As Amended by House Committee
          
Session of 1999
         
HOUSE BILL No. 2201
         
By Committee on Education
          
2-1
          
10             AN  ACT concerning juveniles and juvenile offenders; relating to offenses
11             committed at school; amending K.S.A. 22-2802 and K.S.A. 1998 Supp.
12             22-2901, 38-1624, 38-1632, 38-1640 and 72-89b03 and repealing the
13             existing sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 22-2802 is hereby amended to read as follows: 22-
17       2802. (1) Any person charged with a crime shall, at the person's first
18       appearance before a magistrate, be ordered released pending preliminary
19       examination or trial upon the execution of an appearance bond in an
20       amount specified by the magistrate and sufficient to assure the appear-
21       ance of such person before the magistrate when ordered and to assure
22       the public safety. If the person is being bound over for a felony, the bond
23       shall also be conditioned on the person's appearance in the district court
24       or by way of a two-way electronic audio-video communication as provided
25       in subsection (11) (12) at the time required by the court to answer the
26       charge against such person and at any time thereafter that the court re-
27       quires. The magistrate may impose such of the following additional con-
28       ditions of release as will reasonably assure the appearance of the person
29       for preliminary examination or trial:
30             (a) Place the person in the custody of a designated person or organ-
31       ization agreeing to supervise such person;
32             (b) place restrictions on the travel, association or place of abode of
33       the person during the period of release;
34             (c) impose any other condition deemed reasonably necessary to as-
35       sure appearance as required, including a condition requiring that the
36       person return to custody during specified hours; or
37             (d) place the person under a house arrest program pursuant to K.S.A.
38       21-4603b, and amendments thereto.
39             (2) In addition to any conditions of release provided in subsection (1),
40       for any person charged with a felony, the magistrate may order such
41       person to submit to a drug abuse examination and evaluation in a public
42       or private treatment facility or state institution and, if determined by the
43       head of such facility or institution that such person is a drug abuser or

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  1       incapacitated by drugs, to submit to treatment for such drug abuse, as a
  2       condition of release.
  3             (3) In addition to any conditions of release provided in subsection (1),
  4       for any person charged with a violation of K.S.A. 21-4201, and amend-
  5       ments thereto, committed while on school property or at school supervised
  6       event, or with a violation of subsection (a)(5) of K.S.A. 21-4204, and
  7       amendments thereto, the magistrate shall order such person to submit to
  8       a psychological evaluation in a public or private facility or state institution
  9       and if determined by the head of such facility or institution that such
10       person is a danger to self or others, to submit the treatment or counseling,
11       as a condition of release.
12             (3) (4) The appearance bond shall be executed with sufficient solvent
13       sureties who are residents of the state of Kansas, unless the magistrate
14       determines, in the exercise of such magistrate's discretion, that requiring
15       sureties is not necessary to assure the appearance of the person at the
16       time ordered.
17             (4) (5) A deposit of cash in the amount of the bond may be made in
18       lieu of the execution of the bond by sureties.
19             (5) (6) In determining which conditions of release will reasonably
20       assure appearance and the public safety, the magistrate shall, on the basis
21       of available information, take into account the nature and circumstances
22       of the crime charged; the weight of the evidence against the defendant;
23       the defendant's family ties, employment, financial resources, character,
24       mental condition, length of residence in the community, record of con-
25       victions, record of appearance or failure to appear at court proceedings
26       or of flight to avoid prosecution; the likelihood or propensity of the de-
27       fendant to commit crimes while on release, including whether the de-
28       fendant will be likely to threaten, harass or cause injury to the victim of
29       the crime or any witnesses thereto; and whether the defendant is on
30       probation or parole from a previous offense at the time of the alleged
31       commission of the subsequent offense.
32             (6) (7) The appearance bond shall set forth all of the conditions of
33       release.
34             (7) (8) A person for whom conditions of release, other than the con-
35       dition of release required under subsection (3), are imposed and who
36       continues to be detained as a result of the person's inability to meet the
37       conditions of release shall be entitled, upon application, to have the con-
38       ditions reviewed without unnecessary delay by the magistrate who im-
39       posed them. If the magistrate who imposed conditions of release is not
40       available, any other magistrate in the county may review such conditions.
41             (8) (9) A magistrate ordering the release of a person on any conditions
42       specified in this section may at any time amend the order to impose
43       additional or different conditions of release. If the imposition of additional

