H Sub. for SB 69--Am. by H on EFA
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[As Amended by House on Emergency Final Action]
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Session of 1997
[el2]SENATE BILL No. 69
By Select Committee on Corrections and Juvenile
Justice
[el2]4-9
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11 AN ACT concerning juveniles; amending K.S.A. 20-1a11, 21-3612, as
12 amended by section 25 of chapter 229 of the 1996 Session Laws of
13 Kansas, 22-4701, as amended by section 27 of chapter 229 of the 1996
14 Session Laws of Kansas, 38-1604, as amended by section 42 of chapter
15 229 of the 1996 Session Laws of Kansas, 38-1604, as amended by
16 section 46 of this act, 38-1610, as amended by section 50 of chapter
17 229 of the 1996 Session Laws of Kansas, 38-1618, as amended by
18 section 59 of chapter 229 of the 1996 Session Laws of Kansas, 38-1632,
19 as amended by section 64 of chapter 229 of the 1996 Session Laws of
20 Kansas, 38-1633, as amended by section 65 of chapter 229 of the 1996
21 Session Laws of Kansas, 38-1636, as amended by section 67 of chapter
22 229 of the 1996 Session Laws of Kansas, 38-1636, as amended by
23 section 57 of this act, 38-1661, as amended by section 79 of chapter
24 229 of the 1996 Session Laws of Kansas, 38-1662, as amended by
25 section 80 of chapter 229 of the 1996 Session Laws of Kansas, 38-1674,
26 as amended by section 89 of chapter 229 of the 1996 Session Laws of
27 Kansas, 38-1674, as amended by section 68 of this act, 38-1681, as
28 amended by section 93 of chapter 229 of the 1996 session laws of
29 Kansas, 38-1681, as amended by section 73 of this act, 38-1691, as
30 amended by section 95 of chapter 229 of the 1996 Session Laws of
31 Kansas, 38-16,111, as amended by section 97 of chapter 229 of the
32 1996 session laws of Kansas, 38-16,111, as amended by section 77 of
33 this act, 72-978, as amended by section 120 of chapter 229 of the 1996
34 Session Laws of Kansas, 75-5291, 76-2101, as amended by section 140
35 of chapter 229 of the 1996 Session Laws of Kansas, 76-2101a, as
36 amended by section 141 of chapter 229 of the 1996 Session Laws of
37 Kansas, 76-2101b, as amended by section 142 of chapter 229 of the
38 1996 Session Laws of Kansas, 76-2125, as amended by section 145 of
39 chapter 229 of the 1996 Session Laws of Kansas, 76-2128, as amended
40 by section 146 of chapter 229 of the 1996 Session Laws of Kansas, 76-
41 2201, as amended by section 147 of chapter 229 of the 1996 Session
42 Laws of Kansas, 76-2201a, as amended by section 148 of chapter 229
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1
2 -of the 1996 Session Laws of Kansas, and 76-2219, as amended by
3 section 149 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A.
4 1995 Supp. 38-1602, as amended by section 41 of chapter 229 of the
5 1996 Session Laws of Kansas, 38-1602, as amended by section 44 of
6 this act, 38-1608, as amended by section 48 of chapter 229 of the 1996
7 Session Laws of Kansas, 38-1611, as amended by section 51 of chapter
8 229 of the 1996 Session Laws of Kansas, 38-1635, as amended by
9 section 66 of chapter 229 of the 1996 Session Laws of Kansas, 38-1663,
10 as amended by section 81 of chapter 229 of the 1996 Session Laws of
11 Kansas, 38-1652, as amended by section 73 of chapter 229 of the 1996
12 Session Laws of Kansas, 38-1663, as amended by section 63 of this act,
13 38-1668, as amended by section 85 of chapter 229 of the 1996 Session
14 Laws of Kansas, 38-1671, as amended by section 86 of chapter 229 of
15 the 1996 Session Laws of Kansas, 38-1673, as amended by section 88
16 of chapter 229 of the 1996 Session Laws of Kansas, 38-1675, as
17 amended by section 90 of chapter 229 of the 1996 Session Laws of
18 Kansas, 38-1675, as amended by section 70 of this act, 38-1676, as
19 amended by section 91 of chapter 229 of the 1996 Session Laws of
20 Kansas, and 74-9501, as amended by section 127 of chapter 229 of the
21 1996 Session Laws of Kansas, and K.S.A. 1996 Supp. 21-2511, 21-3413,
22 28-170, 38-1507, 38-1508, 38-1522, 38-1613, 38-1614, 38-1640, 38-
23 1692, 38-16,126, 38-16,128, 38-1808, 40-1909, 40-19c09, 72-89a02,
24 74-8810, 75-2935, 75-2935b, 75-6102, 75-6104, 75-6801, 75-7007,
25 75-7008, 75-7009, 75-7021, 75-2023, 75-7024, 75-7025, 75-7026, 75-
26 7028, 76-6b04, 76-3201 and 79-4803 and repealing the existing sec-
27 tions; also repealing K.S.A. 21-2511, as amended by section 22 of chap-
28 ter 229 of the 1996 Session Laws of Kansas, 21-3413, as amended by
29 section 23 of chapter 229 of the 1996 Session Laws of Kansas, 21-3611,
30 as amended by section 24 of chapter 229 of the 1996 Session Laws of
31 Kansas, 28-170, as amended by section 28 of chapter 229 of the 1996
32 Session Laws of Kansas, 38-1613, as amended by section 52 of chapter
33 229 of the 1996 Session Laws of Kansas, 38-1614, as amended by
34 section 53 of chapter 229 of the 1996 Session Laws of Kansas, 38-1640,
35 as amended by section 71 of chapter 229 of the 1996 Session Laws of
36 Kansas, 38-1672, as amended by section 87 of chapter 229 of the 1996
37 Session Laws of Kansas, 38-1801, 38-1802, 38-1803, 38-1805, 38-1806,
38 38-1809, 38-1810, 38-1811, 40-1909, as amended by section 110 of
39 chapter 229 of the 1996 Session Laws of Kansas, and 74-5363, as
40 amended by section 124 of chapter 229 of the 1996 Session Laws of
41 Kansas, K.S.A. 1995 Supp. 38-1692, as amended by section 96 of chap-
42 ter 229 of the 1996 Session Laws of Kansas, 40-19c09, as amended by
43 section 113 of chapter 229 of the 1996 Session Laws of Kansas, and
44 74-8810, as amended by section 126 of chapter 229 of the 1996 Session
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2 -Laws of Kansas and K.S.A. 1996 Supp. 38-1804, 38-1807 and 75-7010.
3
4 Be it enacted by the Legislature of the State of Kansas:
5 New Section 1. On and after July 1, 1997:
6 (a) In order to provide technical assistance to communities, help fa-
7 cilitate community collaboration and assist in coordinating a statewide
8 system of community based service providers, pursuant to K.S.A. 75-
9 7024, and amendments thereto, the commissioner of juvenile justice shall
10 appoint a community planning team convener and a community planning
11 team facilitator in each judicial district. The commissioner may appoint a
12 convener and facilitator for a multiple district planning team, if, in the
13 commissioner's opinion, such multiple district planning team best fur-
14 thers the purposes of the juvenile justice reform act. The convener and
15 facilitator may be compensated by the grant funds.
16 (b) The community planning team convener shall invite representa-
17 tives from the following groups and agencies to be a part of the com-
18 munity planning team: The courts, court services, public education, ju-
19 venile community correctional services, the county or district attorney,
20 the public defender's office or private defense counsel, law enforcement,
21 juvenile detention, prevention services, health care professionals, mental
22 health services, juvenile intake and assessment, municipal officials, county
23 officials, private service providers, the department of social and rehabil-
24 itation services, the business community, the religious community, youth
25 and such other representatives as the convener and commissioner deem
26 necessary. The community planning team convener may invite the entire
27 membership of the corrections advisory board, as established in K.S.A.
28 75-5297, and amendments thereto, and the juvenile corrections advisory
29 board, as established by section 13, and amendments thereto, to be a part
30 of the community planning team.
31 (c) The commissioner, or the commissioner's designee shall serve as
32 an ex officio member of each community planning team.
33 (d) All proceedings of the community planning team and any com-
34 mittee or subcommittee of the team shall be open to the public in ac-
35 cordance with and subject to the provisions of K.S.A. 75-4317 to 75-4320,
36 inclusive, and amendments thereto. The records of the community
37 planning team shall be open to public inspection at all reasonable times.
38 (e) Between July 1, 1997, and June 30, 1999, the community planning
39 team shall engage in strategic planning to develop programs, services and
40 placement options as are necessary and appropriate for each judicial dis-
41 trict's juvenile justice program consistent with planning guidelines de-
42 veloped by the commissioner. The commissioner shall design the plan-
43 ning process to empower communities to develop community-based
44 programs, services and placements sufficient to address juvenile crime
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1 and to appropriately provide programs and services to prevent juvenile
2 crime. The commissioner shall develop an action plan to guide imple-
3 mentation of community planning. The action plan shall establish a sched-
4 ule for the planning process and shall clearly state desired outcomes of
5 the planning process. Before implementation of the community planning
6 process, the commissioner shall submit the proposed action plan to the
7 joint committee on corrections and juvenile justice oversight for review.
8 The commissioner shall also provide such committee with regular pro-
9 gress reports on the status of the planning process. The primary purposes
10 of the community planning process shall be to:
11 (1) Foster collaboration among stakeholders in the juvenile justice
12 system;
13 (2) accurately assess community risk factors affecting juveniles;
14 (3) determine community priorities to respond to juvenile crime and
15 the risk factors affecting juveniles;
16 (4) develop programs, services and placements, with sufficient ca-
17 pacity, to appropriately hold juvenile offenders in the community ac-
18 countable for behavior which violates the law;
19 (5) provide communities with assistance in developing juvenile justice
20 programs which respond to community needs and priorities and which
21 are capable of achieving desired outcomes, and in identifying resources
22 necessary to provide such programs;
23 (6) encourage the staffing of juvenile justice programs with appro-
24 priately trained personnel; and
25 (7) provide communities with technical assistance, as needed, to
26 achieve desired planning outcomes.
27 (f) The commissioner shall provide training and expertise for com-
28 munities during the strategic planning process of the community planning
29 team.
30 (g) On July 1, 1999, each judicial district or multiple district judicial
31 district shall have developed and be prepared to implement a juvenile
32 justice program. On or before June 30, 1999, such program shall be ac-
33 credited by the commissioner pursuant to rules and regulations adopted
34 by the commissioner.
35 (h) Each juvenile justice program shall include, but not be limited to,
36 local prevention services, juvenile intake and assessment, juvenile deten-
37 tion and attendant care, immediate intervention programs, aftercare serv-
38 ices, graduated sanctions programs, probation programs, conditional re-
39 lease programs, sanctions for violations of probation terms or programs,
40 sanctions for violations of conditional release programs and out-of-home
41 placements.
42 (i) Each juvenile justice program shall demonstrate that in the judicial
43 district is a continuum of community based placement options with suf-
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1 ficient capacity to accommodate community needs.
2 (j) Each juvenile justice program shall participate in the juvenile jus-
3 tice information system, intake and assessment system and the utilization
4 of a standardized risk assessment data.
5 (k) (1) There is hereby created in the state treasury a juvenile justice
6 community planning fund. Money credited to the fund shall be used
7 solely for the purpose of making grants to community planning teams, as
8 established in this section, to assist with the community planning process
9 of determining juvenile justice programs for the judicial district.
10 (2) All expenditures from the juvenile justice community planning
11 fund shall be made in accordance with appropriations acts upon warrants
12 of the director of accounts and reports issued pursuant to vouchers ap-
13 proved by the commissioner of juvenile justice or by a person or persons
14 designated by the commissioner.
15 (3) The commissioner of juvenile justice may apply for, receive and
16 accept money from any source for the purposes for which money in the
17 juvenile justice community planning fund may be expended. Upon receipt
18 of any such money, the commissioner shall remit the entire amount at
19 least monthly to the state treasurer, who shall deposit it in the state treas-
20 ury and credit it to the juvenile justice community planning fund.
21 (4) On or before the 10th of each month, the director of accounts
22 and reports shall transfer from the state general fund to the juvenile
23 justice community planning fund interest earnings based on:
24 (A) The average daily balance of moneys in the juvenile justice com-
25 munity planning fund for the preceding month; and
26 (B) the net earnings rate of the pooled money investment portfolio
27 for the preceding month.
28 (l) (1) There is hereby created in the state treasury a juvenile justice
29 community initiative fund. Money credited to the fund shall be used
30 solely for the purpose of making grants to communities to assist in sup-
31 porting field services, case management services and juvenile justice pro-
32 grams, services and placements in the judicial district.
33 (2) All expenditures from the juvenile justice community initiative
34 fund shall be made in accordance with appropriations acts upon warrants
35 of the director of accounts and reports issued pursuant to vouchers ap-
36 proved by the commissioner of juvenile justice or by a person or persons
37 designated by the commissioner.
38 (3) The commissioner of juvenile justice may apply for, receive and
39 accept money from any source for the purposes for which money in the
40 juvenile justice community initiative fund may be expended. Upon receipt
41 of any such money, the commissioner shall remit the entire amount at
42 least monthly to the state treasurer, who shall deposit it in the state treas-
43 ury and credit it to the juvenile justice community initiative fund.
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1 (4) On or before the 10th of each month, the director of accounts
2 and reports shall transfer from the state general fund to the juvenile
3 justice community initiative fund interest earnings based on:
4 (A) The average daily balance of moneys in the juvenile justice com-
5 munity initiative fund for the preceding month; and
6 (B) the net earnings rate of the pooled money investment portfolio
7 for the preceding month.
8 New Sec. 2. On and after July 1, 1997:
9 (a) The supreme court may establish a supervision fee schedule to be
10 charged a juvenile offender, or the parent or guardian of such juvenile
11 offender, if the juvenile offender is under the age of 18, for services
12 rendered the juvenile who is:
13 (1) Placed on probation;
14 (2) placed in juvenile community correctional services;
15 (3) placed in a community placement;
16 (4) placed on conditional release pursuant to K.S.A. 38-1673, and
17 amendments thereto; or
18 (5) using any other juvenile justice program available in the judicial
19 district.
20 (b) The supervision fee established by this section shall be charged
21 and collected by the clerk of the district court.
22 (c) All moneys collected by this section shall be paid into the county
23 general fund and used to fund community juvenile justice programs.
24 (d) The juvenile offender shall not be eligible for early release from
25 supervision unless the supervision fee has been paid.
26 (e) An annual report shall be filed with the commissioner of juvenile
27 justice from every judicial district concerning the supervision fees. The
28 report shall include figures concerning: (1) The amount of supervision
29 fees ordered to be paid; (2) the amount of supervision fees actually paid;
30 and (3) the amount of expenditures and to whom such expenditures were
31 paid.
32 (f) The court may waive all or part of the supervision fee established
33 by this section upon a showing that such fee will result in an undue
34 hardship to such juvenile offender or the parent or guardian of such
35 juvenile offender.
36 New Sec. 3. On and after July 1, 1997:
37 (a) Except as otherwise provided by sections 3 through 6, and amend-
38 ments thereto, all of the powers, duties and functions of the department
39 of corrections and the secretary of corrections concerning juvenile com-
40 munity correctional services are hereby transferred to and conferred and
41 imposed upon the juvenile justice authority and the commissioner of ju-
42 venile justice established by K.S.A. 1996 Supp. 75-7001, and amendments
43 thereto.
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1 (b) Except as otherwise provided by sections 3 through 6, and amend-
2 ments thereto, the juvenile justice authority and the commissioner of
3 juvenile justice shall be the successor in every way to the powers, duties
4 and functions of the department of corrections and the secretary of cor-
5 rections concerning juvenile community correctional services in which
6 the same were vested prior to the effective date of this section. Every act
7 performed in the exercise of such powers, duties and functions by or
8 under the authority of the juvenile justice authority or the commissioner
9 of juvenile justice concerning juvenile community correctional services
10 established by sections 3 through 6, and amendments thereto, shall be
11 deemed to have the same force and effect as if performed by the de-
12 partment of corrections or the secretary of corrections, respectively, in
13 which such powers, duties and functions were vested prior to the effective
14 date of this section.
15 (c) Except as otherwise provided by sections 3 through 6, and amend-
16 ments thereto, whenever the department of corrections, or words of like
17 effect concerning juvenile community correctional services, is referred to
18 or designated by a statute, contract or other document, such reference
19 or designation shall be deemed to apply to the juvenile justice authority.
20 (d) Except as otherwise provided by sections 3 through 6, and amend-
21 ments thereto, whenever the secretary of corrections, or words of like
22 effect concerning juvenile community correctional services, is referred to
23 or designated by a statute, contract or other document, such reference
24 or designation shall be deemed to apply to the commissioner of juvenile
25 justice.
26 (e) All rules and regulations of the department of corrections or the
27 secretary of corrections concerning juvenile community correctional serv-
28 ices in existence on the effective date of this section shall continue to be
29 effective and shall be deemed to be duly adopted rules and regulations
30 of the commissioner of juvenile justice until revised, amended, revoked
31 or nullified pursuant to law.
32 (f) All orders and directives of the department of corrections or the
33 secretary of corrections concerning juvenile community correctional serv-
34 ices in existence on the effective date of this section shall continue to be
35 effective and shall be deemed to be orders and directives of the juvenile
36 justice authority until revised, amended or nullified pursuant to law.
37 (g) On the effective date of this section, the juvenile justice authority
38 shall succeed to whatever right, title or interest the department of cor-
39 rections has acquired in any real property concerning juvenile community
40 correctional services in this state, and the authority shall hold the same
41 for and in the name of the state of Kansas. On and after the effective
42 date of this section, whenever any statute, contract, deed or other docu-
43 ment concerns the power or authority of the department of corrections
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1 or the secretary of corrections concerning juvenile community correc-
2 tional services to acquire, hold or dispose of real property or any interest
3 therein, the juvenile justice authority shall succeed to such power or au-
4 thority.
5 (h) The juvenile justice authority and the commissioner of juvenile
6 justice shall be continuations of the department of corrections and the
7 secretary of corrections concerning juvenile community correctional serv-
8 ices.
9 New Sec. 4. On and after July 1, 1997:
10 (a) When any conflict arises as to the disposition of any power, func-
11 tion or duty or the unexpended balance of any appropriation as a result
12 of any abolition, transfer, attachment or change made by or under au-
13 thority of sections 3 through 6, and amendments thereto, such conflict
14 shall be resolved by the governor, whose decision shall be final.
15 (b) The juvenile justice authority shall succeed to all property and
16 records which were used for or pertain to the performance of the powers,
17 duties and functions transferred to the juvenile justice authority. Any
18 conflict as to the proper disposition of property or records arising under
19 this section, and resulting from the transfer or attachment of any state
20 agency, or all or part of the powers, duties and functions thereof, shall be
21 determined by the governor, whose decision shall be final.
22 New Sec. 5. On and after July 1, 1997:
23 (a) The juvenile justice authority shall have the legal custody of all
24 records, memoranda, writings, entries, prints, representations or combi-
25 nations thereof of any act, transaction, occurrence or event of the de-
26 partment of corrections concerning juvenile community correctional serv-
27 ices and any agency or office transferred thereto under sections 3 through
28 6, and amendments thereto.
29 (b) No suit, action or other proceeding, judicial or administrative,
30 lawfully commenced, or which could have been commenced, by or against
31 any state agency mentioned in sections 3 through 6, and amendments
32 thereto, or by or against any officer of the state in such officer's official
33 capacity or in relation to the discharge of such officer's official duties,
34 shall abate by reason of the governmental reorganization effected under
35 the provisions of sections 3 through 6, and amendments thereto. The
36 court may allow any such suit, action or other proceeding to be main-
37 tained by or against the successor of any such state agency or any officer
38 affected.
39 (c) No criminal action commenced or which could have been com-
40 menced by the state shall abate by the taking effect of sections 3 through
41 6, and amendments thereto.
42 New Sec. 6. (a) On and after July 1, 1997, the balance of all funds
43 appropriated and reappropriated to the department of corrections con-
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1 cerning juvenile community correctional services is hereby transferred to
2 the juvenile justice authority and shall be used only for the purpose for
3 which the appropriation was originally made.
4 (b) On and after July 1, 1997, the liability for all accrued compensa-
5 tion or salaries of officers and employees who, immediately prior to such
6 date, were engaged in the performance of powers, duties or functions of
7 the department of corrections concerning juvenile community correc-
8 tional services, or who become a part of the juvenile justice authority, or
9 the powers, duties and functions of which are transferred to the juvenile
10 justice authority provided for by sections 3 through 6, and amendments
11 thereto, shall be assumed and paid by the juvenile justice authority.
12 New Sec. 7. On and after July 1, 1997, the commissioner of juvenile
13 justice may make grants from the juvenile justice community initiative
14 fund, created in section 1, and amendments thereto, to counties for the
15 development, implementation, operation and improvement of juvenile
16 community correctional services including, but not limited to, restitution
17 programs, victim services programs, balanced and restorative justice pro-
18 grams, preventive or diversionary correctional programs, community ju-
19 venile corrections centers and facilities for the detention or confinement,
20 care or treatment of juveniles being detained or adjudged to be a juvenile
21 offender.
22 New Sec. 8. On and after July 1, 1997:
23 (a) Subject to the other provisions of sections 7 through 22, and
24 amendments thereto, each county may qualify to receive grants under
25 sections 7 through 22, and amendments thereto, by complying with the
26 provisions of section 21, and amendments thereto.
27 (b) Subject to the requirements of centralized administration and
28 control of correctional services under section 21, and amendments
29 thereto, and the provisions of agreements between cooperating counties
30 under subsection (c), the respective board of county commissioners shall
31 retain all authority for the expenditure of moneys, including grants re-
32 ceived under sections 7 through 22, and amendments thereto, and for
33 the implementation of and the operations under the comprehensive plan
34 approved by the commissioner of juvenile justice. The comprehensive
35 plan shall be reviewed and approved by the board of county commission-
36 ers of each county to which the plan pertains prior to submission to the
37 commissioner of juvenile justice for approval.
38 (c) The boards of county commissioners of all counties cooperating
39 together to establish a juvenile corrections advisory board and to adopt a
40 comprehensive plan pursuant to sections 7 through 22, and amendments
41 thereto, may enter into cooperative agreements to qualify their respective
42 counties for grants under sections 7 through 22, and amendments thereto.
43 Such counties shall cooperate and enter into such agreements for all pur-
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1 poses of sections 7 through 22, and amendments thereto, in the manner
2 prescribed by K.S.A. 12-2901 through 12-2907, and amendments thereto,
3 to the extent that those statutes do not conflict with the provisions of
4 sections 7 through 22, and amendments thereto.
5 New Sec. 9. On and after July 1, 1997, in order to assist a county or
6 group of cooperating counties which has established a juvenile corrections
7 advisory board but which does not have a comprehensive plan which has
8 been approved by the commissioner of juvenile justice and which requires
9 financial aid to defray all or part of the expenses incurred by juvenile
10 corrections advisory board members in discharging their official duties
11 pursuant to section 16, and amendments thereto, the commissioner of
12 juvenile justice, upon receipt of resolutions by the board or boards of
13 county commissioners, or the administrative authority established by co-
14 operating counties, certifying the need for and inability to pay such ex-
15 penses, may pay quarterly to the county or counties an amount deter-
16 mined by the commissioner based on existing experience of other juvenile
17 corrections advisory boards.
18 New Sec. 10. On and after July 1, 1997:
19 (a) In accordance with K.S.A. 77-415 et seq., and amendments
20 thereto, the commissioner of juvenile justice shall adopt rules and regu-
21 lations necessary for the implementation and administration of sections
22 7 through 22, and amendments thereto, and as prescribed by those sec-
23 tions. The commissioner of juvenile justice shall provide consultation and
24 technical assistance to counties and juvenile corrections advisory boards
25 to aid them in the development of comprehensive plans under sections
26 7 through 22, and amendments thereto.
27 (b) Sections 7 through 22, and amendments thereto, shall be admin-
28 istered by the commissioner of juvenile justice or by officers and em-
29 ployees of the juvenile justice authority designated by the commissioner
30 to the extent that authority to do so is delegated by the commissioner,
31 except that the authority to adopt rules and regulations under sections 7
32 through 22, and amendments thereto, shall not be delegated.
33 New Sec. 11. On and after July 1, 1997, for the purposes of sections
34 7 through 22, and amendments thereto, and to provide for the correc-
35 tional services described in section 7, and amendments thereto, a county
36 or group of cooperating counties, through their boards of county com-
37 missioners, or administrative bodies established by cooperating counties,
38 may:
39 (a) Acquire by any lawful means, including purchase, lease or transfer
40 of custodial control, the lands, buildings and equipment necessary and
41 incidental to such purposes;
42 (b) enter into contracts, which are necessary and incidental to such
43 purposes;
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1 (c) determine and establish the administrative structure best suited
2 to the efficient administration and delivery of such correctional services;
3 (d) employ a director and such other officers, employees, and agents
4 as deemed necessary to carry out the provisions of sections 7 through 22,
5 and amendments thereto;
6 (e) make grants in accordance with the comprehensive plan of funds
7 provided by grant payments under section 19, and amendments thereto,
8 to corporations organized not for profit, for development, operation and
9 improvement of such correctional services; and
10 (f) use unexpended funds, accept gifts, grants and subsidies from any
11 lawful source, and apply for, accept and expend federal funds.
12 New Sec. 12. On and after July 1, 1997:
13 (a) Except as provided in section 9, and amendments thereto, no
14 county shall be qualified to receive grants under sections 7 through 22,
15 and amendments thereto, unless and until the comprehensive plan for
16 such county, or the group of counties with which such county is coop-
17 erating, is approved by the commissioner of juvenile justice.
18 (b) The commissioner of juvenile justice shall adopt rules and regu-
19 lations establishing additional requirements for receipt of grants under
20 sections 7 through 22, and amendments thereto, standards for the op-
21 eration of the correctional services described in section 7, and amend-
22 ments thereto, and standards for performance evaluation of the correc-
23 tional services described in section 7, and amendments thereto. In order
24 to remain eligible for grants the county or group of cooperating counties
25 shall substantially comply with the operating standards established by the
26 commissioner of juvenile justice.
27 (c) The commissioner of juvenile justice shall review annually the
28 comprehensive plans submitted by a county or group of cooperating
29 counties and the facilities and programs operated under such plans. The
30 commissioner of juvenile justice is authorized to examine books, records,
31 facilities and programs for purposes of recommending needed changes
32 or improvements.
33 (d) In reviewing the comprehensive plan or any annual recommen-
34 dations or revisions thereto, the commissioner of juvenile justice shall
35 limit the scope of the review of the juvenile corrections advisory board's
36 statement of priorities, needs, budget, policies and procedures, to the
37 determination that such statement does not directly conflict with rules
38 and regulations and operating standards adopted pursuant to subsection
39 (b) and sections 7 through 22, and amendments thereto.
40 (e) When the commissioner of juvenile justice determines that there
41 are reasonable grounds to believe that a county or group of cooperating
42 counties is not in substantial compliance with the minimum operating
43 standards adopted pursuant to this section, at least 30 days' notice shall
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1 be given the county or to each county in the group of cooperating counties
2 and a hearing shall be held in accordance with the provisions of the Kansas
3 administrative procedure act to ascertain whether there is substantial
4 compliance or satisfactory progress being made toward compliance. If the
5 commissioner of juvenile justice determines at such hearing that there is
6 not substantial compliance or satisfactory progress being made toward
7 compliance, the commissioner of juvenile justice may suspend all or a
8 portion of any grant under sections 7 through 22, and amendments
9 thereto, until the required standards of operation have been met.
10 New Sec. 13. On and after July 1, 1997:
11 (a) Subject to the other provisions of this section, each juvenile cor-
12 rections advisory board established under sections 7 through 22, and
13 amendments thereto, shall consist of 12 or more members who shall be
14 representative of law enforcement, prosecution, the judiciary, education,
15 corrections, ethnic minorities, the social services and the general public
16 and shall be appointed as follows:
17 (1) The law enforcement representatives shall be:
18 (A) The sheriff or, if two or more counties are cooperating, the sheriff
19 selected by the sheriffs of those counties, or the designee of that sheriff;
20 and
21 (B) the chief of police of the city with the largest population at the
22 time the board is established or, if two or more counties are cooperating,
23 the chief of police selected by the chiefs of police of each city with the
24 largest population in each county at the time the board is established, or
25 the designee of that chief of police, except that for purposes of this par-
26 agraph in the case of a county having consolidated law enforcement and
27 not having a sheriff or any chiefs of police, ``sheriff'' means the law en-
28 forcement director and ``chief of police of the city with the largest pop-
29 ulation'' or ``chief of police'' means a law enforcement officer, other than
30 the law enforcement director, appointed by the county law enforcement
31 agency for the purposes of this section;
32 (2) the prosecution representative shall be the county or district at-
33 torney or, if two or more counties are cooperating, a county or district
34 attorney selected by the county and district attorneys of those counties,
35 or the designee of that county or district attorney;
36 (3) the judiciary representative shall be the judge of the district court
37 of the judicial district, who is assigned the juvenile court docket or the
38 judge who is assigned most juvenile court cases, or if there is more than
39 one judge in the judicial district who is assigned the juvenile court docket,
40 the administrative judge of such judicial district shall appoint one of the
41 judges who is assigned the juvenile court docket, containing the county
42 or group of counties or, if two or more counties in two or more judicial
43 districts are cooperating, the judge of each such judicial district, who is
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1 assigned the juvenile court docket or the judge who is assigned most
2 juvenile court cases, or if there is more than one judge in the judicial
3 district who is assigned the juvenile court docket, the administrative judge
4 of such judicial district shall appoint one of the judges who is assigned
5 the juvenile court docket;
6 (4) the education representative shall be an educational professional
7 appointed by the board of county commissioners of the county or, if two
8 or more counties are cooperating, by the boards of county commissioners
9 of those counties;
10 (5) a court services officer designated by the judge of the district
11 court of the judicial district, who is assigned the juvenile court docket or
12 the judge who is assigned most juvenile court cases, or if there is more
13 than one judge in the judicial district who is assigned the juvenile court
14 docket, the administrative judge of such judicial district shall appoint one
15 of the judges who is assigned the juvenile court docket, containing the
16 county or group of counties or, if counties in two or more judicial districts
17 are cooperating, a court services officer designated by the judges of those
18 judicial districts, who are assigned the juvenile court docket or the judges
19 who are assigned most juvenile court cases;
20 (6) an executive director of the community mental health center or
21 such director's designee or in the absence of such position, the board of
22 county commissioners of the county shall appoint or, if two or more coun-
23 ties are cooperating, the boards of county commissioners of those counties
24 shall together appoint a representative of mental health service providers
25 for juveniles in such county or counties;
26 (7) the board of county commissioners of the county shall appoint or,
27 if two or more counties are cooperating, the boards of county commis-
28 sioners of those counties shall together appoint three additional members
29 of the juvenile corrections advisory board or, if necessary, additional
30 members so that each county which is not otherwise represented on the
31 board is represented by at least one member of such board; and
32 (8) three members of the juvenile corrections advisory board shall be
33 appointed by cities located within the county or group of cooperating
34 counties as follows:
35 (A) If there are three or more cities of the first class, the governing
36 body of each of the three cities of the first class having the largest pop-
37 ulations shall each appoint one member;
38 (B) if there are two cities of the first class, the governing body of the
39 larger city of the first class shall appoint two members and the governing
40 body of the smaller city of the first class shall appoint one member;
41 (C) if there is only one city of the first class, the governing body of
42 such city shall appoint all three members; and
43 (D) if there are no cities of the first class, the governing body of each
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1 of the three cities having the largest populations shall each appoint one
2 member.
3 (b) If possible, of the members appointed by the boards of county
4 commissioners in accordance with subsection (a)(6) and by the governing
5 bodies of cities in accordance with subsection (a)(7), members shall be
6 representative of one or more of the following:
7 (1) Public or private social service agencies;
8 (2) ex-offenders;
9 (3) the health care professions; and
10 (4) the general public.
11 (c) At least two members of each juvenile corrections advisory board
12 shall be representative of ethnic minorities and no more than 2/3 of the
13 members of each board shall be members of the same sex.
14 (d) In lieu of the provisions of subsections (a) through (c), a group of
15 cooperating counties as provided in subsection (a)(2) of section 21, and
16 amendments thereto, may establish a juvenile corrections advisory board
17 which such board's membership shall be determined by such group of
18 counties through cooperative action pursuant to the provisions of K.S.A.
19 12-2901 through 12-2907, and amendments thereto, to the extent that
20 those statutes do not conflict with the provisions of sections 7 through
21 22, and amendments thereto, except that if two or more counties in two
22 or more judicial districts are cooperating, the administrative judge of each
23 such judicial district, or a judge of the district court designated by each
24 such administrative judge shall be a member of such board. In determin-
25 ing the membership of the juvenile corrections advisory board pursuant
26 to this subsection, such group of counties shall appoint members who are
27 representative of law enforcement, prosecution, the judiciary, education,
28 corrections, ethnic minorities, the social services and the general public.
29 Any juvenile corrections advisory board established and the membership
30 determined pursuant to this subsection shall be subject to the approval
31 of the commissioner of juvenile justice.
32 New Sec. 14. On and after July 1, 1997:
33 (a) Members of a juvenile corrections advisory board appointed in
34 accordance with section 13, and amendments thereto, shall serve for
35 terms of two years from and after the date of their appointment and shall
36 remain in office until their successors are duly appointed. All vacancies
37 in a juvenile corrections advisory board shall be filled for the unexpired
38 term in the manner that the position was originally filled. Each juvenile
39 corrections advisory board shall elect its own officers.
40 (b) All proceedings of the juvenile corrections advisory board and any
41 committee or subcommittee of the board shall be open to the public in
42 accordance with and subject to the provisions of K.S.A. 75-4317 to 75-
43 4320, inclusive, and amendments thereto. All votes of members of the
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1 juvenile corrections advisory board shall be recorded and shall become
2 matters of public record.
3 (c) The juvenile corrections advisory board shall promulgate and im-
4 plement rules concerning the conduct of proceedings and attendance of
5 members at board meetings.
6 New Sec. 15. On and after July 1, 1997, juvenile corrections advisory
7 boards established under the provisions of sections 7 through 22, and
8 amendments thereto, shall actively participate in the formulation of the
9 comprehensive plan for the development, implementation and operation
10 of the juvenile correctional services described in section 7, and amend-
11 ments thereto, in the county or group of cooperating counties, and shall
12 make a formal recommendation to the board or boards of county com-
13 missioners at least annually concerning the comprehensive plan and its
14 implementation and operation during the ensuing year.
15 New Sec. 16. On and after July 1, 1997, any comprehensive plan
16 submitted pursuant to sections 7 through 22, and amendments thereto,
17 may include the purchase of selected juvenile correctional services by
18 contract, including the temporary detention and confinement of juvenile
19 offenders. The commissioner of juvenile justice shall annually determine
20 the costs of the purchase of services under this section and deduct them
21 from the grant payable to the county or, in the case of cooperating coun-
22 ties, the grants payable to the counties. In no case shall the charges for
23 juvenile correctional services under such contract with the state exceed
24 in cost the amount of the grant the county is eligible for or, in the case
25 of cooperating counties, the total amount of the grants the counties are
26 eligible to receive under sections 7 through 22, and amendments thereto.
27 New Sec. 17. On and after July 1, 1997:
28 (a) The comprehensive plan submitted to the commissioner of ju-
29 venile justice for approval shall include those items prescribed by rules
30 and regulations adopted by the commissioner, which may require the
31 inclusion of the following:
32 (1) A program for the detention, supervision and treatment of per-
33 sons under pretrial detention or under commitment;
34 (2) delivery of other correctional services defined in section 7, and
35 amendments thereto; and
36 (3) proposals for new facilities, programs and services, which pro-
37 posals must include a statement of the need, purposes and objectives of
38 the proposal and the administrative structure, staffing pattern, staff train-
39 ing, financing, degree of community involvement and client participation
40 which are planned for the proposal.
41 (b) In addition to the foregoing requirements made by this section,
42 each county or group of counties shall be required to develop and imple-
43 ment a procedure for the review by the juvenile corrections advisory
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1 board and the board or boards of county commissioners of new program
2 applications and other matters proposed to be included under the com-
3 prehensive plan and for the manner in which juvenile corrections advisory
4 board action shall be taken thereon. A description of this procedure shall
5 be made available to members of the public upon request.
6 New Sec. 18. On and after July 1, 1997:
7 (a) Except as provided in section 9, and amendments thereto, each
8 grant under sections 7 through 22, and amendments thereto, shall be
9 expended by the county receiving it for juvenile community correctional
10 services as described in section 7, and amendments thereto, in addition
11 to the amount required to be expended by such county under this section.
12 Each calendar year in which a county receives grant payments under
13 section 19, and amendments thereto, the county shall make expenditures
14 for correctional services as described in section 7, and amendments
15 thereto, from any funds other than from grants under sections 7 through
16 22, and amendments thereto, in an amount equal to or exceeding the
17 amount of base year juvenile corrections expenditures as determined by
18 the commissioner of juvenile justice.
19 (b) The commissioner of juvenile justice shall audit and determine
20 the amount of the expenditures for juvenile correctional services as de-
21 scribed in section 7, and amendments thereto, of each county applying
22 for a grant as provided in section 22, and amendments thereto.
23 (c) In any case where a county receiving a grant does not make ex-
24 penditures for juvenile correctional services from funds other than from
25 grants under sections 7 through 22, and amendments thereto, as required
26 by this section, the grant to such county for the next ensuing calendar
27 year shall be reduced by an amount equal to the amount by which such
28 county failed to make such required amount of expenditures.
29 (d) The commissioner of juvenile justice may provide, by rules and
30 regulations, procedures for the following, as determined by the commis-
31 sioner to further the purposes of sections 7 through 22, and amendments
32 thereto:
33 (1) The transfer, to one or more other counties, of any portion of a
34 county's annual grant which is not included in such county's program
35 budget for the current program year; and
36 (2) the transfer, to one or more other counties, of any portion of a
37 county's annual grant which remains unused at the end of such county's
38 program year and is not included in such county's program budget for
39 the ensuing program year.
40 (e) Except as otherwise provided pursuant to subsection (d), if a
41 county does not expend the full amount of the grant received for any one
42 year under the provisions of sections 7 through 22, and amendments
43 thereto, the county shall retain the unexpended amount of the grant for
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1 expenditure for juvenile correctional services as described in section 7,
2 and amendments thereto, during any ensuing calendar year. The com-
3 missioner of juvenile justice shall reduce the grant for the ensuing cal-
4 endar year by an amount equal to the amount of the previous year's grant
5 which was not expended and was retained by the county, unless the com-
6 missioner finds that the amount so retained is needed for and will be
7 expended during the ensuing calendar year for expenditures under the
8 applicable comprehensive plan.
9 New Sec. 19. On and after July 1, 1997:
10 (a) Upon compliance by a county or group of counties with the
11 requirements for receipt of the grants authorized by sections 7 through
12 22, and amendments thereto, and approval of the comprehensive plan by
13 the commissioner of juvenile justice and the Kansas advisory group on
14 juvenile justice and delinquency prevention, the commissioner shall de-
15 termine the amount of the annual grant to each such county and, com-
16 mencing on the next ensuing January 1 or July 1 after approval of the
17 comprehensive plan, shall proceed to pay such grant in equal semiannual
18 payments in accordance with and subject to sections 7 through 22, and
19 amendments thereto, applicable rules and regulations, and the provisions
20 of appropriation acts.
