Session of 1999
HOUSE BILL No. 2468
By Committee on Judiciary
2-10
9 AN ACT abolishing the Kansas youth authority and transferring powers,
10 duties and functions to the Kansas advisory group on juvenile justice
11 and delinquency prevention; amending K.S.A. 75-7007, 75-7008, 75-
12 7021 and 75-7032 and K.S.A. 1998 Supp. 75-7024 and repealing the
13 existing sections; also repealing K.S.A. 75-7009.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 New Section 1. (a) The Kansas youth authority established by K.S.A.
17 75-7008 prior to amendment by this act hereby is abolished.
18 (b) All of the powers, duties and functions of the Kansas youth au-
19 thority are hereby transferred to and conferred and imposed upon the
20 Kansas advisory group on juvenile justice and delinquency prevention.
21 (c) The Kansas advisory group on juvenile justice and delinquency
22 prevention shall be the successor in every way to the powers, duties and
23 functions of the Kansas youth authority in which the same were vested
24 prior to the effective date of this act. Every act performed in the exercise
25 of such powers, duties and functions by or under the authority of the
26 Kansas advisory group on juvenile justice and delinquency prevention
27 shall be deemed to have the same force and effect as if performed by the
28 Kansas youth authority in which such powers, duties and functions were
29 vested prior to the effective date of this act.
30 (d) Whenever the Kansas youth authority is referred to or designated
31 by a statute, contract or other document, such reference or designation
32 shall be deemed to apply to the Kansas advisory group on juvenile justice
33 and delinquency prevention.
34 (e) All of the records, memoranda, writings and property of the Kan-
35 sas youth authority shall be and hereby are transferred to the Kansas
36 advisory group on juvenile justice and delinquency prevention and such
37 advisory group shall have legal custody of the same.
38 Sec. 2. K.S.A. 75-7007 is hereby amended to read as follows: 75-
39 7007. (a) There is hereby established the Kansas advisory group on ju-
40 venile justice and delinquency prevention, for the purposes of the federal
41 juvenile justice and delinquency prevention act of 1974, as amended.
42 (b) The membership of the Kansas advisory group on juvenile justice
43 and delinquency prevention shall include the members of the Kansas
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1 youth authority, as appointed pursuant to K.S.A. 75-7009, and amend-
2 ments thereto, and other be composed of members as appointed by the
3 governor. The governor shall appoint at least eight but not more than 26
4 additional members to the advisory group. The additional members shall
5 serve at the pleasure of the governor.
6 (c) The chairperson and vice-chairperson of the advisory group shall
7 be appointed by the governor.
8 (d) Each member of the advisory group shall receive compensation,
9 subsistence allowances, mileage and other expenses as provided for in
10 K.S.A. 75-3223, and amendments thereto.
11 (e) The advisory group shall participate in the development and re-
12 view of the juvenile justice plan, review and comment on all juvenile
13 justice and delinquency prevention grant applications, and shall make
14 recommendations regarding the grant applications.
15 (f) All ex officio members of the Kansas youth authority shall also
16 serve as ex officio members to the advisory group.
17 (g) The advisory group shall receive reports from local citizen review
18 boards established pursuant to K.S.A. 38-1812, and amendments thereto,
19 regarding the status of juvenile offenders under the supervision of the
20 district courts.
21 Sec. 3. K.S.A. 75-7008 is hereby amended to read as follows: 75-
22 7008. (a) There is hereby established the Kansas youth authority. The
23 authority shall develop confinement and alternate disposition policies for
24 juvenile offenders. The authority shall specifically look at confinement as
25 well as diversion, fines, restitution, community service, standard proba-
26 tion, intensive supervision, house arrest programs, electronic monitoring,
27 structured school, day reporting centers, community residential care,
28 treatment centers and sanctions house.
