Session of 2000
         
SENATE BILL No. 622
         
By Committee of Judiciary
         
2-10
         

  9             AN  ACT concerning juveniles; relating to placement of child in need of
10             care; juvenile offenders, placement, credit for time spent, notice of
11             release, offender registration; juvenile correctional staff; amending
12             K.S.A. 38-1568 and K.S.A. 1999 Supp. 22-4904, 38-1673, 38-1674, 38-
13             1675, 38-1676, 38-1691, 38-16,129 and 75-7023 and repealing the ex-
14             isting sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 22-4904 is hereby amended to read as
18       follows: 22-4904. (a) (1) Except as provided in subsection (a)(2), within
19       10 days of the offender coming into any county in which the offender
20       resides or is temporarily domiciled for more than 10 days, the offender
21       shall register with the sheriff of the county.
22             (2) Within 10 days of the offender coming into any county in which
23       the offender resides or temporarily resides for more than 10 days, any
24       offender who has provided the information and completed and signed
25       the registration form as required in K.S.A. 22-4905 and amendments
26       thereto, shall verify with the sheriff of the county that the sheriff has
27       received such offender's information and registration form.
28             (3) For persons required to register as provided in subsection (a)(1),
29       the sheriff shall: (A) Explain the duty to register and the procedure for
30       registration;
31             (B) obtain the information required for registration as provided in
32       K.S.A. 22-4907 and amendments thereto;
33             (C) inform the offender that the offender must give written notice of
34       any change of address within 10 days of a change in residence to the law
35       enforcement agency where last registered and the Kansas bureau of
36       investigation;
37             (D) inform the offender that if the offender changes residence to
38       another state, the offender must inform the law enforcement agency
39       where last registered and the Kansas bureau of investigation of such
40       change in residence and must register in the new state within 10 days of
41       such change in residence; and
42             (E) require the offender to read and sign the registration form which
43       shall include a statement that the requirements provided in this subsec-


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  1       tion have been explained to the offender.
  2             (4) Such sheriff, within three days of receipt of the initial registration
  3       shall forward this information to the Kansas bureau of investigation.
  4             (5) Notwithstanding any other provision of law, if a diversionary
  5       agreement or probation order, either adult or juvenile, or a juvenile of-
  6       fender sentencing order, requires registration under the Kansas offender
  7       registration act then all provisions of that act shall apply, except that the
  8       term of registration shall be controlled by such diversionary agreement
  9       or, probation order or juvenile offender sentencing order.
10             (b)  (1) If any person required to register as provided in this act
11       changes the address of the person's residence, the offender, within 10
12       days, shall inform in writing the Kansas bureau of investigation of the new
13       address.
14             (2) After receipt of the change of address, the Kansas bureau of in-
15       vestigation shall forward this information to the law enforcement agency
16       having jurisdiction of the new place of residence within 10 days of such
17       receipt of the change of address.
18             (c) For any person required to register as provided in this act, every
19       90 days after the person's initial registration date during the period the
20       person is required to register, the following applies:
21             (1) The Kansas bureau of investigation shall mail a nonforwardable
22       verification form to the last reported address of the person.
23             (2) The person shall mail the verification form to the Kansas bureau
24       of investigation within 10 days after receipt of the form.
25             (3) The verification form shall be signed by the person, and shall state
26       that the person still resides at the address last reported to the Kansas
27       bureau of investigation.
28             (4) If the person fails to mail the verification form to the Kansas
29       bureau of investigation within 10 days after receipt of the form, the person
30       shall be in violation of the Kansas offender registration act.
31             (5) Nothing contained in this section shall be construed to alleviate
32       any person required to register as provided in this act from meeting the
33       requirements prescribed in subsection (a)(1), (a)(2) and (b)(1).
34             Sec.  2. K.S.A. 38-1568 is hereby amended to read as follows: 38-
35       1568. (a) Valid court order. During proceedings under this code, the court
36       may enter an order directing a child who is the subject of the proceedings
37       to remain in a present or future placement if:
38             (1) The court makes a finding that the child has been adjudicated to
39       be a child in need of care pursuant to: (A) Subsection (a)(9) or (a)(10) of
40       K.S.A. 38-1502, and amendments thereto; or (B) any of the subsections
41       (a)(1) through (a)(9) (a)(8) or (a)(11) of K.S.A. 38-1502, and amendments
42       thereto, and the court determines that the child is not likely to be available
43       within the jurisdiction of the court for future proceedings;


