedings under this code against a respondent
and
prior to 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 pre-
sumed to be a juvenile unless good cause is shown to prosecute the
re-
spondent 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
constitute an offgrid offense,
a person felony, a nondrug severity level 1 through 6 felony or any
drug
severity level 1 or 2 felony; or (ii) was committed while in
possession of
a firearm; or (B) charged with a felony or with more than one
offense of
which one or more is constitutes a felony
after having been adjudicated
or convicted in a separate prior juvenile proceeding as having
committed
an act offense which would constitute a
felony if committed by an adult
and the adjudications or convictions occurred prior to the date of
the
commission of the new act charged and prior to the 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 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 constitute
an offgrid felony, a person
felony, a nondrug severity level 1 through 6 felony or any drug
severity
level 1 or 2 felony; or (ii) was committed while in possession of a
firearm;
or (B) charged with a felony or with more than one offense of which
one
or more is constitutes a felony after
having been adjudicated or convicted
in a separate prior juvenile proceeding as having committed an act
which
would constitute a felony if committed by an adult and the
adjudications
or convictions occurred prior to the date of the commission of the
new
act offense charged, the burden of proof is
on the respondent to rebut
the designation of an extended jurisdiction juvenile prosecution.
In all
other motions requesting that the court designate the proceedings
as an
extended jurisdiction juvenile prosecution, the respondent is
presumed
to be a juvenile. The burden of proof is on the prosecutor to prove
the
respondent should be designated as an extended jurisdiction
juvenile.
(b) The motion may also may contain a
statement that the prosecut-
ing attorney will introduce evidence of the offenses alleged in the
com-
plaint and request that, on hearing the motion and authorizing
prosecu-
tion as an adult or designating the proceedings as an extended
jurisdiction
juvenile prosecution under this code, the court may make the
findings
required in a preliminary examination provided for in K.S.A.
22-2902,
and amendments thereto, and the finding that there is no necessity
for
further preliminary examination.
(c) 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 at least once a week for two consecutive weeks
in a newspaper
authorized to publish legal notices in the
official county newspaper of the
county where the hearing will be held.
(e) In determining whether or not prosecution as an adult
should be
authorized or designating the proceeding as an extended
jurisdiction 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 shall be given to offenses against
persons,
especially if personal injury resulted; (4) the number of alleged
offenses
unadjudicated and pending against the respondent; (5) the previous
his-
tory of the respondent, including whether the respondent had been
ad-
judicated a juvenile offender under this code and, if so, whether
the
offenses were against persons or property, and any other previous
history
of antisocial behavior or patterns of physical violence; (6) the
sophistica-
tion 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 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
of the factors listed in this subsection shall
not, in and of itself, shall not
be determinative of the issue. Subject to the provisions of K.S.A.
38-1653,
and amendments thereto, written reports and other materials
relating to
the respondent's mental, physical, educational and social history
may be
considered by the court.
(f) (1) The court may authorize prosecution as an adult
upon 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.
On or
before 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
juvenile jurisdiction prosecution shall have the right to a trial
by jury, to
the effective assistance of counsel and to all other rights of a
defendant
pursuant to the Kansas code of criminal procedure. 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)
but is convicted or adjudicated of a lesser included
offense, the respondent
shall be a juvenile offender and receive a sentence pursuant to
K.S.A. 38-
1663, and amendments thereto.
Sec. 6. K.S.A. 1997 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
amend-
ments 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 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) No person 18 years of age or more shall be placed in a
juvenile
detention center.
(c) This section shall be part of and supplemental to
the Kansas ju-
venile justice code.
Sec. 7. K.S.A. 1997 Supp. 38-1663 is hereby amended to
read as
follows: 38-1663. (a) When a respondent has been
adjudged adjudicated
to be a juvenile offender, the judge may select from the following
alter-
natives:
(1) Place the juvenile offender on probation for a fixed
period, subject
to the terms and conditions the court deems appropriate, including
a
requirement of making restitution as required by subsection
(d).
(2) Place the juvenile offender in the custody of a parent or
other
suitable person, subject to the terms and conditions the court
orders,
including a requirement of making restitution as required by
subsection
(d).
(3) Place the juvenile offender in the custody of a youth
residential
facility, subject to the terms and conditions the court orders.
(4) Place the juvenile offender in the custody of the
commissioner.
