SB 111 — As Introduced — Kansas Legislature

Session of 2025

SENATE BILL No. 111

By Committee on Judiciary

1-29

1AN ACT concerning children and minors; relating to the revised Kansas

2juvenile justice code; prohibiting fines, fees and costs from being

3assessed against a juvenile or a juvenile's parent, guardian or custodian;

4amending K.S.A. 12-16,119, 20-3129, 21-6609, 22-4905, 28-170, 28-

5170a, 28-176, 38-2306, 38-2312, 38-2315, 38-2317, 38-2328, 38-2331,

638-2346, 38-2348, 38-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-

72384, 38-2389, 38-2396, 38-2399 and 75-724 and K.S.A. 2024 Supp.

828-177 and repealing the existing sections; also repealing K.S.A. 20-

9167, 38-2314, 38-2319, 38-2321, 38-2322 and 38-2324.

11Be it enacted by the Legislature of the State of Kansas:

12New Section 1. (a) In any action pursuant to the revised Kansas

13juvenile justice code, no fines, fees, costs, court expenses, reimbursements

14or other financial obligations shall be ordered, assessed or sought against a

15juvenile or a juvenile's parent, guardian or custodian.

16(b) On and after July 1, 2025:

17(1) Any outstanding court-ordered fines, fees, costs, court expenses,

18reimbursements or other financial obligations owed by a juvenile or a

19juvenile's parent, guardian or custodian that were assessed during the

20course of an action pursuant to the revised Kansas juvenile justice code

21shall be discharged and shall not be collected. The provisions of this

22paragraph apply to court-ordered fines, fees, costs, court expenses,

23reimbursements and other financial obligations that are currently being

24collected utilizing the services of a contracting agent pursuant to K.S.A.

2520-169, and amendments thereto.

26(2) Any juvenile who is participating in an immediate intervention

27program, on probation, in a juvenile detention facility or juvenile

28correctional facility or is otherwise being supervised solely because the

29juvenile has outstanding fines, fees, costs, court expenses, reimbursements

30or other financial obligations shall be immediately discharged.

31(3) A juvenile, parent or guardian who is currently incarcerated in a

32correctional facility, jail, juvenile correctional facility or juvenile detention

33facility solely because of nonpayment of any fine, fee, cost, court expense,

34reimbursement or other financial obligation imposed in an action pursuant

35to the revised Kansas juvenile justice code shall be released from

36custody.

1(c) The provisions of this section shall not apply to restitution that is

2owed by a juvenile.

3(d) This section shall be a part of and supplemental to the revised

4Kansas juvenile justice code.

5Sec. 2. K.S.A. 12-16,119 is hereby amended to read as follows: 12-

616,119. (a) Any person convicted or diverted~~, or adjudicated or diverted~~

7~~under a preadjudication program,~~ pursuant to K.S.A. 12-4414 et seq. or

822-2906 et seq.~~, K.S.A. 38-2346 et seq., or 12-4414 et seq.~~, and

9amendments thereto, of a misdemeanor or felony contained in chapters 8,

1041 or 65 of the Kansas Statutes Annotated, or the Kansas criminal code,

11and amendments thereto, where fingerprints are required pursuant to

12K.S.A. 21-2501, and amendments thereto, shall pay a separate court cost if

13the board of county commissioners or by the governing body of a city,

14where a city operates a detention facility, votes to adopt such a fee as a

15booking or processing fee for each complaint.

16(b) Such fee shall be in addition to and not in substitution for any and

17all fines and penalties otherwise provided for by law for such offense.

18(c) Disbursements of these fees shall be to the general fund of the

19governing body responsible for the funding of the sheriff, police

20department or countywide law enforcement agency that obtains the

21fingerprints.

22(d) Such fee shall not exceed $45.

23(e) Such fee shall not be imposed in any action pursuant to the

24revised Kansas juvenile justice code.

25Sec. 3. K.S.A. 20-3129 is hereby amended to read as follows: 20-

263129. (a) Subject to the limitations contained in this section, the clerks of

27the district courts shall tax a library fee in an amount determined by the

28trustees of the law library in each county for the benefit and account of the

29law library in each county. Such library fee shall be not less than $2 nor

30more than $10 in all cases commenced pursuant to chapter 60 of the

31Kansas Statutes Annotated, and amendments thereto, and in all felony

32criminal cases and shall be not less than $.50 nor more than $7 in all other

33cases.

34(b) The clerks of the district courts in Sedgwick county and Johnson

35county may tax an additional fee in an amount determined by the trustees

36of the law library in each county for the benefit and account of the law

37library in each such county. Such additional library fee shall not be more

38than $4 in all cases.

39(c) The trustee of the law library in each county may increase law

40library fees under this section once per calendar year as of July 1. Changed

41law library fees shall be effective as of that date and when filed with the

42clerk of the supreme court. The trustees of the law library in each county

43shall file with the respective clerks the fees to be charged in that court.

1(d) The fees provided for by subsection (a) shall be deducted from the

2docket fee. The fees provided for by subsection (b) shall be in addition to

3the docket fees established by law.

4(e) In criminal cases where the case is dismissed by the state, the

5county shall be liable for the library fee. Where appeals from conviction in

6the municipal court are dismissed for want of prosecution, or by the

7defendant, the state or city shall collect the library fee. Upon failure of the

8state or city to do so within 90 days after the dismissal, the county from

9which the appeal is taken shall be liable therefor.

10(f) The additional library fee under subsection (b) shall be considered

11a docket fee for purposes of K.S.A. 60-2001 et seq., and amendments

12thereto.

13(g) No fee shall be imposed on or collected from a juvenile or a

14juvenile's parent, guardian or custodian pursuant to this section in any

15action pursuant to the revised Kansas juvenile justice code.

16Sec. 4. K.S.A. 21-6609 is hereby amended to read as follows: 21-

176609. (a) The court or the secretary of corrections may implement a house

18arrest program for defendants or inmates being sentenced by the court or

19in the custody of the secretary of corrections or as a sanction for offenders

20who have failed to comply with the conditions of probation, parole or

21postrelease supervision, except:

22(1) No defendant shall be placed by the court under house arrest if

23found guilty of:

24(A) Any crime designated as a class A or B felony in article 34 or 35

25of the Kansas Statutes Annotated, prior to their repeal;

26(B) ~~subsection (b) of~~ K.S.A. 21-5604(b), and amendments thereto;

27(C) K.S.A. 21-5602, and amendments thereto;

28(D) any off-grid felony; or

29(E) any nondrug crime ranked in severity levels 1 through 5 or any

30felony ranked in severity levels 1 through 3 of the drug grid, unless the

31offender has been sentenced to probation;

32(2) no inmate shall be placed under house arrest if such inmate's

33security status is greater than minimum security; or

34(3) no inmate shall be placed under house arrest who has been denied

35parole by the prisoner review board within the last six months. Any inmate

36who, while participating in the house arrest program, is denied parole by

37the prisoner review board shall be allowed to remain under house arrest

38until the completion of the sentence or until the inmate is otherwise

39removed from the program.

40(b) At the time of placement of an inmate under house arrest, the

41court, secretary or house arrest staff shall provide written notification to

42the sheriff and district or county attorney of the county in which any

43person under house arrest is to be placed and to the chief law enforcement

1officer of any incorporated city or town in which such person is to be

2placed of the placement of the person under house arrest within the county

3or incorporated city or town.