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  1       or different conditions results in the detention of the person, the provi-
  2       sions of subsection (7) (8) shall apply.
  3             (9) (10) Statements or information offered in determining the con-
  4       ditions of release need not conform to the rules of evidence. No statement
  5       or admission of the defendant made at such a proceeding shall be received
  6       as evidence in any subsequent proceeding against the defendant.
  7             (10) (11) The appearance bond and any security required as a con-
  8       dition of the defendant's release shall be deposited in the office of the
  9       magistrate or the clerk of the court where the release is ordered. If the
10       defendant is bound to appear before a magistrate or court other than the
11       one ordering the release, the order of release, together with the bond
12       and security shall be transmitted to the magistrate or clerk of the court
13       before whom the defendant is bound to appear.
14             (11) (12) Proceedings before a magistrate as provided in this section
15       to determine the release conditions of a person charged with a crime
16       including release upon execution of an appearance bond may be con-
17       ducted by two-way electronic audio-video communication between the
18       defendant and the judge in lieu of personal presence of the defendant or
19       defendant's counsel in the courtroom in the discretion of the court. The
20       defendant may be accompanied by the defendant's counsel. The defend-
21       ant shall be informed of the defendant's right to be personally present in
22       the courtroom during such proceeding if the defendant so requests. Ex-
23       ercising the right to be present shall in no way prejudice the defendant.
24             Sec.  2. K.S.A. 1998 Supp. 22-2901 is hereby amended to read as
25       follows: 22-2901. (1) Except as provided in subsection (7), when an arrest
26       is made in the county where the crime charged is alleged to have been
27       committed, the person arrested shall be taken without unnecessary delay
28       before a magistrate of the court from which the warrant was issued. If
29       the arrest has been made on probable cause, without a warrant, he shall
30       be taken without unnecessary delay before the nearest available magis-
31       trate and a complaint shall be filed forthwith.
32             (2) Except as provided in subsection (7), when an arrest is made in a
33       county other than where the crime charged is alleged to have been com-
34       mitted, the person arrested may be taken directly to the county wherein
35       the crime is alleged to have been committed without unnecessary delay
36       or at the request of the defendant he shall be taken without unnecessary
37       delay before the nearest available magistrate. Such magistrate shall as-
38       certain the nature of the crime charged in the warrant and the amount
39       of the bond, if any, endorsed on the warrant. If no warrant for the arrest
40       of the person is before the magistrate he shall make use of telephonic,
41       telegraphic or radio communication to ascertain the nature of the charge
42       and the substance of any warrant that has been issued. If no warrant has
43       been issued, a complaint shall be filed and a warrant issued in the county