(5) 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) (5) Commit the juvenile offender
to a sanctions house for a period
no longer than seven days. Following such period, the court shall
review
the placement. The court may continue to recommit the juvenile
offender
to a sanctions house for a period no longer than seven days
followed by
a court review. In no event shall such
Commitment to a sanctions house
commitment shall not exceed 28 consecutive
days. An offender over 18
years of age or less than 23 years of age at sentencing may be
committed
to a county jail, in lieu of a sanctions house, under the same
time restric-
tions imposed by this paragraph. No offender may be committed
under
this paragraph unless such offender has violated the terms of
probation.
(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) (6) Commit the juvenile offender
to a community based program
available in such judicial district subject to the terms and
conditions the
court orders.
(7) Impose any appropriate combination of paragraphs (1)
through
(6) of this subsection and make other orders directed to the
juvenile of-
fender as the court deems appropriate.
(9) (8) Commit the juvenile offender
to a juvenile correctional facility
if the juvenile offender:
(A) Has Previously has been
adjudged adjudicated as a juvenile of-
fender under this code or under the Kansas juvenile offender
code as it
existed prior to July 1, 1997, for an offense which, if
committed by an
adult, would constitute a felony, a class A misdemeanor, a class
B person
or nonperson select misdemeanor or a class C person
misdemeanor; or
(B) has been adjudicated a juvenile offender as a result of
having
committed an act offense which, if
done committed by a person 18 years
of age or over, would constitute a class A, B or C felony as
defined by
the Kansas criminal code or, if done on or after July 1, 1993,
would
constitute an off-grid crime or a nondrug crime ranked in severity
level
1 through 5 or a drug crime ranked in severity level 1 through
3.
(10) (9) Place the juvenile offender
under a house arrest program
administered by the court pursuant to K.S.A. 21-4603b, and
amendments
thereto.
(b) (1) In addition to any other order authorized by this
section, the
court may order the: (A) Juvenile offender and the parents of the
juvenile
offender to:
(i) Attend counseling sessions as the court directs; or
(ii) participate in mediation as the court directs.
Participants in such
mediation may include, but shall not be limited to, the victim, the
juvenile
offender and the juvenile offender's parents. Mediation shall not
be 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 what
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
what 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. The court
shall transmit the license to the
division of motor vehicles of the department of revenue, to be
retained
until the period of suspension expires. At that time, the licensee
may apply
to the division for return of the license. If the license has
expired, the
juvenile offender may apply for a new license, which shall be
issued
promptly upon payment of the proper fee and satisfaction of other
con-
ditions established by law for obtaining a license unless another
suspen-
sion or revocation of the juvenile offender's privilege to operate
a motor
vehicle is in effect. As used in this subsection, ``highway'' and
``street''
have the meanings provided by K.S.A. 8-1424 and 8-1473, and
amend-
ments thereto. Any respondent who is adjudged
adjudicated to be a ju-
venile offender who does not have a driver's license may have such
ju-
venile 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
deter-
mined 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
adjudicated to be a juvenile offender, as provided in
subsection (c)(1),
the court in which such juvenile offender was
adjudged adjudicated to
be a juvenile offender may enter an order which places conditions
on
such juvenile offender's privilege of operating a motor vehicle on
the
streets and highways of this state, a certified copy of
which such juvenile
offender shall be required to carry any time such juvenile offender
is
operating a motor vehicle on the streets and highways of
this state. Any
such order shall prescribe the duration of the conditions imposed
and
shall specify that such duration shall be for a definite time
period to be
determined by the court. Upon entering an order restricting a
juvenile
offender's license hereunder, the court shall require such juvenile
of-
fender to surrender such juvenile offender's driver's license to
the court
who shall cause it to be transmitted. The court
shall transmit the license
to the division of vehicles, together with a copy of the order.
Upon receipt
thereof, the division of vehicles shall issue without charge a
driver's li-
cense which shall indicate on its face that conditions have been
imposed
on such juvenile offender's privilege of operating a motor vehicle
and that
a certified copy of the order imposing such conditions is required
to be
carried by the juvenile offender for whom the license was issued
any time
such juvenile offender is operating a motor vehicle on the
streets and
highways of this state. If the juvenile offender
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
adminis-
trator of such juvenile offender's state of residence. Such court
shall fur-
nish 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
pur-
suant to this subsection, the licensee may apply to the division
for the
return of the license previously surrendered by such licensee. In
the event
such license has expired, such juvenile offender may apply to the
division
for a new license, which shall be issued immediately by the
division upon
payment of the proper fee and satisfaction of the other conditions
estab-
lished by law, unless such juvenile offender's privilege to operate
a motor
vehicle on the streets and highways of this state has been
suspended or
revoked prior thereto. If any juvenile offender shall violate any
of the
conditions imposed under this subsection, such juvenile
offender's
driver's license or privilege to operate a motor vehicle on the
streets and
highways of this state shall be revoked for a period as determined
by the
court in which such juvenile offender is convicted of violating
such con-
ditions.
