March 8, 1999

Journal of the House

THIRTY-NINTH DAY ______

Hall of the House of Represenatitives

Topeka, KS, Monday, March 8, 1999, 11:00 a.m.

The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

The roll was called with 123 members present.

Rep. E. Peterson was excused on legislative business.

Rep. J. Peterson was excused on excused absence by the Speaker.

Prayer by guest chaplain, the Rev. Curtis Knapp, pastor, Soli Deo Gloria Baptist Church,
Topeka, guest and son-in-law of Rep. Freeborn:

Heavenly Father,

I come before you today with a boldness not rooted in my own merit
but in the merit of your Son Jesus, who knew no sin but became sin for us
so that in Him we might become the righteousness of God. I ask that You
would pour out Your grace upon these legislators. You delight in
righteousness, justice and loving kindness, and I pray that such things would
be made manifest through the work of these people.

Their challenges and needs are great. When they are confused, be their
wisdom. When they are fearful, be their courage. When dissension spreads
and tempers flare, be their peace. When they are exhausted, be their strength.
When they are depressed, be their joy. When they are in pain, be their
comfort. When they are vulnerable, be their shield. In all these ways and
more, O God, supply every need and show Yourself to be One of great power.
I ask these things for the sake of Your mercy. Amen.

The Pledge of Allegiance was led by Rep. Gilmore.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:

Environment: HB 2551.

Federal and State Affairs: HB 2550, 2552.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2066 from Committee on
Calendar and Printing and rereferral to Committee on Insurance.

Also, the withdrawal of HB 2440 from Committee on Federal and State Affairs and
rereferral to Committee on Judiciary.

Also, the withdrawal of Sub. HB 2490 from Committee on Calendar and Printing and
referral to Committee of the Whole.

COMMUNICATIONS FROM STATE OFFICERS
From Marilyn Scafe, Chairperson, Kansas Parole Board, pursuant to K.S.A. 22-3710,
Kansas Parole Board Annual Report, Fiscal Year 1998.

From State of Kansas Board of Indigents' Defense Services, Annual Report to the
Governor and Legislature, FY 1998.

The complete reports are kept on file and open for inspection in the office of the Chief
Clerk.

CONSENT CALENDAR
Objection was made to SB 31 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

No objection was made to HB 2427; SB 27, 28, 29, 30, 32, 33, 34, 35, 36, 37 appearing
on the Consent Calendar for the second day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
Sub. HB 2013, An act concerning bingo; relating to the regulation and taxation thereof;
amending K.S.A. 79-4701, 79-4703, 79-4704, 79-4705, 79-4705a, 79-4706, 79-4707, 79-
4708, 79-4710, 79-4711, 79-4712a, 79-4713 and 79-4714 and K.S.A. 1998 Supp. 79-3606
and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 95; Nays 27; Present but not voting: 1; Absent or not
voting: 2.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Barnes, Beggs, Bethell, Boston,
Burroughs, Cox, Crow, Dean, Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn,
Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert,
Grant, Gregory, Haley, Helgerson, Henderson, Henry, Horst, Howell, Huff,
Humerickhouse, Hutchins, Jenkins, Johnson, Johnston, Kirk, Klein, Phil Kline, Kuether,
Landwehr, Lane, Larkin, M. Long, P. Long, Mason, Mayans, Mays, McClure, McCreary,
McKechnie, Myers, Nichols, O'Brien, O'Connor, Osborne, Palmer, Pauls, Phelps, Pottorff,
Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter,
Shriver, Shultz, Sloan, Spangler, Stone, Storm, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vickrey, Vining, Weiland, Wells, Welshimer, Wilk.

Nays: Ballou, Benlon, Campbell, Carmody, Compton, Dahl, Gilmore, Glasscock,
Hayzlett, Hermes, Holmes, Jennison, Phill Kline, Krehbiel, Light, Lightner, Lloyd, Loyd,
McKinney, Minor, Mollenkamp, Morrison, Neufeld, O'Neal, Swenson, Tedder, Weber.

Present but not voting: Wagle.

Absent or not voting: E. Peterson, J. Peterson.

The substitute bill passed.

EXPLANATION OF VOTE
Mr. Speaker: On Sub. HB 2013 I vote no. It imposes greater regulation on bingo
operations of non-profit organizations, or the potential for doing so. It takes away revenue
from local government, and provides no substitute. It expands gambling.--Ward Loyd,
Bill Light, Cindy Hermes, Kathe Lloyd, Carl Krehbiel, Patricia Lightner

HB 2031, An act concerning a state fish, was considered on final action.

On roll call, the vote was: Yeas 66; Nays 56; Present but not voting: 1; Absent or not
voting: 2.

Yeas: Alldritt, Ballard, Barnes, Beggs, Burroughs, Campbell, Dahl, Dean, Faber, Farmer,
Findley, Flaharty, Flora, Flower, Franklin, Garner, Gatewood, Geringer, Gilbert, Gilmore,
Grant, Haley, Helgerson, Henry, Howell, Huff, Humerickhouse, Kirk, Klein, Phill Kline,
Kuether, Larkin, M. Long, P. Long, Mason, Mayans, McClure, McCreary, McKinney,
Myers, O'Brien, O'Connor, O'Neal, Osborne, Palmer, Pauls, Phelps, Powell, Powers,
Rehorn, Reinhardt, Ruff, Sharp, Showalter, Shriver, Spangler, Stone, Storm, Tedder,
Thimesch, Toelkes, Toplikar, Vining, Wagle, Weiland, Welshimer.

Nays: Aday, Adkins, Allen, Aurand, Ballou, Benlon, Bethell, Boston, Compton, Cox,
Crow, Dreher, Edmonds, Empson, Feuerborn, Freeborn, Glasscock, Gregory, Hayzlett,
Henderson, Hermes, Holmes, Horst, Hutchins, Jenkins, Jennison, Johnson, Johnston, Phil
Kline, Krehbiel, Landwehr, Lane, Light, Lightner, Lloyd, Loyd, Mays, McKechnie, Minor,
Mollenkamp, Morrison, Neufeld, Nichols, Pottorff, Ray, Reardon, Schwartz, Shultz, Sloan,
Swenson, Tanner, Tomlinson, Vickrey, Weber, Wells, Wilk.

Present but not voting: Carmody.

Absent or not voting: E. Peterson, J. Peterson.

The bill passed.

EXPLANATIONS OF VOTE
Mr. Speaker: I vote no on HB 2031. By advancing this measure we are frittering away
the State resources. We are frittering away our time. We are frittering away our money.
The only thing appropriate to this action is that fritters go with catfish.--Robert
Tomlinson

Mr. Speaker: I vote ``no'' on HB 2031:

I do not like this ``state fish'' stuff.

I do not like official fluff.

I do not like it in the House.

What will be next, the Kansas mouse?

I do not like tax funds to waste.

We should have killed this bill in haste.

I do not like this ``state fish'' plan.

I do not like it, Speaker-man.

(with apologies to Dr. Seuss)--John T. Edmonds

Mr. Speaker: While I am supportive of students studying the legislative process, we have
yet to deal with tax and school finance issues. Designating a state fish diverted valuable time
and attention away from such serious issues. I therefore vote no on HB 2031.--Deena
Horst

HCR 5017, A concurrent resolution urging Congress to direct the Environmental
Protection Agency to cease implementation of new restrictions for aluminum and
magnesium phosphide based grain fumigants and to ensure that risk mitigation allowances
for such grain fumigants are based on sound science and reliable information, was
considered on final action.

On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

Yeas: Aday, Adkins, Alldritt, Allen, Aurand, Ballard, Ballou, Barnes, Beggs, Benlon,
Bethell, Boston, Burroughs, Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean,
Dreher, Edmonds, Empson, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower,
Franklin, Freeborn, Garner, Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant,
Gregory, Haley, Hayzlett, Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell,
Huff, Humerickhouse, Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil
Kline, Phill Kline, Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M.
Long, P. Long, Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney,
Minor, Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, O'Neal,
Osborne, Palmer, Pauls, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt,
Ruff, Schwartz, Sharp, Showalter, Shriver, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tanner, Tedder, Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber,
Weiland, Wells, Welshimer, Wilk.

Nays: None.

Present but not voting: None.

Absent or not voting: E. Peterson, J. Peterson.

The resolution was adopted, as amended.

SCR 1602, A concurrent resolution urging the secretary of the United States department
of agriculture to provide greater opportunities to the farmers of the United States by taking
greater advantage of the export enhancement program and demanding that the justice
department and the packers and stockyard division of the United States department of
agriculture investigate the absence of competition in the livestock and grain industry and
the justice department seriously scrutinize the Cargill and Continental Grain Merger, was
considered on final action.

On roll call, the vote was: Yeas 118; Nays 5; Present but not voting: 0; Absent or not
voting: 2.

Yeas: Aday, Alldritt, Allen, Ballard, Ballou, Barnes, Beggs, Bethell, Boston, Burroughs,
Campbell, Carmody, Compton, Cox, Crow, Dahl, Dean, Dreher, Edmonds, Empson,
Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Flower, Franklin, Freeborn, Garner,
Gatewood, Geringer, Gilbert, Gilmore, Glasscock, Grant, Gregory, Haley, Hayzlett,
Helgerson, Henderson, Henry, Hermes, Holmes, Horst, Howell, Huff, Humerickhouse,
Hutchins, Jenkins, Jennison, Johnson, Johnston, Kirk, Klein, Phil Kline, Phill Kline,
Krehbiel, Kuether, Landwehr, Lane, Larkin, Light, Lightner, Lloyd, M. Long, P. Long,
Loyd, Mason, Mayans, Mays, McClure, McCreary, McKechnie, McKinney, Minor,
Mollenkamp, Morrison, Myers, Neufeld, Nichols, O'Brien, O'Connor, Osborne, Palmer,
Pauls, Phelps, Pottorff, Powell, Powers, Ray, Reardon, Rehorn, Reinhardt, Ruff, Schwartz,
Sharp, Showalter, Shultz, Sloan, Spangler, Stone, Storm, Swenson, Tanner, Tedder,
Thimesch, Toelkes, Tomlinson, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland, Wells,
Welshimer, Wilk.