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  1       where the crime is alleged to have been committed, and the nature of
  2       the charge, the substance of the warrant, and the amount of the bond
  3       shall be communicated to the magistrate before whom the defendant is
  4       in custody. Upon receipt of such information, the magistrate shall proceed
  5       as hereinafter provided.
  6             (3) The magistrate shall fix the terms and conditions of the appear-
  7       ance bond upon which the defendant may be released. If the first ap-
  8       pearance is before a magistrate in a county other than where the crime
  9       is alleged to have been committed, the magistrate may release the de-
10       fendant on an appearance bond in an amount not less than that endorsed
11       on the warrant. The defendant shall be required to appear before the
12       magistrate who issued the warrant or a magistrate of a court having ju-
13       risdiction on a day certain, not more than 10 days thereafter.
14             (4) If the defendant is released on an appearance bond to appear
15       before the magistrate in another county, the magistrate who accepts the
16       appearance bond shall forthwith transmit such appearance bond and all
17       other papers relating to the case to the magistrate before whom the de-
18       fendant is to appear.
19             (5) If the person arrested cannot provide an appearance bond, or if
20       the crime is not bailable, the magistrate shall commit him to jail pending
21       further proceedings or shall order him delivered to a law enforcement
22       officer of the county where the crime is alleged to have been committed.
23             (6) The provisions of this section shall not apply to a person who is
24       arrested on a bench warrant. Such persons shall without unnecessary
25       delay be taken before the magistrate who issued the bench warrant.
26             (7) If a person is arrested on a warrant or arrested on probable cause
27       without a warrant, pursuant to a violation of subsection (a)(1)(C) of K.S.A.
28       21-3721, and amendments thereto, such person shall not be allowed to
29       post bond pending such person's first appearance in court provided that
30       a first appearance occurs within 48 hours after arrest. The magistrate may
31       fix as a condition of release on the appearance bond that such person
32       report to a court services officer. Nothing in this section shall be con-
33       strued to be an unnecessary delay as such term is used in this section.
34             (8) If a person is arrested on a warrant or arrested on probable cause
35       without a warrant pursuant to an alleged violation of K.S.A. 21-4201, and
36       amendments thereto, committed while on any school property or at a
37       school supervised activity, or an alleged violation of subsection (a)(5) of
38       K.S.A. 21-4204, and amendments thereto, such person shall not be allowed
39       to post bond pending such person's first appearance in court provided
40       that a first appearance occurs within 48 hours after arrest. Nothing in
41       this section shall be construed to be an unnecessary delay as such term is
42       used in this section.
43             Sec.  3. K.S.A. 1998 Supp. 38-1624 is hereby amended to read as

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  1       follows: 38-1624. (a) By a law enforcement officer. A law enforcement
  2       officer may take an alleged juvenile offender into custody when:
  3             (1) Any offense has been or is being committed by the juvenile in the
  4       officer's view;
  5             (2) the officer has a warrant commanding that the juvenile be taken
  6       into custody;
  7             (3) the officer has probable cause to believe that a warrant or order
  8       commanding that the juvenile be taken into custody has been issued in
  9       this state or in another jurisdiction for an act committed therein;
10             (4) the officer has probable cause to believe that the juvenile is com-
11       mitting or has committed an act which, if committed by an adult, would
12       constitute:
13             (A) A felony; or
14             (B) a misdemeanor and (i) the juvenile will not be apprehended or
15       evidence of the offense will be irretrievably lost unless the juvenile is
16       immediately taken into custody or (ii) the juvenile may cause injury to
17       self or others or damage to property or may be injured unless immediately
18       taken into custody; or
19             (5) the officer has probable cause to believe that the juvenile has
20       violated an order for electronic monitoring as a term of probation.; or
21             (6) the officer has received a report made to a law enforcement agency
22       pursuant to subsection (f) of K.S.A. 1998 Supp. 72-89a02, and amend-
23       ments thereto, or subsection (b)(1) of K.S.A. 1998 Supp. 72-89b03, and
24       amendments thereto, that a juvenile has been in possession of a weapon
25       at school, on school property, or at a school supervised activity, the law
26       enforcement agency has caused an investigation to be made to determine
27       whether there is probable cause to believe that the juvenile committed an
28       act which, if committed by an adult, would constitute a violation of K.S.A.
29       21-4201, and amendments thereto, or subsection (a)(5) of K.S.A.21-4204,
30       and amendments thereto, and such a determination of probable cause is
31       made.
32             (b) By a court services officer. A court services officer may take a
33       juvenile into custody when there is a warrant commanding that the ju-
34       venile be taken into custody, when the court services officer has probable
35       cause to believe that a warrant or order commanding that the juvenile be
36       taken into custody has been issued in this state or in another jurisdiction
37       for an act committed therein or when there is probable cause to believe
38       that the juvenile has violated an order for electronic monitoring as a term
39       of probation.
40             (c) Procedure.  (1) When any law enforcement officer takes an al-
41       leged juvenile offender into custody, the juvenile shall be taken without
42       unnecessary delay to an intake and assessment worker if an intake and
43       assessment program exists in the jurisdiction, or before the court for pro-