(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 directly to the
seriousness of the juvenile offender's offense and the juvenile
offender's
ability to pay.
(3) Payment of a fine may be required in a lump sum or
installments.
(4) Imposition of a restitution order is preferable to
imposition of a
fine.
(5) The juvenile offender's duty of payment should be limited
in 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
adjudicated 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 65-4101 through
65-4164 or K.S.A. 1997
Supp. 8-1599, and amendments thereto, the court shall order the
juvenile
offender to submit to and complete an alcohol and drug evaluation
by a
community-based alcohol and drug safety action program certified
pur-
suant 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. The
court may waive such
evaluation if the court finds that the juvenile offender has
successfully
completed successfully an alcohol and drug evaluation,
approved by the
community-based alcohol and drug safety action program, within
12
months of the offender's arrest on this offense
before sentencing. If such
evaluation occurred more than 12 months after the
offender's arrest on
this offense before sentencing, the court
shall order the juvenile offender
to resubmit to and complete such evaluation and program as
provided
herein. If the court finds that the juvenile offender and those
legally liable
for the offender's support are indigent, the fee may be waived. In
no
event shall the fee be assessed against the commissioner or the
juvenile
justice authority. The court may require the parent or guardian of
the
juvenile offender to attend such program with the juvenile
offender.
(g) The board of county commissioners of a county may provide
by
resolution that the parents or guardians of any juvenile offender
placed
under a house arrest program pursuant to subsection
(a)(7) (a)(9) shall
be required to pay to the county the cost of such house arrest
program.
The board of county commissioners shall further
prepare a sliding finan-
cial scale based on the ability of the parents to pay for such a
program.
(h) In addition to any other order authorized by this section,
if child
support has been requested and the parent or parents have a duty
to
support the respondent the court may order, and when custody
is placed
with the commissioner shall, order, one or
both parents to pay child sup-
port. The court shall determine, for each parent separately,
whether the
parent is already is subject to an order to
pay support for the respondent.
If the parent currently 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
pur-
suant 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
other-
wise, that the child support order may be registered pursuant to
K.S.A.
38-16,119, and amendments thereto. The parent
shall also shall be in-
formed 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 court's journal.
(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 offense if committed by
an adult would constitute the
commission of a felony, the court shall forward a signed copy of
the jour-
nal entry to the commissioner within 30 days of final
disposition.
(k) The sentencing hearing shall be open to the public as
provided in
K.S.A. 38-1652, and amendments thereto.
Sec. 8. On and after July 1, 1999, K.S.A. 1997 Supp.
38-1663, as
amended by section 7 of this act, is hereby amended to read as
follows:
38-1663. (a) When a respondent has been adjudicated to be a
juvenile
offender, the judge may select from the following alternatives:
(1) Place the juvenile offender on probation for a fixed
period, subject
to the terms and conditions the court deems appropriate 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 program in the community,
including a re-
quirement of making restitution as required by subsection (d).
(3) Place the juvenile offender in the custody of a youth
residential
facility, subject to the terms and conditions the court orders.
(4) Place the juvenile offender in the custody of the
commissioner.
(5) Commit the juvenile offender to a sanctions house for a
period
no longer than seven days. Following such period, the court shall
review
the placement. The court may continue to recommit the juvenile
offender
to a sanctions house for a period no longer than seven days
followed by
a court review. Commitment to a sanctions house shall not exceed
28
consecutive days. An offender over 18 years of age or less than 23
years
of age at sentencing may be committed to a county jail, in lieu of
a sanc-
tions house, under the same time restrictions imposed by this
paragraph.
No offender may be committed under this paragraph unless such
of-
fender has violated the terms of probation.
(6) Commit the juvenile offender to a community based
program
available in such judicial district subject to the terms and
conditions the
court orders.
(7) Impose any appropriate combination of paragraphs (1)
through
(6) of this subsection and make other orders directed to the
juvenile
offender as the court deems appropriate.
(8) Commit the juvenile offender to a juvenile correctional
facility if
the juvenile offender:
(A) Previously has been adjudicated as a juvenile
offender under this
code or under the Kansas juvenile offender code as it
existed prior to July
1, 1997, for an offense which, if committed by an adult,
would constitute
a felony, a class A misdemeanor, a class B person or
nonperson select
misdemeanor or a class C person misdemeanor;
or
(B) has been adjudicated a juvenile offender as a
result of having
committed an offense which, if committed by a person 18
years of age or
over, would constitute a class A, B or C felony as defined
by the Kansas
criminal code or, if done on or after July 1, 1993, would
constitute an off-
grid crime or a nondrug crime ranked in severity level 1
through 5 or a
drug crime ranked in severity level 1 through 3
as provided by the place-
ment matrix established in K.S.A. 1997 Supp. 38-16,129, and
amendments
thereto.