21 (b) Within 10 days after the end of each calendar quarter, each county
22 receiving semiannual grant payments under sections 7 through 22, and
23 amendments thereto, shall submit to the commissioner of juvenile justice
24 certified statements detailing the amounts expended and costs incurred
25 for the juvenile correctional services described in section 7, and amend-
26 ments thereto. Upon receipt of such certified statements, the commis-
27 sioner shall determine whether each such county is in compliance with
28 the expenditure and operation standards prescribed under sections 7
29 through 22, and amendments thereto, for such services and shall deter-
30 mine the semiannual payment amount each such county is entitled to
31 receive after making any adjustments for reductions or charges as re-
32 quired by or in accordance with sections 7 through 22, and amendments
33 thereto, and applicable rules and regulations.
34 (c) Semiannual grant payments for counties entitled thereto under
35 sections 7 through 22, and amendments thereto, shall be made upon
36 warrants of the director of accounts and reports issued pursuant to vouch-
37 ers approved by the commissioner of juvenile justice or by a person or
38 persons designated by the commissioner to the county treasurers of such
39 counties.
40 New Sec. 20. On and after July 1, 1997:
41 (a) The commissioner of juvenile justice may contract for any juvenile
42 correctional services described in section 7, and amendments thereto,
43 from any county or group of cooperating counties which are receiving
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1 grants under sections 7 through 22, and amendments thereto.
2 (b) Any county may contract for any juvenile correctional services
3 described in section 7, and amendments thereto, from any county or
4 group of cooperating counties which are receiving grants under sections
5 7 through 22, and amendments thereto, regardless of whether such
6 county or group of counties is in the same judicial district as the county
7 contracting for such services.
8 New Sec. 21. On and after July 1, 1997:
9 (a) Before July 1, 1999, each county in this state, based on the rec-
10 ommendation from the administrative judge of the judicial district in
11 which each such county is located as provided in subsection (b), shall
12 have:
13 (1) Established a juvenile corrections advisory board in accordance
14 with section 13, and amendments thereto, and adopted a comprehensive
15 plan for the development, implementation, operation and improvement
16 of the juvenile correctional services described in section 7, and amend-
17 ments thereto which has been approved by the commissioner of juvenile
18 justice and which, in addition to such matters as are prescribed by rules
19 and regulations of the commissioner, provides for centralized administra-
20 tion and control of the juvenile correctional services under such plan;
21 (2) entered into an agreement with a group of cooperating counties
22 to establish a regional or multi-county community juvenile correctional
23 services program; established a juvenile corrections advisory board in ac-
24 cordance with section 13, and amendments thereto; and adopted a com-
25 prehensive plan for the development, implementation, operation and im-
26 provement of the juvenile correctional services described in section 7,
27 and amendments thereto, which has been approved by the commissioner
28 of juvenile justice and which, in addition to such matters as are prescribed
29 by rules and regulations of the commissioner, provides for centralized
30 administration and control of the juvenile correctional services under such
31 plan. Such group of counties may comply with the provisions of this sub-
32 section through cooperative action pursuant to the provisions of K.S.A.
33 12-2901 through 12-2907, and amendments thereto, to the extent that
34 those statutes do not conflict with the provisions of sections 7 through
35 22, and amendments thereto; or
36 (3) contracted for juvenile correctional services described in section
37 7, and amendments thereto, from any county or group of cooperating
38 counties, as provided in section 20, and amendments thereto, which are
39 receiving grants under sections 7 through 22, and amendments thereto.
40 (b) Before September 15, 1998, the administrative judge in each ju-
41 dicial district shall make a recommendation to the board of county com-
42 missioners in each county in such judicial district which has not estab-
43 lished a program to provide for the juvenile correctional services
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1 described in section 7, and amendments thereto, as to which option pro-
2 vided in subsection (a) each such county in such judicial district should
3 choose to comply with the provisions of sections 7 through 22, and
4 amendments thereto.
5 New Sec. 22. On and after July 1, 1997:
6 (a) On or before each March 15, each county or group of counties
7 applying to receive a grant shall submit a budget request to the commis-
8 sioner. On or before each July 1, the commissioner of juvenile justice and
9 the Kansas advisory group on juvenile justice and delinquency prevention
10 shall determine annually the amount of the grant for the ensuing fiscal
11 year for each county or group of counties which has qualified to receive
12 grants as provided in this section.
13 (b) The determination of the grant of a county or group of counties
14 by the commissioner shall consider, but not be limited to, the following
15 criteria based on measurable performances: staffing levels justified by
16 active cases under supervision; one-time expenditures such as renovation
17 or construction costs, major equipment purchases or capital acquisitions;
18 administrative costs; funded contracts for services; client numbers; case-
19 load projections; travel costs outside the program area; and existing ex-
20 perience of similar programs.
21 New Sec. 23. On and after July 1, 1999: (a) For the purpose of sen-
22 tencing juvenile offenders, the following placements may be applied by
23 the judge in felony or misdemeanor cases for offenses committed on or
24 after July 1, 1999. If used, the court shall establish a specific term of
25 commitment.
26 (1) Violent Offenders. (A) The violent offender I is defined as an
27 offender adjudicated as a juvenile offender if the offense, if committed
28 by an adult, would be an off-grid felony. Offenders in this category may
29 be committed to a juvenile correctional facility for a minimum term of
30 60 months and up to a maximum term of the offender reaching the age
31 of 22 years, six months. The aftercare term for this offender is set at a
32 minimum term of six months and up to a maximum term of the offender
33 reaching the age of 23 years.
34 (B) The violent offender II is defined as an offender adjudicated as
35 a juvenile offender if the offense, if committed by an adult, would be a
36 nondrug level 1, 2 or 3 person felony. Offenders in this category may be
37 committed to a juvenile correctional facility for a minimum term of 24
38 months and up to a maximum term of the offender reaching the age 22
39 years, six months. The aftercare term for this offender is set at a minimum
40 term of six months and up to a maximum term of the offender reaching
41 the of age 23 years.
42 (2) Serious Offenders. (A) The serious offender I is defined as an
43 offender adjudicated as a juvenile offender if the offense, if committed
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1 by an adult, would be a nondrug severity level 4, 5 or 6 person felony or
2 a severity level 1 or 2 drug felony. Offenders in this category may be
3 committed to a juvenile correctional facility for a minimum term of 18
4 months and up to a maximum term of 36 months. The aftercare term for
5 this offender is set at a minimum term of six months and up to a maximum
6 term of 24 months.
7 (B) The serious offender II is defined as an offender adjudicated as
8 a juvenile offender if the offense, if committed by an adult, would be a
9 nondrug severity level 7, 8, 9 or 10 person felony with one prior felony
10 adjudication. Offenders in this category may be committed to a juvenile
11 correctional facility for a minimum term of nine months and up to a
12 maximum term of 18 months. The aftercare term for this offender is set
13 at a minimum term of six months and up to a maximum term of 24
14 months.
15 (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
16 defined as an offender adjudicated as a juvenile offender if the offense,
17 if committed by an adult, would be a:
18 (i) One present nonperson felony adjudication and two prior felony
19 adjudications; or
20 (ii) one present severity level 3 drug felony adjudication and two prior
21 felony adjudications.
22 Offenders in this category may be committed to a juvenile correctional
23 facility for a minimum term of six months and up to a maximum term of
24 18 months. The aftercare term for this offender is set at a minimum term
25 of six months and up to a maximum term of 12 months.
26 (B) The chronic offender II, escalating felon is defined as an offender
27 adjudicated as a juvenile offender if the offense, if committed by an adult,
28 would be a:
29 (i) One present felony adjudication and two prior misdemeanor ad-
30 judications;
31 (ii) one present felony adjudication and two prior severity level 4 drug
32 adjudications;
33 (iii) one present severity level 3 drug felony adjudication and two
34 prior misdemeanor adjudications; or
35 (iv) one present severity level 3 drug felony adjudication and two
36 prior severity level 4 drug adjudications.
37 Offenders in this category may be committed to a juvenile correctional
38 facility for a minimum term of six months and up to a maximum term of
39 18 months. The aftercare term for this offender is set at a minimum term
40 of six months and up to a maximum term of 12 months.
41 (C) The chronic offender III, escalating misdemeanant is defined as
42 an offender adjudicated as a juvenile offender if the offense, if committed
43 by an adult, would be a:
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1 (i) One present misdemeanor adjudication and two prior misde-
2 meanor adjudications and two out-of-home placement failures;
3 (ii) one present misdemeanor adjudication and two prior severity
4 level 4 drug felony adjudications and two out-of-home placement failures;
5 (iii) one present severity level 4 drug felony adjudication and two
6 prior misdemeanor adjudications and two out-of-home placement fail-
7 ures; or
8 (iv) one present severity level 4 drug felony adjudication and two
9 prior severity level 4 felony adjudications and two out-of-home placement
10 failures.
11 Offenders in this category may be committed to a juvenile correctional
12 facility for a minimum term of three months and up to a maximum term
13 of six months. The aftercare term for this offender is set at a minimum
14 term of three months and up to a maximum term of six months.
15 (4) Conditional Release Violators. Conditional release violators may
16 be committed for a minimum term of three months and up to a maximum
17 term of six months. The aftercare term for this offender is set at a mini-
18 mum term of two months and up to a maximum term of six months, or
19 the maximum term of the original aftercare term, whichever is longer.
20 (b) As used in this section: (1) ``Placement failure'' means a juvenile
21 offender has been placed out-of-home on probation in a community
22 placement accredited by the commissioner in a juvenile offender case
23 and the offender has significantly violated the terms of probation in that
24 case.
25 (2) ``Adjudication'' includes out-of-state juvenile adjudications. An
26 out-of-state offense which if done by an adult would constitute the com-
27 mission of a felony or misdemeanor shall be classified as either a felony
28 or a misdemeanor according to the adjudicating jurisdiction. If an offense
29 which if done by an adult would constitute the commission of a felony is
30 a felony in another state, it will be counted as a felony in Kansas. The
31 state of Kansas shall classify the offense, which if done by an adult would
32 constitute the commission of a felony or misdemeanor, as person or non-
33 person. In designating such offense as person or nonperson, comparable
34 offenses shall be referred to. If the state of Kansas does not have a com-
35 parable offense, the out-of-state adjudication shall be classified as a non-
36 person offense.
37 (c) All appropriate community placement options shall have been ex-
38 hausted before such juvenile offender shall be placed in a juvenile cor-
39 rectional facility. A court finding shall be made acknowledging that ap-
40 propriate community placement options have been pursued and no such
41 option is appropriate.
42 (d) The commissioner shall work with the community to provide on-
43 going support and incentives for the development of additional commu-
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1 nity placements to ensure that the chronic offender III, escalating mis-
2 demeanant sentencing category is not frequently utilized.
3 New Sec. 24. On and after July 1, 1999:
4 (a) For purposes of determining release of a juvenile offender for an
5 offense committed on or after July 1, 1999, a system shall be developed
6 whereby good behavior by juvenile offenders is the expected norm and
7 negative behavior will be punished.
8 (b) The commissioner of juvenile justice is hereby authorized to
9 adopt rules and regulations to carry out the provisions of this section
10 regarding good time calculations. Such rules and regulations shall provide
11 circumstances upon which a juvenile offender may earn good time credits
12 through participation in programs which may include, but not be limited
13 to, education programs, work participation, treatment programs, voca-
14 tional programs, activities and behavior modification. Such good time
15 credits may also include the juvenile offender's willingness to examine
16 and confront the past behavior patterns that resulted in the commission
17 of the juvenile's offense.
18 (c) If the placement sentence established in section 23, and amend-
19 ments thereto, is used by the court, the juvenile offender shall serve no
20 less than the minimum term authorized under the specific category of
21 such placement sentence.
22 New Sec. 25. On and after July 1, 1999:
23 (a) The commissioner of juvenile justice may petition the court to
24 modify the placement sentence established in section 23, and amend-
25 ments thereto, after a juvenile offender has served the minimum term
26 indicated by the placement sentence, based upon program completion,
27 positive behavior modification and progress made.
28 (b) If the court grants the modification, the sentence shall be short-
29 ened, and the term of aftercare that was pronounced at sentencing shall
30 commence.
31 (c) If the court does not grant the modification, the juvenile's attorney
32 may petition for modification and a formal hearing shall be granted.
33 (d) The aftercare supervisor may petition the court for early dis-
34 charge, extension or revocation from conditional release or aftercare.
35 New Sec. 26. On and after July 1, 1997, the name of the youth center
36 at Larned is hereby changed to the Larned juvenile correctional facility.
37 On and after July 1, 1997, any reference to the youth center at Larned,
38 or words of like effect, in any statutes, contract or other document shall
39 be deemed to apply to the Larned juvenile correctional facility. The Lar-
40 ned juvenile correctional facility shall be under the supervision and con-
41 trol of the commissioner of juvenile justice in accordance with K.S.A.
42 1996 Supp. 76-3203, and amendments thereto. All juvenile offenders
43 placed in the Larned juvenile correctional facility shall be subject to the
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1 laws applicable to any other juvenile correctional facility, as defined by
2 K.S.A. 38-1602, and amendments thereto.
3 New Sec. 27. On July 1, 1997, the corporation for change established
4 by K.S.A. 38-1803 is hereby abolished.
5 New Sec. 28. On and after July 1, 1997:
6 (a) Whenever the corporation for change, or words of like effect, is
7 referred to or designated by a statute, contract or other document, and
8 such reference relates to the family and children trust account of the
9 family and children investment fund, such reference or designation shall
10 be deemed to apply to the department of social and rehabilitation serv-
11 ices.
12 (b) Whenever the executive director or the chairperson of the board
13 of directors of the corporation for change, or words of like effect, is re-
14 ferred to or designated by a statute, contract or other document, and such
15 reference relates to the family and children trust account of the family
16 and children investment fund, such reference or designation shall be
17 deemed to apply to the secretary of social and rehabilitation services.
18 (c) All orders and directives of the corporation for change or of the
19 executive director or the chairperson of the board of directors of the
20 corporation for change which are in existence on the effective date of this
21 act and which relate to the family and children trust account of the family
22 and children investment fund, shall continue to be effective and shall be
23 deemed to be orders and directives of the department of social and re-
24 habilitation services until revised, amended or nullified pursuant to law.
25 (d) The department of social and rehabilitation services shall succeed
26 to whatever right, title or interest the corporation for change has acquired
27 in any real property in this state with moneys from the family and children
28 trust account of the family and children investment fund, and the de-
29 partment of social and rehabilitation services shall hold the same for and
30 in the name of the state of Kansas. On and after the effective date of this
31 act, whenever any statute, contract, deed or other document concerns
32 the power or authority of the corporation for change or of the executive
33 director or the chairperson of the board of directors of the corporation
34 for change to acquire, hold or dispose of real property or any interest
35 therein and such power or authority relates to the children and family
36 trust account of the family and children investment fund or to real prop-
37 erty or any interest therein acquired with moneys from such account prior
38 to the effective date of this act, the department of social and rehabilitation
39 services shall succeed to such power or authority.
40 New Sec. 29. On and after July 1, 1997:
41 (a) Whenever the corporation for change, or words of like effect, is
42 referred to or designated by a statute, contract or other document and
43 such reference or designation relates to the permanent families account
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1 of the family and children investment fund, such reference or designation
2 shall be deemed to apply to the judicial administrator of the courts.
3 (b) Whenever the executive director or the chairperson of the board
4 of directors of the corporation for change, or words of like effect, is re-
5 ferred to or designated by a statute, contract or other document and such
6 reference or designation refers to the permanent families account of the
7 children and families investment fund, such reference or designation shall
8 be deemed to apply to the judicial administrator of the courts.
9 (c) All orders and directives of the corporation for change or of the
10 executive director or the chairperson of the board of directors of the
11 corporation for change in existence on the effective date of this act which
12 refer to the permanent families account of the children and families in-
13 vestment fund shall continue to be effective and shall be deemed to be
14 orders and directives of the judicial administrator of the courts until re-
15 vised, amended or nullified pursuant to law.
16 (d) The judicial administrator of the courts shall succeed to whatever
17 right, title or interest the corporation for change has acquired in any real
18 property in this state acquired with moneys from the permanent families
19 account of the family and children investment fund prior to the effective
20 date of this act, and the judicial administrator of the courts shall hold the
21 same for and in the name of the state of Kansas. On and after the effective
22 date of this act, whenever any statute, contract, deed or other document
23 concerns the power or authority of the corporation for change or of the
24 executive director or the chairperson of the board of directors of the
25 corporation for change to acquire, hold or dispose of real property or any
26 interest therein, and such power or authority relates to the permanent
27 families account of the family and children investment fund or to real
28 property or any interest therein acquired with moneys from such account
29 prior to the effective date of this act, the judicial administrator of the
30 courts shall succeed to such power or authority.
31 New Sec. 30. On and after July 1, 1997:
32 (a) Except as otherwise provided in this act, officers and employees
33 who, immediately prior to such date, were engaged in the performance
34 of powers, duties or functions of the corporation for change, which relate
35 to the family and children trust account of the family and children in-
36 vestment fund prior to the effective date of this act and which are trans-
37 ferred to the department of social and rehabilitation services, and who,
38 in the opinion of the secretary of social and rehabilitation services, are
39 necessary to perform the powers, duties and functions of the department
40 of social and rehabilitation services, shall be transferred to and shall be-
41 come officers and employees of the department of social and rehabilita-
42 tion services. Any such officer or employee shall retain all retirement
43 benefits and all rights of civil service which had accrued to or vested in
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1 such officer or employee prior to the effective date of this section. The
2 service of each such officer and employee so transferred shall be deemed
3 to have been continuous. All transfers and any abolition of personnel
4 positions in the classified service under the Kansas civil service act shall
5 be in accordance with civil service laws and any rules and regulations
6 adopted thereunder.
7 (b) Except as otherwise provided in this act, officers and employees
8 who, immediately prior to such date, were engaged in the performance
9 of powers, duties or functions of the corporation for change, which relate
10 to the permanent families account of the family and children investment
11 fund prior to the effective date of this act and which are transferred by
12 this act to the judicial administrator of the courts, and who, in the opinion
13 of the judicial administrator of the courts, are necessary to perform the
14 powers, duties and functions of the office of judicial administration under
15 this act, shall be transferred to, and shall become officers and employees
16 of the office of judicial administration. Any such officer or employee shall
17 retain all retirement benefits and all rights of civil service which had
18 accrued to or vested in such officer or employee prior to the effective
19 date of this section. The service of each such officer and employee so
20 transferred shall be deemed to have been continuous. All transfers and
21 any abolition of personnel positions in the classified service under the
22 Kansas civil service act shall be in accordance with civil service laws and
23 any rules and regulations adopted thereunder.
24 New Sec. 31. On and after July 1, 1997:
25 (a) When any conflict arises as to the disposition of any power, func-
26 tion or duty or the unexpended balance of any appropriation as a result
27 of any abolition, transfer, attachment or change made by or under au-
28 thority of this act, such conflict shall be resolved by the governor, whose
29 decision shall be final.
30 (b) The department of social and rehabilitation services shall succeed
31 to all property and records which were used for or pertain to the per-
32 formance of the powers, duties and functions transferred to the depart-
33 ment of social and rehabilitation services by this act. Any conflict as to
34 the proper disposition of property or records arising under this section,
35 and resulting from the transfer or attachment of any state agency, or all
36 or part of the powers, duties and functions thereof, shall be determined
37 by the governor, whose decision shall be final.
38 (c) The judicial administrator of the courts shall succeed to all prop-
39 erty and records which were used for or pertain to the performance of
40 the powers, duties and functions transferred to the judicial administrator
41 of the courts. Any conflict as to the proper disposition of property or
42 records arising under this section, and resulting from the transfer or at-
43 tachment of any state agency, or all or part of the powers, duties and
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1 functions thereof, shall be determined by the governor, whose decision
2 shall be final.
3 New Sec. 32. On and after July 1, 1997:
4 (a) The department of social and rehabilitation services shall have the
5 legal custody of all records, memoranda, writings, entries, prints, repre-
6 sentations or combinations thereof of any act, transaction, occurrence or
7 event of the corporation for change which relates to the family and chil-
8 dren trust account of the family and children investment fund transferred
9 to the department of social and rehabilitation services under this act.
10 (b) The judicial administrator of the courts shall have the legal cus-
11 tody of all records, memoranda, writings, entries, prints, representations
12 or combinations thereof of any act, transaction, occurrence or event of
13 the corporation for change which relates to the permanent families ac-
14 count of the family and children investment fund transferred to the ju-
15 dicial administrator of the courts under this act.
16 (c) No suit, action or other proceeding, judicial or administrative,
17 lawfully commenced, or which could have been commenced, by or against
18 any state agency mentioned in this act, or by or against any officer of the
19 state in such officer's official capacity or in relation to the discharge of
20 such officer's official duties, shall abate by reason of the governmental
21 reorganization effected under the provisions of this act. The court may
22 allow any such suit, action or other proceeding to be maintained by or
23 against the successor of any such state agency or any officer affected.
24 (d) No criminal action commenced or which could have been com-
25 menced by the state shall abate by the taking effect of this act.
26 New Sec. 33. On and after July 1, 1997:
27 (a) The balance of all funds received by the corporation for change
28 and maintained in interest-bearing accounts in Kansas banks or Kansas
29 savings and loan associations pursuant to K.S.A. 38-1809, prior to its re-
30 peal, shall be transferred to and deposited in the state treasury and cred-
31 ited to the family and children investment fund.
32 (b) The liability for all accrued compensation or salaries of officers
33 and employees who are transferred to the department of social and re-
34 habilitation services as provided for by this act and who become a part of
35 the department of social and rehabilitation services, shall be assumed and
36 paid by the department of social and rehabilitation services.
37 (c) The liability for all accrued compensation or salaries of officers
38 and employees who are transferred to the office of judicial administration
39 as provided for by this act and who become part of the office of judicial
40 administration, shall be assumed and paid by the judicial administrator of
41 the courts.
42 New Sec. 34. On and after July 1, 1997:
43 (a) The advisory committee on children and families is hereby cre-
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1 ated.
2 (b) The advisory committee on children and families shall consist of
3 nine members as follows: (1) The secretary of health and environment;
4 (2) the secretary of social and rehabilitation services; (3) the secretary of
5 human resources; (4) the commissioner of education; (5) the commis-
6 sioner of juvenile justice; (6) a member of the Kansas supreme court; and
7 (7) three members of the public who are interested in and knowledgeable
8 about the needs of children and families shall be appointed by the gov-
9 ernor, except that the members appointed by the governor to the advisory
10 committee on children and families created by executive order 97-1 on
11 January 9, 1997, shall be deemed members appointed by the governor of
12 the advisory committee on children and families established by this sec-
13 tion.
14 (c) The members of the advisory committee on children and families
15 appointed by the governor shall serve at the pleasure of the governor.
16 The governor shall appoint a chairperson of the committee and the mem-
17 bers of the committee may elect any additional officers from among its
18 members necessary to carry out the duties and functions of the commit-
19 tee.
20 (d) The advisory committee on children and families shall meet upon
21 the call of the chairperson as necessary to carry out the duties and func-
22 tions of the committee.
23 (e) The advisory committee on children and families shall have and
24 perform the following functions:
25 (1) Assist the governor in developing and implementing a coordi-
26 nated, comprehensive service delivery system to serve the children and
27 families of Kansas;
28 (2) identify barriers to service and gaps in service due to strict defi-
29 nitions of boundaries between departments and agencies;
30 (3) facilitate interagency and interdepartmental cooperation toward
31 the common goal of serving children and families;
32 (4) investigate and identify methodologies for the combining of funds
33 across departmental boundaries to better serve children and families;
34 (5) propose actions needed to achieve coordination of funding and
35 services across departmental lines; and
36 (6) encourage and facilitate joint planning and coordination between
37 the public and private sectors to better serve the needs of children and
38 families.
39 (f) Members of the advisory committee on children and families shall
40 not be paid compensation, but shall receive subsistence allowances, mile-
41 age and other expenses as provided by K.S.A. 75-3223, and amendments
42 thereto. The subsistence allowances, mileage and other expenses as pro-
43 vided in K.S.A. 75-3223 and amendments thereto shall be paid from avail-
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1 able appropriations of the department of social and rehabilitation services
2 except that expenses of members who are employed by a state agency
3 shall be reimbursed by that state agency.
4 Section 35. On and after July 1, 1997, K.S.A. 20-1a11 is hereby
5 amended to read as follows: 20-1a11. (a) There is hereby created in the
6 state treasury a judicial branch education fund.
7 (b) All money credited to the fund shall be used for the purpose of
8 educating and training judicial branch officers and employees; for admin-
9 istering the training, testing and education of municipal judges as pro-
10 vided in K.S.A. 12-4114, and amendments thereto; for educating and
11 training municipal judges and municipal court support staff; and for the
12 planning and implementation of a family court system as provided by law,
13 except that expenditures for this purpose for the fiscal year ending June
14 30, 1993, shall not exceed $30,000 through the corporation for change,
15 and on October 1, 1992, or as soon thereafter as moneys are available
16 therefor, and during fiscal year 1993, the director of accounts and reports
17 shall transfer $30,000 from the judicial branch education fund to the
18 family and children investment fund of the corporation for change and
19 all such moneys shall be used for such purpose. Expenditures from the
20 judicial branch education fund shall be made in accordance with appro-
21 priation acts upon warrants of the director of accounts and reports issued
22 pursuant to vouchers approved by the chief justice of the supreme court
23 or by a person or persons designated by the chief justice.
24 (c) The chief justice may apply for, receive and accept money from
25 any source for the purposes for which money in the judicial branch ed-
26 ucation fund may be expended. Upon receiving any such money, the chief
27 justice shall remit the entire amount at least monthly to the state treasurer
28 who shall deposit such money in the state treasury and credit such money
29 to the judicial branch education fund.
30 (d) Upon the effective date of this act, the director of accounts and
31 reports is directed to transfer all moneys in the municipal judge training
32 fund to the judicial branch education fund. Upon the effective date of
33 this act, all liabilities of the municipal judge training fund existing prior
34 to such date are hereby imposed on the judicial branch education fund.
35 Whenever the municipal judge training fund, or words of like effect, is
36 referred to or designated by any statute, contract, or other document,
37 such reference or designation shall be deemed to apply to the judicial
38 branch education fund. The municipal judge training fund is hereby abol-
39 ished.
40 Sec. 36. On and after July 1, 1997, K.S.A. 1996 Supp. 21-2511 is
41 hereby amended to read as follows: 21-2511. (a) Any person convicted as
42 an adult or adjudicated as a juvenile offender because of the commission
43 of an unlawful sexual act as defined in subsection (4) of K.S.A. 21-3501,
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1 and amendments thereto, or convicted as an adult or adjudicated as a
2 juvenile offender because of the commission of a violation of K.S.A. 21-
3 3401, 21-3402, 21-3510, 21-3511, 21-3516, 21-3602, 21-3603 or 21-3609,
4 and amendments thereto, including an attempt, as defined in K.S.A. 21-
5 3301, and amendments thereto, conspiracy, as defined in K.S.A. 21-3302,
6 and amendments thereto, or criminal solicitation, as defined in K.S.A. 21-
7 3303, and amendments thereto, of any such offenses provided in this
8 subsection regardless of the sentence imposed, shall be required to sub-
9 mit specimens of blood and saliva to the Kansas bureau of investigation
10 in accordance with the provisions of this act, if such person is:
11 (1) Convicted as an adult or adjudicated as a juvenile offender be-
12 cause of the commission of a crime specified in subsection (a) on or after
13 the effective date of this act;
14 (2) ordered institutionalized as a result of being convicted as an adult
15 or adjudicated as a juvenile offender because of the commission of a crime
16 specified in subsection (a) on or after the effective date of this act; or
17 (3) convicted as an adult or adjudicated as a juvenile offender because
18 of the commission of a crime specified in this subsection before the ef-
19 fective date of this act and is presently confined as a result of such con-
20 viction or adjudication in any state correctional facility or county jail or is
21 presently serving an authorized disposition a sentence under K.S.A. 21-
22 4603, 22-3717 or 38-1663, and amendments thereto.
23 (b) Notwithstanding any other provision of law, the Kansas bureau of
24 investigation is authorized to obtain fingerprints and other identifiers for
25 all persons, whether juveniles or adults, covered by this act.
26 (c) Any person required by paragraphs (a)(1) and (a)(2) to provide
27 specimens of blood and saliva shall be ordered by the court to have spec-
28 imens of blood and saliva collected within 10 days after sentencing or
29 adjudication:
30 (1) If placed directly on probation, that person must provide speci-
31 mens of blood and saliva, at a collection site designated by the Kansas
32 bureau of investigation. Failure to cooperate with the collection of the
33 specimens and any deliberate act by that person intended to impede,
34 delay or stop the collection of the specimens shall be punishable as con-
35 tempt of court and constitute grounds to revoke probation;
36 (2) if sentenced to the secretary of corrections, the specimens of
37 blood and saliva will be obtained immediately upon arrival at the Topeka
38 correctional facility; or
39 (3) if a juvenile offender is placed in the custody of the secretary of
40 social and rehabilitation services commissioner of juvenile justice, in a
41 youth residential facility or in a state youth center juvenile correctional
42 facility, the specimens of blood and saliva will be obtained immediately
43 upon arrival.
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1 (d) Any person required by paragraph (a)(3) to provide specimens of
2 blood and saliva shall be required to provide such samples prior to final
3 discharge, parole, or conditional release at a collection site designated by
4 the Kansas bureau of investigation.
5 (e) The Kansas bureau of investigation shall provide all specimen vi-
6 als, mailing tubes, labels and instructions necessary for the collection of
7 blood and saliva samples. The collection of samples shall be performed
8 in a medically approved manner. No person authorized by this section to
9 withdraw blood and collect saliva, and no person assisting in the collection
10 of these samples shall be liable in any civil or criminal action when the
11 act is performed in a reasonable manner according to generally accepted
12 medical practices. The withdrawal of blood for purposes of this act may
13 be performed only by: (1) A person licensed to practice medicine and
14 surgery or a person acting under the supervision of any such licensed
15 person; (2) a registered nurse or a licensed practical nurse; or (3) any
16 qualified medical technician including, but not limited to, an emergency
17 medical technician-intermediate or mobile intensive care technician, as
18 those terms are defined in K.S.A. 65-6112, and amendments thereto, or
19 a phlebotomist. The samples shall thereafter be forwarded to the Kansas
20 bureau of investigation for analysis and categorizing into genetic marker
21 groupings.
22 (f) The genetic marker groupings shall be maintained by the Kansas
23 bureau of investigation. The Kansas bureau of investigation shall establish,
24 implement and maintain a statewide automated personal identification
25 system capable of, but not limited to, classifying, matching and storing
26 analysis of DNA (deoxyribonucleic acid) and other biological molecules.
27 The genetic marker grouping analysis information and identification sys-
28 tem as established by this act shall be compatible with the procedures
29 specified by the federal bureau of investigation's combined DNA index
30 system (CODIS). The Kansas bureau of investigation may participate in
31 the CODIS program by sharing data and utilizing compatible test pro-
32 cedures, laboratory equipment, supplies and computer software.
33 (g) The genetic marker grouping analysis information obtained pur-
34 suant to this act shall be confidential and shall be released only to law
35 enforcement officers of the United States, of other states or territories,
36 of the insular possessions of the United States, or foreign countries duly
37 authorized to receive the same, to all law enforcement officers of the state
38 of Kansas and to all prosecutor's agencies.
39 (h) The Kansas bureau of investigation shall be the state central re-
40 pository for all genetic marker grouping analysis information obtained
41 pursuant to this act. The Kansas bureau of investigation may promulgate
42 rules and regulations for the form and manner of the collection of blood
43 and saliva samples and other procedures for the operation of this act. The
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1 provisions of the Kansas administrative procedure act shall apply to all
2 actions taken under the rules and regulations so promulgated.
3 Sec. 37. On and after July 1, 1997, K.S.A. 1996 Supp. 21-3413 is
4 hereby amended to read as follows: 21-3413. Battery against a law en-
5 forcement officer is a battery, as defined in K.S.A. 21-3412 and amend-
6 ments thereto:
7 (a) (1) Committed against a uniformed or properly identified state,
8 county or city law enforcement officer other than a state correctional
9 officer or employee, a city or county correctional officer or employee, a
10 state youth center juvenile correctional facility officer or employee or a
11 juvenile detention facility officer or employee, while such officer is en-
12 gaged in the performance of such officer's duty;
13 (2) committed against a state correctional officer or employee by a
14 person in custody of the secretary of corrections, while such officer or
15 employee is engaged in the performance of such officer's or employee's
16 duty;
17 (3) committed against a state youth center juvenile correctional fa-
18 cility officer or employee by a person confined in such youth center ju-
19 venile correctional facility, while such officer or employee is engaged in
20 the performance of such officer's or employee's duty;
21 (4) committed against a juvenile detention facility officer or employee
22 by a person confined in such juvenile detention facility, while such officer
23 or employee is engaged in the performance of such officer's or employee's
24 duty; or
25 (5) committed against a city or county correctional officer or em-
26 ployee by a person confined in a city holding facility or county jail facility,
27 while such officer or employee is engaged in the performance of such
28 officer's or employee's duty.
29 (b) Battery against a law enforcement officer as defined in subsection
30 (a)(1) is a class A person misdemeanor. Battery against a law enforcement
31 officer as defined in subsection (a)(2), (a)(3), (a)(4) or (a)(5) is a severity
32 level 7 6, person felony.
33 (c) As used in this section:
34 (1) ``Correctional institution'' means any institution or facility under
35 the supervision and control of the secretary of corrections.
36 (2) ``State correctional officer or employee'' means any officer or em-
37 ployee of the Kansas department of corrections or any independent con-
38 tractor, or any employee of such contractor, working at a correctional
39 institution.
40 (3) ``State youth center Juvenile correctional facility officer or em-
41 ployee'' means any officer or employee of the Kansas department of social
42 and rehabilitation services juvenile justice authority or any independent
43 contractor, or any employee of such contractor, working at a state youth
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1 center juvenile correctional facility, as defined in K.S.A. 38-1602 and
2 amendments thereto.
3 (4) ``Juvenile detention facility officer or employee'' means any officer
4 or employee of a juvenile detention facility as defined in K.S.A. 38-1602
5 and amendments thereto.
6 (5) ``City or county correctional officer or employee'' means any cor-
7 rectional officer or employee of the city or county or any independent
8 contractor, or any employee of such contractor, working at a city holding
9 facility or county jail facility.
10 Sec. 38. On and after July 1, 1997, K.S.A. 21-3612, as amended by
11 section 25 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
12 amended to read as follows: 21-3612. (a) Contributing to a child's mis-
13 conduct or deprivation is:
14 (1) Causing or encouraging a child under 18 years of age to become
15 or remain a child in need of care as defined by the Kansas code for care
16 of children;
17 (2) causing or encouraging a child under 18 years of age to commit
18 a traffic infraction or an act which, if committed by an adult, would be a
19 misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection
20 (j) of K.S.A. 74-8810 and amendments thereto;
21 (3) failure to reveal, upon inquiry by a uniformed or properly iden-
22 tified law enforcement officer engaged in the performance of such offi-
23 cer's duty, any information one has regarding a runaway, with intent to
24 aid the runaway in avoiding detection or apprehension;
25 (4) sheltering or concealing a runaway with intent to aid the runaway
26 in avoiding detection or apprehension by law enforcement officers;
27 (5) causing or encouraging a child under 18 years of age to commit
28 an act which, if committed by an adult, would be a felony; or
29 (6) causing or encouraging a child to violate the terms or conditions
30 of the child's probation or conditional release pursuant to subsection
31 (a)(1) of K.S.A. 38-1663, and amendments thereto.
32 Contributing to a child's misconduct or deprivation as described in
33 subsection (a)(1), (2), (3) or (6) is a class A nonperson misdemeanor.
34 Contributing to a child's misconduct or deprivation as described in sub-
35 section (a)(4) is a severity level 8, person felony. Contributing to a child's
36 misconduct or deprivation as described in subsection (a)(5) is a severity
37 level 7, person felony.
38 (b) A person may be found guilty of contributing to a child's miscon-
39 duct or deprivation even though no prosecution of the child whose mis-
40 conduct or deprivation the defendant caused or encouraged has been
41 commenced pursuant to the Kansas code for care of children, Kansas
42 juvenile justice code or Kansas criminal code.
43 (c) As used in this section, ``runaway'' means a child under 18 years
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1 of age who is willfully and voluntarily absent from:
2 (1) The child's home without the consent of the child's parent or
3 other custodian; or
4 (2) a court ordered or designated placement, or a placement pursuant
5 to court order, if the absence is without the consent of the person with
6 whom the child is placed or, if the child is placed in a facility, without
7 the consent of the person in charge of such facility or such person's des-
8 ignee.
9 (d) This section shall be part of and supplemental to the Kansas crim-
10 inal code.
11 Sec. 39. On and after July 1, 1997, K.S.A. 22-4701, as amended by
12 section 27 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
13 amended to read as follows: 22-4701. As used in this act, unless the con-
14 text clearly requires otherwise:
15 (a) ``Central repository'' means the criminal justice information sys-
16 tem central repository created by this act and the juvenile offender in-
17 formation system created pursuant to K.S.A. 38-1618, and amendments
18 thereto.
19 (b) ``Criminal history record information'' means data initiated or col-
20 lected by a criminal justice agency on a person pertaining to a reportable
21 event. The term does not include:
22 (1) Data contained in intelligence or investigatory files or police work-
23 product records used solely for police investigation purposes;
24 (2) juvenile offender information other than data pertaining to a per-
25 son following waiver of jurisdiction pursuant to the Kansas juvenile code
26 or an authorization for prosecution as an adult pursuant to the Kansas
27 juvenile justice code;
28 (3) (2) wanted posters, police blotter entries, court records of public
29 judicial proceedings or published court opinions;
30 (4) (3) data pertaining to violations of the traffic laws of the state or
31 any other traffic law or ordinance, other than vehicular homicide; or
32 (5) (4) presentence investigation and other reports prepared for use
33 by a court in the exercise of criminal jurisdiction or by the governor in
34 the exercise of the power of pardon, reprieve or commutation.
35 (c) ``Criminal justice agency'' means any government agency or sub-
36 division of any such agency which is authorized by law to exercise the
37 power of arrest, detention, prosecution, adjudication, correctional super-
38 vision, rehabilitation or release of persons suspected, charged or con-
39 victed of a crime and which allocates a substantial portion of its annual
40 budget to any of these functions. The term includes, but is not limited
41 to, the following agencies, when exercising jurisdiction over criminal mat-
42 ters or criminal history record information:
43 (1) State, county, municipal and railroad police departments, sheriffs'
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1 offices and countywide law enforcement agencies, correctional facilities,
2 jails and detention centers;
3 (2) the offices of the attorney general, county or district attorneys and
4 any other office in which are located persons authorized by law to pros-
5 ecute persons accused of criminal offenses;
6 (3) the district courts, the court of appeals, the supreme court, the
7 municipal courts and the offices of the clerks of these courts;
8 (4) the Kansas sentencing commission;
9 (5) the Kansas parole board; and
10 (6) the juvenile justice authority.
11 (d) ``Criminal justice information system'' means the equipment (in-
12 cluding computer hardware and software), facilities, procedures, agree-
13 ments and personnel used in the collection, processing, preservation and
14 dissemination of criminal history record information.
15 (e) ``Director'' means the director of the Kansas bureau of investi-
16 gation.
17 (f) ``Disseminate'' means to transmit criminal history record infor-
18 mation in any oral or written form. The term does not include:
19 (1) The transmittal of such information within a criminal justice
20 agency;
21 (2) the reporting of such information as required by this act; or
22 (3) the transmittal of such information between criminal justice agen-
23 cies in order to permit the initiation of subsequent criminal justice pro-
24 ceedings against a person relating to the same offense.
25 (g) ``Juvenile offender information'' has the meaning provided by
26 K.S.A. 38-1617, and amendments thereto.
27 (h) (g) ``Reportable event'' means an event specified or provided for
28 in K.S.A. 22-4705, and amendments thereto.