Nays: Adkins, Aurand, Benlon, O'Neal, Shriver.

Present but not voting: None.

Absent or not voting: E. Peterson, J. Peterson.

The resolution was adopted, as amended.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Landwehr in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Landwehr, Committee of the Whole report, as follows, was adopted:

Recommended that committee report to HB 2446 be adopted; and the bill be passed as
amended.

On motion of Rep. Edmonds to rerefer HR 6006 to Committee on Federal and State
Affairs, the motion did not prevail, and the resolution be adopted.

Committee report to HB 2011 be adopted; also, on motion of Rep. Weiland to amend,
Rep. Franklin requested a ruling on the amendment being germane to the bill. Rep. Weiland
subsequently withdrew the amendment, and the bill be passed as amended.

Roll call was demanded on motion of Rep. Larkin to amend SCR 1605 on page 1, after
line 31, by inserting:

``WHEREAS, Market concentration in the beef and pork packing industry has reached
unprecedented proportions; and

WHEREAS, The lack of competition in the meat packing industry has resulted in
historically low beef and pork prices for producers and historically high prices for consumer;
and

WHEREAS, The national pork producers council has testified before the United States
Congress as to the need for mandatory price reporting by packers; and

WHEREAS, The national cattleman's beef association has passed a resolution in support
of mandatory price reporting; and

WHEREAS, Foreign beef and pork products are not raised or produced under the same
regulatory standards to insure consumer health and safety as beef and pork raised and
produced in the United States; and'';

Also on page 1, after line 43, by inserting:

``Be it further resolved: That Congress pass laws that prohibit discriminatory pricing by
packers, require mandatory price reporting by packers and prohibit retaliation against a
producer by a packer; and

Be it further resolved: That Congress pass laws that require country of origin labeling on
foreign beef and pork products raised and produced in other countries as currently required
for beef and pork raised in the United States; and'';

On page 2, in line 7, after ``Agriculture'' by inserting ``, the Attorney General of the United
States'';

Also on page 1, in the title, in line 16, after ``products'' by inserting ``and urging Congress
to pass laws that prohibit discriminatory pricing, require mandatory price reporting by
packers, prohibit retaliation against a producer by a packer and require country of origin
labeling on foreign beef and pork raised and produced in other countries''

On roll call, the vote was: Yeas 81; Nays 41; Present but not voting: 0; Absent or not
voting: 3.

Yeas: Aday, Alldritt, Ballard, Barnes, Boston, Burroughs, Carmody, Crow, Dahl, Dean,
Edmonds, Faber, Farmer, Feuerborn, Findley, Flaharty, Flora, Garner, Gatewood, Gilbert,
Grant, Gregory, Haley, Helgerson, Henderson, Henry, Hermes, Horst, Howell, Hutchins,
Johnston, Kirk, Klein, Kuether, Landwehr, Larkin, Lightner, M. Long, P. Long, Mayans,
Mays, McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Nichols, O'Brien, O'Connor, Osborne, Palmer, Pauls, Phelps, Pottorff, Powell, Powers,
Reardon, Rehorn, Reinhardt, Ruff, Sharp, Shultz, Sloan, Spangler, Stone, Storm, Swenson,
Tedder, Thimesch, Toelkes, Toplikar, Vickrey, Vining, Wagle, Weiland, Wells, Welshimer,
Wilk.

Nays: Adkins, Allen, Aurand, Beggs, Benlon, Bethell, Campbell, Compton, Cox, Dreher,
Empson, Flower, Franklin, Freeborn, Geringer, Gilmore, Glasscock, Hayzlett, Holmes,
Huff, Humerickhouse, Jenkins, Jennison, Johnson, Phil Kline, Phill Kline, Krehbiel, Lane,
Light, Lloyd, Loyd, Mason, Neufeld, O'Neal, Ray, Schwartz, Showalter, Shriver, Tanner,
Tomlinson, Weber.

Present but not voting: None.

Absent or not voting: Ballou, E. Peterson, J. Peterson.

The motion of Rep. Larkin prevailed, and SCR 1605 be adopted as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Business, Commerce and Labor recommends Substitute for SB
270 be amended on page 17, in line 7, after the period, by inserting ``For rate years 2000,
2001 and 2002, schedule IIIA shall apply.

SCHEDULE IIIA -- Fund Control Ratios to Total Wages Column A Column B

Reserve Fund Ratio Planned Yield

4.250 and over	0.00
4.225 but less than 4.250	0.01
4.200 but less than 4.225	0.02
4.175 but less than 4.200	0.03
4.150 but less than 4.175	0.04
4.125 but less than 4.150	0.05
4.100 but less than 4.125	0.06
4.075 but less than 4.100	0.07
4.050 but less than 4.075	0.08
4.025 but less than 4.050	0.09
4.000 but less than 4.025	0.10
3.950 but less than 4.000	0.11
3.900 but less than 3.950	0.12
3.850 but less than 3.900	0.13
3.800 but less than 3.850	0.14
3.750 but less than 3.800	0.15
3.700 but less than 3.750	0.16
3.650 but less than 3.700	0.17
3.600 but less than 3.650	0.18
3.550 but less than 3.600	0.19
3.500 but less than 3.550	0.20
3.450 but less than 3.500	0.21
3.400 but less than 3.450	0.22
3.350 but less than 3.400	0.23
3.300 but less than 3.350	0.24
3.250 but less than 3.300	0.25
3.200 but less than 3.250	0.26
3.150 but less than 3.200	0.27
3.100 but less than 3.150	0.28
3.050 but less than 3.100	0.29
3.000 but less than 3.050	0.30
2.950 but less than 3.000	0.31
2.900 but less than 2.950	0.32
2.850 but less than 2.900	0.33
2.800 but less than 2.850	0.34
2.750 but less than 2.800	0.35
2.700 but less than 2.750	0.36
2.650 but less than 2.700	0.37
2.600 but less than 2.650	0.38
2.550 but less than 2.600	0.39
2.500 but less than 2.550	0.40
2.450 but less than 2.500	0.41
2.400 but less than 2.450	0.42
2.350 but less than 2.400	0.43
2.300 but less than 2.350	0.44
2.250 but less than 2.300	0.45
2.200 but less than 2.250	0.46
2.150 but less than 2.200	0.47
2.100 but less than 2.150	0.48
2.050 but less than 2.100	0.49
2.000 but less than 2.050	0.50
1.975 but less than 2.000	0.51
1.950 but less than 1.975	0.52
1.925 but less than 1.950	0.53
1.900 but less than 1.925	0.54
1.875 but less than 1.900	0.55
1.850 but less than 1.875	0.56
1.825 but less than 1.850	0.57
1.800 but less than 1.825	0.58
1.775 but less than 1.800	0.59
1.750 but less than 1.775	0.60
1.725 but less than 1.750	0.61
1.700 but less than 1.725	0.62
1.675 but less than 1.700	0.63
1.650 but less than 1.675	0.64
1.625 but less than 1.650	0.65
1.600 but less than 1.625	0.66
1.575 but less than 1.600	0.67
1.550 but less than 1.575	0.68
1.525 but less than 1.550	0.69
1.500 but less than 1.525	0.70
1.475 but less than 1.500	0.71
1.450 but less than 1.475	0.72
1.425 but less than 1.450	0.73
1.400 but less than 1.425	0.74
1.375 but less than 1.400	0.75
1.350 but less than 1.375	0.76
1.325 but less than 1.350	0.77
1.300 but less than 1.325	0.78
1.275 but less than 1.300	0.79
1.250 but less than 1.275	0.80
1.225 but less than 1.250	0.81
1.200 but less than 1.225	0.82
1.175 but less than 1.200	0.83
1.150 but less than 1.175	0.84
1.125 but less than 1.150	0.85
1.100 but less than 1.125	0.86
1.075 but less than 1.100	0.87
1.050 but less than 1.075	0.88
1.025 but less than 1.050	0.89
1.000 but less than 1.025	0.90
0.900 but less than 1.000	0.91
0.800 but less than 0.900	0.92
0.700 but less than 0.800	0.93
0.600 but less than 0.700	0.94
0.500 but less than 0.600	0.95
0.400 but less than 0.500	0.96
0.300 but less than 0.400	0.97
0.200 but less than 0.300	0.98
0.100 but less than 0.200	0.99
Less than 0.100%	1.00

On page 20, in line 24, after the period, by inserting ``On January 15 of 2000, 2001 and
2002, the secretary shall report to the legislature concerning the adequacy of the fund. On
July 15 of 2000, 2001 and 2002, the secretary shall make the same report to the legislative
coordinating council. As a part of such report, the secretary shall include any
recommendations for adjustment of schedule IIIA.''; and the substitute bill be passed as
amended.