(9) Place the juvenile offender under a house arrest program
admin-
istered 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 participate in a program of education
offered
by a local board of education including placement in an alternative
edu-
cational 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 what the center would have charged
the
person receiving the counseling if the person had requested
counseling
on the person's own initiative. No mediator shall charge a fee for
court-
ordered mediation greater than what the mediator would have
charged
the person participating in the mediation if the person had
requested
mediation on the person's own initiative.
(c) (1) If a respondent has been adjudged to be a
juvenile offender,
the court, in addition to any other order authorized by this
section, may
suspend the juvenile offender's driver's license or privilege to
operate a
motor vehicle on the streets and highways of this state. The
duration of
the suspension ordered by the court shall be for a definite time
period to
be determined by the court. Upon suspension of a license pursuant
to
this subsection, the court shall require the juvenile offender to
surrender
the license to the court. The court shall transmit the license to
the division
of motor vehicles of the department of revenue, to be retained
until the
period of suspension expires. At that time, the licensee may apply
to the
division for return of the license. If the license has expired, the
juvenile
offender may apply for a new license, which shall be issued
promptly
upon payment of the proper fee and satisfaction of other conditions
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 adjudicated to be a juvenile
offender who
does not have a driver's license may have such juvenile offender's
driving
privileges revoked. No Kansas driver's license shall be issued to a
juvenile
offender whose driving privileges have been revoked pursuant to
this
section for a definite time period to be determined by the
court.
(2) In lieu of suspending the driver's license or privilege to
operate
a motor vehicle on the highways of this state of any respondent
adjudi-
cated to be a juvenile offender, as provided in subsection (c)(1),
the court
in which such juvenile offender was adjudicated to be a juvenile
offender
may enter an order which places conditions on such juvenile
offender's
privilege of operating a motor vehicle on the streets and highways
of this
state, a certified copy of which such juvenile offender shall be
required
to carry any time such juvenile offender is operating a motor
vehicle on
the streets and highways of this state. Any such order shall
prescribe the
duration of the conditions imposed and shall specify that such
duration
shall be for a definite time period to be determined by the court.
Upon
entering an order restricting a juvenile offender's license
hereunder, the
court shall require such juvenile offender to surrender such
juvenile of-
fender's driver's license to the court. The court shall transmit
the license
to the division of vehicles, together with a copy of the order.
Upon receipt
thereof, the division of vehicles shall issue without charge a
driver's li-
cense which shall indicate on its face that conditions have been
imposed
on such juvenile offender's privilege of operating a motor vehicle
and that
a certified copy of the order imposing such conditions is required
to be
carried by the juvenile offender for whom the license was issued
any time
such juvenile offender is operating a motor vehicle on the streets
and
highways of this state. If the juvenile offender
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
adminis-
trator of such juvenile offender's state of residence. Such court
shall fur-
nish 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
pur-
suant to this subsection, the licensee may apply to the division
for the
return of the license previously surrendered by such licensee. In
the event
such license has expired, such juvenile offender may apply to the
division
for a new license, which shall be issued immediately by the
division upon
payment of the proper fee and satisfaction of the other conditions
estab-
lished by law, unless such juvenile offender's privilege to operate
a motor
vehicle on the streets and highways of this state has been
suspended or
revoked prior thereto. If any juvenile offender shall violate any
of the
conditions imposed under this subsection, such juvenile
offender's
driver's license or privilege to operate a motor vehicle on the
streets and
highways of this state shall be revoked for a period as determined
by the
court in which such juvenile offender is convicted of violating
such con-
ditions.
(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 related directly 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 adjudicated to be a juvenile offender by
reason of
a violation of K.S.A. 41-719, 41-727, 65-4101 through 65-4164 or
K.S.A.
1997 Supp. 8-1599, and amendments thereto, the court shall order
the
juvenile offender to submit to and complete an alcohol and drug
evalu-
ation by a community-based alcohol and drug safety action program
cer-
tified pursuant to K.S.A. 8-1008, and amendments thereto, and to
pay a
fee not to exceed the fee established by that statute for such
evaluation.