29 Sec. 40. On and after July 1, 1997, K.S.A. 1996 Supp. 28-170 is
30 hereby amended to read as follows: 28-170. (a) The docket fee prescribed
31 by K.S.A. 60-2001 and amendments thereto shall be the only costs as-
32 sessed for services of the clerk of the district court and the sheriff in any
33 case filed under chapter 60 of the Kansas Statutes Annotated. For services
34 in other matters in which no other fee is prescribed by statute, the fol-
35 lowing fees shall be charged and collected by the clerk. Only one fee shall
36 be charged for each bond, lien or judgment:
37 1. For filing, entering and releasing a bond, mechanic's lien, notice of intent to perform, personal property tax
judgment or any judgment on which execu-tion process cannot be issued $5
38 2. For filing, entering and releasing a judgment of a court of this state on which execution or other process can
be issued 15
39 3. For a certificate, or for copying or certifying any paper or writ, such fee as shall be prescribed by the
district court.
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1 (b) The fees for entries, certificates and other papers required in
2 naturalization cases shall be those prescribed by the federal government
3 and, when collected, shall be disbursed as prescribed by the federal gov-
4 ernment. The clerk of the court shall remit to the state treasurer at least
5 monthly all moneys received from fees prescribed by subsection (a) or
6 (b) or received for any services performed which may be required by law.
7 The state treasurer shall deposit the remittance in the state treasury and
8 credit the entire amount to the state general fund.
9 (c) In actions pursuant to the Kansas code for care of children (K.S.A.
10 38-1501 et seq. and amendments thereto), the Kansas juvenile offenders
11 justice code (K.S.A. 38-1601 et seq. and amendments thereto), the act for
12 treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments
13 thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and
14 amendments thereto) or the care and treatment act for mentally ill per-
15 sons (K.S.A. 1996 Supp. 59-2945 et seq. and amendments thereto), the
16 clerk shall charge an additional fee of $1 which shall be deducted from
17 the docket fee and credited to the prosecuting attorneys' training fund as
18 provided in K.S.A. 28-170a and amendments thereto.
19 (d) In actions pursuant to the Kansas code for care of children (K.S.A.
20 38-1501 et seq. and amendments thereto), the Kansas juvenile offenders
21 justice code (K.S.A. 38-1601 et seq. and amendments thereto), the act for
22 treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments
23 thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and
24 amendments thereto) or the care and treatment act for mentally ill per-
25 sons (K.S.A. 1996 Supp. 59-2945 et seq. and amendments thereto), the
26 clerk shall charge an additional fee of $.50 which shall be deducted from
27 the docket fee and credited to the indigents' defense services fund as
28 provided in K.S.A. 28-172b and amendments thereto.
29 Sec. 41. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1507 is
30 hereby amended to read as follows: 38-1507. (a) In order to protect the
31 privacy of children who are the subject of a child in need of care record
32 or report, all records and reports concerning children in need of care,
33 including the juvenile intake and assessment report, received by the de-
34 partment of social and rehabilitation services, a law enforcement agency
35 or any juvenile intake and assessment worker shall be kept confidential
36 except: (1) To those persons or entities with a need for information that
37 is directly related to achieving the purposes of this code, or (2) upon an
38 order of a court of competent jurisdiction pursuant to a determination by
39 the court that disclosure of the reports and records is in the best interests
40 of the child or are necessary for the proceedings before the court, or both,
41 and are otherwise admissible in evidence. Such access shall be limited to
42 in camera inspection unless the court otherwise issues an order specifying
43 the terms of disclosure.
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1 (b) When a report is received by the department of social and reha-
2 bilitation services, a law enforcement agency or any juvenile intake and
3 assessment worker which indicates a child may be in need of care, the
4 following persons and entities shall have a free exchange of information
5 between and among them:
6 (1) The department of social and rehabilitation services;
7 (2) the commissioner of juvenile justice;
8 (3) the law enforcement agency receiving such report;
9 (4) members of a court appointed multidisciplinary team;
10 (5) an entity mandated by federal law or an agency of any state au-
11 thorized to receive and investigate reports of a child known or suspected
12 to be in need of care;
13 (6) a military enclave or Indian tribal organization authorized to re-
14 ceive and investigate reports of a child known or suspected to be in need
15 of care;
16 (7) a county or district attorney;
17 (8) a court services officer who has taken a child into custody pursuant
18 to K.S.A. 38-1527, and amendments thereto;
19 (9) a guardian ad litem appointed for a child alleged to be in need of
20 care;
21 (10) an intake and assessment worker; and
22 (11) any community corrections program which has the child under
23 court ordered supervision.
24 (c) The following persons or entities shall have access to information,
25 records or reports received by the department of social and rehabilitation
26 services, a law enforcement agency or any juvenile intake and assessment
27 worker. Access shall be limited to information necessary to carry out their
28 lawful responsibilities or to diagnose, treat, care for or protect a child
29 alleged to be in need of care.
30 (1) A child named in the report or records.
31 (2) A parent or other person responsible for the welfare of a child,
32 or such person's legal representative.
33 (3) A court-appointed special advocate for a child, a citizen review
34 board or other advocate which reports to the court.
35 (4) A person licensed to practice the healing arts or mental health
36 profession in order to diagnose, care for, treat or supervise: (A) A child
37 whom such service provider reasonably suspects may be in need of care;
38 (B) a member of the child's family; or (C) a person who allegedly abused
39 or neglected the child.
40 (5) A person or entity licensed or registered by the secretary of health
41 and environment or approved by the secretary of social and rehabilitation
42 services to care for, treat or supervise a child in need of care. In order to
43 assist a child placed for care by the secretary of social and rehabilitation
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37
1 services in a foster home or child care facility, the secretary shall provide
2 relevant information to the foster parents or child care facility prior to
3 placement and as such information becomes available to the secretary.
4 (6) Parties to a court proceeding in which the information in the
5 records is legally relevant and necessary for determination of an issue
6 before such court, provided that prior to such disclosure the judge has
7 reviewed the records in camera, has determined the relevancy and ne-
8 cessity of such disclosure and has limited disclosure to such legally rele-
9 vant information under an appropriate order.
10 (7) A coroner or medical examiner when such person is determining
11 the cause of death of a child.
12 (8) (7) The state child death review board established under K.S.A.
13 22a-243, and amendments thereto.
14 (9) (8) A prospective adoptive parent prior to placing a child in their
15 care.
16 (10) (9) The department of health and environment or person au-
17 thorized by the department of health and environment pursuant to K.S.A.
18 59-512, and amendments thereto, for the purpose of carrying out respon-
19 sibilities relating to licensure or registration of child care providers as
20 required by chapter 65 of article 5 of the Kansas Statutes Annotated, and
21 amendments thereto.
22 (11) (10) The state protection and advocacy agency as provided by
23 subsection (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of
24 K.S.A. 74-5515, and amendments thereto.
25 (12) (11) Any educational institution to the extent allowed pursuant
26 to law or pursuant to court order.
27 (13) Any other person when authorized by a court order, subject to
28 any conditions imposed by the order.
29 (d) Information from a record or report of a child in need of care
30 shall be available to members of the standing house or senate committee
31 on judiciary, house committee on appropriations, senate committee on
32 ways and means, legislative post audit committee and joint committee on
33 children and families, carrying out such member's or committee's official
34 functions in accordance with K.S.A. 75-4319 and amendments thereto,
35 in a closed or executive meeting. Except in limited conditions established
36 by 2/3 of the members of such committee, records and reports received
37 by the committee shall not be further disclosed. Unauthorized disclosure
38 may subject such member to discipline or censure from the house of
39 representatives or senate.
40 (e) Nothing in this section shall be interpreted to prohibit the sec-
41 retary of social and rehabilitation services from summarizing the outcome
42 of department actions regarding a child alleged to be a child in need of
43 care to a person having made such report.
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1 (f) Disclosure of information from reports or records of a child in
2 need of care to the public shall be limited to conformation confirmation
3 of factual details with respect to how the case was handled that do not
4 violate the privacy of the child, if living, or the child's siblings, parents or
5 guardians. Further, confidential information may be released to the pub-
6 lic only with the express written permission of the individuals involved or
7 their representatives or upon order of the court having jurisdiction upon
8 a finding by the court that public disclosure of information in the records
9 or reports is necessary for the resolution of an issue before the court.
10 (g) Nothing in this section shall be interpreted to prohibit a court of
11 competent jurisdiction from making an order disclosing the findings or
12 information pursuant to a report of alleged or suspected child abuse or
13 neglect which has resulted in a child fatality or near fatality if the court
14 determines such disclosure is necessary to a legitimate state purpose. In
15 making such order, the court shall give due consideration to the privacy
16 of the child, if, living, or the child's siblings, parents or guardians.
17 (g) (h) Information authorized to be disclosed in subsections (c)
18 through (f) shall not contain information which identifies a reporter of a
19 child in need of care.
20 (h) (i) Records or reports authorized to be disclosed in this section
21 shall not be further disclosed.
22 (i) (j) Anyone who participates in providing or receiving information
23 without malice under the provisions of this section shall have immunity
24 from any civil liability that might otherwise be incurred or imposed. Any
25 such participant shall have the same immunity with respect to participa-
26 tion in any judicial proceedings resulting from providing or receiving in-
27 formation.
28 (j) (k) No individual, association, partnership, corporation or other
29 entity shall willfully or knowingly disclose, permit or encourage disclosure
30 of the contents of records or reports concerning a child in need of care
31 received by the department of social and rehabilitation services, a law
32 enforcement agency or a juvenile intake and assessment worker except
33 as provided by this code. Violation of this subsection is a class B misde-
34 meanor.
35 Sec. 42. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1508 is
36 hereby amended to read as follows: 38-1508. All records and reports con-
37 cerning child abuse or neglect received by law enforcement agencies shall
38 be kept separate from all other records and shall not be disclosed to
39 anyone except:
40 (a) The judge and members of the court staff designated by the judge
41 of the court having the child before it in any proceedings;
42 (b) the guardian ad litem and the parties to the proceedings and their
43 attorneys, subject to the restrictions imposed by subsection (a)(2)(C) of
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39
1 K.S.A. 38-1507 and amendments thereto;
2 (c) the department of social and rehabilitation services;
3 (d) any individual, or public or private agency authorized by a prop-
4 erly constituted authority to diagnose, care for, treat or supervise a child
5 who is the subject of a report or record of child abuse or neglect and
6 specifically includes the following: Physicians, psychiatrists, nurse nurses,
7 nurse practitioners, psychologists, licensed social workers, child devel-
8 opment specialists, physician assistants, community mental health work-
9 ers, alcohol and drug abuse counselors, and licensed or registered child
10 care providers. Teachers, administrators and school paraprofessionals
11 shall have access but shall not copy materials in the file;
12 (e) law enforcement officers or county or district attorneys or their
13 staff when necessary for the discharge of their official duties in investi-
14 gating or prosecuting a report of known or suspected child abuse or ne-
15 glect;
16 (f) any member of the standing house or senate committee on judi-
17 ciary, house committee on appropriations, senate committee on ways and
18 means, legislative post audit committee and joint committee on children
19 and families, carrying out such member's or committee's official func-
20 tions; and
21 (g) any juvenile intake and assessment worker.
22 Sec. 43. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1522 is
23 hereby amended to read as follows: 38-1522. (a) When any of the follow-
24 ing persons has reason to suspect that a child has been injured as a result
25 of physical, mental or emotional abuse or neglect or sexual abuse, the
26 person shall report the matter promptly as provided in subsection (c) or
27 (e): Persons licensed to practice the healing arts or dentistry; persons
28 licensed to practice optometry; persons engaged in postgraduate training
29 programs approved by the state board of healing arts; licensed psychol-
30 ogists; licensed professional or practical nurses examining, attending or
31 treating a child under the age of 18; teachers, school administrators or
32 other employees of a school which the child is attending; chief adminis-
33 trative officers of medical care facilities; registered marriage and family
34 therapists; persons licensed by the secretary of health and environment
35 to provide child care services or the employees of persons so licensed at
36 the place where the child care services are being provided to the child;
37 licensed social workers; firefighters; emergency medical services person-
38 nel; mediators appointed under K.S.A. 23-602 and amendments thereto;
39 juvenile intake and assessment workers; and law enforcement officers.
40 The report may be made orally and shall be followed by a written report
41 if requested. When the suspicion is the result of medical examination or
42 treatment of a child by a member of the staff of a medical care facility or
43 similar institution, that staff member shall immediately notify the super-
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40
1 intendent, manager or other person in charge of the institution who shall
2 make a written report forthwith. Every written report shall contain, if
3 known, the names and addresses of the child and the child's parents or
4 other persons responsible for the child's care, the child's age, the nature
5 and extent of the child's injury (including any evidence of previous inju-
6 ries) and any other information that the maker of the report believes
7 might be helpful in establishing the cause of the injuries and the identity
8 of the persons responsible for the injuries.
9 (b) Any other person who has reason to suspect that a child has been
10 injured as a result of physical, mental or emotional abuse or neglect or
11 sexual abuse may report the matter as provided in subsection (c) or (e).
12 (c) Except as provided by subsection (e), reports made pursuant to
13 this section shall be made to the state department of social and rehabil-
14 itation services. When the department is not open for business, the re-
15 ports shall be made to the appropriate law enforcement agency. On the
16 next day that the state department of social and rehabilitation services is
17 open for business, the law enforcement agency shall report to the de-
18 partment any report received and any investigation initiated pursuant to
19 subsection (a) of K.S.A. 38-1524 and amendments thereto. The reports
20 may be made orally or, on request of the department, in writing.
21 (d) Any person who is required by this section to report an injury to
22 a child and who knows of the death of a child shall notify immediately
23 the coroner as provided by K.S.A. 22a-242, and amendments thereto.
24 (e) Reports of child abuse or neglect occurring in an institution op-
25 erated by the secretary of social and rehabilitation services or the com-
26 missioner of juvenile justice shall be made to the attorney general. All
27 other reports of child abuse or neglect by persons employed by or of
28 children of persons employed by the state department of social and re-
29 habilitation services or the juvenile justice authority shall be made to the
30 appropriate law enforcement agency.
31 (f) Willful and knowing failure to make a report required by this sec-
32 tion is a class B misdemeanor.
33 (g) Preventing or interfering with, with the intent to prevent, the
34 making of a report required by this section is a class B misdemeanor.
35 Sec. 44. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1602, as
36 amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas,
37 is hereby amended to read as follows: 38-1602. As used in this code, unless
38 the context otherwise requires:
39 (a) ``Juvenile'' means a person 10 or more years of age but less than
40 18 years of age.
41 (b) ``Juvenile offender'' means a person who does an act while a ju-
42 venile which if done by an adult would constitute the commission of a
43 felony or misdemeanor as defined by K.S.A. 21-3105 and amendments
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41
1 thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41-
2 727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but
3 does not include:
4 (1) A person 14 or more years of age who commits a traffic offense,
5 as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;
6 (2) a person 16 years of age or over who commits an offense defined
7 in chapter 32 of the Kansas Statutes Annotated; or
8 (3) a person whose prosecution as an adult is authorized pursuant
9 to K.S.A. 38-1636 and amendments thereto. and whose prosecution re-
10 sults in the conviction of an adult crime.
11 (c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
12 fender, includes a guardian, conservator and every person who is by law
13 liable to maintain, care for or support the juvenile.
14 (d) ``Law enforcement officer'' means any person who by virtue of
15 that person's office or public employment is vested by law with a duty to
16 maintain public order or to make arrests for crimes, whether that duty
17 extends to all crimes or is limited to specific crimes.
18 (e) ``Youth residential facility'' means any home, foster home or struc-
19 ture which provides twenty-four-hour-a-day care for juveniles and which
20 is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
21 Annotated.
22 (f) ``Juvenile detention facility'' means any secure public or private
23 facility which is used for the lawful custody of accused or adjudicated
24 juvenile offenders and which must not be a jail.
25 (g) ``Juvenile correctional facility'' means a facility operated by the
26 commissioner for juvenile offenders.
27 (h) ``Warrant'' means a written order by a judge of the court directed
28 to any law enforcement officer commanding the officer to take into cus-
29 tody the juvenile named or described therein.
30 (i) ``Commissioner'' means the commissioner of juvenile justice.
31 (j) ``Jail'' means:
32 (1) An adult jail or lockup; or
33 (2) a facility in the same building as an adult jail or lockup, unless the
34 facility meets all applicable licensure requirements under law and there
35 is (A) total separation of the juvenile and adult facility spatial areas such
36 that there could be no haphazard or accidental contact between juvenile
37 and adult residents in the respective facilities; (B) total separation in all
38 juvenile and adult program activities within the facilities, including rec-
39 reation, education, counseling, health care, dining, sleeping, and general
40 living activities; and (C) separate juvenile and adult staff, including man-
41 agement, security staff and direct care staff such as recreational, educa-
42 tional and counseling.
43 (k) ``Court-appointed special advocate'' means a responsible adult,
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42
1 other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
2 ments thereto, who is appointed by the court to represent the best inter-
3 ests of a child, as provided in K.S.A. 1995 1996 Supp. 38-1606a, and
4 amendments thereto, in a proceeding pursuant to this code.
5 (l) ``Juvenile intake and assessment worker'' means a responsible
6 adult authorized to perform intake and assessment services as part of the
7 intake and assessment system established pursuant to section 5 K.S.A.
8 1996 Supp. 76-3202, and amendments thereto.
9 (m) ``Institution'' means the following institutions: The Atchison ju-
10 venile correctional facility at Atchison, the Beloit juvenile correctional
11 facility at Beloit, the Larned juvenile correctional facility at Larned, the
12 juvenile correctional facility at Osawatomie and the Topeka juvenile cor-
13 rectional facility at Topeka.
14 (n) ``Sanction house'' means a facility which is operated or structured
15 so as to ensure that all entrances and exits from the facility are under the
16 exclusive control of the staff of the facility, whether or not the person
17 being detained has freedom of movement within the perimeters of the
18 facility, or which relies on locked rooms and buildings, fences, or physical
19 restraint in order to control behavior of its residents. Upon an order from
20 the court, a licensed juvenile detention facility may serve as a sanction
21 house. A sanction house may be physically connected to a nonsecure shel-
22 ter facility provided the sanction house is not a licensed juvenile detention
23 facility.
24 (o) ``Sentencing risk assessment tool'' means an instrument adminis-
25 tered to juvenile offenders which delivers a score, or group of scores,
26 describing, but not limited to describing, the juvenile's potential risk to
27 the community.
28 Sec. 45. On and after January 1, 1998, K.S.A. 1995 Supp. 38-1602,
29 as amended by section 44 of this act, is hereby amended to read as follows:
30 38-1602. As used in this code, unless the context otherwise requires:
31 (a) ``Juvenile'' means a person 10 or more years of age but less than
32 18 years of age.
33 (b) ``Juvenile offender'' means a person who does an act while a ju-
34 venile which if done by an adult would constitute the commission of a
35 felony or misdemeanor as defined by K.S.A. 21-3105 and amendments
36 thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41-
37 727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but
38 does not include:
39 (1) A person 14 or more years of age who commits a traffic offense,
40 as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;
41 (2) a person 16 years of age or over who commits an offense defined
42 in chapter 32 of the Kansas Statutes Annotated; or
43 (3) a person whose prosecution as an adult is authorized pursuant
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43
1 to K.S.A. 38-1636 and amendments thereto and whose prosecution re-
2 sults in the conviction of an adult crime; or
3 (4) a person who has been found to be an extended jurisdiction ju-
4 venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
5 thereto, and whose stay of adult sentence execution has been revoked.
6 (c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
7 fender, includes a guardian, conservator and every person who is by law
8 liable to maintain, care for or support the juvenile.
9 (d) ``Law enforcement officer'' means any person who by virtue of
10 that person's office or public employment is vested by law with a duty to
11 maintain public order or to make arrests for crimes, whether that duty
12 extends to all crimes or is limited to specific crimes.
13 (e) ``Youth residential facility'' means any home, foster home or struc-
14 ture which provides twenty-four-hour-a-day care for juveniles and which
15 is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
16 Annotated.
17 (f) ``Juvenile detention facility'' means any secure public or private
18 facility which is used for the lawful custody of accused or adjudicated
19 juvenile offenders and which must not be a jail.
20 (g) ``Juvenile correctional facility'' means a facility operated by the
21 commissioner for juvenile offenders.
22 (h) ``Warrant'' means a written order by a judge of the court directed
23 to any law enforcement officer commanding the officer to take into cus-
24 tody the juvenile named or described therein.
25 (i) ``Commissioner'' means the commissioner of juvenile justice.
26 (j) ``Jail'' means:
27 (1) An adult jail or lockup; or
28 (2) a facility in the same building as an adult jail or lockup, unless the
29 facility meets all applicable licensure requirements under law and there
30 is (A) total separation of the juvenile and adult facility spatial areas such
31 that there could be no haphazard or accidental contact between juvenile
32 and adult residents in the respective facilities; (B) total separation in all
33 juvenile and adult program activities within the facilities, including rec-
34 reation, education, counseling, health care, dining, sleeping, and general
35 living activities; and (C) separate juvenile and adult staff, including man-
36 agement, security staff and direct care staff such as recreational, educa-
37 tional and counseling.
38 (k) ``Court-appointed special advocate'' means a responsible adult,
39 other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
40 ments thereto, who is appointed by the court to represent the best inter-
41 ests of a child, as provided in K.S.A. 1996 Supp. 38-1606a, and amend-
42 ments thereto, in a proceeding pursuant to this code.
43 (l) ``Juvenile intake and assessment worker'' means a responsible
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44
1 adult authorized to perform intake and assessment services as part of the
2 intake and assessment system established pursuant to K.S.A. 1996 Supp.
3 76-3202, and amendments thereto.
4 (m) ``Institution'' means the following institutions: The Atchison ju-
5 venile correctional facility, the Beloit juvenile correctional facility, the
6 Larned juvenile correctional facility and the Topeka juvenile correctional
7 facility.
8 (n) ``Sanction house'' means a facility which is operated or structured
9 so as to ensure that all entrances and exits from the facility are under the
10 exclusive control of the staff of the facility, whether or not the person
11 being detained has freedom of movement within the perimeters of the
12 facility, or which relies on locked rooms and buildings, fences, or physical
13 restraint in order to control behavior of its residents. Upon an order from
14 the court, a licensed juvenile detention facility may serve as a sanction
15 house. A sanction house may be physically connected to a nonsecure
16 shelter facility provided the sanction house is not a licensed juvenile de-
17 tention facility.
18 (o) ``Sentencing risk assessment tool'' means an instrument adminis-
19 tered to juvenile offenders which delivers a score, or group of scores,
20 describing, but not limited to describing, the juvenile's potential risk to
21 the community.
22 Sec. 46. On and after July 1, 1997, K.S.A. 38-1604, as amended by
23 section 42 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
24 amended to read as follows: 38-1604. (a) Except as provided in K.S.A.
25 38-1636 and 21-3611 and amendments thereto, proceedings concerning
26 a juvenile who appears to be a juvenile offender shall be governed by the
27 provisions of this code.
28 (b) The district court shall have original jurisdiction to receive and
29 determine proceedings under this code.
30 (c) When jurisdiction is acquired by the district court over an alleged
31 juvenile offender it may continue until the juvenile (1) : (1) Sixty days
32 after sentencing, if the juvenile is committed to the custody of the com-
33 missioner pursuant to subsection (c) of K.S.A. 38-1665, and amendments
34 thereto; (2) if directly committed to a juvenile correctional facility, the
35 juvenile has attained the age of 23 years, unless an adult sentence is im-
36 posed pursuant to an extended jurisdiction juvenile prosecution. If such
37 adult sentence is imposed, jurisdiction shall continue until discharged by
38 the court or other process for the adult sentence; (2) (3) the juvenile has
39 been discharged by the court; or (3) (4) the juvenile has been discharged
40 under the provisions of K.S.A. 38-1675, and amendments thereto.
41 (d) If a juvenile has been adjudicated to be a juvenile offender and a
42 child in need of care, the juvenile justice code shall apply to such juvenile
43 and the child in need of care code shall be suspended during the time the
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45
1 juvenile justice code applies for such juvenile. Nothing in this subsection
2 shall preclude such juvenile offender from accessing services provided by
3 the department of social and rehabilitation services or any other state
4 agency if such juvenile is eligible for such services.
5 (d) (e) The provisions of this code shall govern with respect to acts
6 done on or after July 1, 1997.
7 Sec. 47. On and after January 1, 1998, K.S.A. 38-1604, as amended
8 by section 46 of this act, is hereby amended to read as follows: 38-1604.
9 (a) Except as provided in K.S.A. 38-1636 and 21-3611 and amendments
10 thereto, proceedings concerning a juvenile who appears to be a juvenile
11 offender shall be governed by the provisions of this code.
12 (b) The district court shall have original jurisdiction to receive and
13 determine proceedings under this code.
14 (c) When jurisdiction is acquired by the district court over an alleged
15 juvenile offender it may continue until: (1) Sixty days after sentencing, if
16 the juvenile is committed to the custody of the commissioner pursuant
17 to subsection (c) of K.S.A. 38-1665, and amendments thereto; (2) if di-
18 rectly committed to a juvenile correctional facility, the juvenile has at-
19 tained the age of 23 years, unless an adult sentence is imposed pursuant
20 to an extended jurisdiction juvenile prosecution. If such adult sentence is
21 imposed, jurisdiction shall continue until discharged by the court or other
22 process for the adult sentence; (3) the juvenile has been discharged by
23 the court; or (4) the juvenile has been discharged under the provisions of
24 K.S.A. 38-1675, and amendments thereto.
25 (d) If a juvenile has been adjudicated to be a juvenile offender and a
26 child in need of care, the juvenile justice code shall apply to such juvenile
27 and the child in need of care code shall be suspended during the time
28 the juvenile justice code applies for such juvenile. Nothing in this sub-
29 section shall preclude such juvenile offender from accessing services pro-
30 vided by the department of social and rehabilitation services or any other
31 state agency if such juvenile is eligible for such services.
32 (e) The provisions of this code shall govern with respect to acts done
33 on or after July 1, 1997.
34 Sec. 48. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1608, as
35 amended by section 48 of chapter 229 of the 1996 Session Laws of Kansas,
36 is hereby amended to read as follows: 38-1608. (a) All records of law
37 enforcement officers and agencies and municipal courts concerning a
38 public offense committed or alleged to have been committed by a juvenile
39 under 16 14 years of age shall be kept readily distinguishable from crim-
40 inal and other records and shall not be disclosed to anyone except:
41 (1) The judge and members of the court staff designated by the judge
42 of a court having the juvenile before it in any proceedings;
43 (2) parties to the proceedings and their attorneys;
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46
1 (3) the department of social and rehabilitation services;
2 (4) any individual, or any officer of a public or private agency or in-
3 stitution, having custody of the juvenile under court order or providing
4 educational, medical or mental health services to the juvenile or a court-
5 approved advocate for the juvenile;
6 (5) law enforcement officers or county or district attorneys or their
7 staff when necessary for the discharge of their official duties;
8 (6) the central repository, as defined by K.S.A. 22-4701 and amend-
9 ments thereto, for use only as a part of the juvenile offender information
10 system established under K.S.A. 38-1618 and amendments thereto;
11 (7) juvenile intake and assessment workers;
12 (8) juvenile justice authority;
13 (9) any other person when authorized by a court order, subject to any
14 conditions imposed by the order; and
15 (10) as provided in subsection (c).
16 (b) The provisions of this section shall not apply to records concern-
17 ing:
18 (1) A violation, by a person 14 or more years of age, of any provision
19 of chapter 8 of the Kansas Statutes Annotated or of any city ordinance or
20 county resolution which relates to the regulation of traffic on the roads,
21 highways or streets or the operation of self-propelled or nonself-propelled
22 vehicles of any kind;
23 (2) a violation, by a person 16 or more years of age, of any provision
24 of chapter 32 of the Kansas Statutes Annotated; or
25 (3) an offense for which the juvenile is prosecuted as an adult.
26 (c) All records of law enforcement officers and agencies and munic-
27 ipal courts concerning a public offense committed or alleged to have been
28 committed by a juvenile 14 or more years of age shall be subject to the
29 same disclosure restrictions as the records of adults. Information identi-
30 fying victims and alleged victims of sex offenses, as defined in K.S.A.
31 chapter 21, article 35, shall not be disclosed or open to public inspection
32 under any circumstances. Nothing in this section shall prohibit the victim
33 or any alleged victim of any sex offense from voluntarily disclosing their
34 such victim's identity.
35 (d) Relevant information, reports and records shall be made available
36 to the department of corrections upon request and a showing that the
37 former juvenile has been convicted of a crime and placed in the custody
38 of the secretary of the department of corrections.
39 (e) All records, reports and information obtained as a part of the
40 juvenile intake and assessment process for juvenile offenders shall be
41 confidential and shall not be disclosed except as provided in this section
42 or by rules and regulations established by the commissioner of juvenile
43 justice.
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47
1 (1) Any court of record may order the disclosure of such records,
2 reports and other information to any person or entity.
3 (2) The head of any juvenile intake and assessment program, certified
4 pursuant to the commissioner of juvenile justice, may authorize disclosure
5 of such records, reports and other information to:
6 (A) A person licensed to practice the healing arts who has before that
7 person a child whom the person reasonably suspects may be abused or
8 neglected;
9 (B) a court-appointed special advocate for a child, which advocate
10 reports to the court, or an agency having the legal responsibility or au-
11 thorization to care for, treat or supervise a child;
12 (C) a parent or other person responsible for the welfare of a child,
13 or such person's legal representative, with protection for the identity of
14 persons reporting and other appropriate persons;
15 (D) the child or the guardian ad litem for such child;
16 (E) the police or other law enforcement agency;
17 (F) an agency charged with the responsibility of preventing or treat-
18 ing physical, mental or emotional abuse or neglect or sexual abuse of
19 children, if the agency requesting the information has standards of con-
20 fidentiality as strict or stricter than the requirements of the Kansas code
21 for care of children or the Kansas juvenile justice code, whichever is
22 applicable;
23 (G) a person who is a member of a multidisciplinary team;
24 (H) an agency authorized by a properly constituted authority to di-
25 agnose, care for, treat or supervise a child who is the subject of a report
26 or record of child abuse or neglect;
27 (I) any individual, or public or private agency authorized by a properly
28 constituted authority to diagnose, care for, treat or supervise a child who
29 is the subject of a report or record of child abuse or neglect and specif-
30 ically includes the following: Physicians, psychiatrists, nurses, nurse prac-
31 titioners, psychologists, licensed social workers, child development spe-
32 cialists, physicians' assistants, community mental health workers, alcohol
33 and drug abuse counselors and licensed or registered child care providers;
34 (J) a citizen review board;
35 (K) an educational institution if related to a juvenile that is required
36 to attend such educational institution as part of an immediate intervention
37 program, probation or post-release supervision.
38 (3) To any juvenile intake and assessment worker of another certified
39 juvenile intake and assessment program.
40 Sec. 49. On and after July 1, 1997, K.S.A. 38-1610, as amended by
41 section 50 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
42 amended to read as follows: 38-1610. (a) Except as provided in subsection
43 (b), any records or files specified in this code concerning a juvenile of-
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48
1 fender may be expunged upon application to a judge of the court of the
2 county in which the records or files are maintained. The application for
3 expungement may be made by the person who is the juvenile offender
4 or, if the person is a juvenile, by the person's parent or next friend.
5 (b) There shall be no expungement of records or files concerning acts
6 committed by a juvenile which, if committed by an adult, would constitute
7 a violation of K.S.A. 21-3503, 21-3504, 21-3506, 21-3509, 21-3510, 21-
8 3511, 21-3516, 21-3603, 21-3608 or 21-3609 and amendments thereto or
9 which would constitute an attempt to commit a violation of any of the
10 offenses specified in this subsection.
11 (c) When a petition for expungement is filed, the court shall set a
12 date for a hearing on the petition and shall give notice thereof to the
13 county or district attorney. The petition shall state: (1) The juvenile's full
14 name; (2) the full name of the juvenile at the time of the trial, if different
15 than (1); (3) the juvenile's sex and date of birth; (4) the offense for which
16 the juvenile was adjudicated; (5) the date of the trial; and (6) the identity
17 of the trial court. There shall be no docket fee for filing a petition pursuant
18 to this section. All petitions for expungement shall be docketed in the
19 original action. Any person who may have relevant information about the
20 petitioner may testify at the hearing. The court may inquire into the
21 background of the petitioner.
22 (d) (1) After hearing, the court shall order the expungement of the
23 records and files if the court finds that:
24 (A) The person has reached 23 years of age or that two years have
25 elapsed since the final discharge of the person;
26 (B) since the final discharge of the person, the person has not been
27 convicted of a felony or of a misdemeanor other than a traffic offense or
28 adjudicated a delinquent or miscreant under the Kansas juvenile code or
29 a juvenile offender under the Kansas juvenile justice code and no pro-
30 ceedings are pending seeking such a conviction or adjudication; and
31 (C) the circumstances and behavior of the petitioner warrant
32 expungement.
33 (2) The court may require that all court costs, fees and restitution
34 shall be paid.
35 (e) Upon entry of an order expunging records or files, the offense
36 which the records or files concern shall be treated as if it never occurred,
37 except that upon conviction of a crime or adjudication in a subsequent
38 action under this code the offense may be considered in determining the
39 sentence to be imposed. The person, the court and all law enforcement
40 officers and other public offices and agencies shall properly reply on in-
41 quiry that no record or file exists with respect to the person. Inspection
42 of the expunged files or records thereafter may be permitted by order of
43 the court upon petition by the person who is the subject thereof. The
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1 inspection shall be limited to inspection by the person who is the subject
2 of the files or records and those persons designated by that person.
3 (f) Copies of any order made pursuant to subsection (a) or (c) shall
4 be sent to each public officer and agency in the county having possession
5 of any records or files ordered to be expunged. If the officer or agency
6 fails to comply with the order within a reasonable time after its receipt,
7 the officer or agency may be adjudged in contempt of court and punished
8 accordingly.
9 (g) The court shall inform any juvenile who has been adjudicated a
10 juvenile offender of the provisions of this section.
11 (h) Nothing in this section shall be construed to prohibit the main-
12 tenance of information relating to an offense after records or files con-
13 cerning the offense have been expunged if the information is kept in a
14 manner that does not enable identification of the offender.
15 (i) Nothing in this section shall be construed to permit or require
16 expungement of files or records related to a child support order registered
17 pursuant to the Kansas juvenile justice code.
18 (j) Whenever the records or files of any adjudication have been ex-
19 punged under the provisions of this section, the custodian of the records
20 or files of adjudication relating to that offense shall not disclose the ex-
21 istence of such records or files, except when requested by:
22 (1) The person whose record was expunged;
23 (2) a criminal justice agency, private detective agency or a private
24 patrol operator, and the request is accompanied by a statement that the
25 request is being made in conjunction with an application for employment
26 with such agency or operator by the person whose record has been ex-
27 punged;
28 (3) a court, upon a showing of a subsequent conviction of the person
29 whose record has been expunged;
30 (4) the secretary of social and rehabilitation services, or a designee of
31 the secretary, for the purpose of obtaining information relating to em-
32 ployment in an institution, as defined in K.S.A. 76-12a01 and amend-
33 ments thereto, of the department of social and rehabilitation services of
34 any person whose records record has been expunged;
35 (5) a person entitled to such information pursuant to the terms of the
36 expungement order;
37 (6) the Kansas lottery, and the request is accompanied by a statement
38 that the request is being made to aid in determining qualifications for
39 employment with the Kansas lottery or for work in sensitive areas within
40 the Kansas lottery as deemed appropriate by the executive director of the
41 Kansas lottery;
42 (7) the governor or the Kansas racing commission, or a designee of
43 the commission, and the request is accompanied by a statement that the
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50
1 request is being made to aid in determining qualifications for executive
2 director of the commission, for employment with the commission, for
3 work in sensitive areas in parimutuel racing as deemed appropriate by
4 the executive director of the commission or for licensure, renewal of
5 licensure or continued licensure by the commission; or
6 (8) the Kansas sentencing commission.
7 Sec. 50. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1611, as
8 amended by section 51 of chapter 229 of the 1996 Session Laws of Kansas,
9 is hereby amended to read as follows: 38-1611. (a) Fingerprints or pho-
10 tographs shall not be taken of any juvenile who is taken into custody for
11 any purpose, except that:
12 (1) Fingerprints or photographs of the juvenile may be taken if au-
13 thorized by a judge of the district court having jurisdiction;
14 (2) a juvenile's fingerprints shall be taken, and photographs of a ju-
15 venile may be taken, immediately upon taking the juvenile into custody
16 or upon first appearance or in any event before final sentencing, before
17 the court for an offense which, if committed by a person 18 or more years
18 of age, would make the person liable to be arrested and prosecuted for
19 the commission of a felony as defined by K.S.A. 21-3105 and amendments
20 thereto or a class A or B misdemeanor; and
21 (3) fingerprints or photographs of a juvenile may be taken under
22 K.S.A. 21-2501 and amendments thereto if the juvenile has been:
23 (A) Prosecuted as an adult by reason of subsection (b)(3) of K.S.A.
24 38-1602 or 38-1636, and amendments thereto; or
25 (B) convicted of aggravated juvenile delinquency as defined by K.S.A.
26 21-3611 and amendments thereto; or
27 (C) taken into custody for an offense described in subsection (b)(1)
28 or (2) of K.S.A. 38-1602 and amendments thereto.
29 (b) Fingerprints and photographs taken under subsection (a)(1) or
30 (2) shall be kept readily distinguishable from those of persons of the age
31 of majority. Fingerprints and photographs taken under subsection (a)(3)
32 may be kept in the same manner as those of persons of the age of majority.
33 (c) Fingerprints and photographs of a juvenile shall not be sent to a
34 state or federal repository, except that:
35 (1) Fingerprints and photographs may be sent to a state or federal
36 repository if authorized by a judge of the district court having jurisdiction;
37 (2) a juvenile's fingerprints shall, and photographs of a juvenile may,
38 be sent to a state or federal repository if taken under subsection (a)(2);
39 and
40 (3) fingerprints or photographs taken under subsection (a)(3) shall be
41 processed and disseminated in the same manner as those of persons of
42 the age of majority.
43 (d) Fingerprints or photographs of a juvenile may be furnished to
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51
1 another juvenile justice agency, as defined by K.S.A. 38-1617 and amend-
2 ments thereto, if the other agency has a legitimate need for the finger-
3 prints or photographs.
4 (e) Any fingerprints or photographs of a juvenile taken under the
5 provisions of subsection (a)(2) as it existed before the effective date of
6 this act may be sent to a state or federal repository on or before December
7 31, 1984.
8 (f) Any law enforcement agency that willfully fails to make any report
9 required by this section shall be liable to the state for the payment of a
10 civil penalty, recoverable in an action brought by the attorney general, in
11 an amount not exceeding $500 for each report not made. Any civil penalty
12 recovered under this subsection shall be paid into the state general fund.
13 (g) The director of the Kansas bureau of investigation shall adopt any
14 rules and regulations necessary to implement, administer and enforce the
15 provisions of this section, including time limits within which fingerprints
16 shall be sent to a state or federal repository when required by this section.
17 (h) Nothing in this section shall preclude the custodian of a juvenile
18 from authorizing photographs or fingerprints of the juvenile to be used
19 in any action under the Kansas parentage act.
20 Sec. 51. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1613 is
21 hereby amended to read as follows: 38-1613. (a) Docket fee. The docket
22 fee for proceedings under this code, if one is assessed as provided by this
23 section, shall be $25. Only one docket fee shall be assessed in each case.
24 (b) Expenses. The expenses for proceedings under this code, includ-
25 ing fees and mileage allowed witnesses and fees and expenses approved
26 by the court for appointed attorneys, shall be paid by the board of county
27 commissioners from the general fund of the county.
28 (c) Assessment of docket fee and expenses. (1) Docket fee. The docket
29 fee may be assessed or waived by the court conducting the initial dispos-
30 itional sentencing hearing and may be assessed against the complaining
31 witness, the person initiating the prosecution, the juvenile offender or
32 the parent of the juvenile offender. Any docket fee received shall be
33 remitted to the state treasurer pursuant to K.S.A. 20-362, and amend-
34 ments thereto.