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  1       ceedings in accordance with this code or, if the court is not open for the
  2       regular conduct of business, to a court services officer, a juvenile intake
  3       and assessment worker, a juvenile detention facility or youth residential
  4       facility which the court or the commissioner shall have designated. The
  5       officer shall not take the juvenile to a juvenile detention facility unless
  6       the juvenile meets one or more of the criteria listed in K.S.A. 38-1640,
  7       and amendments thereto. Even if the juvenile meets one or more of such
  8       criteria, the officer shall first consider whether taking the juvenile to an
  9       available nonsecure facility is more appropriate.
10             (2) It shall be the duty of the officer to furnish the county or district
11       attorney or the juvenile intake and assessment worker if the officer has
12       delivered such juvenile to the worker, with all of the information in the
13       possession of the officer pertaining to the juvenile; the juvenile's parents,
14       or other persons interested in or likely to be interested in the juvenile;
15       and all other facts and circumstances which caused the juvenile to be
16       arrested or taken into custody.
17             (3)  (A) When the juvenile is less than 14 years of age, no in-custody
18       or arrest admission or confession resulting from interrogation may be
19       admitted into evidence unless the confession or admission was made fol-
20       lowing a consultation between the juvenile and the juvenile's parents,
21       guardian or attorney as to whether the juvenile will waive such juvenile's
22       right to an attorney and right against self-incrimination. It shall be the
23       duty of the facility where the juvenile has been delivered to make a rea-
24       sonable effort to contact the parent or guardian immediately upon such
25       juvenile's arrival unless such parent or guardian is the alleged victim or
26       alleged co-defendant of the crime under investigation.
27             (B) When a parent or guardian is the alleged victim or alleged co-
28       defendant of the crime under investigation and the juvenile is less than
29       14 years of age, no in-custody or arrest admission or confession may be
30       admitted into evidence unless the confession or admission was made fol-
31       lowing a consultation between the juvenile and a parent or guardian who
32       is not involved in the investigation of the crime, or an attorney as to
33       whether the juvenile will waive such juvenile's right to an attorney and
34       right against self-incrimination. It shall be the duty of the facility where
35       the juvenile has been delivered to make reasonable effort to contact a
36       parent or guardian who is not involved in the investigation of the crime
37       immediately upon such juvenile's arrival.
38             (d) Release prior to detention hearing. In the absence of a court order
39       to the contrary, and except when the juvenile is taken into custody for
40       alleged violation of K.S.A. 21-4201, and amendments thereto, or subsec-
41       tion (a)(5) of K.S.A. 21-4204, and amendments thereto, the court or of-
42       ficials designated by the court, the county or district attorney or the law
43       enforcement agency taking a juvenile into custody shall have the authority