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  1             (2) the child and the child's guardian ad litem are present before the
  2       court at the time the order is entered; and
  3             (3) the child and the child's guardian ad litem are given adequate and
  4       fair warning, both orally and in writing, of the consequences of violation
  5       of the order and a copy of such warning is recorded in the official file of
  6       the case.
  7             (b) Application. Any person may file with the court a verified appli-
  8       cation for a determination that a child has violated an order entered pur-
  9       suant to subsection (a) and for an order authorizing the holding of such
10       child in a secure facility as provided by this section. Such application shall
11       state the applicant's belief that the child has violated a valid court order
12       entered pursuant to subsection (a) and the specific facts which are relied
13       upon to support the belief.
14             (c) Ex parte order. Upon the filing of an application in accordance
15       with subsection (b), the court may enter ex parte an order directing that
16       the child be taken into custody and held in a secure juvenile detention
17       facility designated by the court if the court determines that there is prob-
18       able cause to believe the allegations in the application. The order shall
19       remain in effect for not more than 24 hours following the child's being
20       taken into custody. The order shall be served on the child's parents, any
21       legal custodian of the child and the child's guardian ad litem.
22             (d) Preliminary hearing. Within 24 hours following a child's being
23       taken into custody pursuant to an order issued under subsection (c), the
24       court shall hold a hearing to determine whether the child admits or denies
25       the allegations of the application and, if the child denies such allegations,
26       whether there is probable cause to hold the child in a secure facility
27       pending a hearing on the application pursuant to subsection (e). Notice
28       of the time and place of the preliminary hearing shall be given orally or
29       in writing to the child's parents, any legal custodian of the child and the
30       child's guardian ad litem. At the hearing, the child shall have the right to:
31       (1) Have in writing the alleged violation and the facts relied upon in the
32       application; (2) a guardian ad litem pursuant to K.S.A. 38-1505, and
33       amendments thereto; and (3) the right to confront and present witnesses.
34       If, upon the hearing, the court finds that the child admits the allegations
35       of the application, the court shall proceed without delay to hold a hearing
36       on the application pursuant to subsection (e). If, upon the hearing, the
37       court finds that the child denies the allegations of the application, the
38       court may enter an order directing that the child be held in a secure
39       facility pending a hearing pursuant to subsection (e) if the court finds
40       that there is probable cause to believe that the child has violated a valid
41       court order entered pursuant to subsection (a) and that secure detention
42       of the child is necessary for the protection of the child or to assure the
43       appearance of the child at the hearing on the application pursuant to


4

  1       subsection (e).
  2             (e) Hearing on violation of order; authorization. The court shall hold
  3       a hearing on an application filed pursuant to subsection (b) within 24
  4       hours following the child's being taken into custody, if the child admits
  5       the allegations of the application, or within 72 hours following the child's
  6       being taken into custody, if secure detention of the child is ordered pur-
  7       suant to subsection (d). Notice of the time and place of such hearing shall
  8       be given orally or in writing to the child's parents, any legal custodian of
  9       the child and the child's guardian ad litem. Upon such hearing, the court
10       may enter an order awarding custody of the child to the secretary, if the
11       secretary does not have legal custody of the child, and authorizing the
12       secretary to place the child in a secure juvenile detention facility or secure
13       care facility if the court determines that:
14             (1) Determines that the child has been adjudicated to be a child in
15       need of care pursuant to subsection (a)(9) or (a)(10) of K.S.A. 38-1502,
16       and amendments thereto;
17             (2) determines that the child has violated a valid court order entered
18       pursuant to subsection (a);
19             (3) determines that the child has been provided at the hearing with
20       the right to: (A) Have the alleged violation in writing and served upon
21       the child a reasonable time before the hearing; (B) a hearing before the
22       court on the issue of placement in a secure facility; (C) an explanation of
23       the nature and consequences of the proceeding; (D) a guardian ad litem
24       pursuant to K.S.A. 38-1505, and amendments thereto; (E) confront and
25       present witnesses; (F) have a transcript or record of the proceedings; and
26       (G) appeal; and
27             (4) there is no less restrictive alternative appropriate to the needs of
28       the juvenile and the community determines the reasons for the child's
29       behavior and determines whether all dispositions other than secure con-
30       finement have been exhausted or are clearly inappropriate, based on writ-
31       ten a report submitted by the secretary that reviews the behavior of the
32       child and the circumstances under which the child was brought before
33       the court and made subject to such order.
34             Nonoffenders shall not be placed in secure juvenile detention or secure
35       care facilities for violating a valid court order. For purposes of this sub-
36       section, nonoffenders means abused or neglected children.
37             The authorization to place a child in a juvenile detention facility or a
38       secure care facility pursuant to this subsection shall expire 60 days, in-
39       cluding Saturdays, Sundays and legal holidays, after it is issued. The court
40       may grant extensions of such authorization for two additional periods not
41       exceeding 60 days, including Saturdays, Sundays and legal holidays, upon
42       rehearing pursuant to K.S.A. 38-1564, and amendments thereto. Payment
43       by the secretary to a secure facility for child care services provided pur-