35 (2) Waiver and assessment. Expenses may be waived or assessed
36 against the complaining witness, the person initiating the prosecution, the
37 juvenile offender or a parent of the juvenile offender. When expenses are
38 recovered from a party against whom they have been assessed the general
39 fund of the county shall be reimbursed in the amount of the recovery.
40 (3) Prohibited assessment. Docket fees or expenses shall not be as-
41 sessed against the state, a political subdivision of the state, an agency of
42 the state or of a political subdivision of the state or a person acting in the
43 capacity of an employee of the state or of a political subdivision of the
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1 state.
2 (d) Cases in which venue is transferred. If venue is transferred from
3 one county to another, the court from which the case is transferred shall
4 send to the receiving court a statement of expenses paid from the general
5 fund of the sending county. If the receiving court collects any of the
6 expenses owed in the case, the receiving court shall pay to the sending
7 court an amount proportional to the sending court's share of the total
8 expenses owed to both counties. The expenses of the sending county shall
9 not be an obligation of the receiving county except to the extent that the
10 sending county's proportion of the expenses is collected by the receiving
11 court. All amounts collected shall first be applied toward payment of the
12 docket fee.
13 Sec. 52. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1614 is
14 hereby amended to read as follows: 38-1614. (a) Physical care and treat-
15 ment. (1) When the health or condition of a juvenile who is subject to the
16 jurisdiction of the court requires it, the court may consent to the per-
17 forming and furnishing of hospital, medical, surgical or dental treatment
18 or procedures including the release and inspection of medical or dental
19 records.
20 (2) When the health or condition of a juvenile requires it and the
21 juvenile has been placed in the custody of a person other than a parent
22 or placed in or committed to a facility, the custodian or an agent desig-
23 nated by the custodian shall have authority to consent to the performance
24 and furnishing of hospital, medical, surgical or dental treatment or pro-
25 cedures including the release and inspection of medical or dental records,
26 subject to terms and conditions the court considers proper. The provi-
27 sions of this subsection shall also apply to juvenile felons, as defined in
28 K.S.A. 38-16,112, and amendments thereto prior to its repeal, who have
29 been placed in a youth center juvenile correctional facility pursuant to
30 K.S.A. 75-5206, and amendments thereto.
31 (3) Any health care provider, who in good faith renders hospital, med-
32 ical, surgical or dental care or treatment to any juvenile after a consent
33 has been obtained as authorized by this section, shall not be liable in any
34 civil or criminal action for failure to obtain consent of a parent.
35 (4) Nothing in this section shall be construed to mean that any person
36 shall be relieved of legal responsibility to provide care and support for a
37 juvenile.
38 (b) Mental care and treatment. If it is brought to the court's attention,
39 while the court is exercising jurisdiction over the person of a juvenile
40 under this code, that the juvenile may be a mentally ill person as defined
41 in K.S.A. 1996 Supp. 59-2946 and amendments thereto, the court may:
42 (1) Direct or authorize the county or district attorney or the person
43 supplying the information to file the petition provided for in K.S.A. 1996
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53
1 Supp. 59-2957 and amendments thereto, and proceed to hear and deter-
2 mine the issues raised by the application as provided in the care and
3 treatment act for mentally ill persons; or
4 (2) authorize that the juvenile seek voluntary admission to a treat-
5 ment facility as provided in K.S.A. 1996 Supp. 59-2949 and amendments
6 thereto.
7 The application to determine whether the juvenile is a mentally ill
8 person may be filed in the same proceedings as the petition alleging the
9 juvenile to be a juvenile offender or may be brought in separate pro-
10 ceedings. In either event, the court may enter an order staying any further
11 proceedings under this code until all proceedings have been concluded
12 under the care and treatment act for mentally ill persons.
13 Sec. 53. On and after July 1, 1997, K.S.A. 38-1618, as amended by
14 section 59 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
15 amended to read as follows: 38-1618. (a) In order to properly advise the
16 three branches of government on the operation of the juvenile justice
17 system, there is hereby established within and as a part of the central
18 repository, as defined by K.S.A. 22-4701 and amendments thereto, a ju-
19 venile offender information system. The system shall serve as a repository
20 of juvenile offender information which is collected by juvenile justice
21 agencies and reported to the system. Unless extended by an official action
22 of the Kansas criminal justice coordinating council, the juvenile offender
23 information system shall be operational and functional on or before July
24 1, 1997.
25 (b) Except as otherwise provided by this subsection, every juvenile
26 justice agency shall report juvenile offender information, whether col-
27 lected manually or by means of an automated system, to the central re-
28 pository, in accordance with rules and regulations adopted pursuant to
29 this section. A juvenile justice agency shall report to the central repository
30 those reportable events involving a violation of a county resolution or city
31 ordinance only when required by rules and regulations adopted by the
32 director.
33 (c) Reporting methods may include:
34 (1) Submission of juvenile offender information by a juvenile justice
35 agency directly to the central repository;
36 (2) if the information can readily be collected and reported through
37 the court system, submission to the central repository by the office of
38 judicial administrator; or
39 (3) if the information can readily be collected and reported through
40 juvenile justice agencies that are part of a geographically based infor-
41 mation system, submission to the central repository by the agencies.
42 (d) The director may determine, by rule and regulation, the report-
43 able events to be reported by each juvenile justice agency, in order to
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54
1 avoid duplication in reporting.
2 (e) Juvenile offender information maintained in the juvenile offender
3 information system is confidential and shall not be disseminated or pub-
4 licly disclosed in a manner which enables identification of any individual
5 who is a subject of the information, except that the information shall be
6 open to inspection by law enforcement agencies of this state, by the de-
7 partment of social and rehabilitation services if related to an individual
8 in the secretary's custody or control, by the juvenile justice authority if
9 related to an individual in the commissioner's custody or control, by the
10 department of corrections if related to an individual in the commissioner's
11 custody or control, by the educational institution to the extent allowed
12 pursuant to law or pursuant to a court order, if related to an individual
13 that is required to attend such educational institution as part of an im-
14 mediate intervention program, probation or post-release supervision by
15 the officers of any public institution to which the individual is committed,
16 by county and district attorneys, by attorneys for the parties to a pro-
17 ceeding under this code, the intake and assessment worker or upon order
18 of a judge of the district court or an appellate court.
19 (f) Any journal entry of a trial of a juvenile adjudged to be a juvenile
20 offender shall state the number of the statute under which the juvenile
21 is adjudicated to be a juvenile offender and specify whether each offense,
22 if done by an adult, would constitute a felony or misdemeanor, as defined
23 by K.S.A. 21-3105 and amendments thereto.
24 (g) Any law enforcement agency that willfully fails to make any report
25 required by this section shall be liable to the state for the payment of a
26 civil penalty, recoverable in an action brought by the attorney general, in
27 an amount not exceeding $500 for each report not made. Any civil penalty
28 recovered under this subsection shall be paid into the state general fund.
29 (h) The director shall adopt any rules and regulations necessary to
30 implement, administer and enforce the provisions of this section.
31 (i) K.S.A. 38-1617 and amendments thereto and this section shall be
32 part of and supplemental to the Kansas juvenile justice code.
33 (j) The director shall develop incentives to encourage the timely entry
34 of juvenile offender information into the central repository.
35 Sec. 54. On and after July 1, 1997, K.S.A. 38-1632, as amended by
36 section 64 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
37 amended to read as follows: 38-1632. (a) Length of detention. (1) When-
38 ever an alleged juvenile offender is taken into custody and is thereafter
39 taken before the court or to a juvenile detention facility or youth resi-
40 dential facility designated by the court, the juvenile shall not remain de-
41 tained for more than 48 hours, excluding Saturdays, Sundays and legal
42 holidays, from the time the initial detention was imposed, unless the court
43 determines after hearing, within the 48-hour period, that further deten-
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55
1 tion is necessary.
2 (2) If a juvenile is detained in jail pursuant to subsection (b) of K.S.A.
3 38-1691 and amendments thereto, the detention hearing required by this
4 section shall be held within 24 hours after the juvenile is taken into cus-
5 tody.
6 (b) Waiver of detention hearing. The right of a juvenile to a detention
7 hearing may be waived if the juvenile and the attorney for the juvenile
8 consent in writing to waive the right to a detention hearing and the judge
9 approves the waiver. Whenever the right to a detention hearing has been
10 waived, the juvenile, the attorney for the juvenile or the juvenile's parents
11 may reassert the right at any time not less than 48 hours prior to the time
12 scheduled for trial by submitting a written request to the judge. Upon
13 request, the judge shall immediately set the time and place for the hear-
14 ing, which shall be held not more than 48 hours after the receipt of the
15 request excluding Saturdays, Sundays and legal holidays.
16 (c) Notice of hearing. Whenever it is determined that a detention
17 hearing is required the court shall immediately set the time and place for
18 the hearing. Except as otherwise provided by subsection (b)(1) of K.S.A.
19 38-1691 and amendments thereto, notice of the detention hearing shall
20 be given at least 24 hours prior to the hearing, unless waived, and shall
21 be in substantially the following form:
22 (Name of Court)
23 (Caption of Case)
24 NOTICE OF DETENTION HEARING
25 TO: __________________________________________________________________________________________
__________________________________________________________________________________________
26 (Juvenile)
27 ________________________________________________________________________________________________
________________________________________________________________________________________________
28 (Father)
29 ________________________________________________________________________________________________
________________________________________________________________________________________________
30 (Mother)
31 ________________________________________________________________________________________________
________________________________________________________________________________________________
32 (Other having custody-relationship) (Address)
33 On _______________________________________________________________________________, [ru5,4] , 19[ru5,1.6], at
[ru5,1]o'clock [ru5,1]m. there will be a hearing
34 (day)
35 (date)
36 for the court to determine if there is a need for further detention of the above named
37 juvenile. Each parent or other person having legal custody of the juvenile should be present
38 at the hearing which will be held at ____________.
39 You have the right to hire an attorney to represent the above juvenile. Upon failure to
40 hire an attorney the court will appoint an attorney for the juvenile and the juvenile, parent
41 or other person having legal custody of the juvenile may be required to repay the court for
42 the expense of the appointed attorney. The court may order one or both parents to pay child
43 support.
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1 Date: ____________, 19___
2 Clerk of the District
Court
3 by
________________________
4 (Seal)
5 REPORT OF SERVICE
6 I certify that I have delivered a true copy of the above notice on the persons above named
7 in the manner and at the times indicated below:
8 Name
9 ________________________________________________________________________
10 ________________________________________________________________________
11 Date Returned: ____________, 19___
12
______________________________
13 (Signature
14
______________________________
15 (Title)
16 (d) Oral notice. When there is insufficient time to give written notice,
17 oral notice may be given and is completed upon filing a certificate of oral
18 notice with the clerk in substantially the following form:
19 (Name of Court)
20 (Caption of Case)
21 CERTIFICATE OF ORAL NOTICE OF DETENTION HEARING
22 I gave oral notice that the court will hold a hearing at ______o'clock ___m. on
_______________________________________________________________________________,
23 19___, to the persons listed, in the manner and at the times indicated below:
24 Name
25 ________________________________________________________________________
26 ________________________________________________________________________
27 I advised each of the above named persons that:
28 (1) The hearing is to determine if the above named juvenile shall be detained;
29 (2) each parent or person having legal custody should be present at the hearing;
30 (3) they have the right to hire an attorney of their own choice for the juvenile;
31 (4) if an attorney is not hired, the court will appoint an attorney for the juvenile;
32 (5) the juvenile, parent or other person having custody of the juvenile may be required to
33 repay the court for the expense of the appointed attorney; and
34 (6) the court may order one or both parents to pay child support.
35 __________________________________________________________________________________________________________________
36 (Signature)
37 __________________________________________________________________________________________________________________
38 (Name Printed)
39 __________________________________________________________________________________________________________________
40 (Title)
41 (e) Hearing, finding, bond. At the time set for the detention hearing
42 if no retained attorney is present to represent the juvenile, the court shall
43 appoint an attorney for the juvenile, and may recess the hearing for 24
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57
1 hours to obtain attendance of the attorney appointed unless the juvenile
2 is detained in jail pursuant to subsection (b)(1) of K.S.A. 38-1691 and
3 amendments thereto. At the detention hearing, if the court finds the
4 juvenile is dangerous to self or others, the juvenile may be detained in a
5 juvenile detention facility or youth residential facility which the court shall
6 designate. If the court finds the juvenile is not likely to appear for further
7 proceedings, the juvenile may be detained in a juvenile detention facility
8 or youth residential facility which the court shall designate or may be
9 released upon the giving of an appearance bond in an amount specified
10 by the court and on the conditions the court may impose, in accordance
11 with the applicable provisions of article 28 of chapter 22 of the Kansas
12 Statutes Annotated and amendments thereto. In the absence of either
13 finding, the court shall order the juvenile released or placed in temporary
14 custody as provided in subsection (f).
15 In determining whether to place a juvenile in a juvenile detention fa-
16 cility pursuant to this subsection, the court shall consider all relevant
17 factors, including but not limited to the criteria listed in K.S.A. 38-1640
18 and amendments thereto. If the court orders the juvenile to be detained
19 in a juvenile detention facility, the court shall record the specific findings
20 of fact upon which the order is based.
21 If detention is ordered and the parent was not notified of the hearing
22 and did not appear and later requests a rehearing, the court shall rehear
23 the matter without unnecessary delay.
24 (f) Temporary custody. If the court determines that it is not necessary
25 to detain the juvenile but finds that release to the custody of a parent is
26 not in the best interests of the juvenile, the court may place the juvenile
27 in the temporary custody of a youth residential facility, the commissioner
28 or some other suitable person willing to accept temporary custody.
29 (g) Audio-video communications. Detention hearings may be con-
30 ducted by two-way electronic audio-video communication between the
31 alleged juvenile offender and the judge in lieu of personal presence of the
32 juvenile or the juvenile's counsel in the courtroom from any location
33 within Kansas in the discretion of the court. The juvenile may be accom-
34 panied by the juvenile's counsel during such proceedings or counsel may
35 be personally present in court as long as a means of communication be-
36 tween the juvenile and the juvenile's counsel is available for consultation
37 between the juvenile and the juvenile's counsel in confidence.
38 Sec. 55. On and after July 1, 1997, K.S.A. 38-1633, as amended by
39 section 65 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
40 amended to read as follows: 38-1633. (a) When the respondent appears
41 in response to a complaint without an attorney, the court shall inform the
42 respondent of the following:
43 (1) The nature of the charges in the complaint;
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1 (2) the right to hire an attorney of the respondent's own choice;
2 (3) the duty of the court to appoint an attorney for the respondent if
3 no attorney is hired by the respondent or parent; and
4 (4) that the court may require the respondent or parents to pay the
5 expense of a court appointed attorney.
6 Upon request the court shall give the respondent or parent an oppor-
7 tunity to hire an attorney. If no request is made or the respondent or
8 parents are financially unable to hire an attorney, the court shall forthwith
9 appoint an attorney for the respondent. The court shall afford the re-
10 spondent an opportunity to confer with the attorney before requiring the
11 respondent to plead to the allegations of the complaint.
12 (b) When the respondent appears with an attorney in response to a
13 complaint, the court shall require the respondent to plead guilty or not
14 guilty to the allegations stated in the complaint or plead nolo contendere,
15 unless there is an application for and approval of an immediate interven-
16 tion program. Prior to making this requirement, the court shall inform
17 the respondent of the following:
18 (1) The nature of the charges in the complaint;
19 (2) the right of the respondent to be presumed innocent of each
20 charge;
21 (3) the right to trial without unnecessary delay and to confront and
22 cross-examine witnesses appearing in support of the allegations of the
23 complaint;
24 (4) the right to subpoena witnesses;
25 (5) the right of the respondent to testify or to decline to testify; and
26 (6) the sentencing alternatives the court may select as the result of
27 the juvenile being adjudged to be a juvenile offender.
28 (c) If the respondent pleads guilty to the allegations contained in a
29 complaint or pleads nolo contendere, the court shall determine, before
30 accepting the plea and entering a sentence: (1) That there has been a
31 voluntary waiver of the rights enumerated in subsections (b)(2), (3), (4)
32 and (5); and (2) that there is a factual basis for the plea.
33 (d) If the respondent pleads not guilty, the court shall schedule a time
34 and date for trial to the court.
35 (e) Pretrial hearings may be conducted by two-way electronic audio-
36 video communication between the alleged juvenile offender and the judge
37 in lieu of personal presence of the juvenile or the juvenile's counsel in the
38 courtroom from any location within Kansas in the discretion of the court.
39 The juvenile may be accompanied by the juvenile's counsel during such
40 proceedings or counsel may be personally present in court as long as a
41 means of communication between the juvenile and the juvenile's counsel
42 is available for consultation between the juvenile and the juvenile's counsel
43 in confidence.
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1 Sec. 56. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1635, as
2 amended by section 66 of chapter 229 of the 1996 Session Laws of Kansas,
3 is hereby amended to read as follows: 38-1635. (a) Except as provided in
4 subsection (b), each court county or district attorney may adopt a policy
5 and establish guidelines for an immediate intervention program by which
6 a respondent may avoid prosecution as a juvenile offender. In addition to
7 the court county or district attorney adopting policies and guidelines for
8 the immediate intervention programs, the court, the county or district
9 attorney and the director of the intake and assessment center, pursuant
10 to a written agreement, may develop local programs to:
11 (1) Provide for the direct referral of cases by the county or district
12 attorney or the intake and assessment worker, or both, to youth courts,
13 restorative justice centers, citizen review boards, hearing officers, or other
14 local programs as sanctioned by the court.
15 (2) Allow intake and assessment workers to issue a summons, as de-
16 fined in subsection (e).
17 (3) Allow the intake and assessment centers to directly purchase serv-
18 ices for the juveniles and the juvenile's family.
19 (4) Allow intake and assessment workers to direct the release of a
20 juvenile prior to a detention hearing after the completion of the intake
21 and assessment process if the juvenile intake and assessment worker has
22 reason to believe that if released the juvenile will appear for further pro-
23 ceedings and will not be dangerous to self or others.
24 (b) An immediate intervention program shall provide that a respon-
25 dent is ineligible for such program if the respondent has been previously
26 adjudicated to be a juvenile offender, or faces pending charges as a ju-
27 venile offender, for committing acts which, if committed by an adult,
28 would constitute:
29 (1) A violation of K.S.A. 8-1567 and amendments thereto and the
30 respondent: (A) Has previously participated in an immediate intervention
31 program instead of prosecution of a complaint alleging a violation of that
32 statute or an ordinance of a city in this state which prohibits the acts
33 prohibited by that statute; (B) has previously been adjudicated of a vio-
34 lation of that statute or a violation of a law of another state or of a political
35 subdivision of this or any other state, which law prohibits the acts pro-
36 hibited by that statute; or (C) during the time of the alleged violation was
37 involved in a motor vehicle accident or collision resulting in personal
38 injury or death; or
39 (2) a violation of an off-grid crime, a person felony, or a felony or
40 misdemeanor committed when the respondent was in possession of a
41 deadly weapon was illegally possessing a firearm or using a deadly
42 weapon in the commission of such crime.
43 (c) An immediate intervention program may include a stipulation,
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1 agreed to by the respondent, the respondent's attorney and the attorney
2 general or county or district attorney, of the facts upon which the charge
3 is based and a provision that if the respondent fails to fulfill the terms of
4 the specific immediate intervention agreement and the immediate inter-
5 vention proceedings are resumed, the proceedings, including any pro-
6 ceedings on appeal, shall be conducted on the record of the stipulation
7 of facts.
8 (d) The court county or district attorney may require the parent or
9 guardian of a juvenile offender to be a part of the immediate intervention
10 program for the juvenile offender.
11 (e) ``Summons'' means a written order issued by an intake and as-
12 sessment worker directing that a respondent appear before a designated
13 court at a stated time and place and answer to a charge pending against
14 the respondent.
15 (f) The provisions of this section shall not be applicable in judicial
16 districts that adopt district court rules pursuant to K.S.A. 20-342, and
17 amendments thereto, for the administration of immediate intervention
18 programs by the district court.
19 Sec. 57. On and after July 1, 1997, K.S.A. 38-1636, as amended by
20 section 67 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
21 amended to read as follows: 38-1636. (a) (1) Except as provided further,
22 at any time after commencement of proceedings under this code against
23 a respondent and prior to entry of a sentence or the beginning of an
24 evidentiary hearing at which the court may enter a sentence as provided
25 in K.S.A. 38-1655, and amendments thereto, the county or district attor-
26 ney may file a motion requesting that the court authorize prosecution of
27 the respondent as an adult under the applicable criminal statute. The
28 respondent shall be presumed to be a juvenile unless good cause is shown
29 to prosecute the respondent as an adult.
30 (2) At any time after commencement of proceedings under this code
31 against a respondent who was: (A) 14, 15, 16 or 17 years of age at the
32 time of the offense or offenses alleged in the complaint, if any such of-
33 fense (i) if committed by an adult, would be an offgrid offense, a person
34 felony, a nondrug severity level 1 through 6 felony or any drug severity
35 level 1 or 2 felony; or (ii) was committed while in possession of a firearm;
36 or (B) charged with a felony or with more than one offense of which one
37 or more is a felony after having been adjudicated or convicted in a sep-
38 arate prior juvenile proceeding as having committed an act which would
39 constitute a felony if committed by an adult and the adjudications or
40 convictions occurred prior to the date of the commission of the new act
41 charged and prior to the entry of a sentence or the beginning of an evi-
42 dentiary hearing at which the court may enter a sentence as provided in
43 K.S.A. 38-1655, and amendments thereto, the county or district attorney
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1 may file a motion requesting that the court authorize prosecution of the
2 respondent as an adult under the applicable criminal statute. The re-
3 spondent shall be presumed to be an adult. The burden of proof is on
4 the respondent to rebut the presumption.
5 (3) At any time after commencement of proceedings under this code
6 against a respondent and prior to entry of a sentence or the beginning of
7 an evidentiary hearing at which the court may enter a sentence as pro-
8 vided in K.S.A. 38-1655, and amendments thereto, the county or district
9 attorney may file a motion requesting that the court designate the pro-
10 ceedings as an extended jurisdiction juvenile prosecution as provided fur-
11 ther. If the county or district attorney files a motion to designate the
12 proceedings as an extended jurisdiction juvenile prosecution and the re-
13 spondent was: (A) charged with an offense (i) if committed by an adult,
14 would be an offgrid felony, a person felony, a severity level 1 through 6
15 felony or any drug severity level 1 or 2 felony; or (ii) was committed while
16 in possession of a firearm; or (B) charged with a felony or with more than
17 one offense of which one or more is a felony after having been adjudicated
18 or convicted in a separate prior juvenile proceeding as having committed
19 an act which would constitute a felony is committed by an adult and the
20 adjudications or convictions occurred prior to the date of the commission
21 of the new act charged, the burden of proof is on the respondent to rebut
22 the designation of an extended jurisdiction juvenile prosecution.
23 (b) The motion may also contain a statement that the prosecuting
24 attorney will introduce evidence of the offenses alleged in the complaint
25 and request that, on hearing the motion and authorizing prosecution as
26 an adult or designating the proceedings as an extended jurisdiction ju-
27 venile prosecution under this code, the court may make the findings re-
28 quired in a preliminary examination provided for in K.S.A. 22-2902, and
29 amendments thereto, and the finding that there is no necessity for further
30 preliminary examination.
31 (c) Upon receiving a motion as established in subsection (a), the court
32 shall set a time and place for hearing on the motion. The court shall give
33 notice of the hearing to the respondent, each parent of the respondent,
34 if service is possible, and the attorney representing the respondent. The
35 motion shall be heard and determined prior to any further proceedings
36 on the complaint.
37 (d) If the respondent fails to appear for hearing on a motion as es-
38 tablished in subsection (a) after having been properly served with notice
39 of the hearing, the court may hear and determine the motion in the
40 absence of the respondent. If the court is unable to obtain service of
41 process and give notice of the hearing, the court may hear and determine
42 the motion in the absence of the respondent after having given notice of
43 the hearing once a week for two consecutive weeks in a newspaper au-
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1 thorized to publish legal notices in the county where the hearing will be
2 held.
3 (e) In determining whether or not prosecution as an adult should be
4 authorized or designating the proceeding as an extended jurisdiction ju-
5 venile prosecution, the court shall consider each of the following factors:
6 (1) The seriousness of the alleged offense and whether the protection of
7 the community requires prosecution as an adult or designating the pro-
8 ceeding as an extended jurisdiction juvenile prosecution; (2) whether the
9 alleged offense was committed in an aggressive, violent, premeditated or
10 willful manner; (3) whether the offense was against a person or against
11 property, greater weight being given to offenses against persons, espe-
12 cially if personal injury resulted; (4) the number of alleged offenses un-
13 adjudicated and pending against the respondent; (5) the previous history
14 of the respondent, including whether the respondent had been adjudi-
15 cated delinquent or miscreant under the Kansas juvenile code or a ju-
16 venile offender under this code and, if so, whether the offenses were
17 against persons or property, and any other previous history of antisocial
18 behavior or patterns of physical violence; (6) the sophistication or maturity
19 of the respondent as determined by consideration of the respondent's
20 home, environment, emotional attitude, pattern of living or desire to be
21 treated as an adult; (7) whether there are facilities or programs available
22 to the court which are likely to rehabilitate the respondent prior to the
23 expiration of the court's jurisdiction under this code; and (8) whether the
24 interests of the respondent or of the community would be better served
25 by criminal prosecution or extended jurisdiction juvenile prosecution. The
26 insufficiency of evidence pertaining to any one or more of the factors
27 listed in this subsection shall not in and of itself be determinative of the
28 issue. Subject to the provisions of K.S.A. 38-1653, and amendments
29 thereto, written reports and other materials relating to the respondent's
30 mental, physical, educational and social history may be considered by the
31 court.
32 (f) (1) The court may authorize prosecution as an adult upon com-
33 pletion of the hearing if the court finds that there is substantial evidence
34 that the respondent should be prosecuted as an adult for the offense with
35 which the respondent is charged. In that case, the court shall direct the
36 respondent be prosecuted under the applicable criminal statute and that
37 the proceedings filed under this code be dismissed.
38 (2) The court may designate the proceeding as an extended jurisdic-
39 tion juvenile prosecution upon completion of the hearing if the respon-
40 dent has failed to rebut the presumption or the court finds that there is
41 substantial evidence that the respondent should be prosecuted under an
42 extended jurisdiction juvenile prosecution. A juvenile who is the subject
43 of an extended jurisdiction juvenile prosecution shall have the right to a
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1 trial by jury, to the effective assistance of counsel and to all other rights
2 of a defendant pursuant to the Kansas code of criminal procedure.
3 (g) If the respondent is present in court and the court also finds from
4 the evidence that it appears a felony has been committed and that there
5 is probable cause to believe the felony has been committed by the re-
6 spondent, the court may direct that there is no necessity for further pre-
7 liminary examination on the charges as provided for in K.S.A. 22-2902,
8 and amendments thereto. In that case, the court shall order the respon-
9 dent bound over to the district judge having jurisdiction to try the case.
10 (h) If the respondent is convicted, the authorization for prosecution
11 as an adult may shall attach and apply to any future acts by the respondent
12 which are or would be cognizable under this code if the order of the court
13 so provides.
14 (i) If the respondent is prosecuted as an adult under subsection (f)(1)
15 and convicted of a lesser included offense (a)(2) and is not convicted in
16 adult court of an offense listed in subsection (a)(2), the respondent shall
17 be a juvenile offender and receive a sentence pursuant to K.S.A. 38-1663,
18 and amendments thereto.
19 Sec. 58. On and after January 1, 1998, K.S.A. 38-1636, as amended
20 by section 57 of this act is hereby amended to read as follows: 38-1636.
21 (a) (1) Except as provided further, at any time after commencement of
22 proceedings under this code against a respondent and prior to entry of a
23 sentence or the beginning of an evidentiary hearing at which the court
24 may enter a sentence as provided in K.S.A. 38-1655, and amendments
25 thereto, the county or district attorney may file a motion requesting that
26 the court authorize prosecution of the respondent as an adult under the
27 applicable criminal statute. The respondent shall be presumed to be a
28 juvenile unless good cause is shown to prosecute the respondent as an
29 adult.
30 (2) At any time after commencement of proceedings under this code
31 against a respondent who was: (A) 14, 15, 16 or 17 years of age at the
32 time of the offense or offenses alleged in the complaint, if any such of-
33 fense (i) if committed by an adult, would be an offgrid offense, a person
34 felony, a nondrug severity level 1 through 6 felony or any drug severity
35 level 1 or 2 felony; or (ii) was committed while in possession of a firearm;
36 or (B) charged with a felony or with more than one offense of which one
37 or more is a felony after having been adjudicated or convicted in a sep-
38 arate prior juvenile proceeding as having committed an act which would
39 constitute a felony if committed by an adult and the adjudications or
40 convictions occurred prior to the date of the commission of the new act
41 charged and prior to the entry of a sentence or the beginning of an evi-
42 dentiary hearing at which the court may enter a sentence as provided in
43 K.S.A. 38-1655, and amendments thereto, the county or district attorney
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1 may file a motion requesting that the court authorize prosecution of the
2 respondent as an adult under the applicable criminal statute. The re-
3 spondent shall be presumed to be an adult. The burden of proof is on
4 the respondent to rebut the presumption.
5 (3) At any time after commencement of proceedings under this code
6 against a respondent and prior to entry of a sentence or the beginning of
7 an evidentiary hearing at which the court may enter a sentence as pro-
8 vided in K.S.A. 38-1655, and amendments thereto, the county or district
9 attorney may file a motion requesting that the court designate the pro-
10 ceedings as an extended jurisdiction juvenile prosecution as provided fur-
11 ther. If the county or district attorney files a motion to designate the
12 proceedings as an extended jurisdiction juvenile prosecution and the re-
13 spondent was 14, 15, 16 or 17 years of age at the time of the offense or
14 offenses alleged in the complaint and: (A) charged with an offense (i) if
15 committed by an adult, would be an offgrid felony, a person felony, a
16 nondrug severity level 1 through 6 felony or any drug severity level 1 or
17 2 felony; or (ii) was committed while in possession of a firearm; or (B)
18 charged with a felony or with more than one offense of which one or more
19 is a felony after having been adjudicated or convicted in a separate prior
20 juvenile proceeding as having committed an act which would constitute
21 a felony if committed by an adult and the adjudications or convictions
22 occurred prior to the date of the commission of the new act charged, the
23 burden of proof is on the respondent to rebut the designation of an ex-
24 tended jurisdiction juvenile prosecution. In all other motions requesting
25 that the court designate the proceedings as an extended jurisdiction ju-
26 venile prosecution, the respondent is presumed to be a juvenile. The bur-
27 den of proof is on the prosecutor to prove the respondent should be des-
28 ignated as an extended jurisdiction juvenile.
29 (b) The motion may also contain a statement that the prosecuting
30 attorney will introduce evidence of the offenses alleged in the complaint
31 and request that, on hearing the motion and authorizing prosecution as
32 an adult or designating the proceedings as an extended jurisdiction ju-
33 venile prosecution under this code, the court may make the findings re-
34 quired in a preliminary examination provided for in K.S.A. 22-2902, and
35 amendments thereto, and the finding that there is no necessity for further
36 preliminary examination.
37 (c) Upon receiving a motion as established in subsection (a), the court
38 shall set a time and place for hearing on the motion. The court shall give
39 notice of the hearing to the respondent, each parent of the respondent,
40 if service is possible, and the attorney representing the respondent. The
41 motion shall be heard and determined prior to any further proceedings
42 on the complaint.
43 (d) If the respondent fails to appear for hearing on a motion as es-
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1 tablished in subsection (a) after having been properly served with notice
2 of the hearing, the court may hear and determine the motion in the
3 absence of the respondent. If the court is unable to obtain service of
4 process and give notice of the hearing, the court may hear and determine
5 the motion in the absence of the respondent after having given notice of
6 the hearing once a week for two consecutive weeks in a newspaper au-
7 thorized to publish legal notices in the county where the hearing will be
8 held.
9 (e) In determining whether or not prosecution as an adult should be
10 authorized or designating the proceeding as an extended jurisdiction ju-
11 venile prosecution, the court shall consider each of the following factors:
12 (1) The seriousness of the alleged offense and whether the protection of
13 the community requires prosecution as an adult or designating the pro-
14 ceeding as an extended jurisdiction juvenile prosecution; (2) whether the
15 alleged offense was committed in an aggressive, violent, premeditated or
16 willful manner; (3) whether the offense was against a person or against
17 property, greater weight being given to offenses against persons, espe-
18 cially if personal injury resulted; (4) the number of alleged offenses un-
19 adjudicated and pending against the respondent; (5) the previous history
20 of the respondent, including whether the respondent had been adjudi-
21 cated a juvenile offender under this code and, if so, whether the offenses
22 were against persons or property, and any other previous history of an-
23 tisocial behavior or patterns of physical violence; (6) the sophistication or
24 maturity of the respondent as determined by consideration of the res-
25 pondent's home, environment, emotional attitude, pattern of living or
26 desire to be treated as an adult; (7) whether there are facilities or pro-
27 grams available to the court which are likely to rehabilitate the respondent
28 prior to the expiration of the court's jurisdiction under this code; and (8)
29 whether the interests of the respondent or of the community would be
30 better served by criminal prosecution or extended jurisdiction juvenile
31 prosecution. The insufficiency of evidence pertaining to any one or more
32 of the factors listed in this subsection shall not in and of itself be deter-
33 minative of the issue. Subject to the provisions of K.S.A. 38-1653, and
34 amendments thereto, written reports and other materials relating to the
35 respondent's mental, physical, educational and social history may be con-
36 sidered by the court.
37 (f) (1) The court may authorize prosecution as an adult upon com-
38 pletion of the hearing if the court finds that there is substantial evidence
39 that the respondent should be prosecuted as an adult for the offense with
40 which the respondent is charged. In that case, the court shall direct the
41 respondent be prosecuted under the applicable criminal statute and that
42 the proceedings filed under this code be dismissed.
43 (2) The court may designate the proceeding as an extended jurisdic-
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1 tion juvenile prosecution upon completion of the hearing if the respondent
2 has failed to rebut the presumption or the court finds that there is sub-
3 stantial evidence that the respondent should be prosecuted under an ex-
4 tended jurisdiction juvenile prosecution. A juvenile who is the subject of
5 an extended jurisdiction juvenile prosecution shall have the right to a trial
6 by jury, to the effective assistance of counsel and to all other rights of a
7 defendant pursuant to the Kansas code of criminal procedure. On or be-
8 fore March 31, 1998, each court shall adopt local rules to establish the
9 basic procedures for extended juvenile jurisdiction prosecution in their
10 jurisdictions.
11 (3) After a proceeding in which prosecution as an adult is requested
12 pursuant to subsection (a)(2), and prosecution as an adult is not author-
13 ized, the court may designate the proceedings to be an extended juvenile
14 jurisdiction prosecution. A juvenile who is the subject of an extended ju-
15 venile jurisdiction prosecution shall have the right to a trial by jury, to
16 the effective assistance of counsel and to all other rights of a defendant
17 pursuant to the Kansas code of criminal procedure. On or before March
18 31, 1998, each court shall adopt local rules to establish the basic proce-
19 dures for extended juvenile jurisdiction prosecution in their jurisdictions.
20 (g) If the respondent is present in court and the court also finds from
21 the evidence that it appears a felony has been committed and that there
22 is probable cause to believe the felony has been committed by the re-
23 spondent, the court may direct that there is no necessity for further pre-
24 liminary examination on the charges as provided for in K.S.A. 22-2902,
25 and amendments thereto. In that case, the court shall order the respon-
26 dent bound over to the district judge having jurisdiction to try the case.
27 (h) If the respondent is convicted, the authorization for prosecution
28 as an adult shall attach and apply to any future acts by the respondent
29 which are or would be cognizable under this code.
30 (i) If the respondent is prosecuted as an adult under subsection (a)(2)
31 and is not convicted in adult court of an offense listed in subsection (a)(2),
32 the respondent shall be a juvenile offender and receive a sentence pur-
33 suant to K.S.A. 38-1663, and amendments thereto.
34 Sec. 59. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1640 is
35 hereby amended to read as follows: 38-1640. (a) The following are criteria
36 for determining whether to place a juvenile in a juvenile detention facility
37 pursuant to subsection (c) of K.S.A. 38-1624 or subsection (e) of K.S.A.
38 38-1632, and amendments thereto:
39 (1) There is oral or written verification that the juvenile is a fugitive
40 sought for an offense in another jurisdiction or that the juvenile is cur-
41 rently an escapee from a juvenile detention facility.
42 (2) The juvenile is alleged to have committed an offense which if
43 committed by an adult would constitute a class A, B or C felony if com-
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1 mitted prior to July 1, 1993, or would constitute an off-grid felony, a
2 nondrug severity level 1, 2, 3, 4 or 5 felony or drug level 1, 2 or 3 felony
3 if committed on or after July 1, 1993, or would constitute a crime de-
4 scribed in article 35 of chapter 21 of the Kansas Statutes Annotated.
5 (3) The juvenile is awaiting court action on an another offense which
6 if committed by an adult would constitute a felony.
7 (4) The juvenile has a record of failure to appear in court or there is
8 probable cause to believe that the juvenile will flee the jurisdiction of the
9 court.
10 (5) The juvenile has a history of violent behavior toward others.
11 (6) The juvenile exhibited seriously assaultive or destructive behavior
12 at the time of being taken into custody and continued such behavior after
13 taken into custody.
14 (7) The juvenile exhibited self-destructive behavior at the time of
15 being taken into custody and continued such behavior after taken into
16 custody.
17 (8) The juvenile has a record of adjudication or conviction of one or
18 more offenses which if committed by an adult would constitute felonies.
19 (9) The juvenile is a juvenile offender who has been expelled from
20 placement in a nonsecure facility as a result of the current alleged offense.
21 (b) This section shall be part of and supplemental to the Kansas ju-
22 venile offenders justice code.
23 Sec. 60. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1652, as
24 amended by section 73 of chapter 229 of the 1996 Session Laws of Kansas,
25 is hereby amended to read as follows: 38-1652. (a) The hearing shall be
26 open to the public as to any respondent 16 or more years of age at the
27 time of the alleged offense or as to any respondent less than 16 years of
28 age at the time of the alleged offense except if the judge determines that
29 opening the hearing to the public is not in the best interest of such re-
30 spondent who is less than 16 years of age.
31 (b) If the court determines that opening the court proceedings to the
32 public is not in the best interest of the respondent, the court may exclude
33 all persons except the respondent, the respondent's parents, attorneys for
34 interested parties, officers of the court, the witness testifying and the
35 victim, as defined in subsection (b) of K.S.A. 74-7333 and amendments
36 thereto or such members of the victim's family, as defined in subsection
37 (b)(2) of K.S.A. 74-7335 and amendments thereto as the court deems
38 appropriate. Upon agreement of all interested parties, the court shall
39 allow other persons to attend the hearing unless the court finds the pres-
40 ence of the persons would be disruptive to the proceedings.
41 (c) As used in this section, ``hearings'' shall include detention, first
42 appearance, adjudicatory, sentencing and all other hearings held under
43 this code.
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1 Sec. 61. On and after July 1, 1997, K.S.A. 38-1661, as amended by
2 section 79 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
3 amended to read as follows: 38-1661. (a) Prior to a sentencing hearing,
4 the court shall request an investigation and report by a court services
5 officer unless the court finds that adequate and current information is
6 available from a previous investigation, report or other sources. Upon
7 request of the prosecuting attorney or the attorney for the respondent,
8 the court shall make available to the attorney the report of the investi-
9 gation and shall allow the attorney a reasonable time to review the report
10 before ordering the sentencing of the respondent. As part of the inves-
11 tigation the judicial administrator shall designate a sentencing risk as-
12 sessment tool to be used statewide. Such assessment tool shall be com-
13 pleted prior to sentencing and be used by the court in determining
14 sentencing. The commissioner shall have access to completed sentencing
15 risk assessment tools.