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  1       to direct the release of the juvenile prior to the time specified by subsec-
  2       tion (a) of K.S.A. 38-1632 and amendments thereto. In addition, if an
  3       agreement is established pursuant to K.S.A. 38-1635, and amendments
  4       thereto, a juvenile intake and assessment worker shall have the authority
  5       to direct the release of a juvenile prior to a detention hearing after the
  6       completion of the intake and assessment process if the juvenile intake
  7       and assessment worker has reason to believe that if released the juvenile
  8       will appear for further proceedings and will not be dangerous to self or
  9       others.
10             (e) Person 18 or over taken into custody; detention and release.
11       Whenever a person 18 years of age or more is taken into custody by a
12       law enforcement officer for an alleged offense which was committed prior
13       to the time the person reached the age of 18, the officer shall notify and
14       refer the matter to the court for proceedings pursuant to this code, except
15       that the provisions of this code relating to detention hearings shall not
16       apply to that person. If detention is necessary, the person shall be de-
17       tained in jail. Unless the law enforcement officer took the person into
18       custody pursuant to a warrant issued by the court and the warrant spec-
19       ifies the amount of bond or indicates that the person may be released on
20       personal recognizance, the person shall be taken before the court of the
21       county where the alleged act took place or, at the request of the person,
22       the person shall be taken, without delay, before the nearest court. The
23       court shall fix the terms and conditions of an appearance bond upon which
24       the person may be released from custody. The provisions of article 28 of
25       chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and
26       amendments thereto relating to appearance bonds and review of condi-
27       tions and release shall be applicable to appearance bonds provided for in
28       this section.
29             Sec.  4. K.S.A. 1998 Supp. 38-1632 is hereby amended to read as
30       follows: 38-1632. (a) Length of detention. (1) Whenever an alleged juve-
31       nile offender is taken into custody and is thereafter taken before the court
32       or to a juvenile detention facility or youth residential facility designated
33       by the court, the juvenile shall not remain detained for more than 48
34       hours, excluding Saturdays, Sundays and legal holidays, from the time the
35       initial detention was imposed, unless the court determines after hearing,
36       within the 48-hour period, that further detention is necessary.
37             (2) If a juvenile is detained in jail pursuant to subsection (b) of K.S.A.
38       38-1691 and amendments thereto, the detention hearing required by this
39       section shall be held within 24 hours after the juvenile is taken into
40       custody.
41             (b) Waiver of detention hearing. The right of a juvenile to a detention
42       hearing may be waived if the juvenile and the attorney for the juvenile
43       consent in writing to waive the right to a detention hearing and the judge

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  1       approves the waiver. Whenever the right to a detention hearing has been
  2       waived, the juvenile, the attorney for the juvenile or the juvenile's parents
  3       may reassert the right at any time not less than 48 hours prior to the time
  4       scheduled for trial by submitting a written request to the judge. Upon
  5       request, the judge shall immediately set the time and place for the hear-
  6       ing, which shall be held not more than 48 hours after the receipt of the
  7       request excluding Saturdays, Sundays and legal holidays.
  8             (c) Notice of hearing. Whenever it is determined that a detention
  9       hearing is required the court shall immediately set the time and place for
10       the hearing. Except as otherwise provided by subsection (b)(1) of K.S.A.
11       38-1691 and amendments thereto, notice of the detention hearing shall
12       be given at least 24 hours prior to the hearing, unless waived, and shall
13       be in substantially the following form:
14      
(Name of Court)
15       (Caption of Case)
16      
NOTICE OF DETENTION HEARING
17       TO:
18      
(Juvenile)
19      
20      
(Father)
21      
22      
(Mother)
23      
24      
25      
(Other having custody-
relationship)
(Address)
26           On ______________________ , ________ , 19__, at __o'clock __m. there will be a hearing
27                (day)
28                            (date)
29       for the court to determine if there is a need for further detention of the above named
30       juvenile. Each parent or other person having legal custody of the juvenile should be present
31       at the hearing which will be held at ________.
32           You have the right to hire an attorney to represent the above juvenile. Upon failure to
33       hire an attorney the court will appoint an attorney for the juvenile and the juvenile, parent
34       or other person having legal custody of the juvenile may be required to repay the court for
35       the expense of the appointed attorney. The court may order one or both parents to pay child
36       support.
37       Date: ________, 19__
38      
Clerk of the District Court
39      
by ________________
40                   (Seal)
41      
REPORT OF SERVICE
42           I certify that I have delivered a true copy of the above notice on the persons above named
43       in the manner and at the times indicated below:
44      
Name
Location of Service
Manner of Service
Date
Time
45      
(other than above)