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  1       suant to this subsection shall be paid only upon receipt by the secretary
  2       of a copy of a valid court order.
  3             (f) Limitations on facilities used. Nothing in this section shall author-
  4       ize placement of a child in a juvenile detention facility, except that a child
  5       may be held in any such facility which, if in an adult jail, is in quarters
  6       separated by sight and sound from adult prisoners:
  7             (1) When ordered by a court pursuant to subsection (c) or (d), for
  8       not longer than the times permitted by those subsections; or
  9             (2) when ordered by a court pursuant to subsection (e), for not more
10       than 24 hours following the hearing provided for by that subsection, ex-
11       cept that nothing in this subsection shall allow a child to be held in an
12       adult jail for more than 24 hours in an adult jail or lockup. Secure place-
13       ment is limited to juvenile detention facilities or secure care facilities.
14             (g) Time limits, computation. Except as otherwise specifically pro-
15       vided by subsection (e), Saturdays, Sundays and legal holidays shall not
16       be counted in computing any time limit imposed by this section.
17             (h) This section shall be part of and supplemental to the Kansas code
18       for care of children.
19             Sec.  3. K.S.A. 1999 Supp. 38-1673 is hereby amended to read as
20       follows: 38-1673. (a) When a juvenile offender has satisfactorily com-
21       pleted such offender's term of incarceration at the juvenile correctional
22       facility to which the juvenile offender was committed or placed, the per-
23       son in charge of the juvenile correctional facility shall have authority to
24       release the juvenile offender under appropriate conditions and for a spec-
25       ified period of time. Prior to release from a juvenile correctional facility,
26       the commissioner shall consider any recommendations made by the ju-
27       venile offender's juvenile community corrections community case man-
28       agement officer.
29             (b) At least 15 10 days prior to releasing a juvenile offender as pro-
30       vided in subsection (a), the person in charge of the juvenile correctional
31       facility shall notify the committing court and the county or district attor-
32       ney of the county where the offender was adjudicated a juvenile offender
33       of the date and conditions upon which it is proposed the juvenile offender
34       is to be released. If such juvenile offender's offense would have constituted
35       an off-grid felony, nondrug felony crime ranked at severity level 1, 2, 3,
36       4 or 5, or a drug felony crime ranked at severity level 1, 2 or 3, on or
37       after July 1, 1993, if committed by an adult, the county or district attorney
38       shall give written notice at least five days prior to the release of the juvenile
39       offender to: (1) Any victim of the juvenile offender's crime who is alive
40       and whose address is known to the court or, if the victim is deceased, to
41       the victim's family if the family's address is known to the court; (2) the
42       local law enforcement agency; and (3) the school district in which the
43       juvenile offender will be residing if the juvenile is still required to attend