4(c) House arrest sanctions shall be administered by the court and the

5secretary of corrections, respectively, through rules and regulations, and

6may include, but are not limited to, rehabilitative restitution in money or in

7kind, curfew, revocation or suspension of the driver's license, community

8service, deprivation of nonessential activities or privileges, or other

9appropriate restraints on the inmate's liberty.

10(d) Upon placement in a house arrest program, the court, secretary or

11house arrest staff shall inform the offender, and any other people residing

12with such offender, of the nature and extent of such house arrest

13monitoring, and shall obtain the written agreement of such offender to

14comply with all requirements of the program.

15(e) The offender shall remain within the property boundaries of the

16offender's residence at all times during the term of house arrest, except as

17provided under the house arrest agreement with such offender.

18(f) The offender shall allow any law enforcement officer, community

19corrections officer, court services officer or duly authorized agent of the

20department of corrections, to enter such offender's residence at any time to

21verify the offender's compliance with the conditions of the house release.

22(g) As a condition of house arrest, the court or secretary may require

23an offender placed under house arrest to pay any supervision costs

24associated with the house arrest program. The secretary shall not require a

25juvenile or a juvenile's parent, guardian or custodian to pay any

26supervision costs associated with a house arrest program.

27(h) The offender shall consent to be monitored by:

28(1) An electronic monitoring device on such offender's person;

29(2) an electronic monitoring device in such offender's home;

30(3) a remote blood alcohol monitoring device;

31(4) a home telephone verification procedure;

32(5) radio frequency devices; or

33(6) any combination of monitoring methods as the court, secretary or

34house arrest staff finds necessary.

35(i) The secretary or the court may contract for independent

36monitoring services. Such independent monitoring service shall be able to

37provide monitoring 24 hours a day, every day of the year, and any other

38services as determined by the secretary or the court.

39(j) An offender violating the provisions of K.S.A. 8-1567, and

40amendments thereto, if placed under house arrest, shall be monitored by an

41electronic monitoring device, which verifies the offender's location. On a

42second or subsequent conviction of K.S.A. 8-1567, and amendments

43thereto, an offender placed under house arrest shall serve the total number

1of hours of confinement mandated by that section.

2(k) As used in this section:

3(1) "House arrest staff" means an independent contractor or

4government entity, and agents thereof, utilized by the secretary or court to

5administer the provisions of a house arrest program;

6(2) "electronic monitoring device" means:

7(A) An active or passive global positioning system-enabled device

8capable of recording and transmitting an offender's location at all times or

9at designated intervals. Such monitoring device may record or transmit

10sound, visual images or other information regarding such offender's

11location, via wireless communication; or

12(B) a radio frequency device capable of monitoring an offender's

13location; and

14(3) "remote alcohol monitoring device" means a device capable of

15monitoring an offender's blood alcohol content via micro fuel cell or deep

16lung tissue sample. Such monitoring devices shall be of comparable

17accuracy to roadside breath alcohol testing devices utilized by law

18enforcement, and shall have wireless or landline telephone transmission

19capabilities. Such device may be used in conjunction with an alcohol and

20drug-sensing bracelet to monitor such offender's compliance with the

21terms of house arrest.

22Sec. 5. K.S.A. 22-4905 is hereby amended to read as follows: 22-

234905. Any offender required to register as provided in the Kansas offender

24registration act shall:

25(a) Except as otherwise provided in this subsection, register in person

26with the registering law enforcement agency within three business days of

27coming into any county or location of jurisdiction in which the offender

28resides or intends to reside, maintains employment or intends to maintain

29employment, or attends school or intends to attend school. Any such

30offender who cannot physically register in person with the registering law

31enforcement agency for such reasons including, but not limited to,

32incapacitation or hospitalization, as determined by a person licensed to

33practice medicine or surgery, or involuntarily committed pursuant to the

34Kansas sexually violent predator act, shall be subject to verification

35requirements other than in-person registration, as determined by the

36registering law enforcement agency having jurisdiction;

37(b) except as provided further, for any: (1) Sex offender, including a

38violent offender or drug offender who is also a sex offender, report in

39person four times each year to the registering law enforcement agency in

40the county or location of jurisdiction in which the offender resides,

41maintains employment or is attending a school; and (2) violent offender or

42drug offender, report in person four times each year to the registering law

43enforcement agency in the county or location of jurisdiction in which the

1offender resides, maintains employment or is attending a school, except

2that, at the discretion of the registering law enforcement agency, one of the

3four required reports may be conducted by certified letter. When utilized,

4the certified letter for reporting shall be sent by the registering law

5enforcement agency to the reported residence of the offender. The offender

6shall indicate any changes in information as required for reporting in

7person. The offender shall respond by returning the certified letter to the

8registering law enforcement agency within 10 business days by certified

9mail. The offender shall be required to report to the registering law

10enforcement agency once during the month of the offender's birthday and

11every third, sixth and ninth month occurring before and after the month of

12the offender's birthday. The registering law enforcement agency may

13determine the appropriate times and days for reporting by the offender,

14consistent with this subsection. Nothing contained in this subsection shall

15be construed to alleviate any offender from meeting the requirements

16prescribed in the Kansas offender registration act;

17(c) provide the information required for registration as provided in

18K.S.A. 22-4907, and amendments thereto, and verify all information

19previously provided is accurate;

20(d) if in the custody of a correctional facility, register with the

21correctional facility within three business days of initial custody and shall

22not be required to update such registration until discharged, paroled,

23furloughed or released on work or school release from a correctional

24facility. A copy of the registration form and any updated registrations for

25an offender released on work or school release shall be sent, within three

26business days, to the registering law enforcement agency where the

27offender is incarcerated, maintains employment or attends school, and to

28the Kansas bureau of investigation;

29(e) if involuntarily committed pursuant to the Kansas sexually violent

30predator act, register within three business days of arrival in the county

31where the offender resides during commitment. The offender shall not be

32required to update such registration until placed in a reintegration facility,

33on transitional release or on conditional release. Upon placement in a

34reintegration facility, on transitional release or on conditional release, the

35offender shall be personally responsible for complying with the provisions

36of the Kansas offender registration act;

37(f) notwithstanding subsections (a) and (b), if the offender is

38transient, report in person to the registering law enforcement agency of

39such county or location of jurisdiction in which the offender is physically

40present within three business days of arrival in the county or location of

41jurisdiction. Such offender shall be required to register in person with the

42registering law enforcement agency every 30 days, or more often at the

43discretion of the registering law enforcement agency. Such offender shall

1comply with the provisions of the Kansas offender registration act and, in

2addition, shall:

3(1) Provide a list of places where the offender has slept and otherwise

4frequented during the period of time since the last date of registration; and

5(2) provide a list of places where the offender may be contacted and

6where the offender intends to sleep and otherwise frequent during the

7period of time prior to the next required date of registration;

8(g) if required by out-of-state law, register in any out-of-state

9jurisdiction, where the offender resides, maintains employment or attends

10school;

11(h) register in person upon any commencement, change or

12termination of residence location, employment status, school attendance or

13other information as provided in K.S.A. 22-4907, and amendments thereto,

14within three business days of such commencement, change or termination,

15to the registering law enforcement agency or agencies where last

16registered and provide written notice to the Kansas bureau of

17investigation;

18(i) report in person to the registering law enforcement agency or

19agencies within three business days of any change in name;

20(j) if receiving inpatient treatment at any treatment facility, inform the

21treatment facility of the offender's status as an offender and inform the

22registering law enforcement agency of the county or location of

23jurisdiction in which the treatment facility is located of the offender's

24presence at the treatment facility and the expected duration of the

25treatment;

26(k) submit to the taking of an updated photograph by the registering

27law enforcement agency on each occasion when the offender registers with

28or reports to the registering law enforcement agency in the county or

29location of jurisdiction in which the offender resides, maintains

30employment or attends school. In addition, such offender shall submit to

31the taking of a photograph to document any changes in identifying

32characteristics, including, but not limited to, scars, marks and tattoos;

33(l) remit payment to the sheriff's office in the amount of $20 as part of

34the reporting process required pursuant to subsection (b) in each county in

35which the offender resides, maintains employment or is attending school.

