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AN ACT concerning juveniles; amending K.S.A. 1995 Supp. 38-1607, as
  amended by section 46 of chapter 229 of the 1996 Session Laws of
  Kansas, and 38-1663, as amended by section 81 of chapter 229 of the
  1996 Session Laws of Kansas and K.S.A. 1996 Supp. 38-120 and re-
  pealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
  Sec. 1.  K.S.A. 1996 Supp. 38-120 is hereby amended to read as fol-
lows: 38-120. Any person receiving bodily injury or any person, partner-
ship, corporation, political subdivision or other entity whose property has
been damaged or destroyed shall be entitled to recover damages in an
appropriate action at law in a court of competent jurisdiction from the
parents of any child, living with the parents, who maliciously or willfully
injured such person or damaged or destroyed such property while under
the age of 18 years. Such recovery shall be limited to the actual damages
in an amount not to exceed $5,000, in addition to taxable court costs,
unless the court or jury finds that the malicious or willful act of such
minor causing such injury, damage or destruction is the result of parental
neglect, in which event the $5,000 limitation does not apply. Recovery
under this section for bodily injury shall be limited to actual medical
expenses.
  Sec. 2.  K.S.A. 1995 Supp. 38-1607, as amended by section 46 of
chapter 229 of the 1996 Session Laws of Kansas, is hereby amended to
read as follows: 38-1607. (a) Official file. The official file of proceedings
pursuant to this code shall consist of the complaint, process, service of
process, orders, writs and journal entries reflecting hearings held and
judgments and decrees entered by the court. The official file shall be kept
separate from other records of the court.
  (b)  The official file shall be open for public inspection as to any ju-
venile 14 or more years of age at the time any act is alleged to have been
committed; as to any juvenile less than 14 years of age at the time the act
which would constitute a felony if committed by an adult is alleged to
have been committed; or as to any juvenile less than 14 years of age at
the time any other act is alleged to have been committed except if the
judge determines that opening the official file for public inspection is not
in the best interest of such juvenile who is less than 14 years of age.
Information identifying victims and alleged victims of sex offenses, as
defined in K.S.A. chapter 21, article 35, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this section shall
prohibit the victim or alleged victim of any sex offense from voluntarily
disclosing their identity. If the judge determines that a juvenile file, for
a juvenile who is less than 14 years of age, shall not be open for public
inspection, the official file and information identifying the victim or al-
leged victim of any sex offense shall be disclosed only to the following
parties:
  (1)  A judge of the district court and members of the staff of the court
designated by the judge;
  (2)  parties to the proceedings and their attorneys;
  (3)  any individual, or any public or private agency or institution, hav-
ing custody of the juvenile under court order or providing educational,
medical or mental health services to the juvenile or a court-approved
advocate for the juvenile or any placement provider or potential place-
ment provider as determined by the commissioner or court services of-
ficer;
  (4)  law enforcement officers or county or district attorneys or their
staff when necessary for the discharge of their official duties;
  (5)  the Kansas racing commission, upon written request of the com-
mission chairperson, for the purpose provided by K.S.A. 74-8804, and
amendments thereto;
  (6)  the juvenile intake and assessment workers;
  (7)  the commissioner of juvenile justice; and
  (8)  any other person when authorized by a court order, subject to any
conditions imposed by the order.
  (c)  Social file. Reports and information received by the court other
than the official file shall be privileged and open to inspection only by
attorneys for the parties, juvenile intake and assessment workers or upon
order of a judge of the district court or an appellate court. The reports
shall not be further disclosed by the attorney without approval of the
court or by being presented as admissible evidence.
  (d)  Preservation of records. The Kansas state historical society shall
be allowed to take possession for preservation in the state archives of any
court records related to proceedings under the Kansas juvenile justice
code whenever such records otherwise would be destroyed. The Kansas
state historical society shall make available for public inspection any unex-
punged docket entry or official file in its custody concerning any juvenile
16 or more years of age at the time an offense is alleged to have been
committed by the juvenile. No other such records in the custody of the
Kansas state historical society shall be disclosed directly or indirectly to
anyone for 80 years after creation of the records, except as provided in
subsections (b) and (c). Pursuant to subsections (b)(7) and (c), a judge of
the district court may allow inspection for research purposes of any court
records in the custody of the Kansas state historical society related to
proceedings under the Kansas juvenile justice code.