16 (b) The court may direct that the investigation include the circum-
17 stances of the offense; the attitude of the complainant, victim or the vic-
18 tim's family; and the record of juvenile offenses, the social history and
19 the present condition of the respondent. Except where specifically pro-
20 hibited by law, all local governmental public and private educational in-
21 stitutions and state agencies shall furnish to the officer conducting the
22 predispositional investigation the records the officer requests. If ordered
23 by the court, the predispositional investigation shall include a physical
24 examination and mental examination of the respondent if sufficient re-
25 ports are not already available to the investigating officer. Predispositional
26 investigations shall contain other information prescribed by the court.
27 (c) At any time after the respondent has been adjudicated to be a
28 juvenile offender and prior to sentencing, the judge, at the request of an
29 interested party, shall hear additional evidence as to proposals for rea-
30 sonable and appropriate sentencing of the case.
31 Sec. 62. On and after July 1, 1997, K.S.A. 38-1662, as amended by
32 section 80 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
33 amended to read as follows: 38-1662. (a) Psychological or emotional. Fol-
34 lowing the juvenile being adjudged to be a juvenile offender under this
35 code the court may order an evaluation and written report of the psycho-
36 logical or emotional development or needs of the juvenile offender. The
37 court may refer the juvenile offender to a state institution for the evalu-
38 ation if the commissioner advises the court that the facility is a suitable
39 place to care for, treat or evaluate the juvenile offender and that space is
40 available. The expenses of transportation to and from the state facility
41 may be paid as a part of the expenses of the proceedings. The juvenile
42 offender may be referred to a mental health center or a qualified profes-
43 sional for the evaluation, and the expenses of the evaluation may be con-
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1 sidered as expenses of the proceedings and assessed as provided in this
2 code. If the court orders an evaluation as provided in this section, a parent
3 of the juvenile offender shall have the right to obtain an independent
4 evaluation at the expense of the parent.
5 (b) Medical. Following the juvenile being adjudged to be a juvenile
6 offender under this code, the court may order an examination and report
7 of the medical condition and needs of the juvenile offender who is the
8 subject of the proceedings. The court may also order a report from any
9 physician who has been attending the juvenile offender stating the diag-
10 nosis, condition and treatment afforded the juvenile offender.
11 (c) Educational. The court may order the chief administrative officer
12 of the school which the juvenile offender attends or attended to provide
13 to the court information that is readily available which the school officials
14 feel would properly indicate the educational needs of the juvenile of-
15 fender. The order may direct that the school conduct an educational
16 needs assessment of the juvenile offender and send a report thereof to
17 the court. The educational needs assessment may include a meeting in-
18 volving any of the following: (1) The juvenile offender's parents, (2) the
19 juvenile offender's teacher or teachers, (3) the school psychologist, (4) a
20 school special services representative, (5) a representative of the com-
21 missioner, (6) the juvenile offender's C.A.S.A., (7) the juvenile offender's
22 foster parents or legal guardian and (8) other persons that the chief ad-
23 ministrative officer of the school, or the officer's designee, deems appro-
24 priate.
25 Sec. 63. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1663, as
26 amended by section 81 of chapter 229 of the 1996 Session Laws of Kansas,
27 is hereby amended to read as follows: 38-1663. (a) When a respondent
28 has been adjudged to be a juvenile offender, the judge may select from
29 the following alternatives:
30 (1) Place the juvenile offender on probation for a fixed period, subject
31 to the terms and conditions the court deems appropriate, including a
32 requirement of making restitution as required by subsection (d).
33 (2) Place the juvenile offender in the custody of a parent or other
34 suitable person, subject to the terms and conditions the court orders,
35 including a requirement of making restitution as required by subsection
36 (d).
37 (3) Place the juvenile offender in the custody of a youth residential
38 facility, subject to the terms and conditions the court orders.
39 (4) Place the juvenile offender in the custody of the commissioner.
40 (5) Impose any appropriate combination of subsections (a)(1) and (2),
41 subsection (a)(3) or subsection (a)(4) and make other orders directed to
42 the juvenile offender as the court deems appropriate.
43 (6) Commit the juvenile offender to a sanctions house for a period no
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1 longer than seven days. Following such period, the court shall review the
2 placement. The court may continue to recommit the juvenile offender to
3 a sanctions house for a period no longer than seven days followed by a
4 court review. In no event shall such sanctions house commitment exceed
5 28 consecutive days.
6 (7) Commit the juvenile offender, if 18 years of age or less than 23
7 years of age, to the county jail for a period no longer than seven days and
8 only when the juvenile offender has violated probation.
9 (6) (8) Commit the juvenile offender to a community based program
10 available in such judicial district subject to the terms and conditions the
11 court orders.
12 (9) Commit the juvenile offender, if 13 years of age or older, to a
13 juvenile correctional facility if the juvenile offender:
14 (A) Has previously been adjudged as a juvenile offender under this
15 code or as a delinquent or miscreant under the Kansas juvenile code; or
16 (B) has been adjudicated a juvenile offender as a result of having
17 committed an act which, if done by a person 18 years of age or over,
18 would constitute a class A, B or C felony as defined by the Kansas criminal
19 code or, if done on or after July 1, 1993, would constitute an off-grid
20 crime or a nondrug crime ranked in severity level 1 through 5 or a drug
21 crime ranked in severity level 1 through 3.
22 (7) (10) Place the juvenile offender under a house arrest program
23 administered by the court pursuant to K.S.A. 21-4603b and amendments
24 thereto.
25 (b) (1) In addition to any other order authorized by this section, the
26 court may order the: (A) Juvenile offender and the parents of the juvenile
27 offender to:
28 (i) Attend counseling sessions as the court directs; or
29 (ii) participate in mediation as the court directs. Participants in such
30 mediation may include, but shall not be limited to, the victim, the juvenile
31 offender and the juvenile offender's parents. Mediation shall not be man-
32 datory for the victim;
33 (B) parents of the juvenile offender to participate in parenting classes;
34 or
35 (C) juvenile offender to successfully participate in a program of ed-
36 ucation offered by a local board of education including placement in an
37 alternative educational program approved by a local board of education.
38 (2) Upon entering an order requiring a juvenile offender's parent to
39 attend counseling sessions or mediation, the court shall give the parent
40 notice of the order. The notice shall inform the parent of the parent's
41 right to request a hearing within 10 days after entry of the order and the
42 parent's right to employ an attorney to represent the parent at the hearing
43 or, if the parent is financially unable to employ an attorney, the parent's
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1 right to request the court to appoint an attorney to represent the parent.
2 If the parent does not request a hearing within 10 days after entry of the
3 order, the order shall take effect at that time. If the parent requests a
4 hearing, the court shall set the matter for hearing and, if requested, shall
5 appoint an attorney to represent the parent. The expense and fees of the
6 appointed attorney may be allowed and assessed as provided by K.S.A.
7 38-1606 and amendments thereto.
8 (3) The costs of any counseling or mediation may be assessed as ex-
9 penses in the case. No mental health center shall charge a fee for court-
10 ordered counseling greater than that the center would have charged the
11 person receiving the counseling if the person had requested counseling
12 on the person's own initiative. No mediator shall charge a fee for court-
13 ordered mediation greater than that the mediator would have charged
14 the person participating in the mediation if the person had requested
15 mediation on the person's own initiative.
16 (c) (1) If a respondent has been adjudged to be a juvenile offender,
17 the court, in addition to any other order authorized by this section, may
18 suspend the juvenile offender's driver's license or privilege to operate a
19 motor vehicle on the streets and highways of this state. The duration of
20 the suspension ordered by the court shall be for a definite time period to
21 be determined by the court. Upon suspension of a license pursuant to
22 this subsection, the court shall require the juvenile offender to surrender
23 the license to the court, which shall transmit the license to the division
24 of motor vehicles of the department of revenue, to be retained until the
25 period of suspension expires. At that time, the licensee may apply to the
26 division for return of the license. If the license has expired, the juvenile
27 offender may apply for a new license, which shall be issued promptly
28 upon payment of the proper fee and satisfaction of other conditions es-
29 tablished by law for obtaining a license unless another suspension or rev-
30 ocation of the juvenile offender's privilege to operate a motor vehicle is
31 in effect. As used in this subsection, ``highway'' and ``street'' have the
32 meanings provided by K.S.A. 8-1424 and 8-1473, and amendments
33 thereto. Any respondent who is adjudged to be a juvenile offender who
34 does not have a driver's license may have such juvenile offender's driving
35 privileges revoked. No Kansas driver's license shall be issued to a juvenile
36 offender whose driving privileges have been revoked pursuant to this
37 section for a definite time period to be determined by the court.
38 (2) In lieu of suspending the driver's license or privilege to operate
39 a motor vehicle on the highways of this state of any respondent adjudged
40 to be a juvenile offender, as provided in subsection (c)(1), the court in
41 which such juvenile offender was adjudged to be a juvenile offender may
42 enter an order which places conditions on such juvenile offender's priv-
43 ilege of operating a motor vehicle on the highways of this state, a certified
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1 copy of which such juvenile offender shall be required to carry any time
2 such juvenile offender is operating a motor vehicle on the highways of
3 this state. Any such order shall prescribe the duration of the conditions
4 imposed and shall specify that such duration shall be for a definite time
5 period to be determined by the court. Upon entering an order restricting
6 a juvenile offender's license hereunder, the court shall require such ju-
7 venile offender to surrender such juvenile offender's driver's license to
8 the court who shall cause it to be transmitted to the division of vehicles,
9 together with a copy of the order. Upon receipt thereof, the division of
10 vehicles shall issue without charge a driver's license which shall indicate
11 on its face that conditions have been imposed on such juvenile offender's
12 privilege of operating a motor vehicle and that a certified copy of the
13 order imposing such conditions is required to be carried by the juvenile
14 offender for whom the license was issued any time such juvenile offender
15 is operating a motor vehicle on the highways of this state. If the juvenile
16 offender convicted is a nonresident, the court shall cause a copy of the
17 order to be transmitted to the division and the division shall forward a
18 copy of it to the motor vehicle administrator of such juvenile offender's
19 state of residence. Such court shall furnish to any juvenile offender whose
20 driver's license has had conditions imposed on it under this section a copy
21 of the order, which shall be recognized as a valid Kansas driver's license
22 until such time as the division shall issue the restricted license provided
23 for in this subsection. Upon expiration of the period of time for which
24 conditions are imposed pursuant to this subsection, the licensee may ap-
25 ply to the division for the return of the license previously surrendered by
26 such licensee. In the event such license has expired, such juvenile of-
27 fender may apply to the division for a new license, which shall be issued
28 immediately by the division upon payment of the proper fee and satis-
29 faction of the other conditions established by law, unless such juvenile
30 offender's privilege to operate a motor vehicle on the highways of this
31 state has been suspended or revoked prior thereto. If any juvenile of-
32 fender shall violate any of the conditions imposed under this subsection,
33 such juvenile offender's driver's license or privilege to operate a motor
34 vehicle on the highways of this state shall be revoked for a period as
35 determined by the court in which such juvenile offender is convicted of
36 violating such conditions.
37 (d) Whenever a juvenile offender is placed pursuant to subsection
38 (a)(1) or (2), the court, unless it finds compelling circumstances which
39 would render a plan of restitution unworkable, shall order the juvenile
40 offender to make restitution to persons who sustained loss by reason of
41 the offense. The restitution shall be made either by payment of an amount
42 fixed by the court or by working for the persons in order to compensate
43 for the loss. If the court finds compelling circumstances which would
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1 render a plan of restitution unworkable, the court may order the juvenile
2 offender to perform charitable or social service for organizations perform-
3 ing services for the community.
4 Nothing in this subsection shall be construed to limit a court's authority
5 to order a juvenile offender to make restitution or perform charitable or
6 social service under circumstances other than those specified by this sub-
7 section or when placement is made pursuant to subsection (a)(3) or (4).
8 (e) In addition to or in lieu of any other order authorized by this
9 section, the court may order a juvenile offender to pay a fine not exceed-
10 ing $250 for each offense. In determining whether to impose a fine and
11 the amount to be imposed, the court shall consider the following:
12 (1) Imposition of a fine is most appropriate in cases where the juve-
13 nile offender has derived pecuniary gain from the offense.
14 (2) The amount of the fine should be directly related to the serious-
15 ness of the juvenile offender's offense and the juvenile offender's ability
16 to pay.
17 (3) Payment of a fine may be required in a lump sum or installments.
18 (4) Imposition of a restitution order is preferable to imposition of a
19 fine.
20 (5) The juvenile offender's duty of payment should be limited in du-
21 ration and in no event should the time necessary for payment exceed the
22 maximum term which would be authorized if the offense had been com-
23 mitted by an adult.
24 (f) In addition to or in lieu of any other order authorized by this
25 section, if a juvenile is adjudged to be a juvenile offender by reason of a
26 violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
27 and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
28 65-4154 or 65-4155 or K.S.A. 1995 1996 Supp. 8-1599, and amendments
29 thereto, the court shall order the juvenile offender to submit to and com-
30 plete an alcohol and drug evaluation by a community-based alcohol and
31 drug safety action program certified pursuant to K.S.A. 8-1008 and
32 amendments thereto and to pay a fee not to exceed the fee established
33 by that statute for such evaluation, except that such evaluation may be
34 waived by the court if the court finds that the juvenile offender has suc-
35 cessfully completed an alcohol and drug evaluation, approved by the com-
36 munity-based alcohol and drug safety action program, within 12 months
37 of the offender's arrest on this offense. If such evaluation occurred more
38 than 12 months after the offender's arrest on this offense, the court shall
39 order the juvenile offender to resubmit to and complete such evaluation
40 and program as provided herein. If the court finds that the juvenile of-
41 fender and those legally liable for the offender's support are indigent, the
42 fee may be waived. In no event shall the fee be assessed against the
43 commissioner or the juvenile justice authority. The court may require the
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1 parent or guardian of the juvenile offender to attend such program with
2 the juvenile offender.
3 (g) The board of county commissioners of a county may provide by
4 resolution that the parents or guardians of any juvenile offender placed
5 under a house arrest program pursuant to subsection (a)(7) shall be re-
6 quired to pay to the county the cost of such house arrest program. The
7 board of county commissioners shall further prepare a sliding financial
8 scale based on the ability of the parents to pay for such a program.
9 (h) In addition to any other order authorized by this section, if child
10 support has been requested and the parent or parents have a duty to
11 support the respondent the court may, and when custody is placed with
12 the commissioner shall, order one or both parents to pay child support.
13 The court shall determine, for each parent separately, whether the parent
14 is already subject to an order to pay support for the respondent. If the
15 parent is not presently ordered to pay support for the respondent and
16 the court has personal jurisdiction over the parent, the court shall order
17 the parent to pay child support in an amount determined under K.S.A.
18 38-16,117 and amendments thereto. Except for good cause shown, the
19 court shall issue an immediate income withholding order pursuant to
20 K.S.A. 23-4,105 et seq. and amendments thereto for each parent ordered
21 to pay support under this subsection, regardless of whether a payor has
22 been identified for the parent. A parent ordered to pay child support
23 under this subsection shall be notified, at the hearing or otherwise, that
24 the child support order may be registered pursuant to K.S.A. 38-16,119
25 and amendments thereto. The parent shall also be informed that, after
26 registration, the income withholding order may be served on the parent's
27 employer without further notice to the parent and the child support order
28 may be enforced by any method allowed by law. Failure to provide this
29 notice shall not affect the validity of the child support order.
30 (i) Any order issued by the judge pursuant to this section shall be in
31 effect immediately upon entry into the judge's minutes.
32 (j) In addition to the requirements of K.S.A. 38-1671, and amend-
33 ments thereto, on or after July 1, 1997, if a person is under 18 years of
34 age and convicted of a felony or adjudicated as a juvenile offender for an
35 act which if done by an adult would constitute the commission of a felony,
36 the court shall forward a signed copy of the journal entry to the commis-
37 sioner within 30 days of final deposition.
38 (k) The sentencing hearing shall be open to the public as provided in
39 K.S.A. 38-1652, and amendments thereto.
40 Sec. 64. On and after July 1, 1999, K.S.A. 1995 Supp. 38-1663, as
41 amended by section 63 of this act, is hereby amended to read as follows:
42 38-1663. (a) When a respondent has been adjudged to be a juvenile of-
43 fender, the judge may select from the following alternatives:
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1 (1) Place the juvenile offender on probation for a fixed period, subject
2 to the terms and conditions the court deems appropriate based on the
3 juvenile justice programs in the community, including a requirement of
4 making restitution as required by subsection (d).
5 (2) Place the juvenile offender in the custody of a parent or other
6 suitable person, subject to the terms and conditions the court orders
7 based on the juvenile justice programs in the community, including a
8 requirement of making restitution as required by subsection (d).
9 (3) Place the juvenile offender in the custody of a youth residential
10 facility, subject to the terms and conditions the court orders.
11 (4) Place the juvenile offender in the custody of the commissioner.
12 (5) Impose any appropriate combination of subsections (a)(1) and (2),
13 subsection (a)(3) or subsection (a)(4) and make other orders directed to
14 the juvenile offender as the court deems appropriate.
15 (6) Commit the juvenile offender to a sanctions house for a period
16 no longer than seven days. Following such period, the court shall review
17 the placement. The court may continue to recommit the juvenile offender
18 to a sanctions house for a period no longer than seven days followed by
19 a court review. In no event shall such sanctions house commitment exceed
20 28 consecutive days.
21 (7) Commit the juvenile offender, if 18 years of age or less than 23
22 years of age, to the county jail for a period no longer than seven days and
23 only when the juvenile offender has violated probation.
24 (8) Commit the juvenile offender to a community based program
25 available in such judicial district subject to the terms and conditions the
26 court orders.
27 (9) Commit the juvenile offender to a juvenile correctional facility if
28 the juvenile offender:
29 (A) Has previously been adjudged as a juvenile offender under this
30 code; or
31 (B) has been adjudicated a juvenile offender as a result of having
32 committed an act which, if done by a person 18 years of age or over,
33 would constitute a class A, B or C felony as defined by the Kansas criminal
34 code or, if done on or after July 1, 1993, would constitute an off-grid
35 crime or a nondrug crime ranked in severity level 1 through 5 or a drug
36 crime ranked in severity level 1 through 3 as provided by the placement
37 matrix established in section 23, and amendments thereto.
38 (10) Place the juvenile offender under a house arrest program ad-
39 ministered by the court pursuant to K.S.A. 21-4603b and amendments
40 thereto.
41 (b) (1) In addition to any other order authorized by this section, the
42 court may order the: (A) Juvenile offender and the parents of the juvenile
43 offender to:
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1 (i) Attend counseling sessions as the court directs; or
2 (ii) participate in mediation as the court directs. Participants in such
3 mediation may include, but shall not be limited to, the victim, the juvenile
4 offender and the juvenile offender's parents. Mediation shall not be man-
5 datory for the victim;
6 (B) parents of the juvenile offender to participate in parenting classes;
7 or
8 (C) juvenile offender to successfully participate in a program of ed-
9 ucation offered by a local board of education including placement in an
10 alternative educational program approved by a local board of education.
11 (2) Upon entering an order requiring a juvenile offender's parent to
12 attend counseling sessions or mediation, the court shall give the parent
13 notice of the order. The notice shall inform the parent of the parent's
14 right to request a hearing within 10 days after entry of the order and the
15 parent's right to employ an attorney to represent the parent at the hearing
16 or, if the parent is financially unable to employ an attorney, the parent's
17 right to request the court to appoint an attorney to represent the parent.
18 If the parent does not request a hearing within 10 days after entry of the
19 order, the order shall take effect at that time. If the parent requests a
20 hearing, the court shall set the matter for hearing and, if requested, shall
21 appoint an attorney to represent the parent. The expense and fees of the
22 appointed attorney may be allowed and assessed as provided by K.S.A.
23 38-1606 and amendments thereto.
24 (3) The costs of any counseling or mediation may be assessed as ex-
25 penses in the case. No mental health center shall charge a fee for court-
26 ordered counseling greater than that the center would have charged the
27 person receiving the counseling if the person had requested counseling
28 on the person's own initiative. No mediator shall charge a fee for court-
29 ordered mediation greater than that the mediator would have charged
30 the person participating in the mediation if the person had requested
31 mediation on the person's own initiative.
32 (c) (1) If a respondent has been adjudged to be a juvenile offender,
33 the court, in addition to any other order authorized by this section, may
34 suspend the juvenile offender's driver's license or privilege to operate a
35 motor vehicle on the streets and highways of this state. The duration of
36 the suspension ordered by the court shall be for a definite time period to
37 be determined by the court. Upon suspension of a license pursuant to
38 this subsection, the court shall require the juvenile offender to surrender
39 the license to the court, which shall transmit the license to the division
40 of motor vehicles of the department of revenue, to be retained until the
41 period of suspension expires. At that time, the licensee may apply to the
42 division for return of the license. If the license has expired, the juvenile
43 offender may apply for a new license, which shall be issued promptly
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77
1 upon payment of the proper fee and satisfaction of other conditions es-
2 tablished by law for obtaining a license unless another suspension or rev-
3 ocation of the juvenile offender's privilege to operate a motor vehicle is
4 in effect. As used in this subsection, ``highway'' and ``street'' have the
5 meanings provided by K.S.A. 8-1424 and 8-1473, and amendments
6 thereto. Any respondent who is adjudged to be a juvenile offender who
7 does not have a driver's license may have such juvenile offender's driving
8 privileges revoked. No Kansas driver's license shall be issued to a juvenile
9 offender whose driving privileges have been revoked pursuant to this
10 section for a definite time period to be determined by the court.
11 (2) In lieu of suspending the driver's license or privilege to operate
12 a motor vehicle on the highways of this state of any respondent adjudged
13 to be a juvenile offender, as provided in subsection (c)(1), the court in
14 which such juvenile offender was adjudged to be a juvenile offender may
15 enter an order which places conditions on such juvenile offender's priv-
16 ilege of operating a motor vehicle on the highways of this state, a certified
17 copy of which such juvenile offender shall be required to carry any time
18 such juvenile offender is operating a motor vehicle on the highways of
19 this state. Any such order shall prescribe the duration of the conditions
20 imposed and shall specify that such duration shall be for a definite time
21 period to be determined by the court. Upon entering an order restricting
22 a juvenile offender's license hereunder, the court shall require such ju-
23 venile offender to surrender such juvenile offender's driver's license to
24 the court who shall cause it to be transmitted to the division of vehicles,
25 together with a copy of the order. Upon receipt thereof, the division of
26 vehicles shall issue without charge a driver's license which shall indicate
27 on its face that conditions have been imposed on such juvenile offender's
28 privilege of operating a motor vehicle and that a certified copy of the
29 order imposing such conditions is required to be carried by the juvenile
30 offender for whom the license was issued any time such juvenile offender
31 is operating a motor vehicle on the highways of this state. If the juvenile
32 offender convicted is a nonresident, the court shall cause a copy of the
33 order to be transmitted to the division and the division shall forward a
34 copy of it to the motor vehicle administrator of such juvenile offender's
35 state of residence. Such court shall furnish to any juvenile offender whose
36 driver's license has had conditions imposed on it under this section a copy
37 of the order, which shall be recognized as a valid Kansas driver's license
38 until such time as the division shall issue the restricted license provided
39 for in this subsection. Upon expiration of the period of time for which
40 conditions are imposed pursuant to this subsection, the licensee may ap-
41 ply to the division for the return of the license previously surrendered by
42 such licensee. In the event such license has expired, such juvenile of-
43 fender may apply to the division for a new license, which shall be issued
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78
1 immediately by the division upon payment of the proper fee and satis-
2 faction of the other conditions established by law, unless such juvenile
3 offender's privilege to operate a motor vehicle on the highways of this
4 state has been suspended or revoked prior thereto. If any juvenile of-
5 fender shall violate any of the conditions imposed under this subsection,
6 such juvenile offender's driver's license or privilege to operate a motor
7 vehicle on the highways of this state shall be revoked for a period as
8 determined by the court in which such juvenile offender is convicted of
9 violating such conditions.
10 (d) Whenever a juvenile offender is placed pursuant to subsection
11 (a)(1) or (2), the court, unless it finds compelling circumstances which
12 would render a plan of restitution unworkable, shall order the juvenile
13 offender to make restitution to persons who sustained loss by reason of
14 the offense. The restitution shall be made either by payment of an amount
15 fixed by the court or by working for the persons in order to compensate
16 for the loss. If the court finds compelling circumstances which would
17 render a plan of restitution unworkable, the court may order the juvenile
18 offender to perform charitable or social service for organizations perform-
19 ing services for the community.
20 Nothing in this subsection shall be construed to limit a court's authority
21 to order a juvenile offender to make restitution or perform charitable or
22 social service under circumstances other than those specified by this sub-
23 section or when placement is made pursuant to subsection (a)(3) or (4).
24 (e) In addition to or in lieu of any other order authorized by this
25 section, the court may order a juvenile offender to pay a fine not exceed-
26 ing $250 for each offense. In determining whether to impose a fine and
27 the amount to be imposed, the court shall consider the following:
28 (1) Imposition of a fine is most appropriate in cases where the juve-
29 nile offender has derived pecuniary gain from the offense.
30 (2) The amount of the fine should be directly related to the serious-
31 ness of the juvenile offender's offense and the juvenile offender's ability
32 to pay.
33 (3) Payment of a fine may be required in a lump sum or installments.
34 (4) Imposition of a restitution order is preferable to imposition of a
35 fine.
36 (5) The juvenile offender's duty of payment should be limited in du-
37 ration and in no event should the time necessary for payment exceed the
38 maximum term which would be authorized if the offense had been com-
39 mitted by an adult.
40 (f) In addition to or in lieu of any other order authorized by this
41 section, if a juvenile is adjudged to be a juvenile offender by reason of a
42 violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
43 and amendments thereto) or K.S.A. 41-719, 41-727, 65-4152, 65-4153,
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79
1 65-4154 or 65-4155 or K.S.A. 1996 Supp. 8-1599, and amendments
2 thereto, the court shall order the juvenile offender to submit to and com-
3 plete an alcohol and drug evaluation by a community-based alcohol and
4 drug safety action program certified pursuant to K.S.A. 8-1008 and
5 amendments thereto and to pay a fee not to exceed the fee established
6 by that statute for such evaluation, except that such evaluation may be
7 waived by the court if the court finds that the juvenile offender has suc-
8 cessfully completed an alcohol and drug evaluation, approved by the com-
9 munity-based alcohol and drug safety action program, within 12 months
10 of the offender's arrest on this offense. If such evaluation occurred more
11 than 12 months after the offender's arrest on this offense, the court shall
12 order the juvenile offender to resubmit to and complete such evaluation
13 and program as provided herein. If the court finds that the juvenile of-
14 fender and those legally liable for the offender's support are indigent, the
15 fee may be waived. In no event shall the fee be assessed against the
16 commissioner or the juvenile justice authority. The court may require the
17 parent or guardian of the juvenile offender to attend such program with
18 the juvenile offender.
19 (g) The board of county commissioners of a county may provide by
20 resolution that the parents or guardians of any juvenile offender placed
21 under a house arrest program pursuant to subsection (a)(7) shall be re-
22 quired to pay to the county the cost of such house arrest program. The
23 board of county commissioners shall further prepare a sliding financial
24 scale based on the ability of the parents to pay for such a program.
25 (h) In addition to any other order authorized by this section, if child
26 support has been requested and the parent or parents have a duty to
27 support the respondent the court may, and when custody is placed with
28 the commissioner shall, order one or both parents to pay child support.
29 The court shall determine, for each parent separately, whether the parent
30 is already subject to an order to pay support for the respondent. If the
31 parent is not presently ordered to pay support for the respondent and
32 the court has personal jurisdiction over the parent, the court shall order
33 the parent to pay child support in an amount determined under K.S.A.
34 38-16,117 and amendments thereto. Except for good cause shown, the
35 court shall issue an immediate income withholding order pursuant to
36 K.S.A. 23-4,105 et seq. and amendments thereto for each parent ordered
37 to pay support under this subsection, regardless of whether a payor has
38 been identified for the parent. A parent ordered to pay child support
39 under this subsection shall be notified, at the hearing or otherwise, that
40 the child support order may be registered pursuant to K.S.A. 38-16,119
41 and amendments thereto. The parent shall also be informed that, after
42 registration, the income withholding order may be served on the parent's
43 employer without further notice to the parent and the child support order
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1 may be enforced by any method allowed by law. Failure to provide this
2 notice shall not affect the validity of the child support order.
3 (i) Any order issued by the judge pursuant to this section shall be in
4 effect immediately upon entry into the judge's minutes.
5 (j) In addition to the requirements of K.S.A. 38-1671, and amend-
6 ments thereto, on or after July 1, 1997, if a person is under 18 years of
7 age and convicted of a felony or adjudicated as a juvenile offender for an
8 act which if done by an adult would constitute the commission of a felony,
9 the court shall forward a signed copy of the journal entry to the commis-
10 sioner within 30 days of final deposition.
11 (k) The sentencing hearing shall be open to the public as provided in
12 K.S.A. 38-1652, and amendments thereto.
13 Sec. 65. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1668, as
14 amended by section 85 of chapter 229 of the 1996 Session Laws of Kansas,
15 is hereby amended to read as follows: 38-1668. (a) A parent, guardian or
16 person with whom a juvenile resides may be ordered by the court to
17 report any probation violations or conditional release contract violations,
18 aid in enforcing terms and conditions of probation or conditional release
19 or other orders of the court or any of the above. Any person placed under
20 an order to report any probation violations or conditional release contract
21 violations, aid in enforcing terms and conditions of probation or condi-
22 tional release or other orders of the court or any of the above who fails
23 to do so may be proceeded against for indirect contempt of court as
24 provided in K.S.A. 20-1204a et seq., and amendments thereto.
25 (b) This section shall be part of and supplemental to the Kansas ju-
26 venile justice code.
27 Sec. 66. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1671, as
28 amended by section 86 of chapter 229 of the 1996 Session Laws of Kansas,
29 is hereby amended to read as follows: 38-1671. (a) Actions by the court.
30 (1) When a juvenile offender has been committed to a juvenile correc-
31 tional facility, the clerk of the court shall forthwith notify the commis-
32 sioner of the commitment and provide the commissioner with a certified
33 copy of the complaint, the journal entry of the trial and the sentence. The
34 court shall also forward those items from the social file which could relate
35 to a rehabilitative program. If the court wishes to recommend placement
36 of the juvenile offender in a specific juvenile correctional facility, the
37 recommendation shall be included in the sentence. After the court has
38 received notice of the juvenile correctional facility designated as provided
39 in subsection (b), it shall be the duty of the court or the sheriff of the
40 county to deliver the juvenile offender to the facility at the time desig-
41 nated by the commissioner.
42 (2) When a juvenile offender is residing in a juvenile correctional
43 facility and is required to go back to court for any reason, the county
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1 demanding the juvenile's presence shall be responsible for transportation,
2 detention, custody and control of such offender. In these cases, the county
3 sheriff shall be responsible for all transportation, detention, custody and
4 control of such offender.
5 (b) Actions by the commissioner. (1) After receiving notice of com-
6 mitment as provided in subsection (a), the commissioner shall give the
7 committing court notice designating the juvenile correctional facility to
8 which the juvenile offender is to be admitted and the date of the admis-
9 sion.
10 (2) Except as provided by K.S.A. 38-1691, and amendments thereto,
11 the commissioner may make any temporary out-of-home placement the
12 commissioner deems appropriate pending placement of the juvenile of-
13 fender in a juvenile correctional facility, and the commissioner shall notify
14 the court, local law enforcement agency and school district in which the
15 juvenile will be residing if the juvenile is still required to attend a sec-
16 ondary school of that placement.
17 (c) Transfers. During the time a juvenile offender remains committed
18 to a juvenile correctional facility, the commissioner may transfer the ju-
19 venile offender from one juvenile correctional facility to another.
20 Sec. 67. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1673, as
21 amended by section 88 of chapter 229 of the 1996 Session Laws of Kansas,
22 is hereby amended to read as follows: 38-1673. (a) When a juvenile of-
23 fender has satisfactorily completed the program such offender's term of
24 incarceration at the juvenile correctional facility to which the juvenile
25 offender was committed or placed, the person in charge of the juvenile
26 correctional facility shall have authority to release the juvenile offender
27 under appropriate conditions and for a specified period of time.
28 (b) At least 15 days prior to releasing a juvenile offender as provided
29 in subsection (a), the person in charge of the juvenile correctional facility
30 shall notify the committing court of the date and conditions upon which
31 it is proposed the juvenile offender is to be released.
32 (c) Upon receipt of the notice required by subsection (b), the court
33 shall review the proposed conditions of release and may recommend
34 modifications or additions to the conditions.
35 (d) If, during the conditional release, the juvenile offender is not re-
36 turning to the county from which committed, the person in charge of the
37 juvenile correctional facility shall also give notice to the court of the
38 county in which the juvenile offender is to be residing.
39 (e) To assure compliance with conditions of release from a juvenile
40 correctional facility, the commissioner shall have the authority to pre-
41 scribe the manner in which compliance with the conditions shall be su-
42 pervised. When requested by the commissioner, the appropriate court
43 may assist in supervising compliance with the conditions of release during
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1 the term of the conditional release. The commissioner may require the
2 parents or guardians of the juvenile offender to cooperate and participate
3 with the conditions of release.
4 (f) The juvenile justice authority shall notify at least 45 days prior to
5 the discharge of the juvenile offender the county or district attorney of
6 the county where the offender was adjudicated a juvenile offender of the
7 release of such juvenile offender, if such juvenile offender's offense would
8 have constituted a class A, B or C felony before July 1, 1993, or an off-
9 grid felony, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a
10 drug crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, if
11 committed by an adult. The county or district attorney shall give written
12 notice at least 30 days prior to the release of the juvenile offender to: (1)
13 Any victim of the juvenile offender's crime who is alive and whose address
14 is known to the court or, if the victim is deceased, to the victim's family
15 if the family's address is known to the court; (2) the local law enforcement
16 agency; and (3) the school district in which the juvenile offender will be
17 residing if the juvenile is still required to attend a secondary school. Fail-
18 ure to notify pursuant to this section shall not be a reason to postpone a
19 release. Nothing in this section shall create a cause of action against the
20 state or county or an employee of the state or county acting within the
21 scope of the employee's employment as a result of the failure to notify
22 pursuant to this section.
23 (g) Conditional release programs shall include, but not be limited to,
24 the treatment options of aftercare services.
25 Sec. 68. On and after July 1, 1997, K.S.A. 38-1674, as amended by
26 section 89 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
27 amended to read as follows: 38-1674. If it is alleged that a juvenile of-
28 fender who has been conditionally released from a juvenile correctional
29 facility has failed to obey the specified conditions of release, any social
30 worker or court services officer assigned to supervise compliance with the
31 conditions of release or the county or district attorney may file a motion
32 with the committing court or the court of the county in which the juvenile
33 offender is residing. The motion shall describe the alleged violation and
34 request a hearing thereon. The court shall then proceed in the same
35 manner and under the same procedure as provided for a hearing on a
36 complaint filed under this code. If the court finds that a condition of
37 release has been violated, the court may modify or impose additional
38 conditions of release that the court considers appropriate, extend the term
39 of the conditional release or order that the juvenile offender be returned
40 to the juvenile correctional facility until discharged by the superintendent
41 in charge thereof by the commissioner.
42 Sec. 69. On and after July 1, 1999, K.S.A. 38-1674, as amended by
43 section 68 of this act, is hereby amended to read as follows: 38-1674. If
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1 it is alleged that a juvenile offender who has been conditionally released
2 from a juvenile correctional facility has failed to obey the specified con-
3 ditions of release, any officer assigned to supervise compliance with the
4 conditions of release or the county or district attorney may file a motion
5 with the committing court or the court of the county in which the juvenile
6 offender is residing. The motion shall describe the alleged violation and
7 request a hearing thereon. The court shall then proceed in the same
8 manner and under the same procedure as provided for a hearing on a
9 complaint filed under this code. If the court finds that a condition of
10 release has been violated, the court may modify or impose additional
11 conditions of release that the court considers appropriate, extend the term
12 of the conditional release or order that the juvenile offender be returned
13 to the juvenile correctional facility until discharged by the by the com-
14 missioner as determined by the placement matrix and the court's deter-
15 mination of the specified term of incarceration.
16 Sec. 70. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1675, as
17 amended by section 90 of chapter 229 of the 1996 Session Laws of Kansas,
18 is hereby amended to read as follows: 38-1675. (a) Unless a juvenile is
19 sentenced pursuant to an extended jurisdiction juvenile prosecution upon
20 court order, and the commissioner transfers the juvenile offender to the
21 custody of the secretary of corrections, When a juvenile offender has
22 reached the age 23 years or has successfully completed the program pre-
23 scribed term of incarceration at a juvenile correctional facility together
24 with any conditional release following the program, the superintendent
25 in charge of the juvenile correctional facility commissioner shall discharge
26 the juvenile offender from any further obligation under the commitment.
27 The discharge shall operate as a full and complete release from any ob-
28 ligations imposed on the juvenile offender arising from the offense for
29 which the juvenile offender was committed.
30 (b) At least 45 days prior to the discharge of the juvenile offender,
31 the juvenile justice authority shall notify the court and the county or
32 district attorney of the county where the offender was adjudicated a ju-
33 venile offender of the discharge of such juvenile offender, if such juvenile
34 offender's offense would have constituted a class A, B or C felony before
35 July 1, 1993, or an off-grid felony, a nondrug crime ranked at severity
36 level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, on
37 or after July 1, 1993, if committed by an adult. The county or district
38 attorney shall give written notice at least 30 days prior to the discharge
39 of the juvenile offender to: (1) Any victim of the juvenile offender's crime
40 who is alive and whose address is known to the court or, if the victim is
41 deceased, to the victim's family if the family's address is known to the
42 court; (2) the local law enforcement agency; and (3) the school district in
43 which the juvenile offender will be residing if the juvenile is still required
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1 to attend a secondary school. Failure to notify pursuant to this section
2 shall not be a reason to postpone a discharge. Nothing in this section shall
3 create a cause of action against the state or county or an employee of the
4 state or county acting within the scope of the employee's employment as
5 a result of the failure to notify pursuant to this section.
6 Sec. 71. On and after January 1, 1998, K.S.A. 1995 Supp. 38-1675,
7 as amended by section 70 of this act, is hereby amended to read as follows:
8 38-1675. (a) Unless a juvenile is sentenced pursuant to an extended juris-
9 diction juvenile prosecution upon court order, and the commissioner
10 transfers the juvenile offender to the custody of the secretary of correc-
11 tions, when a juvenile offender has reached the age 23 years or has com-
12 pleted the prescribed term of incarceration at a juvenile correctional fa-
13 cility together with any conditional release following the program, the
14 commissioner shall discharge the juvenile offender from any further ob-
15 ligation under the commitment. The discharge shall operate as a full and
16 complete release from any obligations imposed on the juvenile offender
17 arising from the offense for which the juvenile offender was committed.
18 (b) At least 45 days prior to the discharge of the juvenile offender,
19 the juvenile justice authority shall notify the court and the county or
20 district attorney of the county where the offender was adjudicated a ju-
21 venile offender of the discharge of such juvenile offender, if such juvenile
22 offender's offense would have constituted a class A, B or C felony before
23 July 1, 1993, or an off-grid felony, a nondrug crime ranked at severity
24 level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, on
25 or after July 1, 1993, if committed by an adult. The county or district
26 attorney shall give written notice at least 30 days prior to the discharge
27 of the juvenile offender to: (1) Any victim of the juvenile offender's crime
28 who is alive and whose address is known to the court or, if the victim is
29 deceased, to the victim's family if the family's address is known to the
30 court; (2) the local law enforcement agency; and (3) the school district in
31 which the juvenile offender will be residing if the juvenile is still required
32 to attend a secondary school. Failure to notify pursuant to this section
33 shall not be a reason to postpone a discharge. Nothing in this section shall
34 create a cause of action against the state or county or an employee of the
35 state or county acting within the scope of the employee's employment as
36 a result of the failure to notify pursuant to this section.
