Session of 1999
         
HOUSE BILL No. 2437
         
By Representatives Sharp, Burroughs, Cox, Crow, Gilbert, Haley, Hen-
          
derson, M. Long, Reardon, Rehorn, Spangler and Toelkes
          
2-10
          
10             AN  ACT concerning juvenile offenders; jurisdiction; placement matrix;
11             amending K.S.A. 1998 Supp. 38-1604, 38-16,129, 38-16,130 and 38-
12             16,131 and repealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 38-1604 is hereby amended to read as
16       follows: 38-1604. (a) Except as provided in K.S.A. 38-1636, and amend-
17       ments thereto, proceedings concerning a juvenile who appears to be a
18       juvenile offender shall be governed by the provisions of this code.
19             (b) The district court shall have original jurisdiction to receive and
20       determine proceedings under this code.
21             (c) When jurisdiction is acquired by the district court over an alleged
22       juvenile offender it may continue until: (1) Sixty days after sentencing, if
23       the juvenile is committed directly to a juvenile correctional facility; (2)
24       the juvenile has attained the age of 23 years, if committed to the custody
25       of the commissioner pursuant to subsection (c) of K.S.A. 38-1665, and
26       amendments thereto, unless an adult sentence is imposed pursuant to an
27       extended jurisdiction juvenile prosecution. If such adult sentence is im-
28       posed, jurisdiction shall continue until discharged by the court or other
29       process for the adult sentence; (3) the juvenile has been discharged by
30       the court; or (4) the juvenile has been discharged under the provisions of
31       K.S.A. 38-1675, and amendments thereto.
32             (d) Effective July 1, 1999, if a juvenile is adjudicated a juvenile of-
33       fender and has previously been adjudicated a child in need of care, the
34       Kansas juvenile justice code shall apply to such juvenile and the Kansas
35       code for care of children shall suspend during the time of jurisdiction
36       pursuant to the Kansas juvenile justice code. Prior to July 1, 1999, the
37       court may apply the provisions of either code to a juvenile adjudicated
38       under both codes. Nothing in this subsection shall preclude such juvenile
39       offender from accessing services provided by the department of social
40       and rehabilitation services or any other state agency if such juvenile is
41       eligible for such services.
42             (e) The provisions of this code shall govern with respect to offenses
43       committed on or after July 1, 1997.

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  1             Sec.  2. K.S.A. 1998 Supp. 38-16,129 is hereby amended to read as
  2       follows: 38-16,129. On and after July 1, 1999 2000: (a) For the purpose
  3       of sentencing juvenile offenders, the following placements may be applied
  4       by the judge in felony or misdemeanor cases for offenses committed on
  5       or after July 1, 1999 2000. If used, the court shall establish a specific term
  6       of commitment.
  7             (1) Violent Offenders. (A) The violent offender I is defined as an
  8       offender adjudicated as a juvenile offender for an offense which, if com-
  9       mitted by an adult, would constitute an off-grid felony. Offenders in this
10       category may be committed to a juvenile correctional facility for a mini-
11       mum term of 60 months and up to a maximum term of the offender
12       reaching the age of 22 years, six months. The aftercare term for this
13       offender is set at a minimum term of six months and up to a maximum
14       term of the offender reaching the age of 23 years.
15             (B) The violent offender II is defined as an offender adjudicated as
16       a juvenile offender for an offense which, if committed by an adult, would
17       constitute a nondrug level 1, 2 or 3 felony. Offenders in this category may
18       be committed to a juvenile correctional facility for a minimum term of
19       24 months and up to a maximum term of the offender reaching the age
20       22 years, six months. The aftercare term for this offender is set at a min-
21       imum term of six months and up to a maximum term of the offender
22       reaching the of age 23 years.
23             (2) Serious Offenders. (A) The serious offender I is defined as an
24       offender adjudicated as a juvenile offender for an offense which, if com-
25       mitted by an adult, would constitute a nondrug severity level 4, 5 or 6
26       person felony or a severity level 1 or 2 drug felony. Offenders in this
27       category may be committed to a juvenile correctional facility for a mini-
28       mum term of 18 months and up to a maximum term of 36 months. The
29       aftercare term for this offender is set at a minimum term of six months
30       and up to a maximum term of 24 months.
31             (B) The serious offender II is defined as an offender adjudicated as
32       a juvenile offender for an offense which, if committed by an adult, would
33       constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
34       prior felony adjudication. Offenders in this category may be committed
35       to a juvenile correctional facility for a minimum term of nine months and
36       up to a maximum term of 18 months. The aftercare term for this offender
37       is set at a minimum term of six months and up to a maximum term of 24
38       months.
39             (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
40       defined as an offender adjudicated as a juvenile offender for an offense
41       which, if committed by an adult, would constitute:
42             (i) One present nonperson felony adjudication and two prior felony
43       adjudications; or