  (e)  Relevant information, reports and records shall be made available
to the department of corrections upon request and a showing that the
former juvenile has been convicted of a crime and placed in the custody
of the secretary of the department of corrections.
  Sec. 3.  K.S.A. 1995 Supp. 38-1663, as amended by section 81 of
chapter 229 of the 1996 Session Laws of Kansas, is hereby amended to
read as follows: 38-1663. (a) When a respondent has been adjudged to
be a juvenile offender, the judge may select from the following alterna-
tives:
  (1)  Place the juvenile offender on probation for a fixed period, subject
to the terms and conditions the court deems appropriate, including a
requirement of making restitution as required by subsection (d).
  (2)  Place the juvenile offender in the custody of a parent or other
suitable person, subject to the terms and conditions the court orders,
including a requirement of making restitution as required by subsection
  (d).
  (3)  Place the juvenile offender in the custody of a youth residential
facility, subject to the terms and conditions the court orders.
  (4)  Place the juvenile offender in the custody of the commissioner.
  (5)  Impose any appropriate combination of subsections (a)(1) and (2),
subsection (a)(3) or subsection (a)(4) and make other orders directed to
the juvenile offender as the court deems appropriate.
  (6)  Commit the juvenile offender, if 13 years of age or older, to a
juvenile correctional facility if the juvenile offender:
  (A)  Has previously been adjudged as a juvenile offender under this
code or as a delinquent or miscreant under the Kansas juvenile code; or
  (B)  has been adjudicated a juvenile offender as a result of having
committed an act which, if done by a person 18 years of age or over,
would constitute a class A, B or C felony as defined by the Kansas criminal
code or, if done on or after July 1, 1993, would constitute an off-grid
crime or a nondrug crime ranked in severity level 1 through 5 or a drug
crime ranked in severity level 1 through 3.
  (7)  Place the juvenile offender under a house arrest program admin-
istered by the court pursuant to K.S.A. 21-4603b and amendments
thereto.
  (b) (1)  In addition to any other order authorized by this section, the
court may order the: (A) Juvenile offender and the parents of the juvenile
offender to:
  (i)  Attend counseling sessions as the court directs; or
  (ii)  participate in mediation as the court directs. Participants in such
mediation may include, but shall not be limited to, the victim, the juvenile
offender and the juvenile offender's parents. Mediation shall not be man-
datory for the victim; or
  (B)  parents of the juvenile offender to participate in parenting classes;
or
  (C)  juvenile offender to successfully participate in a program of ed-
ucation offered by a local board of education including placement in an
alternative educational program approved by a local board of education.
  (2)  Upon entering an order requiring a juvenile offender's parent to
attend counseling sessions or mediation, the court shall give the parent
notice of the order. The notice shall inform the parent of the parent's
right to request a hearing within 10 days after entry of the order and the
parent's right to employ an attorney to represent the parent at the hearing
or, if the parent is financially unable to employ an attorney, the parent's
right to request the court to appoint an attorney to represent the parent.
If the parent does not request a hearing within 10 days after entry of the
order, the order shall take effect at that time. If the parent requests a
hearing, the court shall set the matter for hearing and, if requested, shall
appoint an attorney to represent the parent. The expense and fees of the
appointed attorney may be allowed and assessed as provided by K.S.A.
38-1606 and amendments thereto.
  (3)  The costs of any counseling or mediation may be assessed as ex-
penses in the case. No mental health center shall charge a fee for court-
ordered counseling greater than that the center would have charged the
person receiving the counseling if the person had requested counseling
on the person's own initiative. No mediator shall charge a fee for court-
ordered mediation greater than that the mediator would have charged
the person participating in the mediation if the person had requested
mediation on the person's own initiative.