36Registration will be completed regardless of whether or not the offender

37remits payment. Failure of the offender to remit full payment within 15

38days of registration is a violation of the Kansas offender registration act

39and is subject to prosecution pursuant to K.S.A. 22-4903, and amendments

40thereto. Notwithstanding other provisions ~~herein~~ of this section, payment

41of this fee is not required:

42(1) When an offender provides updates or changes in information or

43during an initial registration unless such updates, changes or initial

1registration is during the month of such offender's birthday and every

2third, sixth and ninth month occurring before and after the month of the

3offender's birthday;

4(2) when an offender is transient and is required to register every 30

5days, or more frequently as ordered by the registering law enforcement

6agency, except during the month of the offender's birthday and every third,

7sixth and ninth month occurring before and after the month of the

8offender's birthday; or

9(3) if an offender has, prior to the required reporting and within the

10last three years, been determined to be indigent by a court of law, and the

11basis for that finding is recorded by the court; or

12(4) when an offender is required to register solely because of a

13juvenile adjudication;

14(m) annually renew any driver's license pursuant to K.S.A. 8-247, and

15amendments thereto, and annually renew any identification card pursuant

16to K.S.A. 2024 Supp. 8-1325a, and amendments thereto;

17(n) if maintaining primary residence in this state, surrender all driver's

18licenses and identification cards from other states, territories and the

19District of Columbia, except if the offender is presently serving and

20maintaining active duty in any branch of the United States military or the

21offender is an immediate family member of a person presently serving and

22maintaining active duty in any branch of the United States military;

23(o) read and sign the registration form noting whether the

24requirements provided in this section have been explained to the offender;

25and

26(p) report in person to the registering law enforcement agency in the

27jurisdiction of the offender's residence and provide written notice to the

28Kansas bureau of investigation 21 days prior to any travel outside of the

29United States, and provide an itinerary including, but not limited to,

30destination, means of transport and duration of travel, or if under

31emergency circumstances, within three business days of making travel

32arrangements.

33Sec. 6. K.S.A. 28-170 is hereby amended to read as follows: 28-170.

34(a) The docket fee prescribed by K.S.A. 60-2001, and amendments thereto,

35and the fees for service of process, shall be the only costs assessed for

36services of the clerk of the district court and the sheriff in any case filed

37under chapter 60 or chapter 61 of the Kansas Statutes Annotated, and

38amendments thereto, except that no fee shall be charged for an action filed

39under K.S.A. 60-3101 et seq., ~~and under~~ K.S.A. 60-31a01 et seq., and

40amendments thereto. For services in other matters in which no other fee is

41prescribed by statute, the following fees shall be charged and collected by

42the clerk. Only one fee shall be charged for each bond, lien or judgment:

431. For filing, entering and releasing a bond, mechanic's lien, notice of

1intent to perform, personal property tax judgment or any judgment on

2which execution process cannot be issued $14

32. For filing, entering and releasing a judgment of a court of this state on

4which execution or other process can be issued $24

53. For a certificate, or for copying or certifying any paper or writ, such fee

6as shall be prescribed by the district court.

8(b) The fees for entries, certificates and other papers required in

9naturalization cases shall be those prescribed by the federal government

10and, when collected, shall be disbursed as prescribed by the federal

11government. The clerk of the court shall remit to the state treasurer at least

12monthly all moneys received from fees prescribed by subsection (a) or (b)

13or received for any services performed which may be required by law. The

14state treasurer shall deposit the remittance in the state treasury and credit

15the entire amount to the state general fund.

16(c) In actions pursuant to the revised Kansas code for care of

17children, K.S.A. 38-2201 et seq., and amendments thereto, ~~the revised~~

18~~Kansas juvenile justice code, K.S.A. 38-2301 et seq~~.~~, and amendments~~

19~~thereto,~~ the act for treatment of alcoholism, K.S.A. 65-4001 et seq., and

20amendments thereto, the act for treatment of drug abuse, K.S.A. 65-5201

21et seq., and amendments thereto, or the care and treatment act for mentally

22ill persons, K.S.A. 59-2945 et seq., and amendments thereto, the clerk

23shall charge an additional fee of $1 which shall be deducted from the

24docket fee and credited to the prosecuting attorneys' training fund as

25provided in K.S.A. 28-170a, and amendments thereto.

26(d) Except as provided further, the bond, lien or judgment fee

27established in subsection (a) shall be the only fee collected or moneys in

28the nature of a fee collected for such bond, lien or judgment. Such fee shall

29only be established by an act of the legislature and no other authority is

30established by law or otherwise to collect a fee. On and after July 1, 2019,

31through June 30, 2025, the supreme court may impose an additional

32charge, not to exceed $22 per bond, lien or judgment fee, to fund the costs

33of non-judicial personnel, except that such fee shall not be imposed in any

34action pursuant to the revised Kansas juvenile justice code.

35Sec. 7. K.S.A. 28-170a is hereby amended to read as follows: 28-

36170a. (a) There is hereby established a prosecuting attorneys' training

37fund. The clerk of the district court shall charge a fee of $1 in each

38criminal case, to be deducted from the docket fee as provided in K.S.A.

3928-172a, and amendments thereto and shall charge a fee of $1 in each case

40pursuant to the revised Kansas code for care of children ~~or the revised~~

41~~Kansas juvenile justice code~~ and each mental illness, drug abuse or

42alcoholism treatment action as provided by ~~subsection (c) of~~ K.S.A. 28-

43170(c), and amendments thereto. The clerk of the district court, at least

1monthly, shall pay all such fees received to the county treasurer who shall

2credit the same to the prosecuting attorneys' training fund.

3(b) Expenditures from the prosecuting attorneys' training fund shall

4be paid by the county treasurer upon the order of the county or district

5attorney and shall be used exclusively for the training of personnel in such

6attorney's office and costs related thereto. Annually, on or before March

715, each county and district attorney shall submit to the attorney general

8and the chairperson of the judiciary committee of each house, an

9accounting that shows for the preceding year the amount of fees paid into

10the prosecuting attorneys' training fund, the amounts and purpose of each

11expenditure from such fund and the balance in such fund on December 31

12of the preceding year. The purpose for each expenditure shall specifically

13identify the person or persons for whom the expenditure was made and,

14where applicable, the time and place where the training was received. If

15any expenditure was paid to a nonprofit organization organized in this

16state of which the county or district attorney is a member, the county or

17district attorney shall include information on the training received for such

18expenditure which information shall show the persons receiving the

19training and the time and place thereof.