29 (b) The Kansas youth authority shall develop and submit its interim
30 report and statutory proposals to the legislature on or before November
31 1, 1995. A transitional plan shall be submitted on the commencement of
32 the 1997 legislative session. Such transitional plan shall include a plan for
33 the transfer of the powers, duties and functions of the department of
34 social and rehabilitation services and other state agencies concerning ju-
35 venile offenders to the juvenile justice authority and the commissioner of
36 juvenile justice; a plan for a juvenile offender placement matrix to pro-
37 mote uniformity throughout the system; a plan for aftercare services upon
38 release from a juvenile correctional facility including the development of
39 discharge plans which will coordinate the efficient delivery of services
40 including educational services; a plan in coordination with the department
41 of social and rehabilitation services to consolidate the functions of juvenile
42 offenders and children in need of care intake and assessment services to
43 provide a statewide plan for coordinating services on a 24-hour a day basis;
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1 a plan to recommend how all juveniles in police custody will be processed
2 through the juvenile intake and assessment system; and a plan to facilitate
3 the transfer from a state-based juvenile justice system to a community-
4 based juvenile justice system. The plan for transition to a more commu-
5 nity-based juvenile justice system shall be based on judicial districts and
6 shall specifically address the governance, financial needs, compliance
7 requirements and accountability of the system. The Kansas youth au-
8 thority may contract with a consultant to provide assistance with such
9 transitional plans.
10 (c) On July 1, 1997, the Kansas youth authority shall become an ad-
11 visory authority to the commissioner of juvenile justice.
12 (d) The Kansas youth authority advisory group on juvenile justice and
13 delinquency prevention shall review programs and services provided by
14 community corrections programs pursuant to the community corrections
15 act. The Kansas youth authority advisory group shall review the local
16 juvenile intake and assessment programs. The Kansas youth authority
17 advisory group may study issues concerning children in need of care.
18 (e) (b) The Kansas department of social and rehabilitation services,
19 in cooperation with the Kansas youth authority advisory group on juvenile
20 justice and delinquency prevention, shall coordinate all state efforts to
21 prevent alcohol and drug abuse by juveniles.
22 (f) (c) The Kansas department of social and rehabilitation services, in
23 cooperation with the Kansas youth authority advisory group on juvenile
24 justice and delinquency prevention, shall develop a comprehensive strat-
25 egy for prevention and early intervention, including, but not limited to,
26 a program to assist each community in performing a comprehensive risk
27 assessment.
28 (g) (d) Annually, the Kansas youth authority advisory group on ju-
29 venile justice and delinquency prevention shall recognize:
30 (1) No more than six individuals or organizations that have made sig-
31 nificant and positive contributions to Kansas youth; and
32 (2) one male and one female Kansas youth for significant and positive
33 contributions to the eradication of youth risk factors in such youth's
34 community.
35 (h) (e) The Kansas youth authority advisory group on juvenile justice
36 and delinquency prevention may appoint an advisory youth council. Such
37 council shall advise the authority on policy recommendations and pro-
38 grams. Members of the youth council shall meet and have such duties as
39 determined by the Kansas youth authority advisory group.
40 (i) All moneys credited to the Kansas endowment for youth fund shall
41 be transferred to the Kansas endowment for youth trust fund, established
42 in K.S.A. 75-7021, and amendments thereto.
43 Sec. 4. K.S.A. 75-7021 is hereby amended to read as follows: 75-
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1 7021. (a) There is hereby created in the state treasury the Kansas endow-
2 ment for youth trust fund. Money credited to the fund pursuant to K.S.A.
3 20-367, and amendments thereto, or by any other lawful means shall be
4 used solely for the purpose of making grants to further the purpose of
5 juvenile justice reform, including rational prevention programs and pro-
6 grams for treatment and rehabilitation of juveniles and to further the
7 partnership between state and local communities. Such treatment and
8 rehabilitation programs should aim to combine accountability and sanc-
9 tions with increasingly intensive treatment and rehabilitation services with
10 an aim to provide greater public safety and provide intervention that will
11 be uniform and consistent.
12 (b) All expenditures from the Kansas endowment for youth trust fund
13 shall be made in accordance with appropriations acts upon warrants of
14 the director of accounts and reports issued pursuant to vouchers approved
15 by the commissioner of juvenile justice or by a person or persons desig-
16 nated by the commissioner.