The Committee on Judiciary recommends HB 2440 be amended on page 1, in line 29,
by striking all after the period; by striking all in lines 30 through 36 and inserting in lieu
thereof the following: ``A finding that the victim was aware of such victim's fate or felt the
physical trauma that resulted in the victim's death is not necessary to find that the manner
in which the defendant killed the victim was especially heinous, atrocious or cruel. In making
this determination, any of the following conduct by the defendant may be considered
sufficient:

(1) Prior stalking of or criminal threats to the victim;

(2) preparation or planning, indicating an intention that the killing was meant to be
especially heinous, atrocious or cruel;

(3) infliction of mental anguish or physical abuse before the victim's death;

(4) torture of the victim;

(5) continuous acts of violence begun before or continuing after the killing;

(6) desecration of the victim's body in a manner indicating a particular depravity of
mind, either during or following the killing; or

(7) any other conduct in the opinion of the court that is especially heinous, atrocious or
cruel.''; and the bill be passed as amended.

The Committee on Judiciary recommends SB 149 be amended on page 1, after line 13,
by inserting the following:

``Section 1. K.S.A. 1998 Supp. 21-3413 is hereby amended to read as follows: 21-3413.
Battery against a law enforcement officer is a battery, as defined in K.S.A. 21-3412 and
amendments thereto:

(a) (1) Committed against a uniformed or properly identified state, county or city law
enforcement officer other than a state correctional officer or employee, a city or county
correctional officer or employee, a juvenile correctional facility officer or employee or a
juvenile detention facility officer or employee, while such officer is engaged in the
performance of such officer's duty;

(2) committed against a state correctional officer or employee by a person in custody
of the secretary of corrections, while such officer or employee is engaged in the performance
of such officer's or employee's duty;

(3) committed against a juvenile correctional facility officer or employee by a person
confined in such juvenile correctional facility, while such officer or employee is engaged in
the performance of such officer's or employee's duty;

(4) committed against a juvenile detention facility officer or employee by a person
confined in such juvenile detention facility, while such officer or employee is engaged in
the performance of such officer's or employee's duty; or

(5) committed against a city or county correctional officer or employee by a person
confined in a city holding facility or county jail facility, while such officer or employee is
engaged in the performance of such officer's or employee's duty.

(b) Battery against a law enforcement officer as defined in subsection (a)(1) is a class A
person misdemeanor. Battery against a law enforcement officer as defined in subsection
(a)(2), (a)(3), (a)(4) or (a)(5) is a severity level 6 5, person felony.

(c) As used in this section:

(1) ``Correctional institution'' means any institution or facility under the supervision and
control of the secretary of corrections.

(2) ``State correctional officer or employee'' means any officer or employee of the Kansas
department of corrections or any independent contractor, or any employee of such
contractor, working at a correctional institution.

(3) ``Juvenile correctional facility officer or employee'' means any officer or employee
of the juvenile justice authority or any independent contractor, or any employee of such
contractor, working at a juvenile correctional facility, as defined in K.S.A. 38-1602 and
amendments thereto.

(4) ``Juvenile detention facility officer or employee'' means any officer or employee of
a juvenile detention facility as defined in K.S.A. 38-1602 and amendments thereto.

(5) ``City or county correctional officer or employee'' means any correctional officer or
employee of the city or county or any independent contractor, or any employee of such
contractor, working at a city holding facility or county jail facility.

Sec. 2. K.S.A. 21-3520 is hereby amended to read as follows: 21-3520. (a) Unlawful
sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or
sodomy with a person who is not married to the offender if:

(1) The offender is an employee of the department of corrections or the employee of a
contractor who is under contract to provide services in a correctional institution and the
person with whom the offender is engaging in consensual sexual intercourse, lewd fondling
or touching, or sodomy is an inmate; or

(2) the offender is a parole officer and the person with whom the offender is engaging
in consensual sexual intercourse, lewd fondling or touching, or sodomy is an inmate who
has been released on parole or conditional release or postrelease supervision under the
direct supervision and control of the offender.; or

(3) the offender is a law enforcement officer, an employee of a jail, or the employee of
a contractor who is under contract to provide services in a jail and the person with whom
the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or
sodomy is a person 16 years of age or older who is confined by lawful custody to such jail;
or

(4) the offender is a law enforcement officer, an employee of a juvenile detention facility
or sanctions house, or the employee of a contractor who is under contract to provide services
in such facility or sanctions house and the person with whom the offender is engaging in
consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of
age or older who is confined by lawful custody to such facility or sanctions house; or

(5) the offender is an employee of the juvenile justice authority or the employee of a
contractor who is under contract to provide services in a juvenile correctional facility and
the person with whom the offender is engaging in consensual sexual intercourse, lewd
fondling or touching, or sodomy is a person 16 years of age or older who is confined by
lawful custody to such facility; or

(6) the offender is an employee of the juvenile justice authority or the employee of a
contractor who is under contract to provide direct supervision and offender control services
to the juvenile justice authority and the person with whom the offender is engaging in
consensual sexual intercourse, lewd fondling or touching, or sodomy is 16 years of age or
older and (A) released on conditional release from a juvenile correctional facility under the
direct supervision and control of the offender or (B) placed in the custody of the juvenile
justice authority under the direct supervision and control of the offender.

(b) For purposes of this act:

(1) ``Correctional institution'' means the same as prescribed by K.S.A. 75-5202, and
amendments thereto;

(2) ``inmate'' means the same as prescribed by K.S.A. 75-5202, and amendments thereto;

(3) ``parole officer'' means the same as prescribed by K.S.A. 75-5202, and amendments
thereto; ~~and~~

(4) ``postrelease supervision'' means the same as prescribed in the Kansas sentencing
guidelines act in K.S.A. 21-4703.;

(5) ``juvenile detention facility'' means the same as prescribed by K.S.A. 38-1602, and
amendments thereto;

(6) ``juvenile correctional facility'' means the same as prescribed by K.S.A. 38-1602, and
amendments thereto;

(7) ``sanctions house'' means the same as prescribed by K.S.A. 38-1602, and amendments
thereto.

(c) Unlawful sexual relations is a severity level 10 person felony.

Sec. 3. K.S.A. 1998 Supp. 21-3810 is hereby amended to read as follows: 21-3810.
Aggravated escape from custody is:

(a) Escaping while held in lawful custody (1) upon a charge or conviction of a felony or
(2) upon a charge or adjudication as a juvenile offender as defined in K.S.A. 38-1602, and
amendments thereto, where the act, if committed by an adult, would constitute a felony, or
(3) prior to or upon a finding of probable cause for evaluation as a sexually violent predator
as provided in K.S.A. 59-29a05 and amendments thereto, or (4) upon commitment to a
treatment facility as a sexually violent predator as provided pursuant to K.S.A. 59-29a01 et
seq. and amendments thereto or (5) upon a commitment to the state security hospital as
provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person
committed an act constituting a felony; or (6) by a person 18 years of age or over who is
being held ~~in lawful custody~~ on an adjudication of a felony or (7) upon incarceration at a
state correctional institution as defined in K.S.A. 75-5207 and amendments thereto, while
in the custody of the secretary of corrections; or

(b) Escaping effected or facilitated by the use of violence or the threat of violence against
any person while held in lawful custody (1) on a charge or conviction of any crime or (2)
on a charge or adjudication as a juvenile offender as defined in K.S.A. 38-1602, and
amendments thereto, where the act, if committed by an adult, would constitute a felony, or
(3) prior to or upon a finding of probable cause for evaluation as a sexually violent predator
as provided in K.S.A. 59-29a05 and amendments thereto, or (4) upon commitment to a
treatment facility as a sexually violent predator as provided in K.S.A. 59-29a01 et seq. and
amendments thereto or (5) upon a commitment to the state security hospital as provided
in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed
an act constituting any crime or (6) by a person 18 years of age or over who is being held
~~in lawful custody or~~ on a charge or adjudication of a misdemeanor or felony ~~when such~~
~~escape is effected or facilitated by the use of violence or the threat of violence against any~~
~~person~~ or (7) upon incarceration at a state correctional institution as defined in K.S.a. 75-
5207 and amendments thereto, while in the custody of the secretary of corrections.

(c) (1) Aggravated escape from custody as described in subsection (a)(1), (a)(3), (a)(4),
(a)(5) or (a)(6) is a severity level 8, nonperson felony.

(2) Aggravated escape from custody as described in subsection (a)(2) or (a)(7) is a
severity level 5, nonperson felony.

~~(2)~~ (3) Aggravated escape from custody as described in subsection (b)(1), (b)(3), (b)(4),
(b)(5) or (b)(6) is a severity level 6, person felony.

(4) Aggravated escape from custody as described in subsection (b)(2) or (b)(7) is a
severity level 5, person felony.'';

And by renumbering sections accordingly;

On page 3, by striking all in lines 24 and 25 and inserting in lieu thereof the following:

``Sec. 4. K.S.A. 1998 Supp. 38-1604 is hereby amended to read as follows: 38-1604. (a)
Except as provided in K.S.A. 38-1636, and amendments thereto, proceedings concerning a
juvenile who appears to be a juvenile offender shall be governed by the provisions of this
code.

(b) The district court shall have original jurisdiction to receive and determine
proceedings under this code.

(c) When jurisdiction is acquired by the district court over an alleged juvenile offender
it may continue until: (1) Sixty days after sentencing, if the juvenile is committed directly
to a juvenile correctional facility; (2) the juvenile has attained the age of 23 years, if
committed to the custody of the commissioner pursuant to subsection (c) of K.S.A. 38-1665,
and amendments thereto, unless an adult sentence is imposed pursuant to an extended
jurisdiction juvenile prosecution. If such adult sentence is imposed, jurisdiction shall
continue until discharged by the court or other process for the adult sentence; (3) the
juvenile has been discharged by the court; or (4) the juvenile has been discharged under
the provisions of K.S.A. 38-1675, and amendments thereto.