20Sec. 8. K.S.A. 28-176 is hereby amended to read as follows: 28-176.

21(a) The court shall order any person convicted or diverted~~, or adjudicated~~

22~~or diverted under a preadjudication program~~ pursuant to K.S.A. 12-4414,

23et seq. or 22-2906 et seq.~~, K.S.A. 38-2346 et seq., or 12-4414~~, and

24amendments thereto, of a misdemeanor or felony contained in chapters 21,

2541 or 65 of the Kansas Statutes Annotated, and amendments thereto, or a

26violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or a

27violation of a municipal ordinance or county resolution prohibiting the acts

28prohibited by such statutes, unless the municipality or county has an

29agreement with the laboratory providing services that sets a restitution

30amount to be paid by the person that is directly related to the cost of

31laboratory services, to pay a separate court cost of $400 for every

32individual offense if forensic science or laboratory services, forensic

33computer examination services or forensic audio and video examination

34services are provided, in connection with the investigation, by:

35(1) The Kansas bureau of investigation;

36(2) the Sedgwick county regional forensic science center;

37(3) the Johnson county sheriff's laboratory;

38(4) the heart of America regional computer forensics laboratory;

39(5) the Wichita-Sedgwick county computer forensics crimes unit; or

40(6) the Garden City police department computer, audio and video

41forensics laboratory.

42(b) Such fees shall be in addition to and not in substitution for any

43and all fines and penalties otherwise provided for by law for such offense.

1(c) The court shall not lessen or waive such fees unless the court has

2determined such person is indigent and the basis for the court's

3determination is reflected in the court's order.

4(d) Such fees shall be deposited into the designated fund of the

5laboratory or forensic science or computer center that provided such

6services. Fees for services provided by:

7(1) The Kansas bureau of investigation shall be deposited in the

8Kansas bureau of investigation forensic laboratory and materials fee fund

9which is hereby created;

10(2) the Sedgwick county regional forensic science center shall be

11deposited in the Sedgwick county general fund;

12(3) the Johnson county sheriff's laboratory shall be deposited in the

13Johnson county sheriff's laboratory analysis fee fund;

14(4) the heart of America regional computer forensics laboratory shall

15be deposited in the general treasury account maintained by such

16laboratory;

17(5) the Wichita-Sedgwick county computer forensic crimes unit shall

18be retained by the Sedgwick county sheriff. All funds retained by the

19sheriff pursuant to the provisions of this section shall be credited to a

20special fund of the sheriff's office; and

21(6) the Garden City police department computer, audio and video

22forensics laboratory shall be deposited in the Garden City general fund.

23(e) Disbursements from the funds and accounts described in

24subsection (d) shall be made for the following:

25(1) Forensic science or laboratory services;

26(2) forensic computer examination services;

27(3) forensic audio and video examination services;

28(4) purchase and maintenance of laboratory equipment and supplies;

29(5) education, training and scientific development of personnel; and

30(6) from the Kansas bureau of investigation forensic laboratory and

31materials fee fund, the destruction of seized property and chemicals as

32described in K.S.A. 22-2512 and 60-4117, and amendments thereto.

33(f) On or before the 10th day of each month, the director of accounts

34and reports shall transfer from the state general fund to the Kansas bureau

35of investigation forensic laboratory and materials fee fund interest earnings

36based on:

37(1) The average daily balance of moneys in the Kansas bureau of

38investigation forensic laboratory and materials fee fund for the preceding

39month; and

40(2) the net earnings rate of the pooled money investment portfolio for

41the preceding month.

42(g) All expenditures from the Kansas bureau of investigation forensic

43laboratory and materials fee fund shall be made in accordance with

1appropriations acts upon warrants of the director of accounts and reports

2issued pursuant to vouchers approved by the attorney general or by a

3person or persons designated by the attorney general.

4Sec. 9. K.S.A. 2024 Supp. 28-177 is hereby amended to read as

5follows: 28-177. (a) Except as provided in this section and K.S.A. 28-178,

6and amendments thereto, the fees established by legislative enactment

7shall be the only fee collected or moneys in the nature of a fee collected

8for court procedures. Such fee shall only be established by an act of the

9legislature and no other authority is established by law or otherwise to

10collect a fee. Court procedures shall include docket fees, filing fees or

11other fees related to access to court procedures. On and after July 1, 2019,

12through June 30, 2025, the supreme court may impose an additional

13charge, not to exceed $26.50 per fee or the amount established by the

14applicable statute, whichever amount is less, to fund the costs of non-

15judicial personnel.

16(b) Such additional charge imposed by the court pursuant to K.S.A. 8-

172107, 8-2110, 21-6614, 22-2410, 23-2510, 28-170, 28-172a, 28-178, 28-

18179, 32-1049a, 38-2215, ~~38-2312, 38-2314,~~ 59-104, 60-2001, 60-2203a,

1961-2704, 61-4001 and 65-409 ~~and K.S.A. 21-6614 and 23-2510~~, and

20amendments thereto, shall be remitted to the state treasurer in accordance

21with the provisions of K.S.A. 75-4215, and amendments thereto. Upon

22receipt of each such remittance, the state treasurer shall deposit the entire

23amount in the state treasury to the credit of the state general fund.

24(c) There is hereby established in the state treasury the judicial branch

25docket fee fund which shall be administered by the chief justice at the

26Kansas supreme court. Moneys credited to the judicial branch docket fee

27fund shall not be expended for compensation of judges or justices of the

28judicial branch.

29(d) All expenditures from the judicial branch docket fee fund shall be

30made in accordance with appropriation acts and upon warrants of the

31director of accounts and reports issued pursuant to vouchers approved by

32the chief justice of the Kansas supreme court or by a person or persons

33designated by the chief justice.

34Sec. 10. K.S.A. 38-2306 is hereby amended to read as follows: 38-

352306. (a) Appointment of attorney to represent juvenile. A juvenile is

36entitled to have the assistance of an attorney at every stage of the

37proceedings. If a juvenile appears before any court without an attorney, the

38court shall inform the juvenile and the juvenile's parent of the right to

39employ an attorney. Upon failure to retain an attorney, the court shall

40appoint an attorney to represent the juvenile. The expense of the appointed

41attorney ~~may~~ shall not be assessed to the juvenile, or the juvenile's parent,

42~~or both, as part of the expenses of the case~~ guardian or custodian.

43(b) Continuation of representation. An attorney appointed for a

1juvenile shall continue to represent the juvenile at all subsequent court

2hearings in the proceeding under this code, including appellate

3proceedings, unless relieved by the court upon a showing of good cause or

4upon transfer of venue.

5(c) Attorney fees. An attorney appointed pursuant to this section shall

6be allowed a reasonable fee for services, which ~~may be assessed as an~~

7~~expense in the proceedings as provided in K.S.A. 38-2314, and~~

8~~amendments thereto~~ shall be paid from the county's general fund.

9(2) No fee for the services of an attorney appointed pursuant to this

10section shall be assessed against a juvenile or a juvenile's parent,

11guardian or custodian.