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1      
2      
  3       Date Returned: ________, 19__
  4       ____________________   
  5                                                 (Signature   
  6       ____________________   
  7                                                 (Title)   
  8           (d) Oral notice. When there is insufficient time to give written notice,
  9       oral notice may be given and is completed upon filing a certificate of oral
10       notice with the clerk in substantially the following form:
11      
(Name of Court)
12       (Caption of Case)
13      
CERTIFICATE OF ORAL NOTICE OF DETENTION HEARING
14           I gave oral notice that the court will hold a hearing at ____o'clock __m. on _____________________ ,
15       19__, to the persons listed, in the manner and at the times indicated below:
16      
17      
Name
Relationship
Date
Time
Method of Communication
(in person or telephone)
18      
19      
20       I advised each of the above named persons that:
21       (1) The hearing is to determine if the above named juvenile shall be detained;
22       (2) each parent or person having legal custody should be present at the hearing;
23       (3) they have the right to hire an attorney of their own choice for the juvenile;
24       (4) if an attorney is not hired, the court will appoint an attorney for the juvenile;
25       (5) the juvenile, parent or other person having custody of the juvenile may be required to
26               repay the court for the expense of the appointed attorney; and
27       (6) the court may order one or both parents to pay child support.
28                                                                                                 _________________________________________________
29                                                                                                
(Signature)
30                                                                                                 __________________________________________________
31                                                                                                
(Name Printed)
32                                                                                                 __________________________________________________
33                                                                                                
(Title)
34        (e) Hearing, finding, bond. At the time set for the detention hearing
35       if no retained attorney is present to represent the juvenile, the court shall
36       appoint an attorney for the juvenile, and may recess the hearing for 24
37       hours to obtain attendance of the attorney appointed unless the juvenile
38       is detained in jail pursuant to subsection (b)(1) of K.S.A. 38-1691 and
39       amendments thereto. At the detention hearing, if the court finds the
40       juvenile is dangerous to self or others, the juvenile may be detained in a
41       juvenile detention facility or youth residential facility which the court shall
42       designate. If the juvenile is being detained pursuant to a report made
43       under subsection (f) of K.S.A. 1998 Supp. 72-89a02, and amendments
44       thereto, or under subsection (b)(1) of K.S.A. 1998 Supp. 72-89b03, and

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  1       amendments thereto, that the juvenile has been in possession of a weapon
  2       at school, on school property, or at a school supervised activity, the court
  3       shall order detention of the juvenile in the juvenile detention facility or
  4       youth residential facility for not more than 72 hours, during which time
  5       the juvenile shall receive a psychological evaluation to determine whether
  6       the juvenile presents a risk to the physical safety of self or others. A report
  7       shall be furnished to the court within the 72-hour period. If the results of
  8       the report are that the juvenile does present a risk to the physical safety
  9       of self or others, the court shall order continued detention of the juvenile
10       in a juvenile detention facility or youth residential facility pending the
11       outcome of adjudication, and may also order counseling or treatment dur-
12       ing such period of detention. Any person required to make a finding re-
13       garding risk to safety hereunder shall be immune from civil liability for
14       any good-faith conduct under this subsection. If the court finds the ju-
15       venile is not likely to appear for further proceedings, the juvenile may be
16       detained in a juvenile detention facility or youth residential facility which
17       the court shall designate or may be released upon the giving of an ap-
18       pearance bond in an amount specified by the court and on the conditions
19       the court may impose, in accordance with the applicable provisions of
20       article 28 of chapter 22 of the Kansas Statutes Annotated and amend-
21       ments thereto. In the absence of either finding any of these circum-
22       stances, the court shall order the juvenile released or placed in temporary
23       custody as provided in subsection (f).
24             In determining whether to place a juvenile in a juvenile detention fa-
25       cility pursuant to this subsection, the court shall consider all relevant
26       factors, including but not limited to the criteria listed in K.S.A. 38-1640
27       and amendments thereto. If the court orders the juvenile to be detained
28       in a juvenile detention facility, the court shall record the specific findings
29       of fact upon which the order is based.
30             If detention is ordered and the parent was not notified of the hearing
31       and did not appear and later requests a rehearing, the court shall rehear
32       the matter without unnecessary delay.
33             (f) Temporary custody. If the court determines that it is not necessary
34       to detain the juvenile but finds that release to the custody of a parent is
35       not in the best interests of the juvenile, the court may place the juvenile
36       in the temporary custody of a youth residential facility, the commissioner
37       or some other suitable person willing to accept temporary custody.
38             (g) Audio-video communications. Detention hearings may be con-
39       ducted by two-way electronic audio-video communication between the
40       alleged juvenile offender and the judge in lieu of personal presence of
41       the juvenile or the juvenile's counsel in the courtroom from any location
42       within Kansas in the discretion of the court. The juvenile may be accom-
43       panied by the juvenile's counsel during such proceedings or counsel may