The court may waive such evaluation if the court finds that the
juvenile
offender has completed successfully an alcohol and drug evaluation,
ap-
proved by the community-based alcohol and drug safety action
program,
within 12 months before sentencing. If such evaluation occurred
more
than 12 months before sentencing, the court shall order the
juvenile of-
fender to resubmit to and complete such evaluation and program as
pro-
vided herein. If the court finds that the juvenile offender and
those legally
liable for the offender's support are indigent, the fee may be
waived. In
no event shall the fee be assessed against the commissioner or the
juvenile
justice authority. The court may require the parent or guardian of
the
juvenile offender to attend such program with the juvenile
offender.
(g) The board of county commissioners of a county may provide
by
resolution that the parents or guardians of any juvenile offender
placed
under a house arrest program pursuant to subsection (a)(9) shall be
re-
quired to pay to the county the cost of such house arrest program.
The
board of county commissioners shall prepare a sliding financial
scale
based on the ability of the parents to pay for such a program.
(h) In addition to any other order authorized by this section,
if child
support has been requested and the parent or parents have a duty
to
support the respondent the court may order, and when custody is
placed
with the commissioner shall order, one or both parents to pay child
sup-
port. The court shall determine, for each parent separately,
whether the
parent already is subject to an order to pay support for the
respondent.
If the parent currently is not ordered to pay support for the
respondent
and the court has personal jurisdiction over the parent, the court
shall
order the parent to pay child support in an amount determined
under
K.S.A. 38-16,117, and amendments thereto. Except for good cause
shown, the court shall issue an immediate income withholding order
pur-
suant 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
other-
wise, that the child support order may be registered pursuant to
K.S.A.
38-16,119, and amendments thereto. The parent also shall be
informed
that, after registration, the income withholding order may be
served on
the parent's employer without further notice to the parent and the
child
support order may be enforced by any method allowed by law.
Failure
to provide this notice shall not affect the validity of the child
support
order.
(i) Any order issued by the judge pursuant to this section
shall be in
effect immediately upon entry into the court's journal.
(j) In addition to the requirements of K.S.A. 38-1671, and
amend-
ments thereto, if a person is under 18 years of age and convicted
of a
felony or adjudicated as a juvenile offender for an offense if
committed
by an adult would constitute the commission of a felony, the court
shall
forward a signed copy of the journal entry to the commissioner
within 30
days of final disposition.
(k) The sentencing hearing shall be open to the public as
provided in
K.S.A. 38-1652, and amendments thereto.
Sec. 9. K.S.A. 1997 Supp. 38-16,129 is hereby amended to
read as
follows: 38-16,129. On and after July 1, 1999: (a) For the purpose
of
sentencing juvenile offenders, the following placements may be
applied
by the judge in felony or misdemeanor cases for offenses committed
on
or after July 1, 1999. If used, the court shall establish a
specific term of
commitment.
(1) Violent Offenders. (A) The violent offender I is
defined as an
offender adjudicated as a juvenile offender if the
offense for an offense
which, if committed by an adult, would be
constitute an off-grid felony.
Offenders in this category may be committed to a juvenile
correctional
facility for a minimum term of 60 months and up to a maximum term
of
the offender reaching the age of 22 years, six months. The
aftercare term
for this offender is set at a minimum term of six months and up to
a
maximum term of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender
adjudicated as
a juvenile offender if the offense for an
offense which, if committed by
an adult, would be constitute 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 for an offense
which, if committed by an adult, would be
constitute a nondrug severity
level 4, 5 or 6 person felony or a severity level 1 or 2 drug
felony. Of-
fenders in this category may be committed to a juvenile
correctional fa-
cility 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 for an
offense which, if committed by
an adult, would be constitute a nondrug
severity level 7, 8, 9 or 10 person
felony with one prior felony adjudication. Offenders in this
category may
be committed to a juvenile correctional facility for a minimum term
of
nine months and up to a maximum term of 18 months. The
aftercare
term for this offender is set at a minimum term of six months and
up to
a maximum term of 24 months.
(3) Chronic Offenders. (A) The chronic offender I,
chronic felon is
defined as an offender adjudicated as a juvenile offender
if the offense
for an offense which, if committed by an adult, would
be a constitute:
(i) One present nonperson felony adjudication and two prior
felony
adjudications; or
(ii) one present severity level 3 drug felony adjudication and
two prior
felony adjudications.
Offenders in this category may be committed to a juvenile
correctional
facility for a minimum term of six months and up to a maximum term
of
18 months. The aftercare term for this offender is set at a minimum
term
of six months and up to a maximum term of 12 months.
