CHAPTER 29 HOUSE BILL No. 2016 (Amended by Chapter 158)

      An Act concerning the Kansas juvenile justice code; relating to juvenile corrections officers;
      training and powers and duties thereof; amending K.S.A. 38-1602 and 74-5602 and
      repealing the existing sections.

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

      Section  1. K.S.A. 38-1602 is hereby amended to read as follows: 38-
1602. As used in this code, unless the context otherwise requires:

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

      (b) ``Juvenile offender'' means a person who commits an offense
while a juvenile which if committed by an adult would constitute the
commission of a felony or misdemeanor as defined by K.S.A. 21-3105,
and amendments thereto, or who violates the provisions of K.S.A. 21-
4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amend-
ments 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 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 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. 38-1606a, and amendments thereto,
in a proceeding pursuant to this code.

      (l) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 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) ``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 sanc-
tions house.

      (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.

      (p) ``Educational institution'' means all schools at the elementary and
secondary levels.

      (q) ``Educator'' means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
72-89b03, and amendments thereto.

      (r) ``Juvenile corrections officer'' means a certified employee of the
juvenile justice authority working at a juvenile correctional facility as-
signed by the commissioner with responsibility for maintaining custody,
security and control of juveniles in the custody of the commissioner at a
juvenile correctional facility.

      (s) ``Investigator'' means an employee of the juvenile justice authority
assigned by the commissioner with the responsibility for investigations
concerning employees at the juvenile correctional facilities and juveniles
in the custody of the commissioner at a juvenile correctional facility.

      New Sec.  2. (a) The commissioner may adopt rules and regulations
establishing standards of training and provisions for certifying juvenile
corrections officers as defined in K.S.A. 38-1602, and amendments
thereto.

      (b) Except as provided in subsection (c), no person shall receive a
permanent appointment as a juvenile corrections officer unless awarded
a certificate by the commissioner which attests to satisfactory completion
of a basic course of instruction. Such course of instruction shall be ap-
proved by the commissioner and shall consist of not less than 160 hours
of instruction. The certificate shall be effective during the term of a per-
son's employment, except that any person who has terminated employ-
ment with the commissioner for a period exceeding one year shall be
required to be certified again.

      (c) The commissioner may award a certificate which attests to the
satisfactory completion of a basic course of instruction to any person who
has been duly certified under the laws of another state or territory if, in
the opinion of the commissioner, the requirements for certification in the
other jurisdiction are equal to or exceed the requirements for certification
in this state. The commissioner may waive any number of hours or courses
required to complete the basic course of instruction for any person who,
in the opinion of the commissioner, has received sufficient training or
experience that such hours of instruction would be unduly burdensome
or duplicitous.

      (d) Every juvenile corrections officer shall receive not less than 40
hours of in-service training annually.

      (e) The provisions of this section shall be part of and supplemental
to the Kansas juvenile justice code.

      New Sec.  3. (a) The superintendent of any juvenile correctional fa-
cility operated by the commissioner, all persons on the staff of the juvenile
justice authority who are in the chain of command from the commissioner
of juvenile justice to the juvenile corrections officer and every juvenile
corrections officer, regardless of rank and every investigator, while acting
within the scope of their duties as employees of the juvenile justice au-
thority, shall possess such powers and duties of a law enforcement officer
as are necessary for performing such duties for the purpose of regaining
or maintaining custody, security and control of any person in the custody
of the commissioner and may exercise such powers and duties anywhere
within the state of Kansas. Such powers and duties may be exercised
outside the state of Kansas for the purpose of maintaining custody, se-
curity and control of any person in the custody of the commissioner being
transported or escorted by anyone authorized to so act. Such employees
of the juvenile justice authority shall be responsible to and shall be at all
times under the supervision and control of the commissioner of juvenile
justice or the commissioner's designee.

      (b) The provisions of this section shall be part of and supplemental
to the Kansas juvenile justice code.

      Sec.  4. K.S.A. 74-5602 is hereby amended to read as follows: 74-
5602. As used in the Kansas law enforcement training act:

      (a) ``Training center'' means the law enforcement training center
within the division of continuing education of the university of Kansas,
created by K.S.A. 74-5603 and amendments thereto.

      (b) ``Commission'' means the Kansas law enforcement training com-
mission, created by K.S.A. 74-5606 and amendments thereto.

      (c) ``Dean'' means the dean of the division of continuing education
of the university of Kansas.

      (d) ``Director,'' as created in K.S.A. 74-5603 and amendments
thereto, means the director of police training at the law enforcement
training center.

      (e) ``Police officer'' or ``law enforcement officer'' means a full-time or
part-time salaried officer or employee of the state, a county or a city,
whose duties include the prevention or detection of crime and the en-
forcement of the criminal or traffic laws of this state or of any municipality
thereof. Such terms shall include, but not be limited to, the sheriff, un-
dersheriff and full-time or part-time salaried deputies in the sheriff's of-
fice in each county; deputy sheriffs deputized pursuant to K.S.A. 19-2858
and amendments thereto; conservation officers of the Kansas department
of wildlife and parks; campus police officers at all state educational insti-
tutions or a municipal university; law enforcement agents of the director
of alcoholic beverage control; law enforcement agents of the Kansas lot-
tery; law enforcement agents of the Kansas racing commission; deputies
and assistants of the state fire marshal having law enforcement authority;
capitol area security guards, existing under the authority of K.S.A. 75-
4503 and amendments thereto. Such terms shall also include railroad
policemen appointed pursuant to K.S.A. 66-524 and amendments
thereto; and school security officers designated as school law enforcement
officers pursuant to K.S.A. 72-8222 and amendments thereto. Such terms
shall not include any elected official, other than a sheriff, serving in the
capacity of a law enforcement or police officer solely by virtue of such
official's elected position; any attorney-at-law having responsibility for law
enforcement and discharging such responsibility solely in the capacity of
an attorney; any employee of the commissioner of juvenile justice, the
secretary of corrections or the secretary of social and rehabilitation serv-
ices; any deputy conservation officer of the Kansas department of wildlife
and parks; or any employee of a city or county who is employed solely to
perform correctional duties related to jail inmates and the administration
and operation of a jail; or any full-time or part-time salaried officer or
employee whose duties include the issuance of a citation or notice to
appear provided such officer or employee is not vested by law with the
authority to make an arrest for violation of the laws of this state or any
municipality thereof, and is not authorized to carry firearms when dis-
charging the duties of such person's office or employment. Such term
shall include any officer appointed or elected on a provisional basis.

      (f) ``Full-time'' means employment requiring at least 1,000 hours of
work per year.

      (g) ``Part-time'' means employment on a regular schedule or employ-
ment which requires a minimum number of hours each payroll period,
but in any case requiring less than 1,000 hours of work per year.

      (h) ``Misdemeanor crime of domestic violence'' means a violation of
domestic battery as provided by K.S.A. 2002 Supp. 21-3412a and amend-
ments thereto, or any other misdemeanor under federal, municipal or
state law that has as an element the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a current
or former spouse, parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person who is cohabiting
with or has cohabited with the victim as a spouse, parent or guardian, or
by a person similarly situated to a spouse, parent or guardian of the victim.

      (i) ``Auxiliary personnel'' means members of organized nonsalaried
groups which operate as an adjunct to a police or sheriff's department,
including reserve officers, posses and search and rescue groups.

 Sec.  5. K.S.A. 38-1602 and 74-5602 are hereby repealed.

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

Approved April 1, 2003.
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