12Sec. 11. K.S.A. 38-2312 is hereby amended to read as follows: 38-

132312. (a) Except as provided in subsections (b) and (c), any records or files

14specified in this code concerning a juvenile may be expunged upon

15application to a judge of the court of the county in which the records or

16files are maintained. The application for expungement may be made by the

17juvenile, if 18 years of age or older or, if the juvenile is less than 18 years

18of age, by the juvenile's parent or next friend.

19(b) There shall be no expungement of records or files concerning acts

20committed by a juvenile which, if committed by an adult, would constitute

21a violation of K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and

22amendments thereto, murder in the first degree; K.S.A. 21-3402, prior to

23its repeal, or K.S.A. 21-5403, and amendments thereto, murder in the

24second degree; K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and

25amendments thereto, voluntary manslaughter; K.S.A. 21-3404, prior to its

26repeal, or K.S.A. 21-5405, and amendments thereto, involuntary

27manslaughter; K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and

28amendments thereto, capital murder; K.S.A. 21-3442, prior to its repeal, or

29K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto, involuntary

30manslaughter while driving under the influence of alcohol or drugs; K.S.A.

3121-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto,

32rape; K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and

33amendments thereto, indecent liberties with a child; K.S.A. 21-3504, prior

34to its repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated

35indecent liberties with a child; K.S.A. 21-3506, prior to its repeal, or

36K.S.A. 21-5504(b), and amendments thereto, aggravated criminal sodomy;

37K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments

38thereto, indecent solicitation of a child; K.S.A. 21-3511, prior to its repeal,

39or K.S.A. 21-5508(b), and amendments thereto, aggravated indecent

40solicitation of a child; K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-

415510, and amendments thereto, sexual exploitation of a child; K.S.A. 21-

425514(a), and amendments thereto, internet trading in child pornography;

43K.S.A. 21-5514(b), and amendments thereto, aggravated internet trading in

1child pornography; K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-

25604(b), and amendments thereto, aggravated incest; K.S.A. 21-3608,

3prior to its repeal, or K.S.A. 21-5601(a), and amendments thereto,

4endangering a child; K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-

55602, and amendments thereto, abuse of a child; or which would constitute

6an attempt to commit a violation of any of the offenses specified in this

7subsection.

8(c) Notwithstanding any other law to the contrary, for any offender

9who is required to register as provided in the Kansas offender registration

10act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no

11expungement of any conviction or any part of the offender's criminal

12record while the offender is required to register as provided in the Kansas

13offender registration act.

14(d) When a petition for expungement is filed, the court shall set a date

15for a hearing on the petition and shall give notice thereof to the county or

16district attorney. The petition shall state: (1) The juvenile's full name; (2)

17the full name of the juvenile as reflected in the court record, if different

18than (1); (3) the juvenile's sex and date of birth; (4) the offense for which

19the juvenile was adjudicated; (5) the date of the trial; and (6) the identity

20of the trial court. ~~Except as otherwise provided by law, a petition for~~

21~~expungement shall be accompanied by a docket fee in the amount of $176.~~

22~~On and after July 1, 2019, through June 30, 2025, the supreme court may~~

23~~impose a charge, not to exceed $19 per case, to fund the costs of non-~~

24~~judicial personnel~~ No docket fee, charge or other cost shall be imposed on

25the petitioner. All petitions for expungement shall be docketed in the

26original action. Any person who may have relevant information about the

27petitioner may testify at the hearing. The court may inquire into the

28background of the petitioner.

29(e) (1) After hearing, the court shall order the expungement of the

30records and files if the court finds that:

31(A) (i) The juvenile has reached 23 years of age or that two years

32have elapsed since the final discharge;

33(ii) one year has elapsed since the final discharge for an adjudication

34concerning acts committed by a juvenile which, if committed by an adult,

35would constitute a violation of K.S.A. 21-6419, and amendments thereto;

36or

37(iii) the juvenile is a victim of human trafficking, aggravated human

38trafficking or commercial sexual exploitation of a child, the adjudication

39concerned acts committed by the juvenile as a result of such victimization,

40including, but not limited to, acts which, if committed by an adult, would

41constitute a violation of K.S.A. 21-6203 or 21-6419, and amendments

42thereto, and the hearing on expungement occurred on or after the date of

43final discharge. The provisions of this clause shall not allow an

1expungement of records or files concerning acts described in subsection

2(b);

3(B) since the final discharge of the juvenile, the juvenile has not been

4convicted of a felony or of a misdemeanor other than a traffic offense or

5adjudicated as a juvenile offender under the revised Kansas juvenile justice

6code and no proceedings are pending seeking such a conviction or

7adjudication; and

8(C) the circumstances and behavior of the petitioner warrant

9expungement.

10(2) (A) The court ~~may require that all court costs, fees and restitution~~

11~~shall be paid~~ shall not deny or delay the processing of a petition for

12expungement because of unpaid court costs, fees, restitution or other

13outstanding financial obligations.

14(B) For the purpose of collecting outstanding restitution, the

15following persons shall have access to the expunged case file

16notwithstanding any expungement:

17(i) The clerk of the court;

18(ii) a contracting agent as defined in K.S.A. 20-169, and amendments

19thereto;

20(iii) the petitioner and the petitioner's attorney;

21(iv) the beneficiary under an order of restitution as defined in K.S.A.

2220-169, and amendments thereto, and such beneficiary's attorney; and

23(v) any other person authorized by a court order if the court finds it

24is necessary for the person to have access to the expunged case file for the

25purpose of collecting the outstanding restitution.

26(f) Upon entry of an order expunging records or files, the offense

27which the records or files concern shall be treated as if it never occurred,

28except that upon conviction of a crime or adjudication in a subsequent

29action under this code the offense may be considered in determining the

30sentence to be imposed. The petitioner, the court and all law enforcement

31officers and other public offices and agencies shall properly reply on

32inquiry that no record or file exists with respect to the juvenile. Inspection

33of the expunged files or records thereafter may be permitted by order of

34the court upon petition by the person who is the subject thereof. The

35inspection shall be limited to inspection by the person who is the subject of

36the files or records and the person's designees.

37(g) A certified copy of any order made pursuant to subsection (a) or

38(d) shall be sent to the Kansas bureau of investigation, which shall notify

39every juvenile or criminal justice agency which may possess records or

40files ordered to be expunged. If the agency fails to comply with the order

41within a reasonable time after its receipt, such agency may be adjudged in

42contempt of court and punished accordingly.

43(h) The court shall inform any juvenile who has been adjudicated a

1juvenile offender of the provisions of this section.

2(i) Nothing in this section shall be construed to prohibit the

3maintenance of information relating to an offense after records or files

4concerning the offense have been expunged if the information is kept in a

5manner that does not enable identification of the juvenile.

6(j) Nothing in this section shall be construed to permit or require

7expungement of files or records related to a child support order registered

8pursuant to the revised Kansas juvenile justice code.