37 Sec. 72. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1676, as
38 amended by section 91 of chapter 229 of the 1996 Session Laws of Kansas,
39 is hereby amended to read as follows: 38-1676. (a) If a juvenile offender
40 has committed an act which, if committed by a person 18 years of age or
41 over, would constitute a class A or B felony, if the offense was committed
42 before July 1, 1993, or an off-grid felony, a nondrug crime ranked at
43 severity level 1, 2 or 3 or a drug crime ranked at severity level 1 or 2, if
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1 the offense was committed on or after July 1, 1993, and such juvenile
2 offender is to be released, 30 45 days before release, the commissioner
3 shall notify the county attorney or district attorney, the court, the local
4 law enforcement agency, and the school district in which the juvenile
5 offender will be residing if the juvenile is still required to attend a sec-
6 ondary school, of such pending release. The county attorney, district at-
7 torney or the court on its own motion may file a motion with the court
8 for a hearing to determine if the juvenile offender should be retained in
9 the custody of the commissioner, pursuant to K.S.A. 38-1675, and amend-
10 ments thereto. The court shall fix a time and place for hearing and shall
11 notify each party of the time and place.
12 (b) Following the hearing if the court orders for the commissioner to
13 retain custody, the juvenile offender shall not be held in a juvenile cor-
14 rectional facility for longer than the maximum term of imprisonment
15 which could be imposed upon an adult convicted of the offense or of-
16 fenses which the juvenile offender has been adjudicated to have com-
17 mitted.
18 (c) As used in this section, ``maximum term of imprisonment'' means
19 the greatest maximum sentence authorized by K.S.A. 21-4501 and
20 amendments thereto, applying any enhanced penalty which would be
21 applicable under K.S.A. 21-4504 and amendments thereto and computing
22 terms as consecutive when required by K.S.A. 21-4608 and amendments
23 thereto.
24 (d) This section shall be part of and supplemental to the Kansas ju-
25 venile justice code.
26 Sec. 73. On and after July 1, 1997, K.S.A. 38-1681, as amended by
27 section 93 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
28 amended to read as follows: 38-1681. (a) Order authorizing prosecution
29 as an adult or extended jurisdiction juvenile prosecution. (1) Unless the
30 respondent has consented to the order, an appeal may be taken by a
31 respondent from an order authorizing prosecution as an adult. The appeal
32 shall be taken only after conviction and in the same manner as other
33 criminal appeals, except that (A) where the criminal prosecution has re-
34 sulted in a judgment of conviction upon a plea of guilty or nolo conten-
35 dere, an appeal may be taken from the order authorizing prosecution
36 pursuant to K.S.A. 38-1636, and amendments thereto, notwithstanding
37 the provisions of subsection (a) of K.S.A. 22-3602 and amendments
38 thereto, and (B) if the criminal prosecution results in an acquittal, an
39 appeal may nevertheless be taken from the order authorizing prosecution
40 pursuant to K.S.A. 38-1636, and amendments thereto, if the order pro-
41 vides that it attaches to future acts by the respondent as authorized by
42 subsection (h) of K.S.A. 38-1636, and amendments thereto.
43 (2) If on appeal the order authorizing prosecution as an adult is re-
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1 versed but the finding of guilty is affirmed or the conviction was based
2 on a plea of guilty or nolo contendere, the respondent shall be deemed
3 adjudicated to be a juvenile offender. On remand the district court shall
4 proceed with sentencing.
5 (b) Orders of adjudgment and sentencing. An appeal may be taken
6 by a respondent from an order of such respondent being adjudged to be
7 a juvenile offender or sentencing, or both. The appeal shall be taken after,
8 but within 10 days of, the entry of the sentence.
9 (c) Priority. Appeals under this section shall have priority over other
10 cases except those having statutory priority.
11 Sec. 74. On and after January 1, 1998, K.S.A. 38-1681, as amended
12 by section 73 of this act, is hereby amended to read as follows: 38-1681.
13 (a) Order authorizing prosecution as an adult or extended jurisdiction
14 juvenile prosecution. (1) Unless the respondent has consented to the or-
15 der, an appeal may be taken by a respondent from an order authorizing
16 prosecution as an adult. The appeal shall be taken only after conviction
17 and in the same manner as other criminal appeals, except that (A) where
18 the criminal prosecution has resulted in a judgment of conviction upon a
19 plea of guilty or nolo contendere, an appeal may be taken from the order
20 authorizing prosecution pursuant to K.S.A. 38-1636, and amendments
21 thereto, notwithstanding the provisions of subsection (a) of K.S.A. 22-
22 3602 and amendments thereto, and (B) if the criminal prosecution results
23 in an acquittal, an appeal may nevertheless be taken from the order au-
24 thorizing prosecution pursuant to K.S.A. 38-1636, and amendments
25 thereto, if the order provides that it attaches to future acts by the re-
26 spondent as authorized by subsection (h) of K.S.A. 38-1636, and amend-
27 ments thereto.
28 (2) If on appeal the order authorizing prosecution as an adult is re-
29 versed but the finding of guilty is affirmed or the conviction was based
30 on a plea of guilty or nolo contendere, the respondent shall be deemed
31 adjudicated to be a juvenile offender. On remand the district court shall
32 proceed with sentencing.
33 (b) Orders of adjudgment and sentencing. An appeal may be taken
34 by a respondent from an order of such respondent being adjudged to be
35 a juvenile offender or sentencing, or both. The appeal shall be taken after,
36 but within 10 days of, the entry of the sentence.
37 (c) Priority. Appeals under this section shall have priority over other
38 cases except those having statutory priority.
39 Sec. 75. On and after July 1, 1997, K.S.A. 38-1691, as amended by
40 section 95 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
41 amended to read as follows: 38-1691. (a) On and after January 1, 1993,
42 no juvenile shall be detained or placed in any jail pursuant to the Kansas
43 juvenile justice code except as provided by subsections (b) and (c).
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1 (b) Upon being taken into custody, an alleged juvenile offender may
2 be temporarily detained in a jail, in quarters with sight and sound sepa-
3 ration from adult prisoners, for the purpose of identifying and processing
4 the juvenile and transferring the juvenile to a youth residential facility or
5 juvenile detention facility. If a juvenile is detained in jail under this sub-
6 section, the juvenile shall be so detained only for the minimum time
7 necessary, not to exceed six hours, and in no case overnight.
8 (c) The provisions of this section do not apply to detention of: (1) a
9 juvenile with regard to whom a motion has been filed requesting prose-
10 cution as an adult pursuant to K.S.A. 38-1636 and amendments thereto;
11 or
12 (2) a juvenile who has been charged with or convicted of aggravated
13 juvenile delinquency as defined by K.S.A. 21-3611 and amendments
14 thereto.
15 (d) This section shall be part of and supplemental to the Kansas ju-
16 venile justice code.
17 Sec. 76. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1692 is
18 hereby amended to read as follows: 38-1692. (a) As used in this section:
19 (1) ``Adjudicated person'' means a person adjudged to be a juvenile
20 offender or a juvenile felon or a person not adjudicated because of mental
21 disease or defect.
22 (2) ``Laboratory confirmation of HIV infection'' means positive test
23 results from a confirmation test approved by the secretary of health and
24 environment.
25 (3) ``Sexual act'' means contact between the penis and the vulva, the
26 penis and the anus, the mouth and the penis, the mouth and the vulva or
27 the mouth and the anus. For purposes of this definition contact involving
28 the penis occurs upon penetration, however slight.
29 (4) ``Test for HIV infection'' means a test approved by the secretary
30 of health and environment to detect the etiologic agent for the disease
31 acquired immune deficiency syndrome.
32 (5) ``Body fluids'' means blood, semen or vaginal secretions or any
33 body fluid visibly contaminated with blood.
34 (b) At the time of the first appearance before the court of a person
35 charged with an offense involving a sexual act committed while the person
36 was a juvenile, or in which it appears from the nature of the charge that
37 the transmission of body fluids from one person to another may have
38 been involved, the judge shall inform the person or the parent or legal
39 guardian of the person of the availability of testing for HIV infection and
40 counseling and shall cause each alleged victim of the offense, if any, to
41 be notified that testing for HIV infection and counseling is available.
42 (c) If the victim of the offense requests the court to order infectious
43 disease tests of the alleged offender or if the person charged with the
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1 offense stated to law enforcement officers that the person charged with
2 the offense has an infectious disease or is infected with an infectious
3 disease, or used words of like effect, the court shall order the person
4 charged with the offense to submit to infectious disease tests as defined
5 in K.S.A. 65-6001 and amendments thereto.
6 (d) For any offense by an adjudicated person which the court deter-
7 mines, from the facts of the case, involved or was likely to have involved
8 the transmission of body fluids from one person to another or involved a
9 sexual act, the court: (1) May order the adjudicated person to submit to
10 a test for HIV infection; or (2) shall order the adjudicated person to
11 submit to a test for HIV infection if a victim of the offense, or the parent
12 or legal guardian of the victim if the victim is a minor, requests the court
13 to make such order. If a test for HIV infection is ordered under this
14 subsection, a victim who is an adult shall designate a health care provider
15 or counselor to receive the information on behalf of the victim. If a victim
16 is a minor, the parent or legal guardian of the victim shall designate the
17 health care provider or counselor to receive the information. If the test
18 results in a negative reaction, the court shall order the adjudicated person
19 to submit to another test for HIV infection six months after the first test
20 was administered.
21 (e) The results of any test for HIV infection ordered under this sec-
22 tion shall be disclosed to the court which ordered the test, to the adju-
23 dicated person, or the parent or legal guardian of the adjudicated person,
24 and to each person designated under subsection (d) by a victim or by the
25 parent or legal guardian of a victim. If a test for HIV infection ordered
26 under this section results in a laboratory confirmation of HIV infection,
27 the results shall be reported to the secretary of health and environment
28 and to: (1) The secretary of social and rehabilitation services commissioner
29 of juvenile justice, in the case of a juvenile offender or a person not ad-
30 judicated because of mental disease or defect, for inclusion in such of-
31 fender's or person's medical file; or (2) the secretary of corrections, in
32 the case of a juvenile felon person under 16 years of age who has been
33 convicted as an adult, for inclusion in such juvenile felon's person's med-
34 ical file. The secretary of health and environment shall provide to each
35 victim of the crime or sexual act, at the option of such victim, counseling
36 regarding the human immunodeficiency virus, testing for HIV infection
37 in accordance with K.S.A. 65-6001 et seq. and amendments thereto and
38 referral for appropriate health care and services.
39 (f) The costs of any counseling and testing provided under subsection
40 (e) by the secretary of health and environment shall be paid from amounts
41 appropriated to the department of health and environment for that pur-
42 pose. The court shall order the adjudicated person to pay restitution to
43 the department of health and environment for the costs of any counseling
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1 provided under this section and the costs of any test ordered or otherwise
2 performed under this section.
3 (g) When a court orders an adjudicated person to submit to a test for
4 HIV infection under this section, the withdrawal of the blood may be
5 performed only by: (1) A person licensed to practice medicine and surgery
6 or a person acting under the supervision of any such licensed person; (2)
7 a licensed professional nurse or a licensed practical nurse; or (3) a qual-
8 ified medical technician. No person authorized by this subsection to with-
9 draw blood, no person assisting in the performance of the test for HIV
10 infection nor any medical care facility where blood is withdrawn or tested
11 that has been ordered by the court to withdraw or test blood shall be
12 liable in any civil or criminal action when the test is performed in a rea-
13 sonable manner according to generally accepted medical practices.
14 (h) The results of tests or reports, or information therein, obtained
15 under this section shall be confidential and shall not be divulged to any
16 person not authorized by this section to receive the results or information.
17 Any violation of this section is a Class C misdemeanor.
18 Sec. 77. On and after July 1, 1997, K.S.A. 38-16,111, as amended by
19 section 97 of chapter 229 of the 1996 session laws of Kansas, is hereby
20 amended to read as follows: 38-16,111. When a juvenile who is under 16
21 years of age at the time of the sentencing, has been prosecuted as an
22 adult or under the extended jurisdiction juvenile prosecution, and has
23 been placed in the custody of the secretary of the department of correc-
24 tions, the secretary shall notify the sheriff having such juvenile in custody
25 to convey such offender at a time designated by the juvenile justice au-
26 thority to a juvenile correctional facility. The commissioner shall notify
27 the court in writing of the initial placement of the juvenile in the specific
28 juvenile correctional facility as soon as the placement has been accom-
29 plished. The commissioner shall not permit the juvenile to remain de-
30 tained in any jail for more than 72 hours, excluding Saturdays, Sundays
31 and legal holidays, after the commissioner has received the written order
32 of the court placing the juvenile in the custody of the commissioner,
33 except that, if that placement cannot be accomplished, the juvenile may
34 remain in jail for an additional period of time, not exceeding 10 days,
35 which is specified by the commissioner and approved by the court.
36 Sec. 78. On and after January 1, 1998, K.S.A. 38-16,111, as amended
37 by section 77 of this act, is hereby amended to read as follows: 38-16,111.
38 When a juvenile who is under 16 years of age at the time of the sentenc-
39 ing, has been prosecuted as an adult or under the extended jurisdiction
40 juvenile prosecution, and has been placed in the custody of the secretary
41 of the department of corrections, the secretary shall notify the sheriff
42 having such juvenile in custody to convey such offender at a time desig-
43 nated by the juvenile justice authority to a juvenile correctional facility.
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1 The commissioner shall notify the court in writing of the initial placement
2 of the juvenile in the specific juvenile correctional facility as soon as the
3 placement has been accomplished. The commissioner shall not permit
4 the juvenile to remain detained in any jail for more than 72 hours, ex-
5 cluding Saturdays, Sundays and legal holidays, after the commissioner has
6 received the written order of the court placing the juvenile in the custody
7 of the commissioner, except that, if that placement cannot be accom-
8 plished, the juvenile may remain in jail for an additional period of time,
9 not exceeding 10 days, which is specified by the commissioner and ap-
10 proved by the court.
11 Sec. 79. On and after July 1, 1997, K.S.A. 1996 Supp. 38-16,126 is
12 hereby amended to read as follows: 38-16,126. On and after July 1, 1997
13 January 1, 1998:
14 (a) If an extended jurisdiction juvenile prosecution results in a guilty
15 plea or finding of guilt, the court shall:
16 (1) Impose one or more juvenile sentences under K.S.A. 38-1663,
17 and amendments thereto; and
18 (2) impose an adult criminal sentence, the execution of which shall
19 be stayed on the condition that the juvenile offender not violate the pro-
20 visions of the juvenile sentence and not commit a new offense.
21 (b) When it appears that a person convicted as an extended jurisdic-
22 tion juvenile has violated the conditions of the stayed adult juvenile sen-
23 tence or is alleged to have committed a new offense, the court, without
24 notice, may revoke the stay and probation and direct that the juvenile
25 offender be taken into immediate custody and deliver to the secretary of
26 corrections pursuant to K.S.A. 21-4621, and amendments thereto. The
27 court shall notify the juvenile offender and such juvenile offender's at-
28 torney of record, in writing by personal service, as provided in K.S.A. 60-
29 303, and amendments thereto, or certified mail, return receipt requested,
30 of the reasons alleged to exist for revocation of the stay of execution of
31 the adult sentence. If the juvenile offender challenges the reasons, the
32 court shall hold a hearing on the issue at which the juvenile offender is
33 entitled to be heard and represented by counsel. After the hearing, if the
34 court finds that reasons exist to revoke the stay of execution of the juvenile
35 sentence, the court shall treat the juvenile offender as an adult and order
36 any of the adult sanctions authorized by K.S.A. 21-4603d, and amend-
37 ments thereto. by substantial evidence that the juvenile has violated the
38 conditions of the juvenile sentence, the court shall revoke the juvenile
39 sentence and order the imposition of the adult sentence previously ordered
40 pursuant to subsection (a)(2). Upon such finding, the juvenile's extended
41 jurisdiction status is terminated, and juvenile court jurisdiction is termi-
42 nated. The ongoing jurisdiction for any adult sanction, other than the
43 commitment to the department of corrections, is with the adult court. Such
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1 juvenile offender shall be credited for time served in a juvenile correctional
2 or detention facility on the juvenile sentence as service on any authorized
3 adult sanction.
4 (c) Any juvenile who has been sentenced pursuant to subsection (a)
5 and is serving the juvenile sentence, upon becoming 18 years of age, such
6 juvenile is allowed a court hearing to review such juvenile sentence. If
7 such juvenile sentence is continued, the court shall set a date of further
8 review in no later than 36 months.
9 (d) This section shall be part of and supplemental to the Kansas ju-
10 venile justice code.
11 Sec. 80. On and after July 1, 1997, K.S.A. 1996 Supp. 38-16,128 is
12 hereby amended to read as follows: 38-16,128. (a) Except as provided in
13 subsection (b), a child's parent, parents or guardian shall be liable to repay
14 to the commissioner of juvenile justice, or any other person or entity who
15 provides services pursuant to a court order issued under the juvenile
16 justice code, any assistance expended on the child's behalf, regardless of
17 the specific program under which the assistance is or has been provided.
18 Such services shall include, but not be limited to, probation, conditional
19 release, aftercare supervision, case management and community correc-
20 tions. When more than one person is legally obligated to support the
21 child, liability to the commissioner or other person or entity shall be joint
22 and severable. The commissioner or other person or entity shall have the
23 power and authority to file a civil action in the name of the commissioner
24 or other person or entity for repayment of the assistance, regardless of
25 the existence of any other action involving the support of the child.
26 (b) With respect to an individual parent or guardian, the provisions
27 of subsection (a) shall not apply to:
28 (1) Assistance provided on behalf of any person other than the child
29 of the parent or guardian;
30 (2) assistance provided during a month in which the needs of the
31 parent or guardian were included in the assistance provided to the child;
32 or
33 (3) assistance provided during a month in which the parent or guard-
34 ian has fully complied with the terms of an order of support for the child,
35 if a court of competent jurisdiction has considered the issue of support.
36 For the purposes of this subsection, if an order is silent on the issue of
37 support, it shall not be presumed that the court has considered the issue
38 of support. Amounts paid for a particular month pursuant to a judgment
39 under this section shall be credited against the amount accruing for the
40 same month under any other order of support for the child, up to the
41 amount of the current support obligation for that month.
42 (c) When the assistance provided during a month is on behalf of more
43 than one person, the amount of assistance provided on behalf of one
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1 person for that month shall be determined by dividing the total assistance
2 by the number of people on whose behalf assistance was provided.
3 (d) Actions authorized herein are in addition to and not in substitu-
4 tion for any other remedies.
5 Sec. 81. On and after July 1, 1997, K.S.A. 1996 Supp. 38-1808 is
6 hereby amended to read as follows: 38-1808. (a) There is hereby estab-
7 lished in the state treasury the family and children investment fund, to
8 be administered by the board of directors of the corporation for change.
9 On and after July 1, 1997, such fund shall be administered as provided
10 in this section.
11 (b) (1) Moneys in the family and children investment fund shall be
12 expended for: (A) Furthering the purposes of the corporation for change;
13 (B) review and evaluation of progress in implementing the blueprint for
14 investment in Kansas children and their families of 1991 special commit-
15 tee on children's initiatives; (C) purposes which further implementation
16 of a comprehensive, coordinated strategy for investment in Kansas chil-
17 dren and their families; and (D) such other purposes as provided by law.
18 (2) There shall be credited to such the family and children investment
19 fund appropriations, gifts, grants, contributions, matching funds and par-
20 ticipant payments.
21 (3) All expenditures from the fund shall be made in accordance with
22 appropriation acts upon warrants of the director of accounts and reports
23 issued pursuant to vouchers approved by the chairperson of the board of
24 directors of the corporation for change or a person designated by the
25 chairperson.
26 (c) (1) There is hereby created the family and children trust account
27 in the family and children investment fund. The secretary of social and
28 rehabilitation services shall administer this account.
29 (2) Moneys credited to the family and children trust account shall be
30 used for the following purposes: (A) Matching federal moneys to purchase
31 services relating to community-based programs for the broad range of
32 child abuse and neglect prevention activities; (B) providing start-up or
33 expansion grants for community-based prevention projects for the broad
34 range of child abuse and neglect prevention activities; (C) studying and
35 evaluating community-based prevention projects for the broad range of
36 child abuse and neglect prevention activities; (D) preparing, publishing,
37 purchasing and disseminating educational material dealing with the broad
38 range of child abuse and neglect prevention activities; and (E) payment
39 of the salary and actual and necessary travel expenses of the coordinator
40 employed by the corporation for change for the children and youth ad-
41 vocacy committee; and (F) payment of administrative costs of the family
42 and children trust account and of the children and youth advocacy com-
43 mittee, including amounts provided by subsection (c) of K.S.A. 38-1805
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1 and amendments thereto advisory committee on children and families
2 established pursuant to section 34, and amendments thereto. No moneys
3 in the family and children trust account shall be used for the purpose of
4 providing services for the voluntary termination of pregnancy.
5 (3) The children and youth advocacy committee of the corporation
6 for change shall advise the board of directors in detail on the expenditures
7 of moneys in the family and children trust account. Expenditures from
8 the family and children trust account shall be subject to the approval of
9 the advisory committee on children and families established pursuant to
10 section 34, and amendments thereto. All expenditures from the account
11 shall be made in accordance with appropriation acts upon warrants of
12 the director of accounts and reports issued pursuant to vouchers approved
13 by the secretary of social and rehabilitation services or a person desig-
14 nated by the secretary.
15 (d) (1) There is hereby created the permanent families account in
16 the family and children investment fund. The judicial administrator of
17 the courts shall administer this account.
18 (2) Moneys credited to the permanent families account shall be used
19 for the following purposes: (A) Not more than 12% of the amount cred-
20 ited to the account during the fiscal year may be used to provide technical
21 assistance to district courts or local groups wanting to establish a local
22 citizen review board or a court-appointed special advocate program, in-
23 cluding but not limited to such staff as necessary to provide such assis-
24 tance, and to provide services necessary for the administration of such
25 board or program, including but not limited to grants administration,
26 accounting, data collection, report writing and training of local citizen
27 review board staff; (B) grants to court-appointed special advocate pro-
28 grams, upon application approved by the administrative judge of the ju-
29 dicial district where the program is located; and (C) grants to district
30 courts, upon application of the administrative judge of the judicial district,
31 for expenses of establishment, operation and evaluation of local citizen
32 review boards in the judicial district, including costs of: (i) Employing
33 local citizen review board coordinators and clerical staff; (ii) telephone,
34 photocopying and office equipment and supplies for which there are
35 shown to be no local funds available; (iii) mileage of staff and board mem-
36 bers; and (iv) training staff and board members.
37 (3) In addition to the other duties and powers provided by law, in
38 administering the permanent families account, the judicial administrator
39 shall:
40 (A) Accept and receive grants, loans, gifts or donations from any pub-
41 lic or private entity in support of programs administered by the judicial
42 administrator and assist in the development of supplemental funding
43 sources for local and state programs;
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1 (B) consider applications for and make such grants from the perma-
2 nent families account as authorized by law; and
3 (C) receive reports from local citizen review boards established pur-
4 suant to K.S.A. 38-1812, and amendments thereto, regarding the status
5 of children under the supervision of the district courts and regarding
6 systemic barriers to permanence for children, assure that appropriate
7 data is maintained regularly and compiled at least once a year by such
8 boards on all cases reviewed and assure that the effectiveness of such
9 boards is evaluated on an ongoing basis, using, where possible, random
10 selection of local citizen review boards and cases for the evaluation and
11 including client outcome data to determine effectiveness.
12 (4) All expenditures from the account shall be made in accordance
13 with appropriation acts upon warrants of the director of accounts and
14 reports issued pursuant to vouchers approved by the judicial administra-
15 tor or a person designated by the judicial administrator.
16 (e) On or before the 10th of each month, the director of accounts
17 and reports shall transfer from the state general fund to the family and
18 children investment fund interest earnings based on:
19 (1) The average daily balance of moneys in the family and children
20 investment fund for the preceding month; and
21 (2) the net earnings rate of the pooled money investment portfolio
22 for the preceding month.
23 Sec. 82. On and after July 1, 1997, K.S.A. 1996 Supp. 40-1909 is
24 hereby amended to read as follows: 40-1909. (a) Such corporations shall
25 be subject to the provisions of the Kansas general corporation code, ar-
26 ticles 60 to 74, inclusive, of chapter 17 of the Kansas Statutes Annotated,
27 applicable to nonprofit corporations, to the provisions of K.S.A. 40-214,
28 40-215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-226,
29 40-229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249,
30 40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103,
31 40-2,104, 40-2,105, 40-2,114, 40-2,116, 40-2,117, 40-2a01 to 40-2a19, in-
32 clusive, 40-2216 to 40-2221, inclusive, 40-2229, 40-2230, 40-2250, 40-
33 2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, 40-3301 to 40-
34 3313, inclusive, and amendments thereto, and to the provisions of K.S.A.
35 1996 Supp. 40-2,153 and, 40-2,154, and amendments thereto, and K.S.A.
36 1996 Supp. 40-2,160 and 40-2,161, and amendments thereto, except as
37 the context otherwise requires, and shall not be subject to any other pro-
38 visions of the insurance code except as expressly provided in this act.
39 (b) No policy, agreement, contract or certificate issued by a corpo-
40 ration to which this section applies shall contain a provision which ex-
41 cludes, limits or otherwise restricts coverage because medicaid benefits
42 as permitted by title XIX of the social security act of 1965 are or may be
43 available for the same accident or illness.
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1 (c) Violation of subsection (b) shall be subject to the penalties pre-
2 scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
3 Sec. 83. On and after July 1, 1997, K.S.A. 1996 Supp. 40-19c09 is
4 hereby amended to read as follows: 40-19c09. (a) Corporations organized
5 under the nonprofit medical and hospital service corporation act shall be
6 subject to the provisions of the Kansas general corporation code, articles
7 60 to 74, inclusive, of chapter 17 of the Kansas Statutes Annotated, ap-
8 plicable to nonprofit corporations, to the provisions of K.S.A. 40-214, 40-
9 215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-
10 229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249,
11 40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103,
12 40-2,104, 40-2,105, 40-2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40-
13 2116, inclusive, 40-2215 to 40-2220, inclusive, 40-2221a, 40-2221b, 40-
14 2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254, 40-2401 to 40-2421,
15 inclusive, and 40-3301 to 40-3313, inclusive, and amendments thereto,
16 and to the provisions of K.S.A. 1996 Supp. 40-2,153 and, 40-2,154, and
17 amendments thereto, and K.S.A. 1996 Supp. 40-2,160 and 40-2,161, and
18 amendments thereto, except as the context otherwise requires, and shall
19 not be subject to any other provisions of the insurance code except as
20 expressly provided in this act.
21 (b) No policy, agreement, contract or certificate issued by a corpo-
22 ration to which this section applies shall contain a provision which ex-
23 cludes, limits or otherwise restricts coverage because medicaid benefits
24 as permitted by title XIX of the social security act of 1965 are or may be
25 available for the same accident or illness.
26 (c) Violation of subsection (b) shall be subject to the penalties pre-
27 scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto.
28 Sec. 84. On and after July 1, 1997, K.S.A. 72-978, as amended by
29 section 120 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
30 amended to read as follows: 72-978. (a) (1) In each school year, in accor-
31 dance with appropriations for special education services provided under
32 this act, each school district which has provided special education services
33 in compliance with the requirements of the state plan and the provisions
34 of this act shall be entitled to receive:
35 (A) Reimbursement for actual travel allowances paid to special teach-
36 ers at not to exceed the rate specified under K.S.A. 75-3203, and amend-
37 ments thereto, for each mile actually traveled during the school year in
38 connection with duties in providing special education services for excep-
39 tional children; such reimbursement shall be computed by the state board
40 by ascertaining the actual travel allowances paid to special teachers by
41 the school district for the school year and shall be in an amount equal to
42 80% of such actual travel allowances;
43 (B) reimbursement in an amount equal to 80% of the actual travel
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1 expenses incurred for providing transportation for exceptional children to
2 special education services; such reimbursement shall not be paid if such
3 child has been counted in determining the transportation weighting of
4 the district under the provisions of the school district finance and quality
5 performance act;
6 (C) reimbursement in an amount equal to 80% of the actual expenses
7 incurred for the maintenance of an exceptional child at some place other
8 than the residence of such child for the purpose of providing special
9 education services; such reimbursement shall not exceed $600 per excep-
10 tional child per school year; and
11 (D) after subtracting the amounts of reimbursement under (A), (B)
12 and (C) from the total amount appropriated for special education services
13 under this act, an amount which bears the same proportion to the re-
14 maining amount appropriated as the number of full-time equivalent spe-
15 cial teachers employed by the school district for approved special edu-
16 cation services bears to the total number of full-time equivalent special
17 teachers employed by all school districts for approved special education
18 services.
19 (2) Each special teacher who is a paraprofessional shall be counted
20 as 2/5 full-time equivalent special teacher.
21 (b) (1) No special teacher in excess of the number of special teachers
22 necessary to comply with the ratio of special teacher to exceptional chil-
23 dren prescribed by the state board for the school district shall be counted
24 in making computations under this section.
25 (2) No time spent by a special teacher in connection with duties per-
26 formed under a contract entered into by the Atchison juvenile correc-
27 tional facility at Atchison, the Beloit juvenile correctional facility at Beloit,
28 the Larned juvenile correctional facility or the Topeka juvenile correc-
29 tional facility at Topeka and a school district for the provision of special
30 education services by such state institution shall be counted in making
31 computations under this section.
32 Sec. 85. On and after July 1, 1997, K.S.A. 1996 Supp. 72-89a02 is
33 hereby amended to read as follows: 72-89a02. (a) Notwithstanding the
34 provisions of subsection (a) of K.S.A. 72-8902, and amendments thereto,
35 and subject to the other provisions of this section, each board of education
36 in this state shall adopt a written policy requiring the expulsion from
37 school for a period of not less than one year any pupil determined to be
38 in possession of a weapon at school, on school property, or at a school
39 supervised activity. The policy shall be filed with the state board of ed-
40 ucation in such manner as the state board shall require and at a time to
41 be determined and specified by the state board.
42 (b) To the extent that the provisions contained in article 89 of chapter
43 72 of Kansas Statutes Annotated do not conflict with the requirements
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1 of this act, such provisions shall apply to and be incorporated in the policy
2 required to be adopted under subsection (a).
3 (c) If a pupil required to be expelled pursuant to a policy adopted
4 under subsection (a) is confined in the custody of the secretary of social
5 and rehabilitation services, the commissioner of juvenile justice or the
6 secretary of corrections as a result of the violation upon which the ex-
7 pulsion is to be based, the hearing required under the provisions of article
8 89 of chapter 72 of Kansas Statutes Annotated shall be delayed until the
9 pupil is released from custody.
10 (d) A hearing afforded a pupil required to be expelled pursuant to a
11 policy adopted under subsection (a) shall be conducted by the chief ad-
12 ministrative officer or other certificated employee of the school in which
13 the pupil is enrolled, by any committee of certificated employees of the
14 school in which the pupil is enrolled, or by a hearing officer appointed
15 by the board of education of the school in which the pupil is enrolled.
16 (e) The chief administrative officer of the school in which a pupil
17 required to be expelled pursuant to a policy adopted under subsection
18 (a) is enrolled may modify the expulsion requirement in a manner which
19 is consistent with the requirements of federal law. Nothing in this sub-
20 section shall be applied or construed in any manner so as to require the
21 chief administrative officer of a school to modify the expulsion require-
22 ment of a policy adopted by a board of education pursuant to the provi-
23 sions of subsection (a).
24 (f) The policy adopted by a board of education under subsection (a)
25 shall contain a procedure for the referral of any pupil determined to be
26 in possession of a weapon at school, on school property, or at a school
27 supervised activity to the appropriate state and local law enforcement
28 agencies and, if the pupil is a juvenile, to the secretary of social and
29 rehabilitation services or the commissioner of juvenile justice.
30 (g) Each board of education shall prepare an annual report on a form
31 prescribed and furnished by the state board of education that contains a
32 description of the circumstances surrounding any expulsions imposed on
33 pupils pursuant to a policy adopted under subsection (a), including the
34 name of the school or schools concerned, the number of pupils expelled,
35 and the type of weapons concerned. The report shall be submitted to the
36 state board of education in such manner as the state board shall require
37 and at a time to be determined and specified by the state board.
38 (h) The provisions of this section do not apply to the possession by
39 pupils of weapons at school, on school property, or at a school supervised
40 activity if the possession of weapons by pupils is connected with a weapons
41 safety course of instruction or a weapons education course approved and
42 authorized by the school or if the possession of weapons by pupils is
43 specifically authorized in writing by the chief administrative officer of the
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1 school.
2 Sec. 86. On and after July 1, 1997, K.S.A. 1996 Supp. 74-8810 is
3 hereby amended to read as follows: 74-8810. (a) It is a class A nonperson
4 misdemeanor for any person to have a financial interest, directly or in-
5 directly, in any racetrack facility within the state of Kansas or in any host
6 facility for a simulcast race displayed in this state:
7 (1) While such person is a member of the commission or during the
8 five years immediately following such person's term as member of the
9 commission; or
10 (2) while such person is an officer, director or member of an organ-
11 ization licensee, other than a fair association or horsemen's nonprofit or-
12 ganization, or during the five years immediately following the time such
13 person is an officer, director or member of such an organization licensee.
14 (b) It is a class A nonperson misdemeanor for any member, employee
15 or appointee of the commission, including stewards and racing judges, to
16 knowingly:
17 (1) Participate in the operation of or have a financial interest in any
18 business which has been issued a concessionaire license, racing or wa-
19 gering equipment or services license, facility owner license or facility
20 manager license, or any business which sells goods or services to an or-
21 ganization licensee;
22 (2) participate directly or indirectly as an owner, owner-trainer or
23 trainer of a horse or greyhound, or as a jockey of a horse, entered in a
24 race meeting conducted in this state;
25 (3) place a wager on an entry in a horse or greyhound race conducted
26 by an organization licensee; or
27 (4) accept any compensation, gift, loan, entertainment, favor or serv-
28 ice from any licensee, except such suitable facilities and services within a
29 racetrack facility operated by an organization licensee as may be required
30 to facilitate the performance of the member's, employee's or appointee's
31 official duties.
32 (c) It is a class A nonperson misdemeanor for any member, employee
33 or appointee of the commission, or any spouse, parent, grandparent,
34 brother, sister, child, son-in-law, daughter-in-law, grandchild, uncle, aunt,
35 parent-in-law, brother-in-law or sister-in-law thereof, to:
36 (1) Hold any license issued by the commission, except that a steward
37 or racing judge shall hold an occupation license to be such a steward or
38 judge; or
39 (2) enter into any business dealing, venture or contract with an owner
40 or lessee of a racetrack facility in Kansas.
41 (d) It is a class A nonperson misdemeanor for any officer, director or
42 member of an organization licensee, other than a fair association or hor-
43 semen's nonprofit organization, to:
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1 (1) Receive, for duties performed as an officer or director of such
2 licensee, any compensation or reimbursement or payment of expenses in
3 excess of the amounts provided by K.S.A. 75-3223 and amendments
4 thereto for board members' compensation, mileage and expenses; or
5 (2) enter into any business dealing, venture or contract with the or-
6 ganization licensee or, other than in the capacity of an officer or director
7 of the organization licensee, with a facility owner licensee, facility man-
8 ager licensee, racing or wagering equipment or services license or con-
9 cessionaire licensee, or with any host facility for a simulcast race displayed
10 in this state.
11 (e) It is a class A nonperson misdemeanor for any facility owner li-
12 censee or facility manager licensee, other than a horsemen's association,
13 or any officer, director, employee, stockholder or shareholder thereof or
14 any person having an ownership interest therein, to participate directly
15 or indirectly as an owner, owner-trainer or trainer of a horse or grey-
16 hound, or as a jockey of a horse, entered in a live race conducted in this
17 state.
18 (f) It is a class A nonperson misdemeanor for any licensee of the
19 commission, or any person who is an officer, director, member or em-
20 ployee of a licensee, to place a wager at a racetrack facility located in
21 Kansas on an entry in a horse or greyhound race if:
22 (1) The commission has by rules and regulations designated such per-
23 son's position as a position which could influence the outcome of such
24 race or the parimutuel wagering thereon; and
25 (2) such race is conducted at or simulcast to the racetrack facility
26 where the licensee is authorized to engage in licensed activities.
27 (g) It is a class B nonperson misdemeanor for any person to use any
28 animal or fowl in the training or racing of racing greyhounds.
29 (h) It is a class A nonperson misdemeanor for any person to:
30 (1) Sell a parimutuel ticket or an interest in such a ticket to a person
31 knowing such person to be under 18 years of age, upon conviction of the
32 first offense;
33 (2) accept, transmit or deliver, from a person outside a racetrack fa-
34 cility, anything of value to be wagered in any parimutuel system of wa-
35 gering within a racetrack facility, upon conviction of the first offense;
36 (3) administer or conspire to administer any drug or medication to a
37 horse or greyhound within the confines of a racetrack facility in violation
38 of rules and regulations of the commission, upon conviction of the first
39 offense;
40 (4) possess or conspire to possess, within the confines of a racetrack
41 facility, any drug or medication for administration to a horse or greyhound
42 in violation of rules and regulations of the commission, upon conviction
43 of the first offense;
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1 (5) possess or conspire to possess, within the confines of a racetrack
2 facility, equipment for administering drugs or medications to horses or
3 greyhounds in violation of rules and regulations of the commission, upon
4 conviction of the first offense;
5 (6) enter any horse or greyhound in any race knowing such horse or
6 greyhound to be ineligible to compete in such race pursuant to K.S.A.
7 74-8812 and amendments thereto; or
8 (7) prepare or cause to be prepared an application for registration of
9 a horse pursuant to K.S.A. 74-8830 and amendments thereto knowing
10 that such application contains false information.