17 (c) The commissioner of juvenile justice may apply for, receive and
18 accept money from any source for the purposes for which money in the
19 Kansas endowment for youth trust fund may be expended. Upon receipt
20 of any such money, the commissioner shall remit the entire amount at
21 least monthly to the state treasurer, who shall deposit it in the state treas-
22 ury and credit it to the Kansas endowment for youth trust fund.
23 (d) Grants made to programs pursuant to this section shall be based
24 on the number of persons to be served and such other requirements as
25 may be established by the Kansas youth authority advisory group on ju-
26 venile justice and delinquency prevention in guidelines established and
27 promulgated to regulate grants made under authority of this section. The
28 guidelines may include requirements for grant applications, organiza-
29 tional characteristics, reporting and auditing criteria and such other stan-
30 dards for eligibility and accountability as are deemed advisable by the
31 Kansas youth authority advisory group on juvenile justice and delinquency
32 prevention.
33 (e) On or before the 10th of each month, the director of accounts
34 and reports shall transfer from the state general fund to the Kansas en-
35 dowment for youth trust fund interest earnings based on:
36 (1) The average daily balance of moneys in the Kansas endowment
37 for youth trust fund for the preceding month; and
38 (2) the net earnings rate of the pooled money investment portfolio
39 for the preceding month.
40 Sec. 5. K.S.A. 1998 Supp. 75-7024 is hereby amended to read as
41 follows: 75-7024. On and after July 1, 1997, In addition to other powers
42 and duties provided by law, in administering the provisions of the juvenile
43 justice code, the commissioner of juvenile justice shall:
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1 (a) Establish divisions which include the following functions in the
2 juvenile justice authority:
3 (1) Operations. The commissioner shall operate the juvenile intake
4 and assessment system as it relates to the juvenile offender; provide tech-
5 nical assistance and help facilitate community collaboration; license ju-
6 venile correctional facilities, programs and providers; assist in coordinat-
7 ing a statewide system of community based service providers; establish
8 pilot projects for community based service providers; and operate the
9 juvenile correctional facilities.
10 (2) Research and prevention. The commissioner shall generate, an-
11 alyze and utilize data to review existing programs and identify effective
12 prevention programs; to develop new program initiatives and restructure
13 existing programs; and to assist communities in risk assessment and ef-
14 fective resource utilization.
15 (3) Contracts. The commissioner shall secure the services of direct
16 providers by contracting with such providers, which may include non-
17 profit, private or public agencies, to provide functions and services
18 needed to operate the juvenile justice authority. The commissioner shall
19 contract with local service providers, when available, to provide twenty-
20 four-hour-a-day intake and assessment services. Nothing provided for
21 herein shall prohibit local municipalities, through interlocal agreements,
22 from corroborating with and participating in the intake and assessment
23 services established in K.S.A. 75-7023, and amendments thereto. All con-
24 tracts entered into by the commissioner to secure the services of direct
25 providers shall contain a clause allowing the inspector general unlimited
26 access to such facility, records or personnel pursuant to subsection
27 (a)(4)(B).
28 (4) Performance audit. (A) The commissioner randomly shall audit
29 contracts to determine that service providers are performing as required
30 pursuant to the contract.
31 (B) Within the division conducting performance audits, the commis-
32 sioner shall designate a staff person to serve in the capacity of inspector
33 general. Such inspector general, or such inspector general's designee,
34 shall have the authority to: (i) Enforce compliance with all contracts; (ii)
35 perform audits as necessary to ensure compliance with the contracts. The
36 inspector general shall have unlimited access to any and all facilities, re-
37 cords or personnel of any provider that has contracted with the commis-
38 sioner to determine that such provider is in compliance with the contracts;
39 and (iii) establish a statewide juvenile justice hotline to respond to any
40 complaints or concerns that have been received concerning juvenile
41 justice.
42 (b) Adopt rules and regulations necessary for the administration of
43 this act.
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1 (c) Administer all state and federal funds appropriated to the juvenile
2 justice authority and may coordinate with any other agency within the
3 executive branch expending funds appropriated for juvenile justice.
4 (d) Administer the development and implementation of a juvenile
5 justice information system.
6 (e) Administer the transition to and implementation of juvenile jus-
7 tice system reforms.
