CHAPTER 123 SENATE BILL No. 18 An Act concerning the juvenile justice authority; relating to juvenile justice program grants;
amending K.S.A. 2000 Supp. 75-7024 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 75-7024 is hereby amended to read as
follows: 75-7024. In addition to other powers and duties provided by law,
in administering the provisions of the juvenile justice code, the commis-
sioner of juvenile justice shall:

      (a) Establish divisions which include the following functions 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 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 con-
tracts 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 randomly shall audit
contracts to determine that service providers are performing as required
pursuant to the contract.

      (B) Within the division conducting performance audits, the commis-
sioner 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, re-
cords or personnel of any provider that has contracted with the commis-
sioner to determine that such provider is in compliance with the contracts;
and (iii) establish a statewide juvenile justice hotline to respond to any
complaints or concerns that have been received concerning juvenile jus-
tice.

      (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
investigation 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) 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.

      (p) Monitor placement trends and minority confinement.

      (q) Develop and submit to the joint committee on corrections and
juvenile justice oversight a recommendation to provide for the financial
viability of the Kansas juvenile justice system. Such recommendation shall
include a formula for the allocation of state funds to community programs
and a rationale in support of the recommendation. The commissioner
shall avoid pursuing construction or expansion of state institutional ca-
pacity when appropriate alternatives to such placements are justified. The
commissioner's recommendations shall identify a revenue source suffi-
cient to appropriately fund expenditures anticipated to be incurred sub-
sequent to expansion of community-based capacity and necessary to fi-
nance recommended capital projects.

      (r) 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.

      (s) 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.

      (t) After June 30, 2002, subject to appropriation acts, implement a
program to make grants for the juvenile justice programs, pursuant to
K.S.A. 75-7033, and amendments thereto, on a two-year funding cycle.

 Sec.  2. K.S.A. 2000 Supp. 75-7024 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 18, 2001.
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