(B) The chronic offender II, escalating felon is defined as an
offender
adjudicated as a juvenile offender if the offense
for an offense which, if
committed by an adult, would be a
constitute:
(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 for an offense
which, if committed by an adult, would be a
constitute:
(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 to a juvenile correctional facility, youth
residential facility,
juvenile detention facility, institution, a sanctions house or
to other ap-
propriate community placement for a minimum term of three
months
and up to a maximum term of six months. The aftercare term for
this
offender is set at a minimum term of two months and up to a
maximum
term of six months, or the maximum term of the original aftercare
term,
whichever is longer.
(b) As used in this section: (1) ``Placement failure'' means a
juvenile
offender has been placed out-of-home on probation in a
community
placement accredited by the commissioner in a juvenile offender
case
and the offender has violated significantly
violated the terms of probation
in that case.
(2) ``Adjudication'' includes out-of-state juvenile
adjudications. An
out-of-state offense which if done
committed by an adult would constitute
the commission of a felony or misdemeanor shall be classified as
either a
felony or a misdemeanor according to the adjudicating jurisdiction.
If an
offense which if done committed by an adult
would constitute the com-
mission of a felony is a felony in another state, it will be
counted as deemed
a felony in Kansas. The state of Kansas shall classify the offense,
which if
done committed by an adult would constitute
the commission of a felony
or misdemeanor, as person or nonperson. In designating such offense
as
person or nonperson, reference to comparable offenses shall
be referred
to made. If the state of Kansas does not
have a comparable offense, the
out-of-state adjudication shall be classified as a nonperson
offense.
(c) All appropriate community placement options shall have
been ex-
hausted before such juvenile offender a chronic
offender III, escalating
misdemeanant shall be placed in a juvenile correctional
facility. A court
finding shall be made acknowledging that appropriate community
place-
ment 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
commu-
nity placements to ensure that the chronic offender III, escalating
mis-
demeanant sentencing category is not frequently utilized.
Sec. 10. K.S.A. 1997 Supp. 38-1691 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) and (d).
(b) Upon being taken into custody, an alleged juvenile
offender may
be temporarily detained temporarily in a
jail, in quarters with sight and
sound separation 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 subsection, 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
shall not apply to detention of a
juvenile with regard to:
(1) (A) Against whom a motion has been filed
requesting prosecution
as an adult pursuant to K.S.A. 38-1636, and amendments
thereto; and
(B) who has received the benefit of a detention hearing pursuant
to K.S.A.
38-1640, and amendments thereto;
(2) whose prosecution as an adult or classification as an
extended
jurisdiction juvenile has been authorized pursuant to K.S.A.
38-1636, and
amendments thereto; or
(3) who has been convicted previously as an adult under the
code of
criminal procedure or the criminal laws of another state or
foreign juris-
diction.
(d) The provisions of this section shall not apply to the
detention of
any person 18 years of age or more who is taken into custody and
is being
prosecuted in accordance with the provisions of the Kansas
juvenile justice
code.
(e) This section shall be part of and supplemental to
the Kansas ju-
venile justice code.
Sec. 11. K.S.A. 1997 Supp. 38-16,111 is hereby amended to
read as
follows: 38-16,111. (a) When a juvenile who is under 16
years of age at
the time of the sentencing, has been prosecuted and
convicted 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 designated 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, 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 . If
such 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.
(b) A juvenile who has been prosecuted and convicted as an
adult,
shall not be eligible for admission to a juvenile correctional
facility. All
other conditions of such juvenile offender's sentence imposed
under this
code, including restitution orders, may remain intact. The
provisions of
this subsection shall not apply to a juvenile who: (1) Is
under 16 years of
age at the time of the sentencing; (2) has been prosecuted
as an adult or
under extended juvenile jurisdiction; and (3) has been
placed in the cus-
tody of the secretary of corrections, requiring admission to a
juvenile
correctional facility pursuant to subsection (a).
Sec. 12. K.S.A. 1997 Supp. 65-6001 is hereby amended to
read as
follows: 65-6001. As used in K.S.A. 65-6001 to 65-6007, inclusive,
and
K.S.A. 1997 Supp. 65-6008, 65-6009 and 65-6010, and
amendments
thereto, unless the context clearly requires otherwise:
(a) ``AIDS'' means the disease acquired immune deficiency
syn-
drome.
(b) ``HIV'' means the human immunodeficiency virus.
(c) ``Positive reaction to an AIDS test'' means a positive
screening
test, approved by the secretary, indicating infection by HIV, with
a pos-
itive specific test as specified by the secretary comprising
confirmed an-
alytical results which are evidence of HIV infection.