11 (i) It is a severity level 8, nonperson felony for any person to:
12 (1) Sell a parimutuel ticket or an interest in such a ticket to a person
13 knowing such person to be under 18 years of age, upon conviction of the
14 second or a subsequent offense;
15 (2) accept, transmit or deliver, from any person outside a racetrack
16 facility, anything of value to be wagered in any parimutuel system of
17 wagering within a racetrack facility, upon the second or a subsequent
18 conviction;
19 (3) conduct or assist in the conduct of a horse or greyhound race, or
20 the display of a simulcast race, where the parimutuel system of wagering
21 is used or is intended to be used and where no license has been issued
22 to an organization to conduct or simulcast such race;
23 (4) enter any horse or greyhound in any race conducted by an organ-
24 ization licensee knowing that the class or grade in which such horse or
25 greyhound is entered is not the true class or grade or knowing that the
26 name under which such horse or greyhound is entered is not the name
27 under which such horse or greyhound has been registered and has pub-
28 licly performed;
29 (5) use or conspire to use any device, other than an ordinary whip for
30 horses or a mechanical lure for greyhounds, for the purpose of affecting
31 the speed of any horse or greyhound at any time during a race conducted
32 by an organization licensee;
33 (6) possess or conspire to possess, within the confines of a racetrack
34 facility, any device, other than an ordinary whip for horses or a mechanical
35 lure for greyhounds, designed or intended to affect the speed of a horse
36 or greyhound;
37 (7) administer or conspire to administer any drug or medication to a
38 horse or greyhound within the confines of a racetrack facility in violation
39 of rules and regulations of the commission, upon conviction of the second
40 or a subsequent offense;
41 (8) possess or conspire to possess, within the confines of a racetrack
42 facility, any drug or medication for administration to a horse or greyhound
43 in violation of rules and regulations of the commission, upon conviction
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1 of the second or a subsequent offense;
2 (9) possess or conspire to possess, within the confines of a racetrack
3 facility, equipment for administering drugs or medications to horses or
4 greyhounds in violation of rules and regulations of the commission, upon
5 conviction of the second or a subsequent offense;
6 (10) sponge the nostrils or windpipe of a horse for the purpose of
7 stimulating or depressing such horse or affecting its speed at any time
8 during a race meeting conducted by an organization licensee;
9 (11) alter or attempt to alter the natural outcome of any race con-
10 ducted by, or any simulcast race displayed by, an organization licensee or
11 transmit or receive an altered race or delayed broadcast race if parimutuel
12 wagering is conducted or solicited after off time of the race;
13 (12) influence or attempt to influence, by the payment or promise of
14 payment of money or other valuable consideration, any person to alter
15 the natural outcome of any race conducted by, or any simulcast race
16 displayed by, an organization licensee;
17 (13) influence or attempt to influence any member, employee or ap-
18 pointee of the commission, by the payment or promise of payment of
19 money or other valuable consideration, in the performance of any official
20 duty of that member, employee or appointee;
21 (14) fail to report to the commission or to one of its employees or
22 appointees knowledge of any violation of this act by another person for
23 the purpose of stimulating or depressing any horse or greyhound, or af-
24 fecting its speed, at any time during any race conducted by an organiza-
25 tion licensee;
26 (15) commit any of the following acts with respect to the prior racing
27 record, pedigree, identity or ownership of a registered horse or greyhound
28 in any matter related to the breeding, buying, selling or racing of the
29 animal: (A) Falsify, conceal or cover up, by any trick, scheme or device,
30 a material fact; (B) make any false, fictitious or fraudulent statement or
31 representation; or (C) make or use any false writing or document knowing
32 that it contains any false, fictitious or fraudulent statement or entry; or
33 (16) pass or attempt to pass, cash or attempt to cash any altered or
34 forged parimutuel ticket knowing it to have been altered or forged.
35 (j) No person less than 18 years of age shall purchase a parimutuel
36 ticket or an interest in such a ticket. Any person violating this subsection
37 shall be subject to adjudication as a juvenile offender pursuant to the
38 Kansas juvenile offenders justice code.
39 Sec. 87. On and after July 1, 1997, K.S.A. 1995 Supp. 74-9501, as
40 amended by section 127 of chapter 229 of the 1996 Session Laws of
41 Kansas, is hereby amended to read as follows: 74-9501. (a) There is
42 hereby established the Kansas criminal justice coordinating council.
43 (b) The council shall consist of the governor or designee, the chief
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1 justice of the supreme court or designee, the attorney general or designee,
2 the secretary of corrections, the secretary of social and rehabilitation serv-
3 ices, the commissioner of juvenile justice and the director of the Kansas
4 bureau of investigation.
5 (c) The director and all existing employees of the Kansas sentencing
6 commission shall serve as staff to the Kansas criminal justice coordinating
7 council, while continuing to serve at the will of the Kansas sentencing
8 commission pursuant to K.S.A. 74-9103 and amendments thereto in the
9 performance of its duties as outlined in K.S.A. 74-9101, 74-9106 and 21-
10 4725 and amendments thereto. The director shall attend all meetings of
11 the council, be responsible for keeping a record of council meetings,
12 prepare reports of the council and perform such other duties as directed
13 by the council.
14 (d) The council shall elect a chairperson and vice-chairperson from
15 among the members of the council.
16 (e) The council shall:
17 (1) Define and analyze issues and processes in the criminal justice
18 system, identify alternative solutions and make recommendations for im-
19 provements;
20 (2) perform such criminal justice studies or tasks as requested by the
21 governor, the legislature or the chief justice, as deemed appropriate or
22 feasible by the council;
23 (3) oversee development and management of a criminal justice da-
24 tabase including assuming the designation and functions of the state sta-
25 tistical analysis center currently assigned to the Kansas bureau of inves-
26 tigation pursuant to K.S.A. 75-712a and amendments thereto. All criminal
27 justice agencies as defined in subsection (c) of K.S.A. 22-4701 and amend-
28 ments thereto and the department of social and rehabilitation services
29 shall provide any data or information, including juvenile offender infor-
30 mation which is requested by the council, in a form and manner estab-
31 lished by the council, in order to facilitate the development and manage-
32 ment of the criminal justice council database; and
33 (4) develop and oversee reporting of all criminal justice federal fund-
34 ing available to the state or local units of government including assuming
35 the designation and functions of administering the United States bureau
36 of justice assistance grants currently administered through the law en-
37 forcement antidrug abuse program of the department of administration.
38 On the effective date of this act any bureau of justice assistance antidrug
39 abuse federal fund balances in any account and all unclassified positions
40 authorized for the law enforcement antidrug abuse program of the de-
41 partment of administration shall be transferred to and budgeted with the
42 Kansas sentencing commission.
43 (f) The council shall appoint a standing local government advisory
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1 group to consult and advise the council concerning local government
2 criminal justice issues and the impact of state criminal justice policy and
3 decisions on local units of government. The advisory group shall consist
4 of a sheriff, chief of police, county or district attorney, city governing body
5 and a county commissioner. Appointees to such advisory group shall serve
6 without compensation or reimbursement for travel and subsistence or any
7 other expenses.
8 (g) The council shall form a task force to study and develop policies
9 and recommendations regarding the juvenile justice system, including
10 issues of jurisdiction, placement, intake and assessment processes, dis-
11 positional alternatives, financing strategies, availability of mental health
12 services and work processes and case loads of social workers and court
13 services officers, the implications of a youth authority and any other issues
14 affecting children in need of care as defined in K.S.A. 38-1501 et seq.
15 and juvenile offenders as defined in K.S.A. 38-1601 et seq. and amend-
16 ments thereto. The task force shall consist of the following members:
17 Executive director of the corporation for change or designee, chair of the
18 advisory committee on juvenile offender programs or designee, commis-
19 sioner of youth services of the department of social and rehabilitation
20 services or designee; additional members to be selected by the council
21 shall include a director of a community corrections program, a juvenile
22 judge, a prosecuting attorney, an attorney who represents juveniles, a
23 deputy secretary of corrections, a court services officer, and a sheriff or
24 chief of police. The corporation for change and the division of youth
25 services of the state department of social and rehabilitation services shall
26 each assign one full-time equivalent staff member to the council or, in
27 the case of the corporation for change, the equivalent of such by more
28 than one staff member or other, for a period of one year, which staff shall
29 be approved by the council and perform duties as assigned by and func-
30 tion under the direction of the executive director of the staff of the coun-
31 cil, while continuing to be compensated by the agency by which em-
32 ployed. The task force shall submit a preliminary report to the council,
33 and the council shall report to the chairperson of the senate and house
34 committee on judiciary during the interim session of the 1995 legislature.
35 A final report shall be submitted to the legislature on or before February
36 1, 1995. The task force shall cease to exist on June 30, 1995.
37 (h) (g) The council shall form a task force to study the consolidation
38 of probation, parole and community corrections services.
39 (i) (h) When analyzing criminal justice issues and performing criminal
40 justice studies, the council shall form such task groups as necessary and
41 shall appoint individuals who appropriately represent law enforcement,
42 the judiciary, legal profession, state, local, or federal government, the
43 public, or other professions or groups as determined by the council, to
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1 represent the various aspects of the issue being analyzed or studied.
2 Members of the legislature may be appointed ex officio members to such
3 task groups. A member of the council shall serve as the chairperson of
4 each task group appointed by the council. The council may appoint other
5 members of the council to any task group formed by the council.
6 (j) (i) The council shall review reports submitted by each task group
7 named by the council and shall submit the report with the council's rec-
8 ommendations pertaining thereto to the governor, chief justice of the
9 supreme court, the chief clerk of the house of representatives and the
10 secretary of the senate.
11 Sec. 88. On and after July 1, 1997, K.S.A. 1996 Supp. 75-2935 is
12 hereby amended to read as follows: 75-2935. The civil service of the state
13 of Kansas is hereby divided into the unclassified and the classified serv-
14 ices.
15 (1) The unclassified service comprises positions held by state officers
16 or employees who are:
17 (a) Chosen by election or appointment to fill an elective office;
18 (b) members of boards and commissions, heads of departments re-
19 quired by law to be appointed by the governor or by other elective offi-
20 cers, and the executive or administrative heads of offices, departments,
21 divisions and institutions specifically established by law;
22 (c) except as otherwise provided under this section, one personal sec-
23 retary to each elective officer of this state, and in addition thereto, 10
24 deputies, clerks or employees designated by such elective officer;
25 (d) all employees in the office of the governor;
26 (e) officers and employees of the senate and house of representatives
27 of the legislature and of the legislative coordinating council and all officers
28 and employees of the office of revisor of statutes, of the legislative re-
29 search department, of the division of legislative administrative services,
30 of the division of post audit and the legislative counsel;
31 (f) chancellor, president, deans, administrative officers, student
32 health service physicians, pharmacists, teaching and research personnel,
33 health care employees and student employees in the institutions under
34 the state board of regents, the executive officer of the board of regents
35 and the executive officer's employees other than clerical employees, and,
36 at the discretion of the state board of regents, directors or administrative
37 officers of departments and divisions of the institution and county exten-
38 sion agents, except that this subsection (1)(f) shall not be construed to
39 include the custodial, clerical or maintenance employees, or any employ-
40 ees performing duties in connection with the business operations of any
41 such institution, except administrative officers and directors; as used in
42 this subsection (1)(f), ``health care employees'' means employees of the
43 university of Kansas medical center who provide health care services at
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1 the university of Kansas medical center and who are medical technicians
2 or technologists or respiratory therapists, who are licensed professional
3 nurses or licensed practical nurses, or who are in job classes which are
4 designated for this purpose by the chancellor of the university of Kansas
5 upon a finding by the chancellor that such designation is required for the
6 university of Kansas medical center to recruit or retain personnel for
7 positions in the designated job classes; and employees of any institution
8 under the state board of regents who are medical technologists;
9 (g) operations, maintenance and security personnel employed to im-
10 plement agreements entered into by the adjutant general and the federal
11 national guard bureau, and officers and enlisted persons in the national
12 guard and the naval militia;
13 (h) persons engaged in public work for the state but employed by
14 contractors when the performance of such contract is authorized by the
15 legislature or other competent authority;
16 (i) persons temporarily employed or designated by the legislature or
17 by a legislative committee or commission or other competent authority
18 to make or conduct a special inquiry, investigation, examination or in-
19 stallation;
20 (j) officers and employees in the office of the attorney general and
21 special counsel to state departments appointed by the attorney general,
22 except that officers and employees of the division of the Kansas bureau
23 of investigation shall be in the classified or unclassified service as provided
24 in K.S.A. 75-711 and amendments thereto;
25 (k) all employees of courts;
26 (l) client, patient and inmate help in any state facility or institution;
27 (m) all attorneys for boards, commissions and departments;
28 (n) the secretary and assistant secretary of the Kansas state historical
29 society;
30 (o) physician specialists, dentists, dental hygienists, pharmacists,
31 medical technologists and long term care workers employed by the de-
32 partment of social and rehabilitation services;
33 (p) physician specialists, dentists and medical technologists employed
34 by any board, commission or department or by any institution under the
35 jurisdiction thereof;
36 (q) student employees enrolled in public institutions of higher learn-
37 ing;
38 (r) administrative officers, directors and teaching personnel of the
39 state board of education and the state department of education and of
40 any institution under the supervision and control of the state board of
41 education, except that this subsection (1)(r) shall not be construed to
42 include the custodial, clerical or maintenance employees, or any employ-
43 ees performing duties in connection with the business operations of any
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1 such institution, except administrative officers and directors;
2 (s) all officers and employees in the office of the secretary of state;
3 (t) one personal secretary and one special assistant to the following:
4 The secretary of administration, the secretary of aging, the secretary of
5 agriculture, the secretary of commerce and housing, the secretary of cor-
6 rections, the secretary of health and environment, the superintendent of
7 the Kansas highway patrol, the secretary of human resources, the secre-
8 tary of revenue, the secretary of social and rehabilitation services, the
9 secretary of transportation and the secretary of wildlife and parks;
10 (u) one personal secretary and one special assistant to the chancellor
11 and presidents of institutions under the state board of regents;
12 (v) one personal secretary and one special assistant to the executive
13 vice chancellor of the university of Kansas medical center;
14 (w) one public information officer and one chief attorney for the fol-
15 lowing: The department of administration, the department on aging, the
16 department of agriculture, the department of commerce and housing, the
17 department of corrections, the department of health and environment,
18 the department of human resources, the department of revenue, the de-
19 partment of social and rehabilitation services, the department of trans-
20 portation and the Kansas department of wildlife and parks;
21 (x) civil service examination monitors;
22 (y) one executive director, one general counsel and one director of
23 public affairs and consumer protection in the office of the state corpo-
24 ration commission;
25 (z) specifically designated by law as being in the unclassified service;
26 and
27 (aa) all officers and employees of Kansas, Inc., and the Kansas tech-
28 nology enterprise corporation and the corporation for change.
29 (2) The classified service comprises all positions now existing or here-
30 after created which are not included in the unclassified service. Appoint-
31 ments in the classified service shall be made according to merit and fitness
32 from eligible pools which so far as practicable shall be competitive. No
33 person shall be appointed, promoted, reduced or discharged as an officer,
34 clerk, employee or laborer in the classified service in any manner or by
35 any means other than those prescribed in the Kansas civil service act and
36 the rules adopted in accordance therewith.
37 (3) For positions involving unskilled, or semiskilled duties, the sec-
38 retary of administration, as provided by law, shall establish rules and reg-
39 ulations concerning certifications, appointments, layoffs and reemploy-
40 ment which may be different from the rules and regulations established
41 concerning these processes for other positions in the classified service.
42 (4) Officers authorized by law to make appointments to positions in
43 the unclassified service, and appointing officers of departments or insti-
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1 tutions whose employees are exempt from the provisions of the Kansas
2 civil service act because of the constitutional status of such departments
3 or institutions shall be permitted to make appointments from appropriate
4 pools of eligibles maintained by the division of personnel services.
5 Sec. 89. On and after July 1, 1997, K.S.A. 1996 Supp. 75-2935b is
6 hereby amended to read as follows: 75-2935b. Salaries and other com-
7 pensation of all persons who are within the unclassified service of the
8 Kansas civil service act, and which salaries and other compensation are
9 not fixed by statute, shall be subject to the approval of the governor and
10 such salaries or other compensation shall not be paid until approved by
11 the governor. The provisions of this section shall not apply to the salaries
12 and other compensation of any officer or employee when such salary or
13 other compensation is specifically prescribed by law, nor to officers and
14 employees of elected state officials, officers and employees under the
15 jurisdiction of the state board of regents, the executive secretary and other
16 employees of the Kansas public employees retirement system that are in
17 the unclassified service as specified under K.S.A. 74-4908 and amend-
18 ments thereto, officers and employees of Kansas, Inc., and the Kansas
19 technology enterprise corporation and the Kansas corporation for change,
20 officers and employees under the jurisdiction of the supreme court, leg-
21 islative officers and employees or officers and employees of any agency
22 performing functions and duties primarily for the legislative branch.
23 Sec. 90. On and after July 1, 1997, K.S.A. 75-5291 is hereby
24 amended to read as follows: 75-5291. The secretary of corrections may
25 make grants to counties for the development, implementation, operation
26 and improvement of community correctional services including, but not
27 limited to, restitution programs, victim services programs, preventive or
28 diversionary correctional programs, community corrections centers and
29 facilities for the detention or confinement, care or treatment of adults
30 charged with or convicted of crime or of juveniles being detained or
31 adjudged to be delinquent, miscreant or a juvenile offender except that
32 no community corrections funds shall be expended by the secretary for
33 the purpose of establishing or operating a conservation camp as provided
34 by K.S.A. 75-52,127, and amendments thereto.
35 Sec. 91. On and after July 1, 1997, K.S.A. 1996 Supp. 75-6102 is
36 hereby amended to read as follows: 75-6102. As used in K.S.A. 75-6101
37 through 75-6118, and amendments thereto, unless the context clearly
38 requires otherwise:
39 (a) ``State'' means the state of Kansas and any department or branch
40 of state government, or any agency, authority, institution or other instru-
41 mentality thereof.
42 (b) ``Municipality'' means any county, township, city, school district
43 or other political or taxing subdivision of the state, or any agency, au-
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1 thority, institution or other instrumentality thereof.
2 (c) ``Governmental entity'' means state or municipality.
3 (d) ``Employee'' means any officer, employee, servant or member of
4 a board, commission, committee, division, department, branch or council
5 of a governmental entity, including elected or appointed officials and
6 persons acting on behalf or in service of a governmental entity in any
7 official capacity, whether with or without compensation and a charitable
8 health care provider. Employee includes any steward or racing judge ap-
9 pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless
10 of whether the services of such steward or racing judge are rendered
11 pursuant to contract as an independent contractor, but does not otherwise
12 include any independent contractor under contract with a governmental
13 entity except (1) employees of the United States marshal's service en-
14 gaged in the transportation of inmates on behalf of the secretary of cor-
15 rections and, (2) a person who is an employee of a nonprofit independent
16 contractor, other than a municipality, under contract to provide educa-
17 tional or vocational training to inmates in the custody of the secretary of
18 corrections and who is engaged in providing such service in an institution
19 under the control of the secretary of corrections provided that such em-
20 ployee does not otherwise have coverage for such acts and omissions
21 within the scope of their employment through a liability insurance con-
22 tract of such independent contractor; and (3) a person who is an employee
23 of a nonprofit program, other than a municipality, who has contracted
24 with the commissioner of juvenile justice or with another nonprofit pro-
25 gram that has contracted with the commissioner of juvenile justice to
26 provide a juvenile justice program for juvenile offenders in a judicial dis-
27 trict provided that such employee does not otherwise have coverage for
28 such acts and omissions within the scope of their employment through a
29 liability insurance contract of such nonprofit program. ``Employee'' also
30 includes an employee of an indigent health care clinic. ``Employee'' also
31 includes former employees for acts and omissions within the scope of
32 their employment during their former employment with the govern-
33 mental entity.
34 (e) ``Community service work'' means public or community service
35 performed by a person (1) as a result of a contract of diversion entered
36 into by such person as authorized by law, (2) pursuant to the assignment
37 of such person by a court to a community corrections program, (3) as a
38 result of suspension of sentence or as a condition of probation pursuant
39 to court order, (4) in lieu of a fine imposed by court order or (5) as a
40 condition of placement ordered by a court pursuant to K.S.A. 38-1663,
41 and amendments thereto.
42 (f) ``Charitable health care provider'' means a person licensed by the
43 state board of healing arts as an exempt licensee or a federally active
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1 licensee, a person issued a limited permit by the state board of healing
2 arts, a physician's assistant registered by the state board of healing arts or
3 a health care provider as the term ``health care provider'' is defined under
4 K.S.A. 65-4921, and amendments thereto, who has entered into an agree-
5 ment with:
6 (1) The secretary of health and environment under K.S.A. 1996 Supp.
7 75-6120, and amendments thereto, who, pursuant to such agreement,
8 gratuitously renders professional services to a person who has provided
9 information which would reasonably lead the health care provider to
10 make the good faith assumption that such person meets the definition of
11 medically indigent person as defined by this section or to a person re-
12 ceiving medical assistance from the programs operated by the department
13 of social and rehabilitation services, and who is considered an employee
14 of the state of Kansas under K.S.A. 1996 Supp. 75-6120, and amendments
15 thereto; or
16 (2) the secretary of health and environment and who, pursuant to
17 such agreement, gratuitously renders professional services in conducting
18 children's immunization programs administered by the secretary; or
19 (3) a local health department or indigent health care clinic, which
20 renders professional services to medically indigent persons or persons
21 receiving medical assistance from the programs operated by the depart-
22 ment of social and rehabilitation services gratuitously or for a fee paid by
23 the local health department or indigent health care clinic to such provider
24 and who is considered an employee of the state of Kansas under K.S.A.
25 1996 Supp. 75-6120 and amendments thereto. Professional services ren-
26 dered by a provider under this paragraph (3) shall be considered gratui-
27 tous notwithstanding fees based on income eligibility guidelines charged
28 by a local health department or indigent health care clinic and notwith-
29 standing any fee paid by the local health department or indigent health
30 care clinic to a provider in accordance with this paragraph (3).
31 (g) ``Medically indigent person'' means a person who lacks resources
32 to pay for medically necessary health care services and who meets the
33 eligibility criteria for qualification as a medically indigent person estab-
34 lished by the secretary of health and environment under K.S.A. 1996
35 Supp. 75-6120, and amendments thereto.
36 (h) ``Indigent health care clinic'' means an outpatient medical care
37 clinic operated on a not-for-profit basis which has a contractual agreement
38 in effect with the secretary of health and environment to provide health
39 care services to medically indigent persons.
40 (i) ``Local health department'' shall have the meaning ascribed to such
41 term under K.S.A. 65-241 and amendments thereto.
42 Sec. 92. On and after July 1, 1997, K.S.A. 1996 Supp. 75-6104 is
43 hereby amended to read as follows: 75-6104. A governmental entity or
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1 an employee acting within the scope of the employee's employment shall
2 not be liable for damages resulting from:
3 (a) Legislative functions, including, but not limited to, the adoption
4 or failure to adopt any statute, regulation, ordinance or resolution;
5 (b) judicial function;
6 (c) enforcement of or failure to enforce a law, whether valid or in-
7 valid, including, but not limited to, any statute, rule and regulation, or-
8 dinance or resolution;
9 (d) adoption or enforcement of, or failure to adopt or enforce, any
10 written personnel policy which protects persons' health or safety unless
11 a duty of care, independent of such policy, is owed to the specific indi-
12 vidual injured, except that the finder of fact may consider the failure to
13 comply with any written personnel policy in determining the question of
14 negligence;
15 (e) any claim based upon the exercise or performance or the failure
16 to exercise or perform a discretionary function or duty on the part of a
17 governmental entity or employee, whether or not the discretion is abused
18 and regardless of the level of discretion involved;
19 (f) the assessment or collection of taxes or special assessments;
20 (g) any claim by an employee of a governmental entity arising from
21 the tortious conduct of another employee of the same governmental en-
22 tity, if such claim is (1) compensable pursuant to the Kansas workers
23 compensation act or (2) not compensable pursuant to the Kansas workers
24 compensation act because the injured employee was a firemen's relief
25 association member who was exempt from such act pursuant to K.S.A.
26 44-505d, and amendments thereto, at the time the claim arose;
27 (h) the malfunction, destruction or unauthorized removal of any traf-
28 fic or road sign, signal or warning device unless it is not corrected by the
29 governmental entity responsible within a reasonable time after actual or
30 constructive notice of such malfunction, destruction or removal. Nothing
31 herein shall give rise to liability arising from the act or omission of any
32 governmental entity in placing or removing any of the above signs, signals
33 or warning devices when such placement or removal is the result of a
34 discretionary act of the governmental entity;
35 (i) any claim which is limited or barred by any other law or which is
36 for injuries or property damage against an officer, employee or agent
37 where the individual is immune from suit or damages;
38 (j) any claim based upon emergency management activities, except
39 that governmental entities shall be liable for claims to the extent provided
40 in article 9 of chapter 48 of the Kansas Statutes Annotated;
41 (k) the failure to make an inspection, or making an inadequate or
42 negligent inspection, of any property other than the property of the gov-
43 ernmental entity, to determine whether the property complies with or
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1 violates any law or rule and regulation or contains a hazard to public
2 health or safety;
3 (l) snow or ice conditions or other temporary or natural conditions
4 on any public way or other public place due to weather conditions, unless
5 the condition is affirmatively caused by the negligent act of the govern-
6 mental entity;
7 (m) the plan or design for the construction of or an improvement to
8 public property, either in its original construction or any improvement
9 thereto, if the plan or design is approved in advance of the construction
10 or improvement by the governing body of the governmental entity or
11 some other body or employee exercising discretionary authority to give
12 such approval and if the plan or design was prepared in conformity with
13 the generally recognized and prevailing standards in existence at the time
14 such plan or design was prepared;
15 (n) failure to provide, or the method of providing, police or fire pro-
16 tection;
17 (o) any claim for injuries resulting from the use of any public property
18 intended or permitted to be used as a park, playground or open area for
19 recreational purposes, unless the governmental entity or an employee
20 thereof is guilty of gross and wanton negligence proximately causing such
21 injury;
22 (p) the natural condition of any unimproved public property of the
23 governmental entity;
24 (q) any claim for injuries resulting from the use or maintenance of a
25 public cemetery owned and operated by a municipality or an abandoned
26 cemetery, title to which has vested in a governmental entity pursuant to
27 K.S.A. 17-1366 through 17-1368, and amendments thereto, unless the
28 governmental entity or an employee thereof is guilty of gross and wanton
29 negligence proximately causing the injury;
30 (r) the existence, in any condition, of a minimum maintenance road,
31 after being properly so declared and signed as provided in K.S.A. 68-
32 5,102, and amendments thereto;
33 (s) any claim for damages arising from the performance of community
34 service work other than damages arising from the operation of a motor
35 vehicle as defined by K.S.A. 40-3103, and amendments thereto;
36 (t) any claim for damages arising from the operation of vending ma-
37 chines authorized pursuant to K.S.A. 68-432 or K.S.A. 1996 Supp. 75-
38 3343a, and amendments thereto; or
39 (u) providing, distributing or selling information from geographic in-
40 formation systems which includes an entire formula, pattern, compilation,
41 program, device, method, technique, process, digital database or system
42 which electronically records, stores, reproduces and manipulates by com-
43 puter geographic and factual information which has been developed in-
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1 ternally or provided from other sources and compiled for use by a public
2 agency, either alone or in cooperation with other public or private entities;
3 or
4 (v) any claim arising from providing a juvenile justice program to
5 juvenile offenders, if such juvenile justice program has contracted with
6 the commissioner of juvenile justice or with another nonprofit program
7 that has contracted with the commissioner of juvenile justice.
8 A governmental entity shall not be liable for damages under subsection
9 (d) of K.S.A. 65-445 and amendments thereto or subsection (e) of K.S.A.
10 1996 Supp. 65-6804 and amendments thereto for any action of an em-
11 ployee or former employee who has violated the provisions of subsection
12 (d) of K.S.A. 65-445 and amendments thereto or subsection (e) of K.S.A.
13 1996 Supp. 65-6804 and amendments thereto.
14 The enumeration of exceptions to liability in this section shall not be
15 construed to be exclusive nor as legislative intent to waive immunity from
16 liability in the performance or failure to perform any other act or function
17 of a discretionary nature.
18 Sec. 93. On and after July 1, 1997, K.S.A. 1996 Supp. 75-6801 is
19 hereby amended to read as follows: 75-6801. (a) As used in this section:
20 (1) ``Executive secretary'' means the executive secretary of the Kansas
21 public employees retirement system.
22 (2) ``F.T.E. positions'' means the number of full time and regular part
23 time positions equated to full time, excluding seasonal and temporary
24 positions, paid from appropriations.
25 (3) ``Head of the governmental branch'' means the governor, in the
26 case of the executive branch; and the legislative coordinating council, in
27 the case of the legislative branch.
28 (4) ``Retiree'' means any person electing to retire pursuant to K.S.A.
29 74-4914, and amendments thereto, except that ``retiree'' shall not include
30 any person who is retiring from a position which provides direct care for
31 patients at Topeka state hospital, Osawatomie state hospital, Rainbow
32 mental health facility or Larned state hospital, Kansas neurological insti-
33 tute, Parsons state hospital and training center, Winfield state hospital
34 and training center and, university of Kansas medical center, Atchison
35 juvenile correctional facility, Beloit juvenile correctional facility, Larned
36 juvenile correctional facility and Topeka juvenile correctional facility.
37 (b) The executive secretary shall provide the head of the govern-
38 mental branch notice of the name, employing state agency and retirement
39 date of each retiree retiring after the effective date of this act and such
40 other information that may be prescribed by the head of the govern-
41 mental branch.
42 (c) (1) Upon receipt of each notice pursuant to subsection (b) re-
43 garding a retiree employed by a state agency in the executive branch, the
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1 governor shall direct the secretary of administration to reduce by one the
2 number of F.T.E. positions authorized for the state agency that employed
3 the retiree and reduce the expenditure authority of such state agency in
4 an amount attributable to the amount of unused salary and employer-
5 paid benefits attributable to the retiree's job position.
6 (2) Upon receipt of each notice pursuant to subsection (c) regarding
7 a retiree employed by a state agency in the legislative branch, the legis-
8 lative coordinating council shall reduce by one the number of F.T.E.
9 positions for the state agency that employed the retiree and reduce the
10 expenditure authority of such state agency in an amount attributable to
11 the retiree's job position.
12 (d) (1) For reductions made in the executive branch of government,
13 the governor is authorized to restore or allocate, to any state agency or
14 agencies within the executive branch, no more than 3/4 of the F.T.E.
15 positions and expenditure authority reductions made pursuant to subsec-
16 tion (c)(1), except that, upon request of the governor, the reduced num-
17 ber of authorized F.T.E. positions and the reduced amount of expendi-
18 ture authority established under subsection (c)(1) for a state agency in
19 the executive branch of government may be increased upon approval by
20 the state finance council acting on this matter which is hereby character-
21 ized as a matter of legislative delegation and subject to the guidelines
22 prescribed in subsection (c) of K.S.A. 75-3711c and amendments thereto.
23 (2) For reductions made in the legislative branch of government, the
24 legislative coordinating council is authorized to restore or allocate, to any
25 state agency or agencies within the legislative branch, no more than 3/4 of
26 the F.T.E. positions and expenditure authority reductions made pursuant
27 to subsection (c)(2), except that, upon request of the agency head, the
28 reduced number of authorized F.T.E. positions and the reduced amount
29 of expenditure authority established under subsection (c) for a state
30 agency in the legislative branch of government may be increased upon
31 approval by the legislative coordinating council.
32 (e) The secretary of administration is authorized to prescribe such
33 policies and procedures as may be deemed necessary to carry out the
34 provisions of this section.
35 Sec. 94. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7007 is
36 hereby amended to read as follows: 75-7007. (a) The Kansas youth au-
37 thority shall be the successor in every way to the powers, duties and
38 functions of the advisory commission on juvenile offender programs.
39 (b) For the purposes of federal juvenile justice and delinquency pre-
40 vention act of 1974, as amended, the Kansas youth authority shall act as
41 the supervisory board.
42 (c) The provisions of subsections (a) and (b) shall expire on June 30,
43 1997.
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1 (d) On and after July 1, 1997, for the purposes of the federal juvenile
2 justice delinquency prevention act of 1974, as amended, the Kansas youth
3 authority, as an advisory authority to the commissioner of juvenile justice,
4 shall act as the supervisory board. (a) There is hereby established the
5 Kansas advisory group on juvenile justice and delinquency prevention,
6 for the purposes of the federal juvenile justice and delinquency prevention
7 act of 1974, as amended.
8 (b) The membership of the Kansas advisory group on juvenile justice
9 and delinquency prevention shall include the members of the Kansas
10 youth authority, as appointed pursuant to K.S.A. 75-7009, and amend-
11 ments thereto, and other members as appointed by the governor. The
12 governor shall appoint at least eight but not more than 26 additional
13 members to the advisory group. The additional members shall serve at
14 the pleasure of the governor.
15 (c) The chairperson and vice-chairperson of the advisory group shall
16 be appointed by the governor.
17 (d) Each member of the advisory group shall receive compensation,
18 subsistence allowances, mileage and other expenses as provided for in
19 K.S.A. 75-3223, and amendments thereto.
20 (e) The advisory group shall participate in the development and re-
21 view of the juvenile justice plan, review and comment on all juvenile justice
22 and delinquency prevention grant applications, and shall make recom-
23 mendations regarding the grant applications.
24 (f) All ex officio members of the Kansas youth authority shall also
25 serve as ex officio members to the advisory group.
26 (g) The advisory group shall receive reports from local citizen review
27 boards established pursuant to K.S.A. 38-1812, and amendments thereto,
28 regarding the status of juvenile offenders under the supervision of the
29 district courts.
30 Sec. 95. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7008 is
31 hereby amended to read as follows: 75-7008. (a) There is hereby estab-
32 lished the Kansas youth authority. The authority shall develop confine-
33 ment and alternate disposition policies for juvenile offenders. The au-
34 thority shall specifically look at confinement as well as diversion, fines,
35 restitution, community service, standard probation, intensive supervision,
36 house arrest programs, electronic monitoring, structured school, day re-
37 porting centers, community residential care, treatment centers and sanc-
38 tions house.
39 (b) The Kansas youth authority shall develop and submit its interim
40 report and statutory proposals to the legislature on or before November
41 1, 1995. A transitional plan shall be submitted on the commencement of
42 the 1997 legislative session. Such transitional plan shall include a plan for
43 the transfer of the powers, duties and functions of the department of
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1 social and rehabilitation services and other state agencies concerning ju-
2 venile offenders to the juvenile justice authority and the commissioner of
3 juvenile justice; a plan for a juvenile offender placement matrix to pro-
4 mote uniformity throughout the system; a plan for aftercare services upon
5 release from a juvenile correctional facility including the development of
6 discharge plans which will coordinate the efficient delivery of services
7 including educational services; a plan in coordination with the department
8 of social and rehabilitation services to consolidate the functions of juvenile
9 offenders and children in need of care intake and assessment services to
10 provide a statewide plan for coordinating services on a 24-hour a day basis;
11 a plan to recommend how all juveniles in police custody will be processed
12 through the juvenile intake and assessment system; and a plan to facilitate
13 the transfer from a state-based juvenile justice system to a community-
14 based juvenile justice system. The plan for transition to a more commu-
15 nity-based juvenile justice system shall be based on judicial districts and
16 shall specifically address the governance, financial needs, compliance
17 requirements and accountability of the system. The Kansas youth au-
18 thority may contract with a consultant to provide assistance with such
19 transitional plans.
20 (c) On July 1, 1997, the Kansas youth authority shall become an ad-
21 visory authority to the commissioner of juvenile justice.
22 (d) The Kansas youth authority shall review programs and services
23 provided by community corrections programs pursuant to the community
24 corrections act. The Kansas youth authority shall review the local juvenile
25 intake and assessment programs. The Kansas youth authority may study
26 issues concerning children in need of care.
27 (e) The Kansas department of social and rehabilitation services, in
28 cooperation with the Kansas youth authority, shall coordinate all state
29 efforts to prevent alcohol and drug abuse by juveniles.
30 (f) The Kansas department of social and rehabilitation services, in
31 cooperation with the Kansas youth authority, shall develop a comprehen-
32 sive strategy for prevention and early intervention, including, but not
33 limited to, a program to assist each community in performing a compre-
34 hensive risk assessment.
35 (g) Annually, the Kansas youth authority shall recognize:
36 (1) No more than six individuals or organizations that have made sig-
37 nificant and positive contributions to Kansas youth; and
38 (2) one male and one female Kansas youth for significant and positive
39 contributions to the eradication of youth risk factors in such youth's com-
40 munity.
41 (h) The Kansas youth authority may appoint an advisory youth coun-
42 cil. Such council shall advise the authority on policy recommendations
43 and programs. Members of the youth council shall meet and have such
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1 duties as determined by the Kansas youth authority.
2 (i) There is hereby created the Kansas endowment for youth fund in
3 the state treasury. All moneys credited to the Kansas endowment for
4 youth fund shall be used to fund prevention programs for youths trans-
5 ferred to the Kansas endowment for youth trust fund, established in K.S.A.
6 75-7021, and amendments thereto. The Kansas youth authority shall ac-
7 cept grants and donations, both public and private, to be credited to the
8 fund. All expenditures from the Kansas endowment for youth fund shall
9 be made in accordance with appropriation acts upon warrants of the di-
10 rector of accounts and reports issued pursuant to vouchers approved by
11 the chairperson of the Kansas youth authority or by a person or persons
12 designated by such chairperson. The Kansas youth authority may contract
13 with a consultant to determine the elements of a successful endowment
14 program. On the 10th of each month, the director of accounts and reports
15 shall transfer from the state general fund to the Kansas endowment for
16 youth fund, the amount of money certified by the pooled money invest-
17 ment board in accordance with this subsection. Prior to the 10th of each
18 month, the pooled money investment board shall certify to the director
19 of accounts and reports the amount of money equal to the proportionate
20 amount of all the interest credited to the state general fund for the pre-
21 ceding period of time specified under this subsection, pursuant to K.S.A.
22 75-4210a, and amendments thereto, that is attributable to money in the
23 Kansas endowment for youth fund. Such amount of money shall be de-
24 termined by the pooled money investment board based on:
25 (1) The average daily balance of moneys in the Kansas endowment
26 for youth fund during the period of time specified under this subsection
27 as certified to the board by the director of accounts and reports; and
28 (2) the average interest rate on repurchase agreements of less than
29 30 days' duration entered into by the pooled money investment board for
30 that period of time. On or before the fifth day of the month for the
31 preceding month, the director of accounts and reports shall certify to the
32 pooled money investment board the average daily balance of moneys in
33 the Kansas endowment for youth fund for the period of time specified
34 under this subsection.
35 Sec. 96. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7009 is
36 hereby amended to read as follows: 75-7009. (a) The Kansas youth au-
37 thority shall consist of seven members. The governor shall appoint one
38 member from each congressional district and three members from the
39 state at large. The governor shall appoint a chairperson.
40 (b) The authority shall meet upon call of its chairperson as is neces-
41 sary to carry out its duties under this act.
42 (c) Of the members of the board appointed in the year 1999, three
43 members shall have terms ending on the second Monday in January 2001
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1 and four members shall have terms ending on the second Monday in
2 January 2003. Each member appointed in 1995 and subsequent to 1999
3 shall be appointed for a four-year term and shall continue in office until
4 a successor is appointed and qualified. Members shall be eligible for reap-
5 pointment.
6 (d) Each member of the authority shall receive compensation, sub-
7 sistence allowances, mileage and other expenses as provided for in K.S.A.
8 75-3223, and amendments thereto.
9 (e) The attorney general or the attorney general's designee, the chief
10 justice of the supreme court or the chief justice's designee and the com-
11 missioner of education or the commissioner's designee shall serve as ex
12 officio members of the authority. The governor may appoint other mem-
13 bers to serve as ex officio members. Such ex officio members appointed
14 by the governor shall serve at the pleasure of the governor. The Kansas
15 league of municipalities and the Kansas association of counties each may
16 appoint a member to serve as an ex officio member. All ex officio members
17 of the commission shall be nonvoting members.
18 Sec. 97. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7021 is
19 hereby amended to read as follows: 75-7021. (a) There is hereby created
20 in the state treasury the Kansas endowment for youth trust fund. Money
21 credited to the fund pursuant to K.S.A. 20-367 and amendments thereto
22 or by any other lawful means shall be used solely for the purpose of
23 making grants to further the purpose of juvenile justice reform, including
24 rational prevention programs and programs for treatment and rehabili-
25 tation of juveniles and to further the partnership between state and local
26 communities. Such treatment and rehabilitation programs should aim to
27 combine accountability and sanctions with increasingly intensive treat-
28 ment and rehabilitation services with an aim to provide greater public
29 safety and provide intervention that will be uniform and consistent.
30 (b) All expenditures from the Kansas endowment for youth trust fund
31 shall be made in accordance with appropriations acts upon warrants of
32 the director of accounts and reports issued pursuant to vouchers approved
33 by the commissioner of juvenile justice or by a person or persons desig-
34 nated by the commissioner.
35 (c) The commissioner of juvenile justice may apply for, receive and
36 accept money from any source for the purposes for which money in the
37 Kansas endowment for youth trust fund may be expended. Upon receipt
38 of any such money, the commissioner shall remit the entire amount at
39 least monthly to the state treasurer, who shall deposit it in the state treas-
40 ury and credit it to the Kansas endowment for youth trust fund.