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  1       be personally present in court as long as a means of communication be-
  2       tween the juvenile and the juvenile's counsel is available for consultation
  3       between the juvenile and the juvenile's counsel in confidence.
  4             Sec.  5. K.S.A. 1998 Supp. 38-1640 is hereby amended to read as
  5       follows: 38-1640. (a) The following are criteria for determining whether
  6       to place a juvenile in a juvenile detention facility pursuant to subsection
  7       (c) of K.S.A. 38-1624 or subsection (e) of K.S.A. 38-1632, and amend-
  8       ments thereto:
  9             (1) There is oral or written verification that the juvenile is a fugitive
10       sought for an offense in another jurisdiction or that the juvenile is cur-
11       rently an escapee from a juvenile detention facility.
12             (2) The juvenile is alleged to have committed an offense which if
13       committed by an adult would constitute a class A, B or C felony if com-
14       mitted prior to July 1, 1993, or would constitute an off-grid felony, a
15       nondrug severity level 1, 2, 3, 4 or 5 felony or drug level 1, 2 or 3 felony
16       if committed on or after July 1, 1993, or would constitute a crime de-
17       scribed in article 35 of chapter 21 of the Kansas Statutes Annotated.
18             (3) The juvenile is awaiting court action on another offense which if
19       committed by an adult would constitute a felony.
20             (4) The juvenile has a record of failure to appear in court or there is
21       probable cause to believe that the juvenile will flee the jurisdiction of the
22       court.
23             (5) The juvenile has a history of violent behavior toward others.
24             (6) The juvenile exhibited seriously assaultive or destructive behavior
25       at the time of being taken into custody and continued such behavior after
26       taken into custody.
27             (7) The juvenile exhibited self-destructive behavior at the time of
28       being taken into custody and continued such behavior after taken into
29       custody.
30             (8) The juvenile has a record of adjudication or conviction of one or
31       more offenses which if committed by an adult would constitute felonies.
32             (9) The juvenile is a juvenile offender who has been expelled from
33       placement in a nonsecure facility as a result of the current alleged offense.
34             (10) The juvenile is alleged to have committed an offense which if
35       committed by an adult would constitute a violation of K.S.A. 21-4201, and
36       amendments thereto, or subsection (a)(5) of K.S.A. 21-4204, and amend-
37       ments thereto.
38             (b) No person 18 years of age or more shall be placed in a juvenile
39       detention center.
40             (c) This section shall be part of and supplemental to the Kansas ju-
41       venile justice code.
42             Sec.  6. K.S.A. 1998 Supp. 72-89b03 is hereby amended to read as
43       follows: 72-89b03. (a) School employees with knowledge that a pupil is a