(d) ``Secretary'' means the secretary of health and
environment.
(e) ``Physician'' means any person licensed to practice
medicine and
surgery.
(f) ``Laboratory director'' means the person responsible for
the pro-
fessional, administrative, organizational and educational duties of
a lab-
oratory.
(g) ``HIV infection'' means the presence of HIV in the
body.
(h) ``Racial/ethnic group'' shall be designated as either
white, black,
Hispanic, Asian/Pacific islander or American Indian/Alaskan
Native.
(i) ``Corrections officer'' means an employee of the
department of
corrections as defined in subsections (f) and (g) of K.S.A.
75-5202, and
amendments thereto.
(j) ``Emergency services employee'' means an attendant or
first re-
sponder as defined under K.S.A. 65-6112, and amendments
thereto, or a
firefighter.
(k) ``Law enforcement employee'' means:
(1) Any police officer or law enforcement officer as defined
under
K.S.A. 74-5602, and amendments thereto;
(2) any person in the service of a city police department or
county
sheriff's office who performs law enforcement duties without pay
and is
considered a reserve officer;
(3) any person employed by a city or county who is in charge
of a jail
or section of jail, including jail guards and those who conduct
searches of
persons taken into custody; or
(4) any person employed by a city, county or the state of
Kansas who
works as a scientist or technician in a forensic laboratory.
(l) ``Employing agency or entity'' means the agency or entity
employ-
ing a corrections officer, emergency services employee, law
enforcement
employee or jailer.
(m) ``Infectious disease'' means AIDS.
(n) ``Infectious disease tests'' means tests approved by the
secretary
for detection of infectious diseases.
(o) ``Juvenile correctional facility staff'' means an
employee of the ju-
venile justice authority working in a juvenile correctional
facility as de-
fined in K.S.A. 38-1602, and amendments thereto.
Sec. 13. K.S.A. 1997 Supp. 65-6008 is hereby amended to
read as
follows: 65-6008. (a) If a corrections officer, emergency services
employee
or, law enforcement employee or juvenile
correctional facility staff comes
in contact with or is otherwise is exposed
to transmission of body fluids
from one or more other persons while performing duties within the
scope
of such employee's duties as an employee, the head of the
employing
agency or entity may make application to a court of competent
jurisdiction
for an order requiring such other person or persons to submit to
infectious
disease tests.
(b) Such application shall include an allegation that the
person or
persons sought to be tested have been requested to
voluntarily submit
voluntarily to infectious disease tests and have refused the
tests. When
any such application is received, the court shall hold a hearing
forthwith
and shall issue its order thereon immediately if the court finds
that: (1)
There is probable cause to believe that the employee involved has
come
in contact with or otherwise has been exposed to
transmission of the body
fluids of the person or persons sought to be tested; and (2) the
person or
persons sought to be tested have been requested to submit to the
tests
and have refused, unless the court makes a further finding that
exigent
circumstances exist which would, in the court's
judgment, would excuse
the applicant from making such a request.
(c) If an infectious disease test ordered pursuant to this
section results
in a negative reaction, the court shall order the person tested to
submit
to another infectious disease test six months from the date the
first test
was administered.
(d) The results of any infectious disease test ordered
pursuant to this
section shall be disclosed to the court which ordered the test, the
em-
ployee and the person tested. If an infectious disease test ordered
pur-
suant to this section results in a positive reaction, the results
shall be
reported to the employee.
Sec. 14. K.S.A. 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 services.
(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-
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
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 and
the commissioner of juvenile justice;
(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 and the com-
missioner of juvenile justice;
(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.
(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.
(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. 15. K.S.A. 75-4362 is hereby amended to read as
follows: 75-
4362. (a) The director of the division of personnel services of the
de-
partment of administration shall have the authority to establish
and im-
plement a drug screening program for persons taking office as
governor,
lieutenant governor or attorney general and for applicants for
safety sen-
sitive positions in state government, but no applicant for such a
position
shall be required to submit to a test as a part of such program
unless the
applicant is first given a conditional offer of employment. The
director
also shall have the authority to establish and implement a drug
screening
program for persons currently holding the office of governor,
lieutenant
governor or attorney general or safety sensitive positions in state
govern-
ment, based upon reasonable suspicion of illegal drug use by any
such
person.
(b) Any public announcement or advertisement soliciting
applications
for employment in a safety sensitive position in state government
shall
include a statement of the requirements of the drug screening
program
established under this section for applicants for and employees
holding
such position.