6

  1       a secondary school. Failure to notify pursuant to this section shall not be
  2       a reason to postpone a release. Nothing in this section shall create a cause
  3       of action against the state or county or an employee of the state or county
  4       acting within the scope of the employee's employment as a result of the
  5       failure to notify pursuant to this section.
  6             (c) Upon receipt of the notice required by subsection (b), the court
  7       shall review the proposed conditions of release and may recommend
  8       modifications or additions to the conditions.
  9             (d) If, during the conditional release, the juvenile offender is not re-
10       turning to the county from which committed, the person in charge of the
11       juvenile correctional facility shall also give notice to the court of the
12       county in which the juvenile offender is to be residing.
13             (e) To assure compliance with conditions of release from a juvenile
14       correctional facility, the commissioner shall have the authority to pre-
15       scribe the manner in which compliance with the conditions shall be su-
16       pervised. When requested by the commissioner, the appropriate court
17       may assist in supervising compliance with the conditions of release during
18       the term of the conditional release. The commissioner may require the
19       parents or guardians of the juvenile offender to cooperate and participate
20       with the conditions of release.
21             (f) For acts committed before July 1, 1999, the juvenile justice au-
22       thority shall notify at least 45 days prior to the discharge of the juvenile
23       offender the county or district attorney of the county where the offender
24       was adjudicated a juvenile offender of the release of such juvenile of-
25       fender, if such juvenile offender's offense would have constituted a class
26       A, B or C felony before July 1, 1993, or an off-grid felony, a nondrug
27       crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at
28       severity level 1, 2 or 3, on or after July 1, 1993, if committed by an adult.
29       The county or district attorney shall give written notice at least 30 days
30       prior to the release of the juvenile offender to: (1) Any victim of the
31       juvenile offender's crime who is alive and whose address is known to the
32       court or, if the victim is deceased, to the victim's family if the family's
33       address is known to the court; (2) the local law enforcement agency; and
34       (3) the school district in which the juvenile offender will be residing if
35       the juvenile is still required to attend a secondary school. Failure to notify
36       pursuant to this section shall not be a reason to postpone a release. Noth-
37       ing in this section shall create a cause of action against the state or county
38       or an employee of the state or county acting within the scope of the
39       employee's employment as a result of the failure to notify pursuant to
40       this section.
41             (g) Conditional release programs shall include, but not be limited to,
42       the treatment options of aftercare services.
43             Sec.  4. K.S.A. 1999 Supp. 38-1674 is hereby amended to read as


7

  1       follows: 38-1674. If it is alleged that a juvenile offender who has been
  2       conditionally released from a juvenile correctional facility has failed to
  3       obey the specified conditions of release, any officer assigned to supervise
  4       compliance with the conditions of release or the county or district attor-
  5       ney may file a motion with the committing court or the court of the county
  6       in which the juvenile offender is residing. The motion shall describe the
  7       alleged violation and request a hearing thereon. The court shall then
  8       proceed in the same manner and under the same procedure as provided
  9       for a hearing on a complaint filed under this code. If the court finds that
10       a condition of release has been violated, the court may modify or impose
11       additional conditions of release that the court considers appropriate, ex-
12       tend the term of the conditional release or order that the juvenile offender
13       be returned to the juvenile correctional facility until discharged by the
14       commissioner as determined by the placement matrix and the court's
15       determination of the specified term of incarceration to serve the condi-
16       tional release revocation incarceration and after care term set by the court
17       pursuant to the placement matrix as provided in K.S.A. 1999 Supp. 38-
18       16,129, and amendments thereto.
19             Sec.  5. K.S.A. 1999 Supp. 38-1675 is hereby amended to read as
20       follows: 38-1675. (a) Unless a juvenile is sentenced pursuant to an ex-
21       tended jurisdiction juvenile prosecution upon court order, and the com-
22       missioner transfers the juvenile offender to the custody of the secretary
23       of corrections, when a juvenile offender has reached the age 23 years or
24       has completed the prescribed term of incarceration at a juvenile correc-
25       tional facility together with any conditional release following the program,
26       the commissioner shall discharge the juvenile offender from any further
27       obligation under the commitment. The discharge shall operate as a full
28       and complete release from any obligations imposed on the juvenile of-
29       fender arising from the offense for which the juvenile offender was
30       committed.
31             (b) For acts committed before July 1, 1999, at least 45 days prior to
32       the discharge of the juvenile offender, the juvenile justice authority shall
33       notify the court and the county or district attorney of the county where
34       the offender was adjudicated a juvenile offender of the discharge of such
35       juvenile offender, if such juvenile offender's offense would have consti-
36       tuted a class A, B or C felony before July 1, 1993, or an off-grid felony,
37       a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime
38       ranked at severity level 1, 2 or 3, on or after July 1, 1993, if committed
39       by an adult. The county or district attorney shall give written notice at
40       least 30 days prior to the discharge of the juvenile offender to: (1) Any
41       victim of the juvenile offender's crime who is alive and whose address is
42       known to the court or, if the victim is deceased, to the victim's family if
43       the family's address is known to the court; (2) the local law enforcement


