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Minutes for HB2264 - Committee on Corrections and Juvenile Justice
Short Title
Allowing juveniles who commit a crime using a firearm to be sentenced to placement in a juvenile correctional facility.
Minutes Content for Wed, Feb 8, 2017
Natalie Scott gave an overview of HB2264. Scott provided the committee with 22 proposed amendments. (Attachment 1) (Attachment 2) (Attachment 3) (Attachment 4) (Attachment 5) (Attachment 6) (Attachment 7) (Attachment 8) (Attachment 9) (Attachment 10) (Attachment 11) (Attachment 12) (Attachment 13) (Attachment 14) (Attachment 15) (Attachment 16) (Attachment 17)
Benet Magnuson, Executive Director, testified on behalf of the Kansas Appleseed Center for Law and Justice. Magnuson recommended three additions to 2016 SB367 regarding concerns that were not fully addressed in those reforms: 1) add a specific requirement that the Oversight Committee study and make recommendations by January 1, 2019, to address the disparate treatment of, and inadequate resources for, youth with mental health needs and youth with disabilities, as well as the disproportionate punishment of youth of color; 2) amending K.S.A. 38-2333 to require parental representation during interrogation of all youth; 3) create a presumption against the use of restraints on juveniles in court, permitting the use of restraints on a juvenile court only after providing the juvenile's attorney with an opportunity to be heard and finding that the restraints are the least restrictive means necessary to prevent flight or harm to the juvenile others. (Attachment 18)
Professor Melanie DeRousse testified on behalf of the Douglas County Legal Aid Society. DeRousse requested allowing three technical violations before a probation revocation proceeding may commence provides an important safeguard for children who do not have control of the behavior or resources of the adults in their lives as well as for children who, by virtue of immaturity, disability, or other aspects of development, less equipped to follow through on commitments and appointments. (Attachment 19)
Rick Cagan testified on behalf of National Alliance on Mental Illness of Kansas. Cagan stated they would like to see language included to require the Oversight Committee to study and make recommendations by January 1, 2019 to address disparities in treatment, including the adequacy of resources, for youth with mental health needs and other disabilities, as well as the disproportionate punishment of youth of color. He said they would also like to see language which ends the practice of indiscriminate shackling of youth during court proceedings which raises concerns about unnecessarily re-traumatizing youth offenders. (Attachment 20)
Amy Raymond, Director of Trial Court Programs, testified on behalf of the Office of Judicial Administration (OJA). Raymond proposed amendments to these five sections of SB367 - K.S.A. 38-2392 (Section 2), K.S.A. 38-2395 (Section 6), K.S.A. 38-2398 (Section 9), K.S.A. 38-2360 (Section 41) and K.S.A. 75-70023 (Section 63) - would grant both Kansas Department of Corrections (KDOC) and the Judicial Branch the authority to develop rules, orders, regulations, policies, or procedures to apply to court services officers or community corrections officers, as appropriate. (Attachment 21)
Cody McArthur, Legislative Chair, testified on behalf of the Kansas Association of Court Services Officers (KACSO). McArthur recommended three changes: 1) Setting cumulative detention limits for juvenile offender cases; 2) The striking of "danger to self" as criteria for detention; 3) Obtaining a warrant on a youth after three violations. (Attachment 22)
David McKune testified on behalf of himself and his wife, Kathleen McKune. McKune recommended four changes as follows: 1) Parental representation for police interrogation and school suspensions; 2) Delay of fingerprints and photographs until after adjudication; 3) Improved training; 4) De-criminalize minor actions by students and treat as disciplinary matters. (Attachment 23)
Don Hymer, Jr., Assistant District Attorney, Johnson County, Kansas, Juvenile, testified on behalf of Kansas County and District Attorneys Association. Hymer recommended seven amendments as follows: 1) Modification of the Juvenile Sentencing Matrix; 2) Case and probation term limits; 3) Waiver to adult status and Extended Juvenile Jurisdiction Prosecution (EJJP); 4) Memorandum of Understanding (MOU) for the school districts within each judicial district; 5) Detention Risk Assessment Tool; 6) Immediate Intervention Programs (IIP) also referred to as diversion in many jurisdictions; 7) The ability to place an offender in secure detention. (Attachment 24)
Honorable Thomas Foster testified as a proponent for 2016 SB367. Foster stated he continued to be a supporter of the bill you passed last session. You established an oversight committee to guide and monitor implementation of the legislation and make data-driven recommendations if change is needed. Changes that are not data driven and research based should not be made. (Attachment 25)
Written only testimony was submitted by Secretary Joe Norwood, Kansas Department of Corrections (Attachment 26); Honorable Taylor Wine, KS District Magistrate Judges Association (Attachment 27); Honorable Merlin Wheeler, Kansas District Judges Association (Attachment 28); Dr. Micah Kubic, American Civil Liberties Union of Kansas (Attachment 29); Heidi Holliday, Kansas Center for Economic Growth (Attachment 30); Kasey Considine, Disability Rights Center of Kansas (Attachment 31); and Katie Whisman, Kansas Bureau of Investigation (Attachment 32).
The Committee had questions and comments.
Chairperson Jennings called for final questions from the Committee. He will hold the hearing open.
Chairperson Jennings adjourned the meeting.