(d) Effective July 1, 1999, if a juvenile is adjudicated a juvenile offender and has
previously been adjudicated a child in need of care, the Kansas juvenile justice code shall
apply to such juvenile and the Kansas code for care of children shall suspend during the
time of jurisdiction pursuant to the Kansas juvenile justice code, except that the Kansas code
for care of children shall apply when necessary to carry out the provisions of subsection (d)
of K.S.A. 38-1664, and amendments thereto. Prior to July 1, 1999, the court may apply the
provisions of either code to a juvenile adjudicated under both codes. Nothing in this
subsection shall preclude such juvenile offender from accessing services provided by the
department of social and rehabilitation services or any other state agency if such juvenile is
eligible for such services.

(e) The provisions of this code shall govern with respect to offenses committed on or
after July 1, 1997.

Sec. 6. K.S.A. 1998 Supp. 38-1664 is hereby amended to read as follows: 38-1664. (a)
Prior to placing a juvenile offender in the custody of the commissioner and recommending
out-of-home placement, the court shall consider and determine that, where consistent with
the need for protection of the community:

(1) Reasonable efforts have been made to prevent or eliminate the need for out-of-
home placement or reasonable efforts are not possible due to an emergency threatening the
safety of the juvenile offender or the community; and

(2) out-of-home placement is in the best interests of the juvenile offender.

(b) When a juvenile offender has been placed in the custody of the commissioner, the
commissioner shall notify the court in writing of the initial placement of the juvenile offender
as soon as the placement has been accomplished. The court shall have no power to direct
a specific placement by the commissioner, but may make recommendations to the
commissioner. The commissioner may place the juvenile offender in an institution operated
by the commissioner, a youth residential facility or a community mental health center. If
the court has recommended an out-of-home placement, the commissioner may not return
the juvenile offender to the home from which removed without first notifying the court of
the plan.

(c) During the time a juvenile offender remains in the custody of the commissioner,
the commissioner shall report to the court at least each six months as to the current living
arrangement and social and mental development of the juvenile offender.

(d) If the juvenile offender is placed outside the juvenile offender's home, a permanency
hearing shall be held not more than 18 12 months after the juvenile offender is placed
outside the juvenile offender's home and, if reintegration is a viable alternative, every 12
months thereafter. The court may appoint a guardian ad litem to represent the juvenile
offender at the permanency hearing. Juvenile offenders who have been in extended out of
home placement shall be provided a permanency hearing within 30 days of a request from
the commissioner. If reintegration is not a viable alternative and either adoption or
permanent guardianship might be in the best interests of the juvenile offender the county or
district attorney shall file a petition alleging the juvenile is a child in need of care and
requesting termination of parental rights or the appointment of a permanent guardian
pursuant to the Kansas code for care of children. If the juvenile offender is placed in foster
care, the foster parent or parents shall submit to the court, at least every six months, a report
in regard to the juvenile offender's adjustment, progress and condition. The juvenile justice
authority shall notify the foster parent or parents of the foster parents' or parent's duty to
submit such report, on a form provided by the juvenile justice authority, at least two weeks
prior to the date when the report is due, and the name of the judge and the address of the
court to which the report is to be submitted. Such report shall be confidential and shall only
be reviewed by the court and the child's attorney.

(d) The report made by foster parents and provided by the commissioner of juvenile
justice, pursuant to this section, shall be in substantially the following form:

REPORT FROM FOSTER PARENTS CONFIDENTIAL


Child's Name	Current Address

Parent's Name	Foster Parents
Primary Social Worker

Please circle the word which best describes the child's progress

1. Child's adjustment in the home

excellent         good         satisfactory         needs improvement
2. Child's interaction with foster parents and family members

excellent         good         satisfactory         needs improvement
3. Child's interaction with others

excellent         good         satisfactory         needs improvement
4. Child's respect for property

excellent         good         satisfactory         needs improvement
5. Physical and emotional condition of the child

excellent         good         satisfactory         needs improvement
6. Social worker's interaction with the child and foster family

excellent         good         satisfactory         needs improvement
7. School status of child:

School

Grade

Grades	Good	Fair	Poor
Attendance	Good	Fair	Poor
Behavior	Good	Fair	Poor

8. If visitation with parents has occurred, describe the frequency of visits, with whom,
supervised or unsupervised, and any significant events which have occurred.

9. Your opinion regarding the overall adjustment, progress and condition of the child:

10. Do you have any special concerns or comments with regard to the child not addressed
by this form? Please specify.

Sec. 7. K.S.A. 1998 Supp. 38-1681 is hereby amended to read as follows: 38-1681. (a)
Order authorizing prosecution as an adult or extended jurisdiction juvenile prosecution. (1)
Unless the respondent has consented to the order, an appeal may be taken by a respondent
from an order authorizing prosecution as an adult. The appeal shall be taken only after
conviction and in the same manner as other criminal appeals, except that (A) where the
criminal prosecution has resulted in a judgment of conviction upon a plea of guilty or nolo
contendere, an appeal may be taken from the order authorizing prosecution pursuant to
K.S.A. 38-1636, and amendments thereto, notwithstanding the provisions of subsection (a)
of K.S.A. 22-3602 and amendments thereto, and (B) if the criminal prosecution results in
an acquittal, an appeal may nevertheless be taken from the order authorizing prosecution
pursuant to K.S.A. 38-1636, and amendments thereto, if the order provides that it attaches
to future acts by the respondent as authorized by subsection (h) of K.S.A. 38-1636, and
amendments thereto.

(2) If on appeal the order authorizing prosecution as an adult is reversed but the finding
of guilty is affirmed or the conviction was based on a plea of guilty or nolo contendere, the
respondent shall be deemed adjudicated to be a juvenile offender. On remand the district
court shall proceed with sentencing.

(b) Orders of adjudgment and sentencing. An appeal may be taken by a respondent from
an order of such respondent being adjudged to be a juvenile offender or sentencing, or
both. The appeal shall be taken after, but within 10 days of, the entry of the sentence.

(c) A departure sentence is subject to appeal by the defendant. The appeal shall be to
the appellate courts in accordance with rules adopted by the supreme court.

(1) Pending review of the sentence, the sentencing court or the appellate court may order
the defendant confined or placed on conditional release, including bond.

(2) On appeal from a judgment or conviction entered for an offense committed on or
after July 1, 1999, the appellate court shall not review:

(A) Any sentence that is within the presumptive sentence for the crime; or

(B) any sentence resulting from an agreement between the state and the defendant which
the sentencing court approves on the record.

(3) In any appeal from a judgment of conviction imposing a sentence that departs from
the presumptive sentence, sentence review shall be limited to whether the sentencing court's
findings of fact and reasons justifying a departure:

(A) Are supported by the evidence in the record; and

(B) constitute substantial and compelling reasons for departure.

(4) In any appeal, the appellate court may review a claim that:

(A) A sentence that departs from the presumptive sentence resulted from partiality,
prejudice, oppression or corrupt motive;

(B) the sentencing court erred in either including or excluding recognition of prior
convictions or adjudications; or

(C) the sentencing court erred in ranking the crime severity level of the current crime
or in determining the appropriate classification of a prior conviction or juvenile adjudication
for criminal history purposes.

(5) The appellate court may reverse or affirm the sentence. If the appellate court
concludes that the trial court's factual findings are not supported by evidence in the record
or do not establish substantial and compelling reasons for a departure, it shall remand the
case to the trial court for resentencing.

(6) The appellate court shall issue a written opinion whenever the judgment of the
sentencing court is reversed. The court may issue a written opinion in any other case when
it is believed that a written opinion will provide guidance to sentencing judges and others
in implementing the placement. The appellate courts may provide by rule for summary
disposition of cases arising under this section when no substantial question is presented by
the appeal.

(7) A review under summary disposition shall be made solely upon the record that was
before the sentencing court. Written briefs shall not be required unless ordered by the
appellate court and the review and decision shall be made in an expedited manner according
to rules adopted by the supreme court.

~~(c)~~ (d) Priority. Appeals under this section shall have priority over other cases except
those having statutory priority.

Sec. 8. K.S.A. 1998 Supp. 38-16,129 is hereby amended to read as follows: 38-16,129.
On and after July 1, ~~1999~~ 2000: (a) For the purpose of ~~sentencing~~ committing juvenile
offenders to a juvenile correctional facility, the following placements ~~may~~ shall be applied
by the judge in felony or misdemeanor cases for offenses committed on or after July 1, ~~1999~~
2000. ~~If used,~~ The court shall establish a specific term of commitment as specified in this
subsection, unless the judge conducts a departure hearing and finds substantial and
compelling reasons to impose a departure sentence as provided in section 9.

(1) Violent Offenders. (A) The violent offender I is defined as an offender adjudicated
as a juvenile offender for an offense which, if committed by an adult, would constitute an
off-grid felony. Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of 60 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this offender is set at a
minimum term of six months and up to a maximum term of the offender reaching the age
of 23 years.

(B) The violent offender II is defined as an offender adjudicated as a juvenile offender
for an offense which, if committed by an adult, would constitute a nondrug level 1, 2 or 3
felony. Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of 24 months and up to a maximum term of the offender reaching the age
22 years, six months. The aftercare term for this offender is set at a minimum term of six
months and up to a maximum term of the offender reaching the of age 23 years.

(2) Serious Offenders. (A) The serious offender I is defined as an offender adjudicated
as a juvenile offender for an offense which, if committed by an adult, would constitute a
nondrug severity level 4, 5 or 6 person felony or a severity level 1 or 2 drug felony. Offenders
in this category may be committed to a juvenile correctional facility for a minimum term of
18 months and up to a maximum term of 36 months. The aftercare term for this offender
is set at a minimum term of six months and up to a maximum term of 24 months.