8

  1       agency; and (3) the school district in which the juvenile offender will be
  2       residing if the juvenile is still required to attend a secondary school. Fail-
  3       ure to notify pursuant to this section shall not be a reason to postpone a
  4       discharge. Nothing in this section shall create a cause of action against
  5       the state or county or an employee of the state or county acting within
  6       the scope of the employee's employment as a result of the failure to notify
  7       pursuant to this section.
  8             Sec.  6. K.S.A. 1999 Supp. 38-1676 is hereby amended to read as
  9       follows: 38-1676. (a) For acts committed before July 1, 1999, if a juvenile
10       offender has committed an act which, if committed by a person 18 years
11       of age or over, would constitute a class A or B felony, if the offense was
12       committed before July 1, 1993, or an off-grid felony, a nondrug crime
13       ranked at severity level 1, 2 or 3 or a drug crime ranked at severity level
14       1 or 2, if the offense was committed on or after July 1, 1993, and such
15       juvenile offender is to be released, 45 days before release, the commis-
16       sioner shall notify the county attorney or district attorney, the court, the
17       local law enforcement agency, and the school district in which the juvenile
18       offender will be residing if the juvenile is still required to attend a sec-
19       ondary school, of such pending release. The county attorney, district at-
20       torney or the court on its own motion may file a motion with the court
21       for a hearing to determine if the juvenile offender should be retained in
22       the custody of the commissioner, pursuant to K.S.A. 38-1675, and amend-
23       ments thereto. The court shall fix a time and place for hearing and shall
24       notify each party of the time and place.
25             (b) Following the hearing if the court orders for the commissioner to
26       retain custody, the juvenile offender shall not be held in a juvenile cor-
27       rectional facility for longer than the maximum term of imprisonment
28       which could be imposed upon an adult convicted of the offense or of-
29       fenses which the juvenile offender has been adjudicated to have
30       committed.
31             (c) As used in this section, "maximum term of imprisonment" means
32       the greatest maximum sentence authorized by K.S.A. 21-4501 and
33       amendments thereto, applying any enhanced penalty which would be
34       applicable under K.S.A. 21-4504 and amendments thereto and computing
35       terms as consecutive when required by K.S.A. 21-4608 and amendments
36       thereto.
37             (d) This section shall be part of and supplemental to the Kansas ju-
38       venile justice code.
39             Sec.  7. K.S.A. 1999 Supp. 38-1691 is hereby amended to read as
40       follows: 38-1691. (a) On and after January 1, 1993, no juvenile shall be
41       detained or placed in any jail pursuant to the Kansas juvenile justice code
42       except as provided by subsections (b), (c) and (d).
43             (b) Upon being taken into custody, an alleged juvenile offender may


9

  1       be detained temporarily in a jail, in quarters with sight and sound sepa-
  2       ration from adult prisoners, for the purpose of identifying and processing
  3       the juvenile and transferring the juvenile to a youth residential facility or
  4       juvenile detention facility. If a juvenile is detained in jail under this sub-
  5       section, the juvenile shall be detained only for the minimum time nec-
  6       essary, not to exceed six hours, and in no case overnight.
  7             (c) The provisions of this section shall not apply to detention of a
  8       juvenile :
  9             (1)  (A) Against whom a motion has been filed requesting prosecution
10       as an adult pursuant to K.S.A. 38-1636, and amendments thereto; and
11       (B) who has received the benefit of a detention hearing pursuant to K.S.A.
12       38-1640, and amendments thereto;
13             (2) whose prosecution as an adult or classification as an extended
14       jurisdiction juvenile has been authorized pursuant to K.S.A. 38-1636, and
15       amendments thereto; or
16             (3) who has been convicted previously as an adult under the code of
17       criminal procedure or the criminal laws of another state or foreign
18       jurisdiction.
19             (d) The provisions of this section shall not apply to the detention of
20       any person 18 years of age or more who is taken into custody and is being
21       prosecuted in accordance with the provisions of the Kansas juvenile jus-
22       tice code.
23             (e) The Kansas juvenile justice authority or the authority's contractor
24       shall have authority to review jail records to determine compliance with
25       the provisions of this section.
26             (f) This section shall be part of and supplemental to the Kansas ju-
27       venile justice code.
28             Sec.  8. K.S.A. 1999 Supp. 38-16,129 is hereby amended to read as
29       follows: 38-16,129. On and after July 1, 1999: (a) For the purpose of
30       committing juvenile offenders to a juvenile correctional facility, the fol-
31       lowing placements shall be applied by the judge in felony or misdemeanor
32       cases for offenses committed on or after July 1, 1999. If used, the court
33       shall establish a specific term of commitment as specified in this subsec-
34       tion, unless the judge conducts a departure hearing and finds substantial
35       and compelling reasons to impose a departure sentence as provided in
36       K.S.A. 1999 Supp. 38-16,132 and amendments thereto.
37             (1) Violent Offenders. (A) The violent offender I is defined as an
38       offender adjudicated as a juvenile offender for an offense which, if com-
39       mitted by an adult, would constitute an off-grid felony. Offenders in this
40       category may be committed to a juvenile correctional facility for a mini-
41       mum term of 60 months and up to a maximum term of the offender
42       reaching the age of 22 years, six months. The aftercare term for this
43       offender is set at a minimum term of six months and up to a maximum