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  1       pupil specified in this subsection shall inform administrators and admin-
  2       istrators with knowledge that a pupil is a pupil specified in this subsection
  3       shall inform all other school employees of the following:
  4             (1) The identity of any pupil who has been expelled as provided by
  5       subsection (c) of K.S.A. 72-8901 and amendments thereto for conduct
  6       which endangers the safety of others;
  7             (2) the identity of any pupil who has been expelled as provided by
  8       subsection (d) of K.S.A. 72-8901 and amendments thereto;
  9             (3) the identity of any pupil who has been expelled under a policy
10       adopted pursuant to K.S.A. 1998 Supp. 72-89a02 and amendments
11       thereto;
12             (4) the identity of any pupil who has been adjudged to be a juvenile
13       offender and whose offense, if committed by an adult, would constitute
14       a felony under the laws of Kansas or the state where the offense was
15       committed, except that this subsection shall not apply to an adjudication
16       as a juvenile offender involving a felony theft offense involving no direct
17       threat to human life; and
18             (5) the identity of any pupil who has been tried and convicted as an
19       adult of any felony, except that this subsection shall not apply to any felony
20       conviction of theft involving no direct threat to human life.
21             (b) Each board of education shall adopt a policy that includes:
22             (1) A requirement that an immediate report be made to the appro-
23       priate state or local law enforcement agency by or on behalf of any school
24       employee who knows or has reason to believe reasonably suspects that
25       an act has been committed at school, on school property, or at a school
26       supervised activity and that the act involved conduct which constitutes
27       the commission of a felony or misdemeanor could cause physical injury
28       to the school employee or others constitutes the commission of a felony
29       or misdemeanor or which involves the possession, use or disposal of
30       explosives, firearms or other weapons; and
31             (2) the procedures for making such a report.
32             (c) Administrators and other school employees shall not be subject
33       to the provisions of subsection (b) of K.S.A. 1998 Supp. 72-89b04 and
34       amendments thereto if:
35             (1) They follow the procedures from a policy adopted pursuant to the
36       provisions of subsection (b); or
37             (2) their board of education fails to adopt such policy.
38             (d) Each board of education shall annually compile and report to the
39       state board of education at least the following information relating to
40       school safety and security: The types and frequency of criminal acts that
41       are required to be reported pursuant to the provisions of subsection (b),
42       disaggregated by occurrences at school, on school property and at school
43       supervised activities. The report shall be incorporated into and become

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  1       part of the current report required under the quality performance ac-
  2       creditation system.
  3             (e) Each board of education shall make available to pupils and their
  4       parents, to school employees and, upon request, to others, district policies
  5       and reports concerning school safety and security, including those re-
  6       quired by this subsection, except that the provisions of this subsection
  7       shall not apply to the disclosures required pursuant to subsection (a).
  8             (f) Nothing in this section shall be construed or operate in any man-
  9       ner so as to prevent any school employee from reporting criminal acts to
10       school officials and to appropriate state and local law enforcement agen-
11       cies.
12             (g) The state board of education shall extract the information relating
13       to school safety and security from the quality performance accreditation
14       report and transmit the information to the governor, the legislature, the
15       attorney general, the secretary of health and environment, and the sec-
16       retary of social and rehabilitation services.
17             (h) No board of education and no member of any such board shall
18       be liable for damages in a civil action for the actions or omissions of any
19       administrator pursuant to the requirements and provisions of the Kansas
20       school safety and security act and to this end such board and members
21       thereof shall have immunity from civil liability related thereto. No ad-
22       ministrator or school employee shall be liable for damages in a civil action
23       for the actions or omissions of such administrator or school employee
24       pursuant to the requirements and provisions of the Kansas school safety
25       and security act and to this end such administrator or school employee
26       shall have immunity from civil liability related thereto. 
27       Sec.  7. K.S.A. 22-2802 and K.S.A. 1998 Supp. 22-2901, 38-1624, 38-
28       1632, 38-1640 and 72-89b03 are hereby repealed.
29        Sec.  8. This act shall take effect and be in force from and after its
30       publication in the statute book.