41 (d) Grants made to programs pursuant to this section shall be based
42 on the number of persons to be served and such other requirements as
43 may be established by the Kansas youth authority in guidelines estab-
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1 lished and promulgated to regulate grants made under authority of this
2 section. The guidelines may include requirements for grant applications,
3 organizational characteristics, reporting and auditing criteria and such
4 other standards for eligibility and accountability as are deemed advisable
5 by the Kansas youth authority.
6 (e) On or before the 10th of each month, the director of accounts and
7 reports shall transfer from the state general fund to the Kansas endow-
8 ment for youth trust fund, the amount of money certified by the pooled
9 money investment board in accordance with this subsection. Prior to the
10 10th of each month, the pooled money investment board shall certify to
11 the director of accounts and reports the amount of money equal to the
12 proportionate amount of all the interest credited to the state general fund
13 for the preceding period of time specified under this subsection, pursuant
14 to K.S.A. 75-4210a, and amendments thereto, that is attributable to
15 money in the Kansas endowment for youth trust fund. Such amount of
16 money shall be determined by the pooled money investment board in-
17 terest earnings based on:
18 (1) The average daily balance of moneys in the Kansas endowment
19 for youth trust fund during the period of time specified under this sub-
20 section as certified to the board by the director of accounts and reports
21 for the preceding month; and
22 (2) the average interest rate on repurchase agreements of less than
23 30 days' duration entered into by the pooled money investment board for
24 that period of time. On or before the fifth day of the month for the
25 preceding month, the director of accounts and reports shall certify to the
26 pooled money investment board the average daily balance of moneys in
27 the Kansas endowment for youth trust fund for the period of time spec-
28 ified under this subsection net earnings rate of the pooled money invest-
29 ment portfolio for the preceding month.
30 Sec. 98. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7023 is
31 hereby amended to read as follows: 75-7023. (a) The supreme court
32 through administrative orders shall provide for the establishment of a
33 juvenile intake and assessment system and for the establishment and op-
34 eration of juvenile intake and assessment programs in each judicial dis-
35 trict. On and after July 1, 1997, the secretary of social and rehabilitation
36 services may contract with the commissioner of juvenile justice to provide
37 for the juvenile intake and assessment system and programs for children
38 in need of care. Except as provided further, on and after July 1, 1997, the
39 commissioner of juvenile justice shall promulgate rules and regulations
40 for the juvenile intake and assessment system and programs concerning
41 juvenile offenders. If the commissioner contracts with the office of judicial
42 administration to administer the juvenile intake and assessment system
43 and programs concerning juvenile offenders, the supreme court admin-
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1 istrative orders shall be in force until such contract ends and the rules
2 and regulations concerning juvenile intake and assessment system and
3 programs concerning juvenile offenders have been adopted.
4 (b) No records, reports and information obtained as a part of the
5 juvenile intake and assessment process may be admitted into evidence in
6 any proceeding and may not be used in a child in need of care proceeding
7 except for diagnostic and referral purposes and by the court in considering
8 dispositional alternatives. However, if the records, reports or information
9 are in regard to abuse or neglect, which is required to be reported under
10 K.S.A. 38-1522, and amendments thereto, such records, reports or infor-
11 mation may then be used for any purpose in a child in need of care
12 proceeding pursuant to the Kansas code for care of children.
13 (c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-
14 1624, and amendments thereto, a juvenile intake and assessment worker
15 shall complete the intake and assessment process as required by supreme
16 court administrative order or district court rule prior to July 1, 1997, or
17 except as provided above rules and regulations established by the com-
18 missioner of juvenile justice on and after July 1, 1997.
19 (d) In addition to any other information required by the supreme
20 court administrative order, the secretary, the commissioner or by the
21 district court of such district, the juvenile intake and assessment worker
22 shall collect the following information:
23 (1) A standardized risk assessment tool, such as the problem oriented
24 screening instrument for teens;
25 (2) criminal history, including indications of criminal gang involve-
26 ment;
27 (3) abuse history;
28 (4) substance abuse history;
29 (5) history of prior community services used or treatments provided;
30 (6) educational history;
31 (7) medical history; and
32 (8) family history.
33 (e) After completion of the intake and assessment process for such
34 child, the intake and assessment worker may:
35 (1) Release the child to the custody of the child's parent or, other
36 legal guardian or another appropriate adult if the intake and assessment
37 worker believes that it would be in the best interest of the child and it
38 would not be harmful to the child to do so.
39 (2) Conditionally release the child to the child's parent or, other legal
40 guardian or another appropriate adult if the intake and assessment worker
41 believes that if the conditions are met, it would be in the child's best
42 interest to release the child to such child's parent or, other legal guardian
43 or another appropriate adult; and the intake and assessment worker has
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1 reason to believe that it might be harmful to the child to release the child
2 to such child's parents or, other legal guardian or another appropriate
3 adult without imposing the conditions. The conditions may include, but
4 not be limited to:
5 (A) Participation of the child in counseling;
6 (B) participation of members of the child's family in counseling;
7 (C) participation by the child, members of the child's family and other
8 relevant persons in mediation;
9 (D) provision of inpatient treatment for the child;
10 (E) referral of the child and the child's family to the secretary of social
11 and rehabilitation services for services and the agreement of the child and
12 family to accept and participate in the services offered;
13 (F) referral of the child and the child's family to available community
14 resources or services and the agreement of the child and family to accept
15 and participation participate in the services offered;
16 (G) requiring the child and members of the child's family to enter
17 into a behavioral contract which may provide for regular school atten-
18 dance among other requirements; or
19 (H) any special conditions necessary to protect the child from future
20 abuse or neglect.
21 (3) Deliver the child to a shelter facility or a licensed attendant care
22 center along with the law enforcement officer's written application. The
23 shelter facility or licensed attendant care facility shall then have custody
24 as if the child had been directly delivered to the facility by the law en-
25 forcement officer pursuant to K.S.A. 38-1528, and amendments thereto.
26 (4) Refer the child to the county or district attorney for appropriate
27 proceedings to be filed or refer the child and family to the secretary of
28 social and rehabilitation services for investigations in regard to the alle-
29 gations.
30 Sec. 99. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7024 is
31 hereby amended to read as follows: 75-7024. On and after July 1, 1997,
32 in addition to other powers and duties provided by law, in administering
33 the provisions of the juvenile justice code, the commissioner of juvenile
34 justice shall:
35 (a) Establish the following divisions in the juvenile justice authority:
36 (1) Operations. The commissioner shall oversee operate the juvenile
37 intake and assessment system as it relates to the juvenile offender; provide
38 technical assistance and help facilitate community collaboration; license
39 juvenile correctional facilities, programs and providers; assist in coordi-
40 nating a statewide system of community based service providers; establish
41 pilot projects for community based service providers; and operate the
42 juvenile correctional facilities.
43 (2) Research and prevention. The commissioner shall generate, an-
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1 alyze and utilize data to review existing programs and identify effective
2 prevention programs; to develop new program initiatives and restructure
3 existing programs; and to assist communities in risk assessment and ef-
4 fective resource utilization.
5 (3) Contracts. The commissioner shall secure the services of direct
6 providers by contracting with such providers, which may include non-
7 profit, private or public agencies, to provide functions and services
8 needed to operate the juvenile justice authority. The commissioner shall
9 contract with local service providers, when available, to provide 24-hour-
10 a-day intake and assessment services. Nothing provided for herein shall
11 prohibit local municipalities, through interlocal agreements, from corrob-
12 orating with and participating in the intake and assessment services es-
13 tablished in K.S.A. 1996 Supp. 75-7023 and amendments thereto. All
14 contracts entered into by the commissioner to secure the services of direct
15 providers shall contain a clause allowing the inspector general unlimited
16 access to such facility, records or personnel pursuant to subsection
17 (a)(4)(B).
18 (4) Performance audit. (A) The commissioner shall randomly audit
19 contracts to determine that service providers are performing as required
20 pursuant to the contract.
21 (B) Within the division of performance audit, the commissioner shall
22 designate a staff person to serve in the capacity of inspector general. Such
23 inspector general, or such inspector general's designee, shall have the au-
24 thority to: (i) Enforce compliance with all contracts; (ii) perform audits
25 as necessary to ensure compliance with the contracts. The inspector gen-
26 eral shall have unlimited access to any and all facilities, records or per-
27 sonnel of any provider that has contracted with the commissioner to de-
28 termine that such provider is in compliance with the contracts; and (iii)
29 establish a statewide juvenile justice hotline to respond to any complaints
30 or concerns that have been received concerning juvenile justice.
31 (b) Adopt rules and regulations necessary for the administration of
32 this act.
33 (c) Administer all state and federal funds appropriated to the juvenile
34 justice authority and may coordinate with any other agency within the
35 executive branch expending funds appropriated for juvenile justice.
36 (d) Administer the development and implementation of a juvenile
37 justice information system.
38 (e) Administer the transition to and implementation of juvenile jus-
39 tice system reforms.
40 (f) Coordinate with the judicial branch of state government any duties
41 and functions which effect the juvenile justice authority.
42 (g) Serve as a resource to the legislature and other state policymakers.
43 (h) Make and enter into all contracts and agreements and do all other
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1 acts and things necessary or incidental to the performance of functions
2 and duties and the execution of powers under this act. The commissioner
3 may enter into memorandums of agreement or contractual relationships
4 with state agencies, other governmental entities or private providers as
5 necessary to carry out the commissioner's responsibilities pursuant to the
6 Kansas juvenile justice code.
7 (i) Accept custody of juvenile offenders so placed by the court.
8 (j) Assign juvenile offenders placed in the commissioner's custody to
9 juvenile correctional facilities based on information collected by the re-
10 ception and diagnostic evaluation, intake and assessment report, pursuant
11 to K.S.A. 1996 Supp. 75-7023 and the predispositional investigation re-
12 port, pursuant to K.S.A. 38-1661, and amendments thereto.
13 (k) Establish and utilize a reception and diagnostic evaluation for all
14 juvenile offenders to be evaluated prior to placement in a juvenile cor-
15 rectional facility.
16 (l) Assist the judicial districts in establishing community based place-
17 ment options, juvenile community corrections correctional services and
18 aftercare transition services for juvenile offenders.
19 (m) Review, evaluate and restructure the programmatic mission and
20 goals of the juvenile correctional facilities to accommodate greater spe-
21 cialization for each facility.
22 (n) Adopt rules and regulations as are necessary to encourage the
23 sharing of information between individuals and agencies who are involved
24 with the juvenile.
25 (o) Provide staff support to the Kansas youth authority.
26 (p) Designate in each judicial district an entity which shall be re-
27 sponsible for juvenile justice field services not provided by court services
28 officers in the judicial district. The commissioner shall contract with such
29 entity and provide grants to fund such field services.
30 (q) Monitor placement trends and minority confinement.
31 (r) On or before December 1, 1997, the commissioner, with the ap-
32 proval of the Kansas youth authority, shall develop and submit to the joint
33 committee on corrections and juvenile justice oversight a recommendation
34 to provide for the financial viability of the Kansas juvenile justice system.
35 Such recommendation shall include a formula for the allocation of state
36 funds to community programs and a rationale in support of the recom-
37 mendation. Additionally, the commissioner shall submit a recommenda-
38 tion, approved by the Kansas youth authority, detailing capital projects
39 and expenditures projected during the five-year period beginning July 1,
40 1997, including a rationale in support of such recommendation. In de-
41 veloping such recommendations, the commissioner shall avoid pursuing
42 construction or expansion of state institutional capacity when appropriate
43 alternatives to such placements are justified. The commissioner's recom-
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1 mendations shall identify a revenue source sufficient to appropriately fund
2 expenditures anticipated to be incurred subsequent to expansion of com-
3 munity-based capacity and necessary to finance recommended capital
4 projects.
5 (s) The commissioner shall report monthly to the joint committee on
6 corrections and juvenile justice oversight. The commissioner shall review
7 with the committee any contracts or memorandums of agreement with
8 other state agencies prior to the termination of such agreements or con-
9 tracts.
10 [(t) The commissioner may appoint a deputy commissioner to
11 head each division in the juvenile justice authority and such deputy
12 shall serve at the pleasure of the commissioner. Any such deputy
13 commissioner shall be in the unclassified service under the Kansas
14 civil service act.]
15 Sec. 100. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7025 is
16 hereby amended to read as follows: 75-7025. On and after July 1, 1997:
17 (a) The commissioner of juvenile justice may establish, maintain and
18 improve throughout the state, within the limits of funds appropriated
19 therefor and any grants or funds received from federal agencies and other
20 sources, regional youth care, evaluation and rehabilitation facilities, not
21 to exceed 10 in number, for the purpose of: (1) Providing local authorities
22 with facilities for the detention and rehabilitation of juvenile offenders,
23 including, but not limited to juvenile offenders who are 16 and 17 years
24 of age; (2) providing local authorities with facilities for the temporary
25 shelter and detention of juveniles pending any examination or study to
26 be made of the juveniles or prior to the disposition of such juveniles
27 pursuant to the Kansas code for care of children or the Kansas juvenile
28 justice code; and (3) providing short-term treatment and rehabilitation
29 service for juveniles.
30 (b) Each such facility shall be staffed by a superintendent, matron
31 and such other officers and employees considered necessary by the com-
32 missioner for the proper management and operation of the center. The
33 commissioner shall appoint the superintendent of each regional facility
34 and fix the superintendent's compensation with the approval of the gov-
35 ernor. Each superintendent shall appoint all other officers and employees
36 for such regional facility, subject to the approval of the commissioner.
37 (c) The commissioner may adopt rules and regulations relating to the
38 operation and management of any regional youth care facility established
39 pursuant to the provisions of K.S.A. 1996 Supp. 75-7025 through 75-7028,
40 and amendments thereto.
41 Sec. 101. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7026 is
42 hereby amended to read as follows: 75-7026. On and after July 1, 1997:
43 (a) , within the limits of funds appropriated therefor and any grants
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1 or funds received from any agency of the United States government, and
2 other sources, the commissioner of juvenile justice may establish, main-
3 tain and improve throughout the state supplemental youth care facilities
4 for children who are delinquent, miscreant or juvenile offenders and who
5 are confined in institutions, for the purpose of providing treatment and
6 rehabilitation services for the children. All children placed in supplemen-
7 tal youth care facilities shall be subject to laws applicable to juvenile of-
8 fenders who are placed in any other juvenile correctional facility, as de-
9 fined by K.S.A. 38-1602, and amendments thereto. The commissioner
10 may adopt rules and regulations relating to the operation and manage-
11 ment of any supplemental youth care facility established pursuant to this
12 section.
13 (b) The supplemental youth care facility or youth rehabilitation cen-
14 ter established at Osawatomie state hospital shall be known as the juvenile
15 correctional facility at Osawatomie. Any reference to this supplemental
16 youth care facility, youth rehabilitation center or the youth center at Os-
17 awatomie, or words of like effect, in any statute, contract or other docu-
18 ment shall be deemed to apply to the juvenile correctional facility at
19 Osawatomie. The juvenile correctional facility at Osawatomie shall be
20 under the supervision and control of the commissioner in accordance with
21 K.S.A. 1996 Supp. 76-3203. All juvenile offenders placed in the juvenile
22 correctional facility at Osawatomie shall be subject to laws applicable to
23 juvenile offenders placed in any other juvenile correctional facility, as
24 defined by K.S.A. 38-1602, and amendments thereto.
25 (c) The supplemental youth care facility or youth rehabilitation center
26 established at Larned state hospital shall be known as the juvenile cor-
27 rectional facility at Larned. Any reference to this supplemental youth care
28 facility, youth rehabilitation center, the youth center at Larned, or words
29 of like effect, in any statute, contract or other document shall be deemed
30 to apply to the juvenile correctional facility at Larned. The juvenile cor-
31 rectional facility at Larned shall be under the supervision and control of
32 the commissioner in accordance with K.S.A. 1996 Supp. 76-3203. All
33 juvenile offenders placed in the juvenile correctional facility at Larned
34 shall be subject to laws applicable to any other juvenile correctional fa-
35 cility, as defined by K.S.A. 38-1602, and amendments thereto.
36 Sec. 102. On and after July 1, 1997, K.S.A. 1996 Supp. 75-7028 is
37 hereby amended to read as follows: 75-7028. On and after July 1, 1997:
38 (a) The commissioner of juvenile justice is hereby authorized and
39 empowered to establish and maintain at any institution, as defined in
40 K.S.A. 38-1602, and amendments thereto, residential care facilities for
41 children and youth committed or relinquished to the commissioner.
42 (b) Each residential care facility established under this section shall
43 be under the supervision and administration of the commissioner. The
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1 commissioner shall appoint all employees of the residential care facility
2 who shall be in the classified service under the Kansas civil service act.
3 (c) The commissioner is hereby authorized to adopt all necessary
4 rules and regulations relating to the operation and management of any
5 residential care facility established pursuant to the provisions of K.S.A.
6 1996 Supp. 75-7025 through 75-7028, and amendments thereto.
7 Sec. 103. On and after July 1, 1997, K.S.A. 1996 Supp. 76-6b04 is
8 hereby amended to read as follows: 76-6b04. (a) There is hereby levied
9 an annual permanent state tax upon all tangible property in this state
10 which is subject to ad valorem taxation. The tax levy shall be .25 mill in
11 the year 1990 and .5 mill in the year 1991 and each year thereafter until
12 changed by statute. The tax levy shall be in addition to all other state tax
13 levies authorized by law. The tax levy shall be for the use and benefit of
14 state institutions caring for persons who are mentally ill, retarded, visually
15 handicapped, with a handicapping hearing loss or tubercular or state in-
16 stitutions caring for children who are deprived, wayward, miscreant, de-
17 linquent, children in need of care or juvenile offenders and who are in
18 need of residential care or treatment, or institutions designed primarily
19 to provide vocational rehabilitation for handicapped persons. As used in
20 this section, ``state institutions'' shall include, but not be limited to, those
21 institutions under the authority of the commissioner of juvenile justice.
22 The proceeds of such tax levy shall be apportioned in accordance with
23 this act.
24 (b) The county treasurer of each county shall make the proceeds of
25 the tax levy provided for in this section available to the state treasurer
26 immediately upon collection. When available, the state treasurer shall
27 withdraw from each county the proceeds of the taxes raised by such tax
28 levy. Upon such withdrawal the state treasurer shall deposit the same in
29 the state treasury and shall credit the same as provided in K.S.A. 76-6b05
30 and amendments thereto.
31 Sec. 104. On and after July 1, 1997, K.S.A. 76-2101, as amended by
32 section 140 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
33 amended to read as follows: 76-2101. (a) The name of the youth center
34 at Topeka is hereby changed to the Topeka juvenile correctional facility
35 at Topeka. On and after July 1, 1997, any reference in the laws of this
36 state to the state industrial school for boys or the youth center at Topeka
37 shall be construed as referring to the Topeka juvenile correctional facility
38 at Topeka.
39 (b) The commissioner of juvenile justice shall have the management
40 and control of the Topeka juvenile correctional facility at Topeka.
41 Sec. 105. On and after July 1, 1997, K.S.A. 76-2101a, as amended by
42 section 141 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
43 amended to read as follows: 76-2101a. (a) The superintendent of the
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1 Topeka juvenile correctional facility at Topeka shall remit all moneys re-
2 ceived by or for the superintendent from charges and other operations
3 of such institution to the state treasurer at least monthly. Upon receipt
4 of any such remittance the state treasurer shall deposit the entire amount
5 thereof in the state treasury and the same shall be credited to the Topeka
6 juvenile correctional facility at Topeka fee fund. All expenditures from
7 such fund shall be made in accordance with appropriation acts upon war-
8 rants of the director of account and reports issued pursuant to vouchers
9 approved by such superintendent or by a person or persons designated
10 by the superintendent.
11 (b) The superintendent of the Atchison juvenile correctional facility
12 at Atchison shall remit all moneys received by or for the superintendent
13 from charges and other operations of such institution to the state treasurer
14 at least monthly. Upon receipt of any such remittance the state treasurer
15 shall deposit the entire amount thereof in the state treasury and the same
16 shall be credited to the Atchison juvenile correctional facility at Atchison
17 fee fund. All expenditures from such fund shall be made in accordance
18 with appropriation acts upon warrants of the director of accounts and
19 reports issued pursuant to vouchers approved by such superintendent or
20 by a person or persons designated by the superintendent.
21 Sec. 106. On and after July 1, 1997, K.S.A. 76-2101b, as amended
22 by section 142 of chapter 229 of the 1996 Session Laws of Kansas, is
23 hereby amended to read as follows: 76-2101b. (a) There is hereby estab-
24 lished, as a separate institution, the youth center at Atchison. The name
25 of the youth center at Atchison is hereby changed to the Atchison juvenile
26 correctional facility at Atchison. On and after July 1, 1997, any reference
27 in the laws of this state to the youth center at Atchison shall be construed
28 as referring to the Atchison juvenile correctional facility at Atchison.
29 (b) The commissioner of juvenile justice shall have the management
30 and control of the Atchison juvenile correctional facility at Atchison.
31 Sec. 107. On and after July 1, 1997, K.S.A. 76-2125, as amended by
32 section 145 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
33 amended to read as follows: 76-2125. After conveyance of the legal title
34 to the state of Kansas, the control of such lands shall be vested in the
35 secretary of social and rehabilitation services for the use and benefit of
36 the youth center at Topeka. On and after July 1, 1997, the control of such
37 lands shall be vested in the commissioner of juvenile justice for the use
38 and benefit of the Topeka juvenile correctional facility at Topeka.
39 Sec. 108. On and after July 1, 1997, K.S.A. 76-2128, as amended by
40 section 146 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
41 amended to read as follows: 76-2128. When the state of Kansas has ac-
42 quired title to such real estate as hereinbefore provided such real estate
43 shall be for the use of the Topeka juvenile correctional facility at Topeka
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1 until other use is directed or disposition is made by the legislature.
2 Sec. 109. On and after July 1, 1997, K.S.A. 76-2201, as amended by
3 section 147 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
4 amended to read as follows: 76-2201. The name of the youth center at
5 Beloit is hereby changed to the Beloit juvenile correctional facility at
6 Beloit. On and after July 1, 1997, any reference in the laws of this state
7 to the state industrial school for girls or the youth center at Beloit shall
8 be construed as referring to the Beloit juvenile correctional facility at
9 Beloit.
10 The commissioner of juvenile justice shall have the management and
11 control of the Beloit juvenile correctional facility at Beloit.
12 Sec. 110. On and after July 1, 1997, K.S.A. 76-2201a, as amended by
13 section 148 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
14 amended to read as follows: 76-2201a. The superintendent of the Beloit
15 juvenile correctional facility at Beloit shall remit all moneys received by
16 or for the superintendent from charges and other operations of such in-
17 stitution to the state treasurer at least monthly. Upon receipt of any such
18 remittance the state treasurer shall deposit the entire amount thereof in
19 the state treasury and the same shall be credited to the Beloit juvenile
20 correctional facility at Beloit fee fund. All expenditures from such fund
21 shall be made in accordance with appropriation acts upon warrants of the
22 director of accounts and reports issued pursuant to vouchers approved
23 by such superintendent or by a person or persons designated by the su-
24 perintendent.
25 Sec. 111. On and after July 1, 1997, K.S.A. 76-2219, as amended by
26 section 149 of chapter 229 of the 1996 Session Laws of Kansas, is hereby
27 amended to read as follows: 76-2219. The commissioner of juvenile jus-
28 tice is hereby authorized to lease or convey for and on behalf of the state
29 of Kansas certain lands located east of highway 129 and now a part of the
30 Beloit juvenile correctional facility at Beloit to a political subdivision of
31 this state if such lands are considered excess to present and future needs
32 of the Beloit juvenile correctional facility at Beloit and is recommended
33 for such conveyance by the state finance council and is to be used for
34 educational purposes.
35 Sec. 112. On and after July, 1, 1997, K.S.A. 1996 Supp. 76-3201 is
36 hereby amended to read as follows: 76-3201. On and after July 1, 1997,
37 the commissioner shall appoint the superintendents of the Atchison ju-
38 venile correctional facility at Atchison, the Beloit juvenile correctional
39 facility at Beloit and, the Topeka juvenile correctional facility at Topeka
40 and the directors of and the Larned juvenile correctional facility at Larned
41 and the juvenile correctional facility at Osawatomie. Superintendents and
42 directors shall be in the unclassified service under the Kansas civil service
43 act. A superintendent or director may be removed at any time by the
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1 commissioner. Each superintendent and director shall receive an annual
2 salary fixed by the commissioner, with the approval of the governor. The
3 commissioner may appoint an acting superintendent for any institution
4 which has a superintendent or an acting director for each institution which
5 has a director to serve temporarily until a vacancy is filled. Acting super-
6 intendents and directors shall have the same powers, duties and functions
7 as superintendents and directors.
8 Sec. 113. On and after July 1, 1997, K.S.A. 1996 Supp. 79-4803 is
9 hereby amended to read as follows: 79-4803. (a) Before July 1, 1995, an
10 amount equal to 10% of all moneys credited to the state gaming revenues
11 fund shall be transferred and credited in accordance with the following:
12 (1) A portion of such amount, which shall be specified by appropri-
13 ations act, shall be credited to the juvenile detention facilities fund; and
14 (2) the remainder of such amount shall be credited to the correctional
15 institutions building fund created pursuant to K.S.A. 76-6b09, and
16 amendments thereto, to be appropriated by the legislature for the use
17 and benefit of state correctional institutions as provided in K.S.A. 76-
18 6b09 and amendments thereto.
19 (b) On and after July 1, 1995:
20 (1) An amount equal to 10% of all moneys credited to the state gam-
21 ing revenues fund shall be transferred and credited to the correctional
22 institutions building fund created pursuant to K.S.A. 76-6b09 and amend-
23 ments thereto, to be appropriated by the legislature for the use and ben-
24 efit of state correctional institutions as provided in K.S.A. 76-6b09 and
25 amendments thereto; and
26 (2) an amount equal to 5% of all moneys credited to the state gaming
27 revenues fund shall be transferred and credited to the juvenile detention
28 facilities fund.
29 (c) (b) There is hereby created in the state treasury the juvenile de-
30 tention facilities fund which shall be administered by the attorney general
31 commissioner of juvenile justice as approved by the Kansas advisory
32 group on juvenile justice and delinquency prevention. All expenditures
33 from the juvenile detention facilities fund shall be for the retirement of
34 debt of facilities for the detention of juveniles; or for the construction,
35 renovation, remodeling or operational costs of facilities for the detention
36 of juveniles in accordance with a grant program which shall be established
37 with grant criteria designed to facilitate the expeditious award and pay-
38 ment of grants for the purposes for which the moneys are intended. ``Op-
39 erational costs'' shall not be limited to any per capita reimbursement by
40 the secretary of social and rehabilitation services commissioner of juvenile
41 justice for juveniles under the supervision and custody of the secretary
42 commissioner but shall include payments to counties as and for their costs
43 of operating the facility. The secretary of social and rehabilitation services
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1 commissioner of juvenile justice shall make grants of the moneys credited
2 to the juvenile detention facilities fund for such purposes to counties in
3 accordance with such grant program. All expenditures from the juvenile
4 detention facilities fund shall be made in accordance with appropriation
5 acts upon warrants of the director of accounts and reports issued pursuant
6 to vouchers approved by the secretary of social and rehabilitation services
7 or the secretary's commissioner of juvenile justice or the commissioner's
8 designee.
9 (d) On July 1, 1994, the director of accounts and reports shall transfer
10 all moneys in the juvenile detention facilities capital improvements fund
11 to the juvenile detention facilities fund established pursuant to subsection
12 (c). On July 1, 1994, all liabilities of the juvenile detention facilities capital
13 improvements fund existing prior to such date are hereby imposed on the
14 juvenile detention facilities fund established pursuant to subsection (c)
15 and the juvenile detention facilities capital improvements fund is hereby
16 abolished.
17 New Sec. 114. (a) There is hereby created the joint committee on
18 corrections and juvenile justice oversight which shall be within the leg-
19 islative branch of state government and which shall be composed of seven
20 members of the senate and nine members of the house of representatives.
21 (b) The seven senate members shall be appointed as follows:
22 (1) Three members shall be members of the majority party who are
23 members of the senate committee on ways and means and shall be ap-
24 pointed by the president;
25 (2) two members shall be members of the minority party who are
26 members of the senate committee on ways and means and shall be ap-
27 pointed by the minority leader;
28 (3) one member shall be a member of the majority party who is a
29 member of the senate committee on judiciary and shall be appointed by
30 the president; and
31 (4) one member shall be a member of the minority party who is a
32 member of the senate committee on judiciary and shall be appointed by
33 the minority leader.
34 (c) The nine representative members shall be appointed as follows:
35 (1) Three members shall be members of the majority party who are
36 members of the house committee on appropriations and shall be ap-
37 pointed by the speaker;
38 (2) two members shall be members of the minority party who are
39 members of the house committee on appropriations and shall be ap-
40 pointed by the minority leader;
41 (3) two members shall be members of the majority party who is a
42 member [are members] of the house committee on judiciary and shall
43 be appointed by the speaker; and
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1 (4) two members shall be members of the minority party who is a
2 member [are members] of the house committee on judiciary and shall
3 be appointed by the minority leader.
4 (d) Any vacancy in the membership of the joint committee on cor-
5 rections and juvenile justice oversight shall be filled by appointment in
6 the manner prescribed by this section for the original appointment.
7 (e) All members of the joint committee on corrections and juvenile
8 justice oversight shall serve for terms ending on the first day of the regular
9 legislative session in odd-numbered years. The joint committee shall or-
10 ganize annually and elect a chairperson and vice-chairperson in accor-
11 dance with this subsection. During calendar years 1997 and 1999, the
12 chairperson shall be one of the representative members of the joint com-
13 mittee elected by the members of the joint committee and the vice-chair-
14 person shall be one of the senate members elected by the members of
15 the joint committee. During calendar years 1998 and 2000, the chairper-
16 son shall be one of the senate members of the joint committee elected
17 by the members of the joint committee and the vice-chairperson shall be
18 one of the representative members of the joint committee elected by the
19 members of the joint committee. The vice-chairperson shall exercise all
20 of the powers of the chairperson in the absence of the chairperson. If a
21 vacancy occurs in the office of chairperson or vice-chairperson, a member
22 of the joint committee, who is a member of the same house as the mem-
23 ber who vacated the office, shall be elected by the members of the joint
24 committee to fill such vacancy. Within 30 days after the effective date of
25 this act, the joint committee shall organize and elect a chairperson and a
26 vice-chairperson in accordance with the provisions of this act.
27 (f) A quorum of the joint committee on corrections and juvenile jus-
28 tice oversight shall be nine. All actions of the joint committee shall be by
29 motion adopted by the affirmative vote of four of the seven senate mem-
30 bers and five of the nine representative members.
31 (g) The joint committee on corrections and juvenile justice oversight
32 may meet at any time and at any place within the state on the call of the
33 chairperson.
34 (h) The provisions of the acts contained in article 12 of chapter 46 of
35 the Kansas Statutes Annotated, and amendments thereto, applicable to
36 special committees shall apply to the joint committee on corrections and
37 juvenile justice oversight to the extent that the same do not conflict with
38 the specific provisions of this act applicable to the joint committee.
39 (i) In accordance with K.S.A. 46-1204 and amendments thereto, the
40 legislative coordinating council may provide for such professional services
41 as may be requested by the joint committee on corrections and juvenile
42 justice oversight.
43 (j) The joint committee on corrections and juvenile justice oversight
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1 may introduce such legislation as it deems necessary in performing its
2 functions.
3 (k) In addition to other powers and duties authorized or prescribed
4 by law or by the legislative coordinating council, the joint committee on
5 corrections and juvenile justice oversight shall:
6 (1) Monitor the inmate population and review and study the pro-
7 grams, activities and plans of the department of corrections regarding the
8 duties of the department of corrections that are prescribed by statute,
9 including the implementation of expansion projects, the operation of cor-
10 rectional, food service and other programs for inmates, community cor-
11 rections, parole and the condition and operation of the correctional in-
12 stitutions and other facilities under the control and supervision of the
13 department of corrections;
14 (2) monitor the establishment of the juvenile justice authority and
15 review and study the programs, activities and plans of the juvenile justice
16 authority regarding the duties of the juvenile justice authority that are
17 prescribed by statute, including the responsibility for the care, custody,
18 control and rehabilitation of juvenile offenders and the condition and
19 operation of the state juvenile correctional facilities under the control and
20 supervision of the juvenile justice authority;
21 (3) review and study the adult correctional programs and activities
22 and facilities of counties, cities and other local governmental entities,
23 including the programs and activities of private entities operating com-
24 munity correctional programs and facilities and the condition and oper-
25 ation of jails and other local governmental facilities for the incarceration
26 of adult offenders;
27 (4) review and study the juvenile offender programs and activities and
28 facilities of counties, cities, school districts and other local governmental
29 entities, including programs for the reduction and prevention of juvenile
30 crime and delinquency, the programs and activities of private entities
31 operating community juvenile programs and facilities and the condition
32 and operation of local governmental residential or custodial facilities for
33 the care, treatment or training of juvenile offenders;
34 (5) study the progress and results of the transition of powers, duties
35 and functions from the department of social and rehabilitation services,
36 office of judicial administration and department of corrections to the ju-
37 venile justice authority; and
38 (6) make an annual report to the legislative coordinating council as
39 provided in K.S.A. 46-1207, and amendments thereto, and such special
40 reports to committees of the house of representatives and senate as are
41 deemed appropriate by the joint committee.
42 (l) The provisions of this section shall expire on January 8, 2001.
43 Sec. 115. On and after July 1, 1997, K.S.A. 20-1a11, 21-2511, as
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1 amended by section 22 of chapter 229 of the 1996 Session Laws of Kansas,
2 21-3413, as amended by section 23 of chapter 229 of the 1996 Session
3 Laws of Kansas, 21-3611, as amended by section 24 of chapter 229 of the
4 1996 Session Laws of Kansas, 21-3612, as amended by section 25 of chap-
5 ter 229 of the 1996 Session Laws of Kansas, 22-4701, as amended by
6 section 27 of chapter 229 of the 1996 Session Laws of Kansas, 28-170, as
7 amended by section 28 of chapter 229 of the 1996 Session Laws of Kansas,
8 38-1604, as amended by section 42 of chapter 229 of the 1996 Session
9 Laws of Kansas, 38-1610, as amended by section 50 of chapter 229 of the
10 1996 Session Laws of Kansas, 38-1613, as amended by section 52 of chap-
11 ter 229 of the 1996 Session Laws of Kansas, 38-1614, as amended by
12 section 53 of chapter 229 of the 1996 Session Laws of Kansas, 38-1618,
13 as amended by section 59 of chapter 229 of the 1996 Session Laws of
14 Kansas, 38-1632, as amended by section 64 of chapter 229 of the 1996
15 Session Laws of Kansas, 38-1633, as amended by section 65 of chapter
16 229 of the 1996 Session Laws of Kansas, 38-1636, as amended by section
17 67 of chapter 229 of the 1996 Session Laws of Kansas, 38-1640, as
18 amended by section 71 of chapter 229 of the 1996 Session Laws of Kansas,
19 38-1661, as amended by section 79 of chapter 229 of the 1996 Session
20 Laws of Kansas, 38-1662, as amended by section 80 of chapter 229 of the
21 1996 Session Laws of Kansas, 38-1672, as amended by section 87 of chap-
22 ter 229 of the 1996 Session Laws of Kansas, 38-1674, as amended by
23 section 89 of chapter 229 of the 1996 Session Laws of Kansas, K.S.A. 38-
24 1681, as amended by section 93 of chapter 229 of the 1996 session laws
25 of Kansas, 38-1691, as amended by section 95 of chapter 229 of the 1996
26 Session Laws of Kansas, 38-16,111, as amended by section 97 of chapter
27 229 of the 1996 Session Laws of Kansas, 38-1801, 38-1802, 38-1803, 38-
28 1805, 38-1806, 38-1809, 38-1810, 38-1811, 40-1909, as amended by sec-
29 tion 110 of chapter 229 of the 1996 Session Laws of Kansas, 72-978, as
30 amended by section 120 of chapter 229 of the 1996 Session Laws of
31 Kansas, 74-5363, as amended by section 124 of chapter 229 of the 1996
32 Session Laws of Kansas, 75-5291, 76-2101, as amended by section 140 of
33 chapter 229 of the 1996 Session Laws of Kansas, 76-2101a, as amended
34 by section 141 of chapter 229 of the 1996 Session Laws of Kansas, 76-
35 2101b, as amended by section 142 of chapter 229 of the 1996 Session
36 Laws of Kansas, 76-2125, as amended by section 145 of chapter 229 of
37 the 1996 Session Laws of Kansas, 76-2128, as amended by section 146 of
38 chapter 229 of the 1996 Session Laws of Kansas, 76-2201, as amended
39 by section 147 of chapter 229 of the 1996 Session Laws of Kansas, 76-
40 2201a, as amended by section 148 of chapter 229 of the 1996 Session
41 Laws of Kansas, and 76-2219, as amended by section 149 of chapter 229
42 of the 1996 Session Laws of Kansas, and K.S.A. 1995 Supp. 38-1602, as
43 amended by section 41 of chapter 229 of the 1996 Session Laws of Kansas,
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1 38-1608, as amended by section 48 of chapter 229 of the 1996 Session
2 Laws of Kansas, 38-1611, as amended by section 51 of chapter 229 of the
3 1996 Session Laws of Kansas, 38-1635, as amended by section 66 of chap-
4 ter 229 of the 1996 Session Laws of Kansas, 38-1652, as amended by
5 section 73 of chapter 229 of the 1996 Session Laws of Kansas, 38-1663,
6 as amended by section 81 of chapter 229 of the 1996 Session Laws of
7 Kansas, 38-1668, as amended by section 85 of chapter 229 of the 1996
8 Session Laws of Kansas, 38-1671, as amended by section 86 of chapter
9 229 of the 1996 Session Laws of Kansas, 38-1673, as amended by section
10 88 of chapter 229 of the 1996 Session Laws of Kansas, 38-1675, as
11 amended by section 90 of chapter 229 of the 1996 Session Laws of Kansas,
12 and 38-1676, as amended by section 91 of chapter 229 of the 1996 Session
13 Laws of Kansas, 38-1692, as amended by section 96 of chapter 229 of the
14 1996 Session Laws of Kansas, 40-19c09, as amended by section 113 of
15 chapter 229 of the 1996 Session Laws of Kansas, 74-8810, as amended
16 by section 126 of chapter 229 of the 1996 Session Laws of Kansas, and
17 74-9501, as amended by section 127 of chapter 229 of the 1996 Session
18 Laws of Kansas, and K.S.A. 1996 Supp. 21-2511, 21-3413, 28-170, 38-
19 1507, 38-1508, 38-1522, 38-1613, 38-1614, 38-1640, 38-1692, 38-16,126,
20 38-16,128, 38-1804, 38-1807, 38-1808, 40-1909, 40-19c09, 72-89a02, 74-
21 8810, 75-2935, 75-2935b, 75-6102, 75-6104, 75-6801, 75-7007, 75-7008,
22 75-7009, 75-7010, 75-7021, 75-2023, 75-7024, 75-7025, 75-7026, 75-
23 7028, 76-6b04, 76-3201 and 79-4803 are hereby repealed.
24 Sec. 116. On and after January 1, 1998, K.S.A. 38-1604, as amended
25 by section 46 of this act, 38-1636, as amended by section 57 of this act,
26 38-1681, as amended by section 73 of this act, and 38-16,111, as amended
27 by section 77 of this act, and K.S.A. 1995 Supp. 38-1602, as amended by
28 section 44 of this act, and 38-1675, as amended by section 70 of this act,
29 are hereby repealed.
30 Sec. 117. On and after July 1, 1999, K.S.A. 1995 Supp. 38-1663, as
31 amended by section 63 of this act, and [K.S.A.] 38-1674, as amended by
32 section 68 of this act, are hereby repealed.
33 Sec. 118. This act shall take effect and be in force from and after its
34 publication in the Kansas register.