10

  1       term of the offender reaching the age of 23 years.
  2             (B) The violent offender II is defined as an offender adjudicated as
  3       a juvenile offender for an offense which, if committed by an adult, would
  4       constitute a nondrug level 1, 2 or 3 felony. Offenders in this category may
  5       be committed to a juvenile correctional facility for a minimum term of
  6       24 months and up to a maximum term of the offender reaching the age
  7       22 years, six months. The aftercare term for this offender is set at a min-
  8       imum term of six months and up to a maximum term of the offender
  9       reaching the of age 23 years.
10             (2) Serious Offenders. (A) The serious offender I is defined as an
11       offender adjudicated as a juvenile offender for an offense which, if com-
12       mitted by an adult, would constitute a nondrug severity level 4, 5 or 6
13       person felony or a severity level 1 or 2 drug felony. Offenders in this
14       category may be committed to a juvenile correctional facility for a mini-
15       mum term of 18 months and up to a maximum term of 36 months. The
16       aftercare term for this offender is set at a minimum term of six months
17       and up to a maximum term of 24 months.
18             (B) The serious offender II is defined as an offender adjudicated as
19       a juvenile offender for an offense which, if committed by an adult, would
20       constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
21       prior felony adjudication. Offenders in this category may be committed
22       to a juvenile correctional facility for a minimum term of nine months and
23       up to a maximum term of 18 months. The aftercare term for this offender
24       is set at a minimum term of six months and up to a maximum term of 24
25       months.
26             (3) Chronic Offenders. (A) The chronic offender I, chronic felon is
27       defined as an offender adjudicated as a juvenile offender for an offense
28       which, if committed by an adult, would constitute:
29             (i) One present nonperson felony adjudication and two prior felony
30       adjudications; or
31             (ii) one present severity level 3 drug felony adjudication and two prior
32       felony adjudications.
33             Offenders in this category may be committed to a juvenile correctional
34       facility for a minimum term of six months and up to a maximum term of
35       18 months. The aftercare term for this offender is set at a minimum term
36       of six months and up to a maximum term of 12 months.
37             (B) The chronic offender II, escalating felon is defined as an offender
38       adjudicated as a juvenile offender for an offense which, if committed by
39       an adult, would constitute:
40             (i) One present felony adjudication and two prior misdemeanor
41       adjudications;
42             (ii) one present felony adjudication and two prior severity level 4 drug
43       adjudications;


11

  1             (iii) one present severity level 3 drug felony adjudication and two
  2       prior misdemeanor adjudications; or
  3             (iv) one present severity level 3 drug felony adjudication and two
  4       prior severity level 4 drug adjudications.
  5             Offenders in this category may be committed to a juvenile correctional
  6       facility for a minimum term of six months and up to a maximum term of
  7       18 months. The aftercare term for this offender is set at a minimum term
  8       of six months and up to a maximum term of 12 months.
  9             (C) The chronic offender III, escalating misdemeanant is defined as
10       an offender adjudicated as a juvenile offender for an offense which, if
11       committed by an adult, would constitute:
12             (i) One present misdemeanor adjudication and two prior misde-
13       meanor adjudications and two out-of-home placement failures;
14             (ii) one present misdemeanor adjudication and two prior severity
15       level 4 drug felony adjudications and two out-of-home placement failures;
16             (iii) one present severity level 4 drug felony adjudication and two
17       prior misdemeanor adjudications and two out-of-home placement fail-
18       ures; or
19             (iv) one present severity level 4 drug felony adjudication and two
20       prior severity level 4 drug felony adjudications and two out-of-home
21       placement failures.
22             Offenders in this category may be committed to a juvenile correctional
23       facility for a minimum term of three months and up to a maximum term
24       of six months. The aftercare term for this offender is set at a minimum
25       term of three months and up to a maximum term of six months.
26             (4) Conditional Release Violators. Conditional release violators may
27       be committed to a juvenile correctional facility, youth residential facility,
28       juvenile detention facility, institution, a sanctions house or to other ap-
29       propriate community placement for a minimum term of three months
30       and up to a maximum term of six months. The aftercare term for this
31       offender is set at a minimum term of two months and up to a maximum
32       term of six months, or the maximum term of the original aftercare term,
33       whichever is longer.
34             (b) As used in this section: (1) "Placement failure" means a juvenile
35       offender has been placed out-of-home on probation in a community
36       placement accredited by the commissioner in a juvenile offender case
37       and the offender has violated significantly the terms of probation in that
38       case.
39             (2) "Adjudication" includes out-of-state juvenile adjudications. An
40       out-of-state offense which if committed by an adult would constitute the
41       commission of a felony or misdemeanor shall be classified as either a
42       felony or a misdemeanor according to the adjudicating jurisdiction. If an
43       offense which if committed by an adult would constitute the commission