9(k) Whenever the records or files of any adjudication have been

10expunged under the provisions of this section, the custodian of the records

11or files of adjudication relating to that offense shall not disclose the

12existence of such records or files, except when requested by:

13(1) The person whose record was expunged;

14(2) a private detective agency or a private patrol operator, and the

15request is accompanied by a statement that the request is being made in

16conjunction with an application for employment with such agency or

17operator by the person whose record has been expunged;

18(3) a court, upon a showing of a subsequent conviction of the person

19whose record has been expunged;

20(4) the secretary for aging and disability services, or a designee of the

21secretary, for the purpose of obtaining information relating to employment

22in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,

23of the Kansas department for aging and disability services of any person

24whose record has been expunged;

25(5) a person entitled to such information pursuant to the terms of the

26expungement order;

27(6) the Kansas lottery, and the request is accompanied by a statement

28that the request is being made to aid in determining qualifications for

29employment with the Kansas lottery or for work in sensitive areas within

30the Kansas lottery as deemed appropriate by the executive director of the

31Kansas lottery;

32(7) the governor or the Kansas racing commission, or a designee of

33the commission, and the request is accompanied by a statement that the

34request is being made to aid in determining qualifications for executive

35director of the commission, for employment with the commission, for

36work in sensitive areas in parimutuel racing as deemed appropriate by the

37executive director of the commission or for licensure, renewal of licensure

38or continued licensure by the commission;

39(8) the Kansas sentencing commission; or

40(9) the Kansas bureau of investigation, for the purposes of:

41(A) Completing a person's criminal history record information within

42the central repository in accordance with K.S.A. 22-4701 et seq., and

43amendments thereto; or

1(B) providing information or documentation to the federal bureau of

2investigation, in connection with the national instant criminal background

3check system, to determine a person's qualification to possess a firearm.

4(l) The provisions of subsection (k)(9) shall apply to all records

5created prior to, on and after July 1, 2011.

6Sec. 12. K.S.A. 38-2315 is hereby amended to read as follows: 38-

72315. (a) How paid. (1) If a juvenile, subject to this code, is not eligible for

8assistance under K.S.A. 39-709, and amendments thereto, expenses for the

9care and custody of the juvenile shall be paid out of the general fund of the

10county in which the proceedings are initiated. Upon entry of a written

11order transferring venue pursuant to K.S.A. 38-2305, and amendments

12thereto, expenses shall be paid by the receiving county. For the purpose of

13this section, a juvenile who is a nonresident of the state of Kansas or

14whose residence is unknown shall have residence in the county where the

15proceedings are initiated.

16(2) When the custody of a juvenile is awarded to the commissioner,

17the expenses for the care and custody of the juvenile from the date of

18custody forward shall not be paid out of the county general fund, except as

19provided in subsection ~~(d)~~ (b) or K.S.A. 38-2373, and amendments thereto.

20In no event shall the payment authorized by this subsection exceed the

21state approved rate.

22~~(3) Nothing in this section shall be construed to mean that any person~~

23~~shall be relieved of the legal responsibility to support a juvenile.~~

24~~(b)~~ ~~Reimbursement to county general fund.~~ ~~(1) When expenses for the~~

25~~care and custody of a juvenile subject to this code have been paid out of~~

26~~the county general fund of any county in this state, the court may assess~~

27~~the expenses to the person who by law is liable to maintain, care for or~~

28~~support the juvenile and shall inform the person assessed the expenses of~~

29~~such person's right to a hearing. If a hearing is requested, it shall be~~

30~~granted and the court shall fix a time and place for hearing on the question~~

31~~of requiring payment or reimbursement of all or part of the expenses by a~~

32~~person who by law is liable to maintain, care for or support the juvenile.~~

33~~(2) After notice to the person who by law is liable to maintain, care~~

34~~for or support the juvenile, the court, if requested, may hear and dispose of~~

35~~the matter and may enter an order relating to payment of expenses for care~~

36~~and custody of the juvenile. If the person willfully fails or refuses to pay~~

37~~the sum, the person may be adjudged in contempt of court and punished~~

38~~accordingly.~~

39~~(3) Any county which makes payment to maintain, care for or support~~

40~~a juvenile subject to this code, may bring a separate action against a person~~

41~~who by law is liable to maintain, care for or support such juvenile for the~~

42~~reimbursement of expenses paid out of the county general fund for the care~~

43~~and custody of the juvenile.~~

1~~(c)~~ ~~Reimbursement to the commissioner.~~ ~~When expenses for the care~~

2~~and custody of a juvenile subject to this code have been paid by the~~

3~~commissioner, the commissioner may recover the expenses as provided by~~

4~~law from any person who by law is liable to maintain, care for or support~~

5~~the juvenile. The commissioner shall have the power to compromise and~~

6~~settle any claim due or any amount claimed to be due to the commissioner~~

7~~from any person who by law is liable to maintain, care for or support the~~

8~~juvenile. The commissioner may contract with a state agency, contract~~

9~~with an individual or hire personnel to collect the reimbursements required~~

10~~under this subsection.~~

11~~(d)~~(b) Interlocal agreements. When a county has made an interlocal

12agreement to maintain, care for or support alleged juvenile offenders or

13juvenile offenders who are residents of another county and such other

14county is a party to the interlocal agreement with the county which

15performs the actual maintenance, care and support of the alleged juvenile

16offender or juvenile offender, such county of residence may pay from its

17county general fund to the other county whatever amount is agreed upon in

18the interlocal agreement irrespective of any amount paid or to be paid by

19the ~~juvenile justice authority~~ department of corrections. The ~~juvenile~~

20~~justice authority~~ department of corrections shall not diminish the amount it

21would otherwise reimburse any such county for maintaining, caring for

22and supporting any such juvenile because of any payment under such an

23interlocal agreement.

24(c) The expenses for the care and custody of a juvenile subject to this

25code shall not be assessed to the parent, guardian or custodian of the

26juvenile.

27Sec. 13. K.S.A. 38-2317 is hereby amended to read as follows: 38-

282317. (a) As used in this section:

29(1) "Adjudicated person" means a person found to be a juvenile

30offender or a person found not to be a juvenile offender because of mental

31disease or defect.

32(2) "Laboratory confirmation" means positive test results from a

33confirmation test approved by the secretary of health and environment.

34(3) "Sexual act" means contact between the penis and the vulva, the

35penis and the anus, the mouth and the penis, the mouth and the vulva or

36the mouth and the anus. For purposes of this ~~definition~~ paragraph, contact

37involving the penis occurs upon penetration, however slight.

38(4) "Infectious disease test" means a test approved by the secretary of

39health and environment.

40(5) "Body fluids" means blood, semen or vaginal secretions or any

41body fluid visibly contaminated with blood.

42(6) "Infectious disease" means any disease communicable from one

43person to another through contact with bodily fluids.

1(b) At the time of the first appearance before the court of a person

2charged with an offense involving a sexual act committed while the person

3was a juvenile, or in which it appears from the nature of the charge that the

4transmission of body fluids from one person to another may have been

5involved, the judge shall inform the person or the parent or legal guardian

6of the person of the availability of infectious disease testing and

7counseling and shall cause each alleged victim of the offense and if the

8alleged victim is a minor, the parent, if any, to be notified that infectious

9disease testing and counseling are available.

10(c) If the victim of the offense or if the victim is a minor, if the

11victim's parent requests the court to order infectious disease tests of the

12alleged offender or if the person charged with the offense stated to law

13enforcement officers that such person has an infectious disease or is

14infected with an infectious disease, or used words of like effect, the court

15shall order the person charged with the offense to submit to infectious

16disease tests.