(B) The serious offender II is defined as an offender adjudicated as a juvenile offender
for an offense which, if committed by an adult, would constitute a nondrug severity level 7,
8, 9 or 10 person felony with one prior felony adjudication. Offenders in this category may
be committed to a juvenile correctional facility for a minimum term of nine months and up
to a maximum term of 18 months. The aftercare term for this offender is set at a minimum
term of six months and up to a maximum term of 24 months.

(3) Chronic Offenders. (A) The chronic offender I, chronic felon is defined as an
offender adjudicated as a juvenile offender for an offense which, if committed by an adult,
would constitute:

(i) One present nonperson felony adjudication and two prior felony adjudications; or

(ii) one present severity level 3 drug felony adjudication and two prior felony
adjudications.

Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of six months and up to a maximum term of 18 months. The aftercare term
for this offender is set at a minimum term of six months and up to a maximum term of 12
months.

(B) The chronic offender II, escalating felon is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would constitute:

(i) One present felony adjudication and two prior misdemeanor adjudications;

(ii) one present felony adjudication and two prior severity level 4 drug adjudications;

(iii) one present severity level 3 drug felony adjudication and two prior misdemeanor
adjudications; or

(iv) one present severity level 3 drug felony adjudication and two prior severity level 4
drug adjudications.

Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of six months and up to a maximum term of 18 months. The aftercare term
for this offender is set at a minimum term of six months and up to a maximum term of 12
months.

(C) The chronic offender III, escalating misdemeanant is defined as an offender
adjudicated as a juvenile offender for an offense which, if committed by an adult, would
constitute:

(i) One present misdemeanor adjudication and two prior misdemeanor adjudications
and two out-of-home placement failures;

(ii) one present misdemeanor adjudication and two prior severity level 4 drug felony
adjudications and two out-of-home placement failures;

(iii) one present severity level 4 drug felony adjudication and two prior misdemeanor
adjudications and two out-of-home placement failures; or

(iv) one present severity level 4 drug felony adjudication and two prior severity level 4
felony adjudications and two out-of-home placement failures.

Offenders in this category may be committed to a juvenile correctional facility for a
minimum term of three months and up to a maximum term of six months. The aftercare
term for this offender is set at a minimum term of three months and up to a maximum term
of six months.

(4) Conditional Release Violators. Conditional release violators may be committed to a
juvenile correctional facility, youth residential facility, juvenile detention facility, institution,
a sanctions house or to other appropriate community placement for a minimum term of
three months and up to a maximum term of six months. The aftercare term for this offender
is set at a minimum term of two months and up to a maximum term of six months, or the
maximum term of the original aftercare term, whichever is longer.

(b) As used in this section: (1) ''Placement failure`` means a juvenile offender has been
placed out-of-home on probation in a community placement accredited by the commissioner
in a juvenile offender case and the offender has violated significantly the terms of probation
in that case.

(2) ''Adjudication`` includes out-of-state juvenile adjudications. An out-of-state offense
which if committed by an adult would constitute the commission of a felony or misdemeanor
shall be classified as either a felony or a misdemeanor according to the adjudicating
jurisdiction. If an offense which if committed by an adult would constitute the commission
of a felony is a felony in another state, it will be deemed a felony in Kansas. The state of
Kansas shall classify the offense, which if committed by an adult would constitute the
commission of a felony or misdemeanor, as person or nonperson. In designating such offense
as person or nonperson, reference to comparable offenses shall be made. If the state of
Kansas does not have a comparable offense, the out-of-state adjudication shall be classified
as a nonperson offense.

(c) All appropriate community placement options shall have been exhausted before a
chronic offender III, escalating misdemeanant shall be placed in a juvenile correctional
facility. A court finding shall be made acknowledging that appropriate community placement
options have been pursued and no such option is appropriate.

(d) The commissioner shall work with the community to provide on-going support and
incentives for the development of additional community placements to ensure that the
chronic offender III, escalating misdemeanant sentencing category is not frequently utilized.

New Sec. 9. (a) (1) Whenever a person is adjudicated as a juvenile offender, the court
upon motion of the state, shall hold a hearing to consider imposition of a departure sentence.
The motion shall state that a departure is sought and the reasons and factors relied upon.
The hearing shall be scheduled so that the parties have adequate time to prepare and present
arguments regarding the issues of departure sentencing. The victim of a crime or the victim's
family shall be notified of the right to be present at the hearing for the convicted person by
the county or district attorney. The parties may submit written arguments to the court prior
to the date of the hearing and may make oral arguments before the court at the hearing.
The court shall review the victim impact statement, if available. Prior to the hearing, the
court shall transmit to the defendant or the defendant's attorney and the prosecuting
attorney copies of the predispositional investigation report.

(2) At the conclusion of the hearing or within 20 days thereafter, the court shall issue
findings of fact and conclusions of law regarding the issues submitted by the parties, and
shall enter an appropriate order.

(3) If a factual aspect of a crime is a statutory element of the crime or is used to
determine crime severity, that aspect of the current crime of conviction may be used as an
aggravating factor only if the criminal conduct constituting that aspect of the current crime
of conviction is significantly different from the usual criminal conduct captured by the aspect
of the crime. Subject to this provision, the nonexclusive lists of aggravating factors provided
in subsection (b)(2) of K.S.A. 21-4716, and amendments thereto, and in subsection (s) of
K.S.A. 21-4717, and amendments thereto, may be considered in determining whether
substantial and compelling reasons exist.

(b) If the court decides to depart on its own volition, without a motion from the state,
the court must notify all parties of its intent and allow reasonable time for either party to
respond if they request. The notice shall state that a departure is intended by the court and
the reasons and factors relied upon.

(c) In each case in which the court imposes a sentence that deviates from the
presumptive sentence, the court shall make findings of fact as to the reasons for departure
regardless of whether a hearing is requested.

(d) If the sentencing judge departs from the presumptive sentence, the judge shall state
on the record at the time of sentencing the substantial and compelling reasons for the
departure. When a departure sentence is appropriate, the sentencing judge may depart from
the matrix as provided in this section. When a sentencing judge departs in setting the
duration of a presumptive term of imprisonment:

(1) The presumptive term of imprisonment set in such departure shall not total more
than double the maximum duration of the presumptive imprisonment term;

(2) the court shall have no authority to reduce the minimum term of confinement as
defined within the sentencing matrix; and

(3) the maximum term for commitment of any juvenile offender to a juvenile
correctional facility is age 22 years, 6 months.

(e) A departure sentence may be appealed as provided in K.S.A. 38-1681, and
amendments thereto.

Sec. 10. K.S.A. 76-172 is hereby amended to read as follows: 76-172. As used in this
act unless the context otherwise requires, ``institution'' means the institutions within the
department of social and rehabilitation services, the institutions within the department of
corrections, the institution within the department of human resources, the institutions within
the juvenile justice authority, the Kansas state school for blind and the Kansas state school
for the deaf.

Sec. 11. K.S.A. 1998 Supp. 38-16,130 is hereby amended to read as follows: 38-16,130.
~~On and after July 1, 1999:~~

(a) For purposes of determining release of a juvenile offender for an offense committed
on or after July 1, 1999, a system shall be developed whereby good behavior by juvenile
offenders is the expected norm and negative behavior will be punished.

(b) The commissioner of juvenile justice is hereby authorized to adopt rules and
regulations to carry out the provisions of this section regarding good time calculations. Such
rules and regulations shall provide circumstances upon which a juvenile offender may earn
good time credits through participation in programs which may include, but not be limited
to, education programs, work participation, treatment programs, vocational programs,
activities and behavior modification. Such good time credits may also include the juvenile
offender's willingness to examine and confront the past behavior patterns that resulted in
the commission of the juvenile's offense.

(c) On and after July 1, 2000, if the placement sentence established in K.S.A. 1998
Supp. 38-16,129, and amendments thereto, is used by the court, the juvenile offender shall
serve no less than the minimum term authorized under the specific category of such
placement sentence.

Sec. 12. K.S.A. 1998 Supp. 38-16,131 is hereby amended to read as follows: 38-16,131.
On and after July 1, ~~1999~~ 2000:

(a) The commissioner of juvenile justice may petition the court to modify the placement
sentence established in K.S.A. 1998 Supp. 38-16,129, and amendments thereto, after a
juvenile offender has served the minimum term indicated by the placement sentence, based
upon program completion, positive behavior modification and progress made.

(b) If the court grants the modification, the sentence shall be shortened, and the term
of aftercare that was pronounced at sentencing shall commence.

(c) If the court does not grant the modification, the juvenile's attorney may petition for
modification and a formal hearing shall be granted.

(d) The aftercare supervisor may petition the court for early discharge, extension or
revocation from conditional release or aftercare.

Sec. 13. K.S.A. 1998 Supp. 38-1663 is hereby amended to read as follows: 38-1663. (a)
When a respondent has been adjudicated to be a juvenile offender, the judge may select
from the following alternatives:

(1) Place the juvenile offender on probation for a fixed period, subject to the terms and
conditions the court deems appropriate based on the juvenile justice programs in the
community, including a requirement of making restitution as required by subsection (d).

(2) Place the juvenile offender in the custody of a parent or other suitable person,
subject to the terms and conditions the court orders based on the juvenile justice program
in the community, including a requirement of making restitution as required by subsection
(d).

(3) Place the juvenile offender in the custody of a youth residential facility or, in the
case of a chronic runaway youth, place the youth in a secure facility, subject to the terms
and conditions the court orders.

(4) Place the juvenile offender in the custody of the commissioner.