12

  1       of a felony is a felony in another state, it will be deemed a felony in Kansas.
  2       The state of Kansas shall classify the offense, which if committed by an
  3       adult would constitute the commission of a felony or misdemeanor, as
  4       person or nonperson. In designating such offense as person or nonperson,
  5       reference to comparable offenses shall be made. If the state of Kansas
  6       does not have a comparable offense, the out-of-state adjudication shall
  7       be classified as a nonperson offense.
  8             (c) All appropriate community placement options shall have been ex-
  9       hausted before a chronic offender III, escalating misdemeanant shall be
10       placed in a juvenile correctional facility. A court finding shall be made
11       acknowledging that appropriate community placement options have been
12       pursued and no such option is appropriate.
13             (d) The commissioner shall work with the community to provide on-
14       going support and incentives for the development of additional commu-
15       nity placements to ensure that the chronic offender III, escalating mis-
16       demeanant sentencing category is not frequently utilized.
17             Sec.  9. K.S.A. 1999 Supp. 75-7023 is hereby amended to read as
18       follows: 75-7023. (a) The supreme court through administrative orders
19       shall provide for the establishment of a juvenile intake and assessment
20       system and for the establishment and operation of juvenile intake and
21       assessment programs in each judicial district. On and after July 1, 1997,
22       the secretary of social and rehabilitation services may contract with the
23       commissioner of juvenile justice to provide for the juvenile intake and
24       assessment system and programs for children in need of care. Except as
25       provided further, on and after July 1, 1997, the commissioner of juvenile
26       justice shall promulgate rules and regulations for the juvenile intake and
27       assessment system and programs concerning juvenile offenders. If the
28       commissioner contracts with the office of judicial administration to ad-
29       minister the juvenile intake and assessment system and programs con-
30       cerning juvenile offenders, the supreme court administrative orders shall
31       be in force until such contract ends and the rules and regulations con-
32       cerning juvenile intake and assessment system and programs concerning
33       juvenile offenders have been adopted.
34             (b) No records, reports and information obtained as a part of the
35       juvenile intake and assessment process may be admitted into evidence in
36       any proceeding and may not be used in a child in need of care proceeding
37       except for diagnostic and referral purposes and by the court in considering
38       dispositional alternatives. However, if the records, reports or information
39       are in regard to abuse or neglect, which is required to be reported under
40       K.S.A. 38-1522, and amendments thereto, such records, reports or infor-
41       mation may then be used for any purpose in a child in need of care
42       proceeding pursuant to the Kansas code for care of children.
43             (c) Upon a juvenile child being taken into custody pursuant to K.S.A.