17(d) For any offense by an adjudicated person which the court

18determines, from the facts of the case, involved or was likely to have

19involved the transmission of body fluids from one person to another or

20involved a sexual act, the court: (1) May order the adjudicated person to

21submit to infectious disease tests; or (2) shall order the adjudicated person

22to submit to infectious disease tests if a victim of the offense, or the parent

23or legal guardian of the victim if the victim is a minor, requests the court to

24make such order. If an infectious disease test is ordered under this

25subsection, a victim who is an adult shall designate a health care provider

26or counselor to receive the information on behalf of the victim. If a victim

27is a minor, the parent or legal guardian of the victim shall designate the

28health care provider or counselor to receive the information. If testing for

29HIV or hepatitis B infection results in a negative reaction, the court shall

30order the adjudicated person to submit to another test for HIV or hepatitis

31B infection six months after the first test was administered.

32(e) The results of infectious disease tests ordered under this section

33shall be disclosed to the court which ordered the test, to the adjudicated

34person, or the parent or legal guardian of the adjudicated person, and to

35each person designated under subsection (d) by a victim or by the parent or

36legal guardian of a victim. If infectious disease tests ordered under this

37section results in a laboratory confirmation, the results shall be reported to

38the secretary of health and environment and to: (1) The commissioner of

39juvenile justice, in the case of a juvenile offender or a person not

40adjudicated because of mental disease or defect, for inclusion in such

41offender's or person's medical file; or (2) the secretary of corrections, in

42the case of a person under 16 years of age who has been convicted as an

43adult, for inclusion in such person's medical file. The secretary of health

1and environment shall provide to each victim of the crime or sexual act, at

2the option of such victim, counseling regarding the human

3immunodeficiency virus and hepatitis B, testing for HIV or hepatitis B

4infection in accordance with K.S.A. 65-6001 et seq., and amendments

5thereto, and referral for appropriate health care and services.

6(f) The costs of any counseling and testing provided under subsection

7(e) by the secretary of health and environment shall be paid from amounts

8appropriated to the department of health and environment for that purpose.

9~~The court shall order the adjudicated person to pay restitution to the~~

10~~department of health and environment for the costs of any counseling~~

11~~provided under this section and the costs of any test ordered or otherwise~~

12~~performed under this section~~ No fee for any counseling or testing provided

13pursuant to this section shall be assessed against a juvenile or a juvenile's

14parent, guardian or custodian.

15(g) When a court orders an adjudicated person to submit to infectious

16disease tests under this section, the withdrawal of the blood may be

17performed only by: (1) A person licensed to practice medicine and surgery

18or a person acting under the supervision of any such licensed person; (2) a

19licensed professional nurse or a licensed practical nurse; or (3) a qualified

20medical technician. No person authorized by this subsection to withdraw

21blood, no person assisting in the performance of infectious disease tests

22nor any medical care facility where blood is withdrawn or tested that has

23been ordered by the court to withdraw or test blood shall be liable in any

24civil or criminal action when the test is performed in a reasonable manner

25according to generally accepted medical practices.

26(h) The results of tests or reports, or information therein, obtained

27under this section shall be confidential and shall not be divulged to any

28person not authorized by this section or authorized in writing by the

29juvenile to receive the results or information. Any violation of this section

30is a class C nonperson misdemeanor.

31Sec. 14. K.S.A. 38-2328 is hereby amended to read as follows: 38-

322328. (a) Complaint. (1) The complaint shall be in writing and shall state:

33(A) The name, date of birth and residence address of the alleged

34juvenile offender, if known;

35(B) the name and residence address of the alleged juvenile offender's

36parent, if known, and, if no parent can be found, the name and address of

37the nearest known relative;

38(C) the name and residence address of any persons having custody or

39control of the alleged juvenile offender;

40(D) plainly and concisely the essential facts constituting the offense

41charged and, if the statement is drawn in the language of the statute,

42ordinance or resolution alleged to have been violated, it shall be

43considered sufficient; and

1(E) for each count, the official or customary citation of the statute,

2ordinance or resolution which is alleged to have been violated, but error in

3the citation or its omission shall not be grounds for dismissal of the

4complaint or for reversal of an adjudication if the error or omission did not

5prejudice the juvenile.

6(2) The proceedings shall be entitled: "In the matter of

7____________, a juvenile."

8(3) ~~The complaint shall contain a request that parents be ordered to~~

9~~pay child support in the event the juvenile is removed from the home.~~

10~~(4)~~ The precise time of the commission of an offense need not be

11stated in the complaint, but it is sufficient if shown to have been within the

12statute of limitations, except where the time is an indispensable element of

13the offense.

14~~(5)~~(4) At the time of filing, the prosecuting attorney shall endorse

15upon the complaint the names of all known witnesses. The names of other

16witnesses that afterward become known to the prosecuting attorney may

17be endorsed at such times as the court prescribes by rule or otherwise.

18(b) Motions. Motions may be made orally or in writing. The motion

19shall state with particularity the grounds for the motion and shall state the

20relief or order sought. Motions available in civil and criminal procedure

21are available to the parties under this code.

22Sec. 15. K.S.A. 38-2331 is hereby amended to read as follows: 38-

232331. (a) The court shall not enter an order removing a juvenile from the

24custody of a parent pursuant to this section unless the court first finds that

25a detention risk assessment conducted pursuant to K.S.A. 75-7023(d), and

26amendments thereto, has assessed the juvenile as detention-eligible or

27there are grounds to override the results of a detention risk assessment tool

28and the court finds probable cause that:

29(1) Community-based alternatives to detention are insufficient to:

30(A) Secure the presence of the juvenile at the next hearing as

31evidenced by a demonstrable record of recent failures to appear at juvenile

32court proceedings and an exhaustion of detention alternatives; or

33(B) protect the physical safety of another person or property from

34serious threat if the juvenile is not detained; and

35(2) The court shall state the basis for each finding in writing.

36(b) Community-based alternatives to detention shall include, but not

37be limited to:

38(1) Release on the youth's promise to appear;

39(2) release to a parent, guardian or custodian upon the youth's

40assurance to secure such youth's appearance;

41(3) release with the imposition of reasonable restrictions on activities,

42associations, movements and residence specifically related to securing the

43youth's appearance at the next court hearing;

1(4) release to a voluntary community supervision program;

2(5) release to a mandatory, court-ordered community supervision

3program;

4(6) release with mandatory participation in an electronic monitoring

5program with minimal restrictions on the youth's movement; or

6(7) release with mandatory participation in an electronic monitoring

7program allowing the youth to leave home only to attend school, work,

8court hearings or other court-approved activities.

9(c) No juvenile shall be placed in a juvenile detention center solely

10due to:

11(1) A lack of supervision alternatives or service options;

12(2) a parent avoiding legal responsibility;

13(3) a risk of self-harm;

14(4) contempt of court;

15(5) a violation of a valid court order;

16(6) nonpayment of any fines, fees, court costs or restitution; or

17~~(6)~~(7) technical violations of conditional release unless there is

18probable cause that the juvenile poses a significant risk of harm to others

19or damage to property or the applicable graduated responses or sanctions

20protocol allows such placement.

21(d) No person 18 years of age or more shall be placed in a juvenile

22detention center.

