Session of 1999
         
SENATE BILL No. 95
         
By Committee of Judiciary
          
1-21
          
  9             AN  ACT concerning juvenile offenders; relating to arrest and placement;
10             court services officers; amending K.S.A. 1998 Supp. 38-1624 and 38-
11             1640 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 38-1624 is hereby amended to read as
15       follows: 38-1624. (a) By a law enforcement officer. A law enforcement
16       officer may take an alleged juvenile offender into custody when:
17             (1) Any offense has been or is being committed by the juvenile in the
18       officer's view;
19             (2) the officer has a warrant commanding that the juvenile be taken
20       into custody;
21             (3) the officer has probable cause to believe that a warrant or order
22       commanding that the juvenile be taken into custody has been issued in
23       this state or in another jurisdiction for an act committed therein;
24             (4) the officer has probable cause to believe that the juvenile is com-
25       mitting or has committed an act which, if committed by an adult, would
26       constitute:
27             (A) A felony; or
28             (B) a misdemeanor and (i) the juvenile will not be apprehended or
29       evidence of the offense will be irretrievably lost unless the juvenile is
30       immediately taken into custody or (ii) the juvenile may cause injury to
31       self or others or damage to property or may be injured unless immediately
32       taken into custody; or
33             (5) the officer has probable cause to believe that the juvenile has
34       violated an order for electronic monitoring as a term of probation.
35             (b) By a court services officer. A court services officer may take a
36       juvenile into custody when there is a warrant commanding that the ju-
37       venile be taken into custody, when the court services officer has probable
38       cause to believe that a warrant or order commanding that the juvenile be
39       taken into custody has been issued in this state or in another jurisdiction
40       for an act committed therein or when there is probable cause to believe
41       that the juvenile has violated an order for electronic monitoring as a term
42       of probation. Any court services officer may arrest a juvenile without a
43       warrant or may deputize any other officer with power of arrest to arrest

SB 95

2

  1       a juvenile without a warrant by giving the officer a written statement
  2       setting forth that the juvenile, in the judgment of the court services officer,
  3       has violated the condition of the juvenile's release. The written statement
  4       delivered with the juvenile by the arresting officer to the official in charge
  5       of a juvenile detention facility or other place of detention shall be sufficient
  6       warrant for the detention of the juvenile.
  7             (c) Procedure.  (1) When any law enforcement officer takes an al-
  8       leged juvenile offender into custody, the juvenile shall be taken without
  9       unnecessary delay to an intake and assessment worker if an intake and
10       assessment program exists in the jurisdiction, or before the court for pro-
11       ceedings in accordance with this code or, if the court is not open for the
12       regular conduct of business, to a court services officer, a juvenile intake
13       and assessment worker, a juvenile detention facility or youth residential
14       facility which the court or the commissioner shall have designated. The
15       officer shall not take the juvenile to a juvenile detention facility unless
16       the juvenile meets one or more of the criteria listed in K.S.A. 38-1640,
17       and amendments thereto. Even if the juvenile meets one or more of such
18       criteria, the officer shall first consider whether taking the juvenile to an
19       available nonsecure facility is more appropriate.
20             (2) It shall be the duty of the officer to furnish the county or district
21       attorney or the juvenile intake and assessment worker if the officer has
22       delivered such juvenile to the worker, with all of the information in the
23       possession of the officer pertaining to the juvenile; the juvenile's parents,
24       or other persons interested in or likely to be interested in the juvenile;
25       and all other facts and circumstances which caused the juvenile to be
26       arrested or taken into custody.
27             (3)  (A) When the juvenile is less than 14 years of age, no in-custody
28       or arrest admission or confession resulting from interrogation may be
29       admitted into evidence unless the confession or admission was made fol-
30       lowing a consultation between the juvenile and the juvenile's parents,
31       guardian or attorney as to whether the juvenile will waive such juvenile's
32       right to an attorney and right against self-incrimination. It shall be the
33       duty of the facility where the juvenile has been delivered to make a rea-
34       sonable effort to contact the parent or guardian immediately upon such
35       juvenile's arrival unless such parent or guardian is the alleged victim or
36       alleged co-defendant of the crime under investigation.
37             (B) When a parent or guardian is the alleged victim or alleged co-
38       defendant of the crime under investigation and the juvenile is less than
39       14 years of age, no in-custody or arrest admission or confession may be
40       admitted into evidence unless the confession or admission was made fol-
41       lowing a consultation between the juvenile and a parent or guardian who
42       is not involved in the investigation of the crime, or an attorney as to
43       whether the juvenile will waive such juvenile's right to an attorney and