  (c) (1)  If a respondent has been adjudged to be a juvenile offender,
the court, in addition to any other order authorized by this section, may
suspend the juvenile offender's driver's license or privilege to operate a
motor vehicle on the streets and highways of this state. The duration of
the suspension ordered by the court shall be for a definite time period to
be determined by the court. Upon suspension of a license pursuant to
this subsection, the court shall require the juvenile offender to surrender
the license to the court, which shall transmit the license to the division
of motor vehicles of the department of revenue, to be retained until the
period of suspension expires. At that time, the licensee may apply to the
division for return of the license. If the license has expired, the juvenile
offender may apply for a new license, which shall be issued promptly
upon payment of the proper fee and satisfaction of other conditions es-
tablished by law for obtaining a license unless another suspension or rev-
ocation of the juvenile offender's privilege to operate a motor vehicle is
in effect. As used in this subsection, ``highway'' and ``street'' have the
meanings provided by K.S.A. 8-1424 and 8-1473, and amendments
thereto. Any respondent who is adjudged to be a juvenile offender who
does not have a driver's license may have such juvenile offender's driving
privileges revoked. No Kansas driver's license shall be issued to a juvenile
offender whose driving privileges have been revoked pursuant to this
section for a definite time period to be determined by the court.
  (2)  In lieu of suspending the driver's license or privilege to operate
a motor vehicle on the highways of this state of any respondent adjudged
to be a juvenile offender, as provided in subsection (c)(1), the court in
which such juvenile offender was adjudged to be a juvenile offender may
enter an order which places conditions on such juvenile offender's priv-
ilege of operating a motor vehicle on the highways of this state, a certified
copy of which such juvenile offender shall be required to carry any time
such juvenile offender is operating a motor vehicle on the highways of
this state. Any such order shall prescribe the duration of the conditions
imposed and shall specify that such duration shall be for a definite time
period to be determined by the court. Upon entering an order restricting
a juvenile offender's license hereunder, the court shall require such ju-
venile offender to surrender such juvenile offender's driver's license to
the court who shall cause it to be transmitted to the division of vehicles,
together with a copy of the order. Upon receipt thereof, the division of
vehicles shall issue without charge a driver's license which shall indicate
on its face that conditions have been imposed on such juvenile offender's
privilege of operating a motor vehicle and that a certified copy of the
order imposing such conditions is required to be carried by the juvenile
offender for whom the license was issued any time such juvenile offender
is operating a motor vehicle on the highways of this state. If the juvenile
offender convicted is a nonresident, the court shall cause a copy of the
order to be transmitted to the division and the division shall forward a
copy of it to the motor vehicle administrator of such juvenile offender's
state of residence. Such court shall furnish to any juvenile offender whose
driver's license has had conditions imposed on it under this section a copy
of the order, which shall be recognized as a valid Kansas driver's license
until such time as the division shall issue the restricted license provided
for in this subsection. Upon expiration of the period of time for which
conditions are imposed pursuant to this subsection, the licensee may ap-
ply to the division for the return of the license previously surrendered by
such licensee. In the event such license has expired, such juvenile of-
fender may apply to the division for a new license, which shall be issued
immediately by the division upon payment of the proper fee and satis-
faction of the other conditions established by law, unless such juvenile
offender's privilege to operate a motor vehicle on the highways of this
state has been suspended or revoked prior thereto. If any juvenile of-
fender shall violate any of the conditions imposed under this subsection,
such juvenile offender's driver's license or privilege to operate a motor
vehicle on the highways of this state shall be revoked for a period as
determined by the court in which such juvenile offender is convicted of
violating such conditions.
  (d)  Whenever a juvenile offender is placed pursuant to subsection
  (a)(1) or (2), the court, unless it finds compelling circumstances which
would render a plan of restitution unworkable, shall order the juvenile
offender to make restitution to persons who sustained loss by reason of
the offense. The restitution shall be made either by payment of an amount
fixed by the court or by working for the persons in order to compensate
for the loss. If the court finds compelling circumstances which would
render a plan of restitution unworkable, the court may order the juvenile
offender to perform charitable or social service for organizations perform-
ing services for the community.
  Nothing in this subsection shall be construed to limit a court's authority
to order a juvenile offender to make restitution or perform charitable or
social service under circumstances other than those specified by this sub-
section or when placement is made pursuant to subsection (a)(3) or (4).
