Brief(1)
H.B. 2207 makes several statutory changes regarding juvenile offenders. Major features of the bill are as follows.
Battery Against Law Enforcement Officer. The penalty for battery against a law enforcement officer is raised from a severity level 6 person felony to a severity level 5 person felony.
Unlawful Sexual Relations. The bill expands the crime of unlawful sexual relations to include offenses against juveniles, 16 or older, who are confined to custody in a jail, sanctions house, or juvenile correctional facility or who are on conditional release from the facility and under the control of the offender or who are in custody of the Juvenile Justice Authority and under the control of the offender.
Another provision of the expanded crime of unlawful sexual relations is to include the elements of consensual lewd fondling or touching in the definition of unlawful sexual relations. This provision is similar to one contained in S.B. 131.
Aggravated Escape from Custody. Aggravated escape from custody for certain juvenile offenders is raised from the current severity level 6 person felony to a severity level 5 person felony.
Permanency Hearing. If a juvenile is placed outside the offender's home and reintegration is possible, a permanency hearing must be held within 12 months of the placement. Juvenile offenders who have been in extended out-of-home placement will have a permanency hearing within 30 days of a request by the Juvenile Justice Commissioner. If reintegration is not an alternative, and adoption or permanent guardianship is, the local prosecutor must file a petition requesting termination of parental rights or appointment of a permanent guardian under the Kansas Code for Care of Children.
The court may appoint a guardian ad litem to represent the juvenile offender at the permanency hearing. Notice and opportunity to be heard is expanded to include interested parties.
Departure Sentence. A departure sentence is subject to appeal by the defendant. Such an appeal will be according to rules adopted by the Supreme Court. The requirements of the appeal process are outlined in the bill. In imposing a departure, the court must find a substantial and compelling reason to impose the departure.
Placement Matrix. The placement matrix is contained in the bill and will be effective July 1, 2000. Categories contained and defined within the placement matrix include a violent offender I, a violent offender II, a serious offender I, a serious offender II, a chronic offender I, and a chronic offender II. Maximum terms of commitment and aftercare for the categories are also in the bill. These provisions are from H.B. 2437.
Kansas Youth Authority--Transfer of Powers. The Kansas Youth Authority would be abolished. All powers and duties of the Authority would be transferred to the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention. These provisions were contained in H.B. 2468.
Chronic Runaways--Placement. This provision would allow for the placement of chronic runaway juveniles as status offenders in a secure facility defined as a facility that ensures that all entrances and exits are under the exclusive control of the staff of the facility or which relies on locked rooms and buildings, fences, or physical restraint in order to control behavior of the residents. No secure facility can be in a city or county jail. These provisions are from H.B. 2301.
Juvenile Offender Code--Effective Dates. The effective date of two provisions of the Kansas Juvenile Offenders Code, K.S.A. 1998 Supp. 38-16,130 and K.S.A. 1998 Supp. 38-16,131 regarding minimum sentences and modification of sentences, has been extended from the current July 1, 1999 to July 1, 2000.
Extension of Sunset Provisions--Joint Committee on Corrections and Juvenile Justice Oversight. The bill extends the existence of the Joint Committee on Corrections and Juvenile Justice Oversight for one year to December 1, 2000.
Background
Supporters who testified in favor of the original bill include conferees from the Juvenile Justice Authority, Attorney General's Office, Department of Corrections, and Department of Social and Rehabilitation Services. Concern was expressed on behalf of the Office of Judicial Administration regarding the cost factor connected with the permanency planning provisions. Opposition was expressed by an official with the Southeast Kansas Regional Juvenile Detention Center concerning an original provision which would have removed the Kansas Advisory Group oversight of the administration of the Juvenile Detention Facilities Fund.
The fiscal note on the bill, as drafted, indicated an increase in the need for 35 additional prison bed spaces by the year 2009. An additional potential for increased bed spaces was cited due to the expansive changes to the unlawful sexual relations provisions. Additional costs of field supervision and facility construction were cited. The Juvenile Justice Authority noted there would be administrative costs involved. The Office of Judicial Administration expects an indeterminate fiscal impact on the Judiciary budget.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html