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  1             (ii) one present severity level 3 drug felony adjudication and two prior
  2       felony adjudications.
  3             Offenders in this category may be committed to a juvenile correctional
  4       facility for a minimum term of six months and up to a maximum term of
  5       18 months. The aftercare term for this offender is set at a minimum term
  6       of six months and up to a maximum term of 12 months.
  7             (B) The chronic offender II, escalating felon is defined as an offender
  8       adjudicated as a juvenile offender for an offense which, if committed by
  9       an adult, would constitute:
10             (i) One present felony adjudication and two prior misdemeanor
11       adjudications;
12             (ii) one present felony adjudication and two prior severity level 4 drug
13       adjudications;
14             (iii) one present severity level 3 drug felony adjudication and two
15       prior misdemeanor adjudications; or
16             (iv) one present severity level 3 drug felony adjudication and two
17       prior severity level 4 drug adjudications.
18             Offenders in this category may be committed to a juvenile correctional
19       facility for a minimum term of six months and up to a maximum term of
20       18 months. The aftercare term for this offender is set at a minimum term
21       of six months and up to a maximum term of 12 months.
22             (C) The chronic offender III, escalating misdemeanant is defined as
23       an offender adjudicated as a juvenile offender for an offense which, if
24       committed by an adult, would constitute:
25             (i) One present misdemeanor adjudication and two prior misde-
26       meanor adjudications and two out-of-home placement failures;
27             (ii) one present misdemeanor adjudication and two prior severity
28       level 4 drug felony adjudications and two out-of-home placement failures;
29             (iii) one present severity level 4 drug felony adjudication and two
30       prior misdemeanor adjudications and two out-of-home placement fail-
31       ures; or
32             (iv) one present severity level 4 drug felony adjudication and two
33       prior severity level 4 felony adjudications and two out-of-home placement
34       failures.
35             Offenders in this category may be committed to a juvenile correctional
36       facility for a minimum term of three months and up to a maximum term
37       of six months. The aftercare term for this offender is set at a minimum
38       term of three months and up to a maximum term of six months.
39             (4) Conditional Release Violators. Conditional release violators may
40       be committed to a juvenile correctional facility, youth residential facility,
41       juvenile detention facility, institution, a sanctions house or to other ap-
42       propriate community placement for a minimum term of three months
43       and up to a maximum term of six months. The aftercare term for this

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  1       offender is set at a minimum term of two months and up to a maximum
  2       term of six months, or the maximum term of the original aftercare term,
  3       whichever is longer.
  4             (b) As used in this section: (1) "Placement failure" means a juvenile
  5       offender has been placed out-of-home on probation in a community
  6       placement accredited by the commissioner in a juvenile offender case
  7       and the offender has violated significantly the terms of probation in that
  8       case.
  9             (2) "Adjudication" includes out-of-state juvenile adjudications. An
10       out-of-state offense which if committed by an adult would constitute the
11       commission of a felony or misdemeanor shall be classified as either a
12       felony or a misdemeanor according to the adjudicating jurisdiction. If an
13       offense which if committed by an adult would constitute the commission
14       of a felony is a felony in another state, it will be deemed a felony in Kansas.
15       The state of Kansas shall classify the offense, which if committed by an
16       adult would constitute the commission of a felony or misdemeanor, as
17       person or nonperson. In designating such offense as person or nonperson,
18       reference to comparable offenses shall be made. If the state of Kansas
19       does not have a comparable offense, the out-of-state adjudication shall
20       be classified as a nonperson offense.
21             (c) All appropriate community placement options shall have been ex-
22       hausted before a chronic offender III, escalating misdemeanant shall be
23       placed in a juvenile correctional facility. A court finding shall be made
24       acknowledging that appropriate community placement options have been
25       pursued and no such option is appropriate.
26             (d) The commissioner shall work with the community to provide on-
27       going support and incentives for the development of additional commu-
28       nity placements to ensure that the chronic offender III, escalating mis-
29       demeanant sentencing category is not frequently utilized.
30             Sec.  3. K.S.A. 1998 Supp. 38-16,130 is hereby amended to read as
31       follows: 38-16,130. On and after July 1, 1999:
32             (a) For purposes of determining release of a juvenile offender for an
33       offense committed on or after July 1, 1999, a system shall be developed
34       whereby good behavior by juvenile offenders is the expected norm and
35       negative behavior will be punished.
36             (b) The commissioner of juvenile justice is hereby authorized to
37       adopt rules and regulations to carry out the provisions of this section
38       regarding good time calculations. Such rules and regulations shall provide
39       circumstances upon which a juvenile offender may earn good time credits
40       through participation in programs which may include, but not be limited
41       to, education programs, work participation, treatment programs, voca-
42       tional programs, activities and behavior modification. Such good time
43       credits may also include the juvenile offender's willingness to examine

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  1       and confront the past behavior patterns that resulted in the commission
  2       of the juvenile's offense.
  3             (c) On and after July 1, 2000, if the placement sentence established
  4       in K.S.A. 1998 Supp. 38-16,129, and amendments thereto, is used by the
  5       court, the juvenile offender shall serve no less than the minimum term
  6       authorized under the specific category of such placement sentence.
  7             Sec.  4. K.S.A. 1998 Supp. 38-16,131 is hereby amended to read as
  8       follows: 38-16,131. On and after July 1, 1999 2000:
  9             (a) The commissioner of juvenile justice may petition the court to
10       modify the placement sentence established in K.S.A. 1998 Supp. 38-
11       16,129, and amendments thereto, after a juvenile offender has served the
12       minimum term indicated by the placement sentence, based upon pro-
13       gram completion, positive behavior modification and progress made.
14             (b) If the court grants the modification, the sentence shall be short-
15       ened, and the term of aftercare that was pronounced at sentencing shall
16       commence.
17             (c) If the court does not grant the modification, the juvenile's attorney
18       may petition for modification and a formal hearing shall be granted.
19             (d) The aftercare supervisor may petition the court for early dis-
20       charge, extension or revocation from conditional release or aftercare. 
21       Sec.  5. K.S.A. 1998 Supp. 38-1604, 38-16,129, 38-16,130 and 38-
22       16,131 are hereby repealed.
23        Sec.  6. This act shall take effect and be in force from and after its
24       publication in the statute book.