(5) Commit the juvenile offender to a sanctions house for a period no longer than seven
days. Following such period, the court shall review the placement. The court may continue
to recommit the juvenile offender to a sanctions house for a period no longer than seven
days followed by a court review. Commitment to a sanctions house shall not exceed 28
consecutive days. An offender over 18 years of age or less than 23 years of age at sentencing
may be committed to a county jail, in lieu of a sanctions house, under the same time
restrictions imposed by this paragraph. No offender may be committed under this paragraph
unless such offender has violated the terms of probation.

(6) Commit the juvenile offender to a community based program available in such
judicial district subject to the terms and conditions the court orders.

(7) Impose any appropriate combination of paragraphs (1) through (6) of this subsection
and make other orders directed to the juvenile offender as the court deems appropriate.

(8) Commit the juvenile offender to a juvenile correctional facility ~~if the juvenile~~
~~offender:~~

~~(A) Previously has been adjudicated as a juvenile offender under this code or under~~
~~the Kansas juvenile offender code as it existed prior to July 1, 1997, for an offense which,~~
~~if committed by an adult, would constitute a felony, a class A misdemeanor, a class B person~~
~~or nonperson select misdemeanor or a class C person misdemeanor; or~~

~~(B) has been adjudicated a juvenile offender as a result of having committed an offense~~
~~which, if committed by a person 18 years of age or over, would constitute a class A, B or C~~
~~felony as defined by the Kansas criminal code or, if done on or after July 1, 1993, would~~
~~constitute an off-grid crime or a nondrug crime ranked in severity level 1 through 5 or a~~
~~drug crime ranked in severity level 1 through 3~~ as provided by the placement matrix
established in K.S.A. 1998 Supp. 38-16,129, and amendments thereto.

(9) Place the juvenile offender under a house arrest program administered by the court
pursuant to K.S.A. 21-4603b, and amendments thereto.

(b) (1) In addition to any other order authorized by this section, the court may order
the: (A) Juvenile offender and the parents of the juvenile offender to:

(i) Attend counseling sessions as the court directs; or

(ii) participate in mediation as the court directs. Participants in such mediation may
include, but shall not be limited to, the victim, the juvenile offender and the juvenile
offender's parents. Mediation shall not be mandatory for the victim;

(B) parents of the juvenile offender to participate in parenting classes; or

(C) juvenile offender to participate in a program of education offered by a local board
of education including placement in an alternative educational program approved by a local
board of education.

(2) Upon entering an order requiring a juvenile offender's parent to attend counseling
sessions or mediation, the court shall give the parent notice of the order. The notice shall
inform the parent of the parent's right to request a hearing within 10 days after entry of the
order and the parent's right to employ an attorney to represent the parent at the hearing
or, if the parent is financially unable to employ an attorney, the parent's right to request the
court to appoint an attorney to represent the parent. If the parent does not request a hearing
within 10 days after entry of the order, the order shall take effect at that time. If the parent
requests a hearing, the court shall set the matter for hearing and, if requested, shall appoint
an attorney to represent the parent. The expense and fees of the appointed attorney may
be allowed and assessed as provided by K.S.A. 38-1606, and amendments thereto.

(3) The costs of any counseling or mediation may be assessed as expenses in the case.
No mental health center shall charge a fee for court-ordered counseling greater than what
the center would have charged the person receiving the counseling if the person had
requested counseling on the person's own initiative. No mediator shall charge a fee for
court-ordered mediation greater than what the mediator would have charged the person
participating in the mediation if the person had requested mediation on the person's own
initiative.

(c) (1) If a respondent has been adjudged to be a juvenile offender, the court, in
addition to any other order authorized by this section, may suspend the juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and highways of this
state. The duration of the suspension ordered by the court shall be for a definite time period
to be determined by the court. Upon suspension of a license pursuant to this subsection,
the court shall require the juvenile offender to surrender the license to the court. The court
shall transmit the license to the division of motor vehicles of the department of revenue, to
be retained until the period of suspension expires. At that time, the licensee may apply to
the division for return of the license. If the license has expired, the juvenile offender may
apply for a new license, which shall be issued promptly upon payment of the proper fee and
satisfaction of other conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender's privilege to operate a motor vehicle is in
effect. As used in this subsection, ``highway'' and ``street'' have the meanings provided by
K.S.A. 8-1424 and 8-1473, and amendments thereto. Any respondent who is adjudicated to
be a juvenile offender who does not have a driver's license may have such juvenile offender's
driving privileges revoked. No Kansas driver's license shall be issued to a juvenile offender
whose driving privileges have been revoked pursuant to this section for a definite time period
to be determined by the court.

(2) In lieu of suspending the driver's license or privilege to operate a motor vehicle on
the highways of this state of any respondent adjudicated to be a juvenile offender, as
provided in subsection (c)(1), the court in which such juvenile offender was adjudicated to
be a juvenile offender may enter an order which places conditions on such juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this state, a certified
copy of which such juvenile offender shall be required to carry any time such juvenile
offender is operating a motor vehicle on the streets and highways of this state. Any such
order shall prescribe the duration of the conditions imposed and shall specify that such
duration shall be for a definite time period to be determined by the court. Upon entering
an order restricting a juvenile offender's license hereunder, the court shall require such
juvenile offender to surrender such juvenile offender's driver's license to the court. The
court shall transmit the license to the division of vehicles, together with a copy of the order.
Upon receipt thereof, the division of vehicles shall issue without charge a driver's license
which shall indicate on its face that conditions have been imposed on such juvenile offender's
privilege of operating a motor vehicle and that a certified copy of the order imposing such
conditions is required to be carried by the juvenile offender for whom the license was issued
any time such juvenile offender is operating a motor vehicle on the streets and highways of
this state. If the juvenile offender is a nonresident, the court shall cause a copy of the order
to be transmitted to the division and the division shall forward a copy of it to the motor
vehicle administrator of such juvenile offender's state of residence. Such court shall furnish
to any juvenile offender whose driver's license has had conditions imposed on it under this
section a copy of the order, which shall be recognized as a valid Kansas driver's license until
such time as the division shall issue the restricted license provided for in this subsection.
Upon expiration of the period of time for which conditions are imposed pursuant to this
subsection, the licensee may apply to the division for the return of the license previously
surrendered by such licensee. In the event such license has expired, such juvenile offender
may apply to the division for a new license, which shall be issued immediately by the division
upon payment of the proper fee and satisfaction of the other conditions established by law,
unless such juvenile offender's privilege to operate a motor vehicle on the streets and
highways of this state has been suspended or revoked prior thereto. If any juvenile offender
shall violate any of the conditions imposed under this subsection, such juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and highways of this
state shall be revoked for a period as determined by the court in which such juvenile offender
is convicted of violating such conditions.

(d) Whenever a juvenile offender is placed pursuant to subsection (a)(1) or (2), the
court, unless it finds compelling circumstances which would render a plan of restitution
unworkable, shall order the juvenile offender to make restitution to persons who sustained
loss by reason of the offense. The restitution shall be made either by payment of an amount
fixed by the court or by working for the persons in order to compensate for the loss. If the
court finds compelling circumstances which would render a plan of restitution unworkable,
the court may order the juvenile offender to perform charitable or social service for
organizations performing services for the community.

Nothing in this subsection shall be construed to limit a court's authority to order a juvenile
offender to make restitution or perform charitable or social service under circumstances
other than those specified by this subsection or when placement is made pursuant to
subsection (a)(3) or (4).

(e) In addition to or in lieu of any other order authorized by this section, the court may
order a juvenile offender to pay a fine not exceeding $250 for each offense. In determining
whether to impose a fine and the amount to be imposed, the court shall consider the
following:

(1) Imposition of a fine is most appropriate in cases where the juvenile offender has
derived pecuniary gain from the offense.

(2) The amount of the fine should be related directly to the seriousness of the juvenile
offender's offense and the juvenile offender's ability to pay.

(3) Payment of a fine may be required in a lump sum or installments.

(4) Imposition of a restitution order is preferable to imposition of a fine.

(5) The juvenile offender's duty of payment should be limited in duration and in no
event should the time necessary for payment exceed the maximum term which would be
authorized if the offense had been committed by an adult.

(f) In addition to or in lieu of any other order authorized by this section, if a juvenile is
adjudicated to be a juvenile offender by reason of a violation of K.S.A. 41-719, 41-727, 65-
4101 through 65-4164 or K.S.A. 1998 Supp. 8-1599, and amendments thereto, the court
shall order the juvenile offender to submit to and complete an alcohol and drug evaluation
by a community-based alcohol and drug safety action program certified pursuant to K.S.A.
8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that
statute for such evaluation. The court may waive such evaluation if the court finds that the
juvenile offender has completed successfully an alcohol and drug evaluation, approved by
the community-based alcohol and drug safety action program, within 12 months before
sentencing. If such evaluation occurred more than 12 months before sentencing, the court
shall order the juvenile offender to resubmit to and complete such evaluation and program
as provided herein. If the court finds that the juvenile offender and those legally liable for
the offender's support are indigent, the fee may be waived. In no event shall the fee be
assessed against the commissioner or the juvenile justice authority. The court may require
the parent or guardian of the juvenile offender to attend such program with the juvenile
offender.

(g) The board of county commissioners of a county may provide by resolution that the
parents or guardians of any juvenile offender placed under a house arrest program pursuant
to subsection (a)(9) shall be required to pay to the county the cost of such house arrest
program. The board of county commissioners shall prepare a sliding financial scale based
on the ability of the parents to pay for such a program.