(c) No person shall be terminated solely due to positive
results of a
test administered as a part of a program authorized by this section
if: (1)
The employee has not previously had a valid positive test result;
and (2)
the employee undergoes a drug evaluation and successfully
completes
any education or treatment program recommended as a result of
the
evaluation. Nothing herein shall be construed as prohibiting
demotions,
suspensions or terminations pursuant to K.S.A. 75-2949e or
75-2949f, and
amendments thereto.
(d) Except in hearings before the state civil service board
regarding
disciplinary action taken against the employee, the results
of any test
administered as a part of a program authorized by this section
shall be
confidential and shall not be disclosed publicly.
(e) The secretary of administration may adopt such rules and
regu-
lations as necessary to carry out the provisions of this
section.
(f) ``Safety sensitive positions'' means state law enforcement
officers
who are authorized to carry firearms, state corrections officers,
juvenile
correctional facility staff, heads of state agencies who are
appointed by
the governor and employees on the governor's staff.
(g) All persons employed within a correctional institution,
as defined
in K.S.A. 21-3826, and amendments thereto, or a juvenile
correctional
facility, as defined in K.S.A. 38-1602, and amendments thereto,
may be
subject to drug screening based upon reasonable suspicion of
illegal drug
use.
Sec. 16. K.S.A. 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
which include the following func-
tions in the juvenile justice authority:
(1) Operations. The commissioner shall operate the juvenile
intake
and assessment system as it relates to the juvenile offender;
provide tech-
nical assistance and help facilitate community collaboration;
license ju-
venile correctional facilities, programs and providers; assist in
coordinat-
ing 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 twenty-four-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. 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 access to such facility, records or personnel
pursuant
to subsection (a)(4)(B).
(4) Performance audit. (A) The commissioner
shall randomly shall
audit contracts to determine that service providers are performing
as re-
quired pursuant to the contract.
(B) Within the division of performance audit
conducting performance
audits, 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 authority to: (i) Enforce
compliance
with all contracts; (ii) perform audits as necessary to ensure
compliance
with the contracts. The inspector general shall have unlimited
access to
any and all facilities, records or personnel of any provider that
has con-
tracted with the commissioner to determine that such provider is in
com-
pliance 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. 75-7023, and amendments thereto, and the
predispositional in-
vestigation report, 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-
ment options, juvenile community 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 correc-
tions and juvenile justice oversight a recommendation to provide
for the
financial viability of the Kansas juvenile justice system. Such
recommen-
dation shall include a formula for the allocation of state funds to
com-
munity programs and a rationale in support of the recommendation.
Ad-
ditionally, the commissioner shall submit a recommendation,
approved
by the Kansas 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
rec-
ommendations, the commissioner shall avoid pursuing construction
or
expansion of state institutional capacity when appropriate
alternatives to
such placements 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 commissioner to head
each
division in the juvenile justice authority and such deputy
shall serve at
the pleasure of the commissioner. Any such deputy
commissioner shall
be in the unclassified service under the Kansas civil
service act.
Sec. 17. K.S.A. 38-1532 is hereby amended to read as
follows: 38-
1532. Upon the filing of a petition under this code the court shall
proceed
by one of the following methods:
(a) Issue summons stating the place and time at which the
parties are
required to appear and answer the allegations of the petition,
which shall
be within 30 days of the date the petition is filed, and deliver
the summons
with copies of the petition attached to the sheriff or a person
specially
appointed to serve it.
(b) If the child has been taken into protective custody under
the
provisions of K.S.A. 38-1542 and a temporary custody hearing is
held as
required by K.S.A. 38-1543, a copy of the petition shall be served
at the
hearing on each interested party who is in attendance at the
hearing and
a record of service made a part of the proceedings. The court shall
an-
nounce the time the parties will be required to next appear before
the
court. Process shall be served on any interested party not at the
temporary
custody hearing.
Upon the written request of the petitioner or the county or
district
attorney separate or additional summons shall be issued to any
interested
party.
The court shall attempt to notify both parents, if
known.
Sec. 18. K.S.A. 38-1532, 75-2935, 75-4362 and 75-7024 and
K.S.A.
1997 Supp. 38-1602, 38-1604, 38-1624, 38-1636, 38-1640, 38-1663,
38-
1691, 38-16,111, 38-16,129, 65-6001 and 65-6008 are hereby
repealed.
Sec. 19. On and after July 1, 1999, K.S.A. 1997 Supp.
38-1663, as
amended by section 7 of this act and K.S.A. 1996 Supp. 38-1663,
as
amended by section 64 of chapter 156 of the 1997 Session Laws of
Kansas
are hereby repealed.
Sec. 20. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved May 18, 1998
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