8 (f) Coordinate with the judicial branch of state government any duties
9 and functions which effect the juvenile justice authority.
10 (g) Serve as a resource to the legislature and other state policymakers.
11 (h) Make and enter into all contracts and agreements and do all other
12 acts and things necessary or incidental to the performance of functions
13 and duties and the execution of powers under this act. The commissioner
14 may enter into memorandums of agreement or contractual relationships
15 with state agencies, other governmental entities or private providers as
16 necessary to carry out the commissioner's responsibilities pursuant to the
17 Kansas juvenile justice code.
18 (i) Accept custody of juvenile offenders so placed by the court.
19 (j) Assign juvenile offenders placed in the commissioner's custody to
20 juvenile correctional facilities based on information collected by the re-
21 ception and diagnostic evaluation, intake and assessment report, pursuant
22 to K.S.A. 75-7023, and amendments thereto, and the predispositional
23 investigation report, pursuant to K.S.A. 38-1661, and amendments
24 thereto.
25 (k) Establish and utilize a reception and diagnostic evaluation for all
26 juvenile offenders to be evaluated prior to placement in a juvenile cor-
27 rectional facility.
28 (l) Assist the judicial districts in establishing community based place-
29 ment options, juvenile community correctional services and aftercare
30 transition services for juvenile offenders.
31 (m) Review, evaluate and restructure the programmatic mission and
32 goals of the juvenile correctional facilities to accommodate greater spe-
33 cialization for each facility.
34 (n) Adopt rules and regulations as are necessary to encourage the
35 sharing of information between individuals and agencies who are involved
36 with the juvenile.
37 (o) Provide staff support to the Kansas youth authority.
38 (p) Designate in each judicial district an entity which shall be re-
39 sponsible for juvenile justice field services not provided by court services
40 officers in the judicial district. The commissioner shall contract with such
41 entity and provide grants to fund such field services.
42 (q) (p) Monitor placement trends and minority confinement.
43 (r) (q) Develop and submit to the joint committee on corrections
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1 and juvenile justice oversight a recommendation to provide for the finan-
2 cial viability of the Kansas juvenile justice system. Such recommendation
3 shall include a formula for the allocation of state funds to community
4 programs and a rationale in support of the recommendation. Additionally,
5 the commissioner shall submit a recommendation, approved by the Kan-
6 sas youth authority, detailing capital projects and expenditures projected
7 during the five-year period beginning July 1, 1997, including a rationale
8 in support of such recommendation. In developing such recommenda-
9 tions, The commissioner shall avoid pursuing construction or expansion
10 of state institutional capacity when appropriate alternatives to such place-
11 ments are justified. The commissioner's recommendations shall identify
12 a revenue source sufficient to appropriately fund expenditures anticipated
13 to be incurred subsequent to expansion of community-based capacity and
14 necessary to finance recommended capital projects.
15 (s) (r) Report monthly to the joint committee on corrections and ju-
16 venile justice oversight. The commissioner shall review with the commit-
17 tee any contracts or memorandums of agreement with other state agen-
18 cies prior to the termination of such agreements or contracts.
19 (t) (s) Have the authority to designate all or a portion of a facility for
20 juveniles under the commissioner's jurisdiction as a:
21 (1) Nonsecure detention facility;
22 (2) facility for the educational or vocational training and related
23 services;
24 (3) facility for temporary placement pending other arrangements
25 more appropriate for the juvenile's needs; and
26 (4) facility for the provision of care and other services and not for the
27 detention of juveniles.
28 Sec. 6. K.S.A. 75-7032 is hereby amended to read as follows: 75-
29 7032. The juvenile justice authority, pursuant to provided for in K.S.A.
30 75-7001, and amendments thereto, and the Kansas youth authority, pur-
31 suant to K.S.A. 75-7008, and amendments thereto, shall be and are is
32 hereby abolished on July 1, 2004.
33 Sec. 7. K.S.A. 75-7007, 75-7008, 75-7009, 75-7021 and 75-7032 and
34 K.S.A. 1998 Supp. 75-7024 are hereby repealed.
35 Sec. 8. This act shall take effect and be in force from and after its
36 publication in the statute book.