(h) In addition to any other order authorized by this section, if child support has been
requested and the parent or parents have a duty to support the respondent the court may
order, and when custody is placed with the commissioner shall order, one or both parents
to pay child support. The court shall determine, for each parent separately, whether the
parent already is subject to an order to pay support for the respondent. If the parent
currently is not ordered to pay support for the respondent and the court has personal
jurisdiction over the parent, the court shall order the parent to pay child support in an
amount determined under K.S.A. 38-16,117, and amendments thereto. Except for good
cause shown, the court shall issue an immediate income withholding order pursuant to
K.S.A. 23-4,105 et seq., and amendments thereto, for each parent ordered to pay support
under this subsection, regardless of whether a payor has been identified for the parent. A
parent ordered to pay child support under this subsection shall be notified, at the hearing
or otherwise, that the child support order may be registered pursuant to K.S.A. 38-16,119,
and amendments thereto. The parent also shall be informed that, after registration, the
income withholding order may be served on the parent's employer without further notice
to the parent and the child support order may be enforced by any method allowed by law.
Failure to provide this notice shall not affect the validity of the child support order.

(i) Any order issued by the judge pursuant to this section shall be in effect immediately
upon entry into the court's journal.

(j) In addition to the requirements of K.S.A. 38-1671, and amendments thereto, if a
person is under 18 years of age and convicted of a felony or adjudicated as a juvenile offender
for an offense if committed by an adult would constitute the commission of a felony, the
court shall forward a signed copy of the journal entry to the commissioner within 30 days
of final disposition.

(k) The sentencing hearing shall be open to the public as provided in K.S.A. 38-1652,
and amendments thereto.

New Sec. 14. (a) The Kansas youth authority established by K.S.A. 75-7008 prior to
amendment by this act hereby is abolished.

(b) All of the powers, duties and functions of the Kansas youth authority are hereby
transferred to and conferred and imposed upon the Kansas advisory group on juvenile justice
and delinquency prevention.

(c) The Kansas advisory group on juvenile justice and delinquency prevention shall be
the successor in every way to the powers, duties and functions of the Kansas youth authority
in which the same were vested prior to the effective date of this act. Every act performed
in the exercise of such powers, duties and functions by or under the authority of the Kansas
advisory group on juvenile justice and delinquency prevention shall be deemed to have the
same force and effect as if performed by the Kansas youth authority in which such powers,
duties and functions were vested prior to the effective date of this act.

(d) Whenever the Kansas youth authority is referred to or designated by a statute,
contract or other document, such reference or designation shall be deemed to apply to the
Kansas advisory group on juvenile justice and delinquency prevention.

(e) All of the records, memoranda, writings and property of the Kansas youth authority
shall be and hereby are transferred to the Kansas advisory group on juvenile justice and
delinquency prevention and such advisory group shall have legal custody of the same.

Sec. 15. K.S.A. 75-7007 is hereby amended to read as follows: 75-7007. (a) There is
hereby established the Kansas advisory group on juvenile justice and delinquency
prevention, for the purposes of the federal juvenile justice and delinquency prevention act
of 1974, as amended.

(b) The membership of the Kansas advisory group on juvenile justice and delinquency
prevention shall ~~include the members of the Kansas youth authority, as appointed pursuant~~
~~to K.S.A. 75-7009, and amendments thereto, and other~~ be composed of members as
appointed by the governor. The governor shall appoint at least eight but not more than 26
~~additional~~ members to the advisory group. The ~~additional~~ members shall serve at the
pleasure of the governor.

(c) The chairperson and vice-chairperson of the advisory group shall be appointed by
the governor.

(d) Each member of the advisory group shall receive compensation, subsistence
allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments
thereto.

(e) The advisory group shall participate in the development and review of the juvenile
justice plan, review and comment on all juvenile justice and delinquency prevention grant
applications, and shall make recommendations regarding the grant applications.

(f) ~~All ex officio members of the Kansas youth authority shall also serve as ex officio~~
~~members to the advisory group.~~

~~(g)~~ The advisory group shall receive reports from local citizen review boards established
pursuant to K.S.A. 38-1812, and amendments thereto, regarding the status of juvenile
offenders under the supervision of the district courts.

Sec. 16. K.S.A. 75-7021 is hereby amended to read as follows: 75-7021. (a) There is
hereby created in the state treasury the Kansas endowment for youth trust fund. Money
credited to the fund pursuant to K.S.A. 20-367, and amendments thereto, or by any other
lawful means shall be used solely for the purpose of making grants to further the purpose
of juvenile justice reform, including rational prevention programs and programs for
treatment and rehabilitation of juveniles and to further the partnership between state and
local communities. Such treatment and rehabilitation programs should aim to combine
accountability and sanctions with increasingly intensive treatment and rehabilitation services
with an aim to provide greater public safety and provide intervention that will be uniform
and consistent.

(b) All expenditures from the Kansas endowment for youth trust fund shall be made in
accordance with appropriations acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the commissioner of juvenile justice or by a person
or persons designated by the commissioner.

(c) The commissioner of juvenile justice may apply for, receive and accept money from
any source for the purposes for which money in the Kansas endowment for youth trust fund
may be expended. Upon receipt of any such money, the commissioner shall remit the entire
amount at least monthly to the state treasurer, who shall deposit it in the state treasury and
credit it to the Kansas endowment for youth trust fund.

(d) Grants made to programs pursuant to this section shall be based on the number of
persons to be served and such other requirements as may be established by the Kansas
~~youth authority~~ advisory group on juvenile justice and delinquency prevention in guidelines
established and promulgated to regulate grants made under authority of this section. The
guidelines may include requirements for grant applications, organizational characteristics,
reporting and auditing criteria and such other standards for eligibility and accountability as
are deemed advisable by the Kansas ~~youth authority~~ advisory group on juvenile justice and
delinquency prevention.

(e) On or before the 10th of each month, the director of accounts and reports shall
transfer from the state general fund to the Kansas endowment for youth trust fund interest
earnings based on:

(1) The average daily balance of moneys in the Kansas endowment for youth trust fund
for the preceding month; and

(2) the net earnings rate of the pooled money investment portfolio for the preceding
month.

Sec. 17. K.S.A. 1998 Supp. 75-7024 is hereby amended to read as follows: 75-7024. On
~~and after July 1, 1997,~~ In addition to other powers and duties provided by law, in
administering the provisions of the juvenile justice code, the commissioner of juvenile justice
shall:

(a) Establish divisions which include the following functions in the juvenile justice
authority:

(1) Operations. The commissioner shall operate the juvenile intake and assessment
system as it relates to the juvenile offender; provide technical assistance and help facilitate
community collaboration; license juvenile correctional facilities, programs and providers;
assist in coordinating a statewide system of community based service providers; establish
pilot projects for community based service providers; and operate the juvenile correctional
facilities.

(2) Research and prevention. The commissioner shall generate, analyze and utilize data
to review existing programs and identify effective prevention programs; to develop new
program initiatives and restructure existing programs; and to assist communities in risk
assessment and effective resource utilization.

(3) Contracts. The commissioner shall secure the services of direct providers by
contracting with such providers, which may include nonprofit, private or public agencies,
to provide functions and services needed to operate the juvenile justice authority. The
commissioner shall contract with local service providers, when available, to provide twenty-
four-hour-a-day intake and assessment services. Nothing provided for herein shall prohibit
local municipalities, through interlocal agreements, from corroborating with and
participating in the intake and assessment services established in K.S.A. 75-7023, and
amendments thereto. All contracts entered into by the commissioner to secure the services
of direct providers shall contain a clause allowing the inspector general unlimited access to
such facility, records or personnel pursuant to subsection (a)(4)(B).

(4) Performance audit. (A) The commissioner randomly shall audit contracts to
determine that service providers are performing as required pursuant to the contract.

(B) Within the division conducting performance audits, the commissioner shall
designate a staff person to serve in the capacity of inspector general. Such inspector general,
or such inspector general's designee, shall have the authority to: (i) Enforce compliance
with all contracts; (ii) perform audits as necessary to ensure compliance with the contracts.
The inspector general shall have unlimited access to any and all facilities, records or
personnel of any provider that has contracted with the commissioner to determine that such
provider is in compliance with the contracts; and (iii) establish a statewide juvenile justice
hotline to respond to any complaints or concerns that have been received concerning
juvenile justice.

(b) Adopt rules and regulations necessary for the administration of this act.

(c) Administer all state and federal funds appropriated to the juvenile justice authority
and may coordinate with any other agency within the executive branch expending funds
appropriated for juvenile justice.

(d) Administer the development and implementation of a juvenile justice information
system.

(e) Administer the transition to and implementation of juvenile justice system reforms.

(f) Coordinate with the judicial branch of state government any duties and functions
which effect the juvenile justice authority.

(g) Serve as a resource to the legislature and other state policymakers.

(h) Make and enter into all contracts and agreements and do all other acts and things
necessary or incidental to the performance of functions and duties and the execution of
powers under this act. The commissioner may enter into memorandums of agreement or
contractual relationships with state agencies, other governmental entities or private
providers as necessary to carry out the commissioner's responsibilities pursuant to the
Kansas juvenile justice code.

(i) Accept custody of juvenile offenders so placed by the court.

(j) Assign juvenile offenders placed in the commissioner's custody to juvenile
correctional facilities based on information collected by the reception and diagnostic
evaluation, intake and assessment report, pursuant to K.S.A. 75-7023, and amendments
thereto, and the predispositional investigation report, pursuant to K.S.A. 38-1661, and
amendments thereto.

(k) Establish and utilize a reception and diagnostic evaluation for all juvenile offenders
to be evaluated prior to placement in a juvenile correctional facility.

(l) Assist the judicial districts in establishing community based placement options,
juvenile community correctional services and aftercare transition services for juvenile
offenders.