SB 95

3

  1       right against self-incrimination. It shall be the duty of the facility where
  2       the juvenile has been delivered to make reasonable effort to contact a
  3       parent or guardian who is not involved in the investigation of the crime
  4       immediately upon such juvenile's arrival.
  5             (d) Release prior to detention hearing. In the absence of a court order
  6       to the contrary, the court or officials designated by the court, the county
  7       or district attorney or the law enforcement agency taking a juvenile into
  8       custody shall have the authority to direct the release of the juvenile prior
  9       to the time specified by subsection (a) of K.S.A. 38-1632 and amendments
10       thereto. In addition, if an agreement is established pursuant to K.S.A. 38-
11       1635, and amendments thereto, a juvenile intake and assessment worker
12       shall have the authority to direct the release of a juvenile prior to a de-
13       tention hearing after the completion of the intake and assessment process
14       if the juvenile intake and assessment worker has reason to believe that if
15       released the juvenile will appear for further proceedings and will not be
16       dangerous to self or others.
17             (e) Person 18 or over taken into custody; detention and release.
18       Whenever a person 18 years of age or more is taken into custody by a
19       law enforcement officer for an alleged offense which was committed prior
20       to the time the person reached the age of 18, the officer shall notify and
21       refer the matter to the court for proceedings pursuant to this code, except
22       that the provisions of this code relating to detention hearings shall not
23       apply to that person. If detention is necessary, the person shall be de-
24       tained in jail. Unless the law enforcement officer took the person into
25       custody pursuant to a warrant issued by the court and the warrant spec-
26       ifies the amount of bond or indicates that the person may be released on
27       personal recognizance, the person shall be taken before the court of the
28       county where the alleged act took place or, at the request of the person,
29       the person shall be taken, without delay, before the nearest court. The
30       court shall fix the terms and conditions of an appearance bond upon which
31       the person may be released from custody. The provisions of article 28 of
32       chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and
33       amendments thereto relating to appearance bonds and review of condi-
34       tions and release shall be applicable to appearance bonds provided for in
35       this section.
36             Sec.  2. K.S.A. 1998 Supp. 38-1640 is hereby amended to read as
37       follows: 38-1640. (a) The following are criteria for determining whether
38       to place a juvenile in a juvenile detention facility pursuant to subsection
39       (c) of K.S.A. 38-1624 or subsection (e) of K.S.A. 38-1632, and amend-
40       ments thereto:
41             (1) There is oral or written verification that the juvenile is a fugitive
42       sought for an offense in another jurisdiction or that the juvenile is cur-
43       rently an escapee from a juvenile detention facility.

SB 95

4

  1             (2) The juvenile is alleged to have committed an offense which if
  2       committed by an adult would constitute a class A, B or C felony if com-
  3       mitted prior to July 1, 1993, or would constitute an off-grid felony, a
  4       nondrug severity level 1, 2, 3, 4 or 5 felony or drug level 1, 2 or 3 felony
  5       if committed on or after July 1, 1993, or would constitute a crime de-
  6       scribed in article 35 of chapter 21 of the Kansas Statutes Annotated.
  7             (3) The juvenile is awaiting court action on another offense which if
  8       committed by an adult would constitute a felony.
  9             (4) The juvenile has a record of failure to appear in court or there is
10       probable cause to believe that the juvenile will flee the jurisdiction of the
11       court.
12             (5) The juvenile has a history of violent behavior toward others.
13             (6) The juvenile exhibited seriously assaultive or destructive behavior
14       at the time of being taken into custody and continued such behavior after
15       taken into custody.
16             (7) The juvenile exhibited self-destructive behavior at the time of
17       being taken into custody and continued such behavior after taken into
18       custody.
19             (8) The juvenile has a record of adjudication or conviction of one or
20       more offenses which if committed by an adult would constitute felonies.
21             (9) The juvenile is a juvenile offender who has been expelled from
22       placement in a nonsecure facility as a result of the current alleged offense.
23             (10) The juvenile has been arrested by any court services officer pur-
24       suant to subsection (b) of K.S.A. 38-1624 and amendments thereto.
25             (b) No person 18 years of age or more shall be placed in a juvenile
26       detention center.
27             (c) This section shall be part of and supplemental to the Kansas ju-
28       venile justice code. 
29       Sec.  3. K.S.A. 1998 Supp. 38-1624 and 38-1640 are hereby repealed.
30        Sec.  4. This act shall take effect and be in force from and after its
31       publication in the statute book.