CHAPTER 26
HOUSE BILL No. 2089
An Act concerning juvenile justice; relating to juvenile
corrections advisory boards;
amending K.S.A. 75-7044 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 75-7044 is hereby
amended to read as follows: 75-
7044. On and after July 1, 1997:
(a) Subject to the other provisions of
this section, each juvenile cor-
rections advisory board established under K.S.A. 75-7038 through
75-
7053, and amendments thereto, shall consist of 12 or more members
who
shall be representative of law enforcement, prosecution, the
judiciary,
education, corrections, ethnic minorities, the social services and
the gen-
eral public and shall be appointed as follows:
(1) The law enforcement representatives
shall be:
(A) The sheriff or, if two or more
counties are cooperating, the sheriff
selected by the sheriffs of those counties, or the designee of that
sheriff;
and
(B) the chief of police of the city with
the largest population at the
time the board is established or, if two or more counties are
cooperating,
the chief of police selected by the chiefs of police of each city
with the
largest population in each county at the time the board is
established, or
the designee of that chief of police, except that for purposes of
this par-
agraph in the case of a county having consolidated law enforcement
and
not having a sheriff or any chiefs of police, ``sheriff'' means the
law en-
forcement director and ``chief of police of the city with the
largest pop-
ulation'' or ``chief of police'' means a law enforcement officer,
other than
the law enforcement director, appointed by the county law
enforcement
agency for the purposes of this section;
(2) the prosecution representative shall
be the county or district at-
torney or, if two or more counties are cooperating, a county or
district
attorney selected by the county and district attorneys of those
counties,
or the designee of that county or district attorney;
(3) the judiciary representative shall be
the judge of the district court
of the judicial district, who is assigned the juvenile court docket
or the
judge who is assigned most juvenile court cases, or if there is
more than
one judge in the judicial district who is assigned the juvenile
court docket,
the administrative judge of such judicial district shall appoint
one of the
judges who is assigned the juvenile court docket, containing the
county
or group of counties or, if two or more counties in two or more
judicial
districts are cooperating, the judge of each such judicial
district, who is
assigned the juvenile court docket or the judge who is assigned
most
juvenile court cases, or if there is more than one judge in the
judicial
district who is assigned the juvenile court docket, the
administrative judge
of such judicial district shall appoint one of the judges who is
assigned
the juvenile court docket;
(4) the education representative shall be
an educational professional
appointed by the board of county commissioners of the county or, if
two
or more counties are cooperating, by the boards of county
commissioners
of those counties;
(5) a court services officer designated
by the judge of the district
court of the judicial district, who is assigned the juvenile court
docket or
the judge who is assigned most juvenile court cases, or if there is
more
than one judge in the judicial district who is assigned the
juvenile court
docket, the administrative judge of such judicial district shall
appoint one
of the judges who is assigned the juvenile court docket, containing
the
county or group of counties or, if counties in two or more judicial
districts
are cooperating, a court services officer designated by the judges
of those
judicial districts, who are assigned the juvenile court docket or
the judges
who are assigned most juvenile court cases;
(6) an executive director of the
community mental health center or
such director's designee or in the absence of such position, the
board of
county commissioners of the county shall appoint or, if two or more
coun-
ties are cooperating, the boards of county commissioners of those
counties
shall together appoint a representative of mental health service
providers
for juveniles in such county or counties;
(7) the board of county commissioners of
the county shall appoint or,
if two or more counties are cooperating, the boards of county
commis-
sioners of those counties shall together appoint at least
three and no more
than six additional members of the juvenile corrections
advisory board
or, if necessary, additional members so that each county which is
not
otherwise represented on the board is represented by at least one
mem-
ber of such board; and
(8) three members of the juvenile
corrections advisory board shall be
appointed by cities located within the county or group of
cooperating
counties as follows:
(A) If there are three or more cities of
the first class, the governing
body of each of the three cities of the first class having the
largest pop-
ulations shall each appoint one member;
(B) if there are two cities of the first
class, the governing body of the
larger city of the first class shall appoint two members and the
governing
body of the smaller city of the first class shall appoint one
member;
(C) if there is only one city of the
first class, the governing body of
such city shall appoint all three members; and
(D) if there are no cities of the first
class, the governing body of each
of the three cities having the largest populations shall each
appoint one
member.
(b) If possible, of the members appointed
by the boards of county
commissioners in accordance with subsection (a)(6)
(a)(7) and by the
governing bodies of cities in accordance with subsection
(a)(7) (a)(8),
members shall be representative of one or more of the
following:
(1) Public or private social service
agencies;
(2) ex-offenders;
(3) the health care professions; and
(4) the general public.
(c) At least two members of each juvenile
corrections advisory board
shall be representative of ethnic minorities and no more than 2/3
of the
members of each board shall be members of the same gender.
(d) In lieu of the provisions of
subsections (a) through (c), a group of
cooperating counties as provided in subsection (a)(2) of K.S.A.
75-7052,
and amendments thereto, may establish a juvenile corrections
advisory
board which such board's membership shall be determined by such
group
of counties through cooperative action pursuant to the provisions
of
K.S.A. 12-2901 through 12-2907, and amendments thereto, to the
extent
that those statutes do not conflict with the provisions of K.S.A.
75-7038
through 75-7053, and amendments thereto, except that if two or
more
counties in two or more judicial districts are cooperating, the
administra-
tive judge of each such judicial district, or a judge of the
district court
designated by each such administrative judge shall be a member of
such
board. In determining the membership of the juvenile corrections
advi-
sory board pursuant to this subsection, such group of counties
shall ap-
point members who are representative of law enforcement,
prosecution,
the judiciary, education, corrections, ethnic minorities, the
social services
and the general public. Any juvenile corrections advisory board
estab-
lished and the membership determined pursuant to this subsection
shall
be subject to the approval of the commissioner of juvenile
justice.
(e) In lieu of the provisions of
subsections (a) through (d) and subject
to the approval of the commissioner of juvenile justice, any county
may
designate the corrections advisory board, as established in K.S.A.
75-5297,
and amendments thereto, as such county's juvenile corrections
advisory
board. For the purposes of K.S.A. 75-7038 through 75-7053, and
amend-
ments thereto, if a county designates the corrections advisory
board as
provided by this subsection, membership on such board shall be
expanded
to comply with the requirements of subsection (a).
Sec. 2. K.S.A. 75-7044 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 1, 2003.
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