(m) Review, evaluate and restructure the programmatic mission and goals of the juvenile
correctional facilities to accommodate greater specialization for each facility.

(n) Adopt rules and regulations as are necessary to encourage the sharing of information
between individuals and agencies who are involved with the juvenile.

(o) ~~Provide staff support to the Kansas youth authority.~~

~~(p)~~ Designate in each judicial district an entity which shall be responsible for juvenile
justice field services not provided by court services officers in the judicial district. The
commissioner shall contract with such entity and provide grants to fund such field services.

~~(q)~~ (p) Monitor placement trends and minority confinement.

~~(r)~~ (q) Develop and submit to the joint committee on corrections and juvenile justice
oversight a recommendation to provide for the financial viability of the Kansas juvenile
justice system. Such recommendation shall include a formula for the allocation of state funds
to community programs and a rationale in support of the recommendation. ~~Additionally,~~
~~the commissioner shall submit a recommendation, approved by the Kansas youth authority,~~
~~detailing capital projects and expenditures projected during the five-year period beginning~~
~~July 1, 1997, including a rationale in support of such recommendation. In developing such~~
~~recommendations,~~ The commissioner shall avoid pursuing construction or expansion of state
institutional capacity when appropriate alternatives to such placements are justified. The
commissioner's recommendations shall identify a revenue source sufficient to appropriately
fund expenditures anticipated to be incurred subsequent to expansion of community-based
capacity and necessary to finance recommended capital projects.

~~(s)~~ (r) Report monthly to the joint committee on corrections and juvenile justice
oversight. The commissioner shall review with the committee any contracts or
memorandums of agreement with other state agencies prior to the termination of such
agreements or contracts.

~~(t)~~ (s) Have the authority to designate all or a portion of a facility for juveniles under
the commissioner's jurisdiction as a:

(1) Nonsecure detention facility;

(2) facility for the educational or vocational training and related services;

(3) facility for temporary placement pending other arrangements more appropriate for
the juvenile's needs; and

(4) facility for the provision of care and other services and not for the detention of
juveniles.

Sec. 18. K.S.A. 75-7032 is hereby amended to read as follows: 75-7032. The juvenile
justice authority, ~~pursuant to~~ provided for in K.S.A. 75-7001, and amendments thereto, ~~and~~
~~the Kansas youth authority, pursuant to K.S.A. 75-7008, and amendments thereto,~~ shall be
and ~~are~~ is hereby abolished on July 1, 2004.

Sec. 19. K.S.A. 1998 Supp. 46-2801 is hereby amended to read as follows: 46-2801. (a)
There is hereby created the joint committee on corrections and juvenile justice oversight
which shall be within the legislative branch of state government and which shall be composed
of no more than seven members of the senate and seven members of the house of
representatives.

(b) The senate members shall be appointed by the president and the minority leader.
The two major political parties shall have proportional representation on such committee.
In the event application of the preceding sentence results in a fraction, the party having a
fraction exceeding .5 shall receive representation as though such fraction were a whole
number.

(c) The seven representative members shall be appointed as follows:

(1) Two members shall be members of the majority party who are members of the
house committee on appropriations and shall be appointed by the speaker;

(2) two members shall be members of the minority party who are members of the house
committee on appropriations and shall be appointed by the minority leader;

(3) two members shall be members of the majority party who are members of the house
committee on judiciary and shall be appointed by the speaker; and

(4) one member shall be a member of the minority party who is a member of the house
committee on judiciary and shall be appointed by the minority leader.

(d) Any vacancy in the membership of the joint committee on corrections and juvenile
justice oversight shall be filled by appointment in the manner prescribed by this section for
the original appointment.

(e) All members of the joint committee on corrections and juvenile justice oversight
shall serve for terms ending on the first day of the regular legislative session in odd-
numbered years. The joint committee shall organize annually and elect a chairperson and
vice-chairperson in accordance with this subsection. During calendar years 1997 and 1999,
the chairperson shall be one of the representative members of the joint committee elected
by the members of the joint committee and the vice-chairperson shall be one of the senate
members elected by the members of the joint committee. During calendar year 1998, the
chairperson shall be one of the senate members of the joint committee elected by the
members of the joint committee and the vice-chairperson shall be one of the representative
members of the joint committee elected by the members of the joint committee. The vice-
chairperson shall exercise all of the powers of the chairperson in the absence of the
chairperson. If a vacancy occurs in the office of chairperson or vice-chairperson, a member
of the joint committee, who is a member of the same house as the member who vacated
the office, shall be elected by the members of the joint committee to fill such vacancy.
Within 30 days after the effective date of this act, the joint committee shall organize and
elect a chairperson and a vice-chairperson in accordance with the provisions of this act.

(f) A quorum of the joint committee on corrections and juvenile justice oversight shall
be eight. All actions of the joint committee shall be by motion adopted by a majority of
those present when there is a quorum.

(g) The joint committee on corrections and juvenile justice oversight may meet at any
time and at any place within the state on the call of the chairperson, vice-chairperson and
ranking minority member of the house of representatives when the chairperson is a
representative or of the senate when the chairperson is a senator.

(h) The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes
Annotated, and amendments thereto, applicable to special committees shall apply to the
joint committee on corrections and juvenile justice oversight to the extent that the same do
not conflict with the specific provisions of this act applicable to the joint committee.

(i) In accordance with K.S.A. 46-1204 and amendments thereto, the legislative
coordinating council may provide for such professional services as may be requested by the
joint committee on corrections and juvenile justice oversight.

(j) The joint committee on corrections and juvenile justice oversight may introduce such
legislation as it deems necessary in performing its functions.

(k) In addition to other powers and duties authorized or prescribed by law or by the
legislative coordinating council, the joint committee on corrections and juvenile justice
oversight shall:

(1) Monitor the inmate population and review and study the programs, activities and
plans of the department of corrections regarding the duties of the department of corrections
that are prescribed by statute, including the implementation of expansion projects, the
operation of correctional, food service and other programs for inmates, community
corrections, parole and the condition and operation of the correctional institutions and other
facilities under the control and supervision of the department of corrections;

(2) monitor the establishment of the juvenile justice authority and review and study the
programs, activities and plans of the juvenile justice authority regarding the duties of the
juvenile justice authority that are prescribed by statute, including the responsibility for the
care, custody, control and rehabilitation of juvenile offenders and the condition and
operation of the state juvenile correctional facilities under the control and supervision of
the juvenile justice authority;

(3) review and study the adult correctional programs and activities and facilities of
counties, cities and other local governmental entities, including the programs and activities
of private entities operating community correctional programs and facilities and the
condition and operation of jails and other local governmental facilities for the incarceration
of adult offenders;

(4) review and study the juvenile offender programs and activities and facilities of
counties, cities, school districts and other local governmental entities, including programs
for the reduction and prevention of juvenile crime and delinquency, the programs and
activities of private entities operating community juvenile programs and facilities and the
condition and operation of local governmental residential or custodial facilities for the care,
treatment or training of juvenile offenders;

(5) study the progress and results of the transition of powers, duties and functions from
the department of social and rehabilitation services, office of judicial administration and
department of corrections to the juvenile justice authority; and

(6) make an annual report to the legislative coordinating council as provided in K.S.A.
46-1207, and amendments thereto, and such special reports to committees of the house of
representatives and senate as are deemed appropriate by the joint committee.

(l) The provisions of this section shall expire on December 1, ~~1999~~ 2000.

Sec. 20. K.S.A. 21-3520, 75-7007, 75-7008, 75-7009, 75-7021, 75-7032 and 76-172 and
K.S.A. 1997 Supp. 38-1663, as amended by section 8 of chapter 187 of the 1998 Session
Laws of Kansas and K.S.A. 1998 Supp. 21-3413, 21-3810, 38-1602, 38-1602a, 38-1604, 38-
1663, 38-1664, 38-1681, 38-16,129, 38-16,130, 38-16,131, 46-2801 and 75-7024 are hereby
repealed.'';

And by renumbering the remaining section accordingly;

In the title, in line 9, by striking all after ``concerning''; in line 10, by striking ``definition''
and inserting ``juvenile justice''; also in line 10, after ``amending'' by inserting ``K.S.A. 21-
3520, 75-7007, 75-7021, 75-7032 and 76-172 and''; also in line 10, after ``Supp.'' by inserting
``21-3413, 21-3810,''; also in line 10, after ``38-1602'' by inserting ``, 38-1604, 38-1663, 38-
1664, 38-1681, 38-16,129, 38-16,130, 38-16,131, 46-2801 and 75-7024''; in line 11, by
striking ``section'' and inserting ``sections''; also in line 11, after ``repealing'' by inserting
``K.S.A. 75-7008 and 75-7009 and K.S.A. 1997 Supp. 38-1663, as amended by section 8 of
chapter 187 of the 1998 Session Laws of Kansas and''; and the bill be passed as amended.

Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were thereupon introduced and read by title:

HB 2553, An act concerning the civil commitment of sexually violent predators;
amending K.S.A. 59-29a01 and K.S.A. 1998 Supp. 59-29a02, 59-29a03, 59-29a04, 59-29a07,
59-29a18 and 59-29a19 and repealing the existing sections, by Committee on Federal and
State Affairs.

HB 2554, An act concerning agriculture; creating the Kansas agricultural linked deposit
program; providing certain requirements; prescribing certain duties for the state treasurer,
by Committee on Appropriations.

On motion of Rep. Glasscock, the House adjourned until 11:00 a.m., Tuesday, March 9,
1999.

CHARLENE SWANSON, Journal Clerk.

JANET E. JONES, Chief Clerk.