  (e)  In addition to or in lieu of any other order authorized by this
section, the court may order a juvenile offender to pay a fine not exceed-
ing $250 for each offense. In determining whether to impose a fine and
the amount to be imposed, the court shall consider the following:
  (1)  Imposition of a fine is most appropriate in cases where the juve-
nile offender has derived pecuniary gain from the offense.
  (2)  The amount of the fine should be directly related to the serious-
ness of the juvenile offender's offense and the juvenile offender's ability
to pay.
  (3)  Payment of a fine may be required in a lump sum or installments.
  (4)  Imposition of a restitution order is preferable to imposition of a
fine.
  (5)  The juvenile offender's duty of payment should be limited in du-
ration and in no event should the time necessary for payment exceed the
maximum term which would be authorized if the offense had been com-
mitted by an adult.
  (f)  In addition to or in lieu of any other order authorized by this
section, if a juvenile is adjudged to be a juvenile offender by reason of a
violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
65-4154 or 65-4155 or K.S.A. 1995 Supp. 8-1599, and amendments
thereto, the court shall order the juvenile offender to submit to and com-
plete an alcohol and drug evaluation by a community-based alcohol and
drug safety action program certified pursuant to K.S.A. 8-1008 and
amendments thereto and to pay a fee not to exceed the fee established
by that statute for such evaluation, except that such evaluation may be
waived by the court if the court finds that the juvenile offender has suc-
cessfully completed an alcohol and drug evaluation, approved by the com-
munity-based alcohol and drug safety action program, within 12 months
of the offender's arrest on this offense. If such evaluation occurred more
than 12 months after the offender's arrest on this offense, the court shall
order the juvenile offender to resubmit to and complete such evaluation
and program as provided herein. If the court finds that the juvenile of-
fender and those legally liable for the offender's support are indigent, the
fee may be waived. In no event shall the fee be assessed against the
commissioner or the juvenile justice authority. The court may require the
parent or guardian of the juvenile offender to attend such program with
the juvenile offender.
  (g)  The board of county commissioners of a county may provide by
resolution that the parents or guardians of any juvenile offender placed
under a house arrest program pursuant to subsection (a)(7) shall be re-
quired to pay to the county the cost of such house arrest program. The
board of county commissioners shall further prepare a sliding financial
scale based on the ability of the parents to pay for such a program.
  (h)  In addition to any other order authorized by this section, if child
support has been requested and the parent or parents have a duty to
support the respondent the court may, and when custody is placed with
the commissioner shall, order one or both parents to pay child support.
The court shall determine, for each parent separately, whether the parent
is already subject to an order to pay support for the respondent. If the
parent is not presently ordered to pay support for the respondent and
the court has personal jurisdiction over the parent, the court shall order
the parent to pay child support in an amount determined under K.S.A.
38-16,117 and amendments thereto. Except for good cause shown, the
court shall issue an immediate income withholding order pursuant to
K.S.A. 23-4,105 et seq. and amendments thereto for each parent ordered
to pay support under this subsection, regardless of whether a payor has
been identified for the parent. A parent ordered to pay child support
under this subsection shall be notified, at the hearing or otherwise, that
the child support order may be registered pursuant to K.S.A. 38-16,119
and amendments thereto. The parent shall also be informed that, after
registration, the income withholding order may be served on the parent's
employer without further notice to the parent and the child support order
may be enforced by any method allowed by law. Failure to provide this
notice shall not affect the validity of the child support order.
  (i)  Any order issued by the judge pursuant to this section shall be in
effect immediately upon entry into the judge's minutes.
  (j)  In addition to any other order authorized by this section, the court
shall order the: (1) Juvenile offender to perform charitable or social service
for organizations performing services for the community; and
  (2)  parents of the juvenile offender to participate in the parenting
classes.
  Sec. 4.  K.S.A. 1995 Supp. 38-1607, as amended by section 46 of
Chapter 229 of the 1996 Session Laws of Kansas, and 38-1663, as
amended by section 81 of Chapter 229 of the 1996 Session Laws of Kan-
sas, and K.S.A. 1996 Supp. 38-120  are hereby repealed.
  Sec. 5.  This act shall take effect and be in force from and after its
publication in the statute book.