Brief ⁽¹⁾

SB 302 amends the Kansas Juvenile Justice Code regarding dispositions to provide that a juvenile offender may be placed in the custody of the Commissioner of Juvenile Justice and be placed on probation for a fixed term but only if the court removes the youth from the parental home. The bill further provides that a court may not place a youth in the custody of the Commissioner unless the court removes the youth from the parental home.

Background

The bill was requested by the Juvenile Justice Authority (JJA) to help it manage its caseload more effectively. Under current law, juvenile offenders may be placed in the Commissioner's custody for years on an open-ended basis. Some youth remain in JJA custody after the youth has done all that is required under the Juvenile Justice Code in order to receive foster care services. Further, in some cases, youth are placed in JJA custody to be "eligible" for community services, medical services, or counseling.

The bill was opposed by Judge Graber from Sumner County as an unnecessary limitation on the discretion of the court. He said the bill would result in more out-of-home placements.

The bill has no known fiscal impact. The JJA reported the bill could lower its agency costs for purchase of services.

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/fulltext.cgi