13

  1       38-1624, and amendments thereto, a juvenile intake and assessment
  2       worker shall complete the intake and assessment process as required by
  3       supreme court administrative order or district court rule prior to July 1,
  4       1997, or except as provided above rules and regulations established by
  5       the commissioner of juvenile justice on and after July 1, 1997.
  6             (d) Except as provided in subsection (g) and in addition to any other
  7       information required by the supreme court administrative order, the sec-
  8       retary, the commissioner or by the district court of such district, the ju-
  9       venile intake and assessment worker shall collect the following
10       information:
11             (1) A standardized risk assessment tool, such as the problem oriented
12       screening instrument for teens;
13             (2) criminal history, including indications of criminal gang
14       involvement;
15             (3) abuse history;
16             (4) substance abuse history;
17             (5) history of prior community services used or treatments provided;
18             (6) educational history;
19             (7) medical history; and
20             (8) family history.
21             (e) After completion of the intake and assessment process for such
22       child, the intake and assessment worker may:
23             (1) Release the child to the custody of the child's parent, other legal
24       guardian or another appropriate adult if the intake and assessment worker
25       believes that it would be in the best interest of the child and it would not
26       be harmful to the child to do so.
27             (2) Conditionally release the child to the child's parent, other legal
28       guardian or another appropriate adult if the intake and assessment worker
29       believes that if the conditions are met, it would be in the child's best
30       interest to release the child to such child's parent, other legal guardian
31       or another appropriate adult; and the intake and assessment worker has
32       reason to believe that it might be harmful to the child to release the child
33       to such child's parents, other legal guardian or another appropriate adult
34       without imposing the conditions. The conditions may include, but not be
35       limited to:
36             (A) Participation of the child in counseling;
37             (B) participation of members of the child's family in counseling;
38             (C) participation by the child, members of the child's family and other
39       relevant persons in mediation;
40             (D) provision of inpatient treatment for the child;
41             (E) referral of the child and the child's family to the secretary of social
42       and rehabilitation services for services and the agreement of the child and
43       family to accept and participate in the services offered;


14

  1             (F) referral of the child and the child's family to available community
  2       resources or services and the agreement of the child and family to accept
  3       and participate in the services offered;
  4             (G) requiring the child and members of the child's family to enter
  5       into a behavioral contract which may provide for regular school attend-
  6       ance among other requirements; or
  7             (H) any special conditions necessary to protect the child from future
  8       abuse or neglect.
  9             (3) Deliver the child to a shelter facility or a licensed attendant care
10       center along with the law enforcement officer's written application. The
11       shelter facility or licensed attendant care facility shall then have custody
12       as if the child had been directly delivered to the facility by the law en-
13       forcement officer pursuant to K.S.A. 38-1528, and amendments thereto.
14             (4) Refer the child to the county or district attorney for appropriate
15       proceedings to be filed or refer the child and family to the secretary of
16       social and rehabilitation services for investigations in regard to the
17       allegations.
18             (5) Make recommendations to the county or district attorney con-
19       cerning immediate intervention programs which may be beneficial to the
20       juvenile.
21             (f) The commissioner may adopt rules and regulations which allow
22       local juvenile intake and assessment programs to create a risk assessment
23       tool, as long as such tool meets the mandatory reporting requirements
24       established by the commissioner.
25             (g) Parents, guardians and juveniles may access the juvenile intake
26       and assessment programs on a voluntary basis. The parent or guardian
27       shall be responsible for the costs of any such program utilized.
28             New Sec.  10. In any action pursuant to the Kansas juvenile justice
29       code in which the respondent is adjudicated upon a plea of guilty or trial
30       by court or jury or upon completion of an appeal, the judge, if sentencing
31       the respondent to confinement, shall direct that, for the purpose of com-
32       puting respondent's sentence and release, eligibility and conditional re-
33       lease dates thereunder, that such sentence is to be computed from a date,
34       to be specifically designated by the court in the sentencing order. Such
35       date shall be established to reflect and shall be computed as an allowance
36       for the time which the respondent has spent incarcerated pending the
37       disposition of the respondent's case. In recording the date of commence-
38       ment of such sentence, the date as specifically set forth by the court shall
39       be used as the date of sentence and all good time calculations authorized
40       by law are to be allowed on such sentence from such date as though the
41       defendant were actually incarcerated in a juvenile correctional facility.
42       Such credit shall not reduce the minimum term of incarceration author-
43       ized by law for the offense of which the respondent has been adjudicated.


15

  1             New Sec.  11. All juvenile corrections officers and those employees
  2       within the juvenile corrections officer series first employed on and after
  3       July 1, 2000, shall be required to be at least 21 years of age, shall possess
  4       no felony convictions, and shall meet such physical agility requirements
  5       as set by the commissioner. 
  6       Sec.  12. K.S.A. 38-1568 and K.S.A. 1999 Supp. 22-4904, 38-1673,
  7       38-1674, 38-1675, 38-1676, 38-1691, 38-16,129 and 75-7023 are hereby
  8       repealed.
  9        Sec.  13. This act shall take effect and be in force from and after its
10       publication in the statute book.