23Sec. 16. K.S.A. 38-2346 is hereby amended to read as follows: 38-

242346. (a) Each director of juvenile intake and assessment services in

25collaboration with the county or district attorney shall adopt a policy and

26establish guidelines for an immediate intervention process by which a

27juvenile may avoid prosecution. The guidelines may include information

28on any offenders beyond those enumerated in subsection (b)(1) that shall

29be referred to immediate intervention. In addition to juvenile intake and

30assessment services adopting policies and guidelines for the immediate

31intervention process, the court, the county or district attorney, the director

32of the intake and assessment center and other relevant individuals or

33organizations, pursuant to a written agreement, shall collaboratively

34develop local programs to:

35(1) Provide for the direct referral of cases to immediate intervention

36programs by the county or district attorney and the intake and assessment

37worker.

38(2) Allow intake and assessment workers to issue a summons, as

39defined in subsection (e) and if juvenile intake and assessment services has

40adopted appropriate policies and guidelines, allow law enforcement

41officers to issue such a summons.

42(3) Allow the intake and assessment centers and other immediate

43intervention program providers to directly purchase services for the

1juvenile and the juvenile's family.

2(4) Allow intake and assessment workers to direct the release of a

3juvenile prior to a detention hearing after the completion of the intake and

4assessment process pursuant to K.S.A. 75-7023, and amendments thereto.

5(b) (1) A juvenile who goes through the juvenile intake and

6assessment process pursuant to K.S.A. 75-7023, and amendments thereto,

7shall be offered the opportunity to participate in an immediate intervention

8program and avoid prosecution if the juvenile is charged with a

9misdemeanor that is not an offense described in article 55 of chapter 21 of

10the Kansas Statutes Annotated, and amendments thereto, or a violation of

11K.S.A. 21-5507, and amendments thereto, the juvenile has no prior

12adjudications, and the offer is made pursuant to the guidelines developed

13pursuant to this section. Participation in an immediate intervention

14program is not required to be offered to a juvenile who was originally

15charged with an offense which, if committed by an adult, would constitute

16a felony and, as a result of a plea agreement reached between the juvenile

17and prosecuting attorney, the charge has been amended to a misdemeanor.

18A juvenile who has participated in an immediate intervention program for

19a previous misdemeanor may, but is not required to, be offered

20participation in an immediate intervention program.

21(2) A juvenile may also participate in an immediate intervention

22program if the juvenile is referred for immediate intervention by the

23county or district attorney pursuant to subsection (d).

24(3) Any juvenile referred to immediate intervention by juvenile intake

25and assessment services shall, upon acceptance, work together with court

26services, community corrections, juvenile intake and assessment services

27or any other entity designated as a part of the written agreement in

28subsection (a) to develop an immediate intervention plan. Such plan may

29be supervised or unsupervised by any of the aforementioned entities. The

30county or district attorneys office shall not be required to supervise

31juveniles participating in an immediate intervention program.

32(4) The immediate intervention plan shall last no longer than six

33months from the date of referral, unless the plan requires the juvenile to

34complete an evidence-based mental health or substance abuse program that

35extends beyond the six-month period. In such case, the plan may be

36extended up to two additional months.

37(5) If the juvenile satisfactorily complies with the immediate

38intervention plan, such juvenile shall be discharged and the charges

39dismissed at the end of the time period specified in paragraph (4).

40(6) If the juvenile fails to satisfactorily comply with the immediate

41intervention plan, the case shall be referred to a multidisciplinary team for

42review. The multidisciplinary team created pursuant to K.S.A. 38-2393,

43and amendments thereto, shall review the immediate intervention plan

1within seven days and may revise and extend such plan or terminate the

2case as successful. Such plan may be extended for no more than four

3additional months.

4(7) If the juvenile fails to satisfactorily comply with the revised plan

5developed pursuant to paragraph (6), the intake and assessment worker,

6court services officer or community corrections officer overseeing the

7immediate intervention shall refer the case to the county or district

8attorney for consideration.

9(c) The parent of a juvenile may be required to be a part of the

10immediate intervention program.

11(d) For all juveniles that have fewer than two prior adjudications, the

12county or district attorney shall review the case upon receipt of a

13complaint to determine if the case should be referred for immediate

14intervention or whether alternative means of adjudication should be

15designated pursuant to K.S.A. 38-2389, and amendments thereto. The

16county or district attorney shall consider any recommendation of a juvenile

17intake and assessment worker, court services officer or community

18corrections officer.

19(e) "Summons" means a written order issued by an intake and

20assessment worker or a law enforcement officer directing that a juvenile

21appear before a designated court at a stated time and place to answer a

22pending charge.

23(f) ~~A juvenile who is eligible for an immediate intervention shall not~~

24~~be denied participation in such a program or terminated unsuccessfully due~~

25~~to an inability to pay fees or other associated costs. Fees assessed from~~

26~~such a program shall be retained by the program and shall not be used for~~

27~~any purpose, except development and operation of the program~~ No fees

28or costs shall be imposed on a juvenile or a juvenile's parent, guardian or

29custodian for participation in an immediate intervention program. A

30juvenile who is otherwise eligible to participate in an immediate

31intervention program shall not be denied access to such program due to

32unpaid fees or costs.

33(g) If a juvenile substantially complies with an immediate

34intervention program, charges in such juvenile's case shall not be filed.

35(h) The policies and guidelines developed pursuant to subsection (a)

36shall adhere to standards and procedures for immediate intervention

37developed by the department of corrections pursuant to K.S.A. 38-2395,

38and amendments thereto, and be based on best practices.

39(i) Nothing in this section shall require a juvenile to participate in an

40immediate intervention program when the county or district attorney has

41declined to continue with prosecution of an alleged offense.

42Sec. 17. K.S.A. 38-2348 is hereby amended to read as follows: 38-

432348. (a) (1) For the purpose of this section, a person charged as a juvenile

1is incompetent for adjudication as a juvenile offender if, because of mental

2illness or defect, such person is unable to:

3~~(1)~~(A) Understand the nature and purpose of the proceedings; or

4~~(2)~~(B) make or assist in making a defense.

5(2) Whenever the words "competent," "competency," "incompetent"

6and "incompetency" are used without qualification in this code, such

7words shall refer to the standard for incompetency described in this

8subsection.

9(b) (1) If at any time after such person has been charged as a juvenile

10there is reason to believe that the juvenile is incompetent for adjudication

11as a juvenile offender, the proceedings shall be suspended and the court

12before whom the case is pending shall conduct a hearing to determine the

13competency of the juvenile. Such a hearing may be held upon the motion

14of the juvenile's attorney or the prosecuting attorney, or upon the court's

15own motion.

16(2) The court shall determine the issue of competency. To facilitate in

17this determination, the court may: (A) Appoint a licensed psychiatrist or

18psychologist to examine the juvenile; or (B) designate a private or public

19mental health facility to conduct a psychiatric or psychological

20examination and report to the court. If the examining psychiatrist,

21psychologist or private or public mental health facility determines that

22further examination is necessary, the court may commit the juvenile for not

23more than 60 days to any appropriate public or private institution for

24examination and report to the court. For good cause shown, the

25commitment may be extended for another 60 days. No statement made by

26the juvenile in the course of any examination provided for by this section,

27whether the examination is with or without the consent of the juvenile,

28shall be admitted in evidence against the juvenile in any hearing.

29(3) Unless the court finds the attendance of the juvenile would be

30injurious to the juvenile's health, the juvenile shall be present personally at

31all proceedings under this section.

32(c) If the juvenile is found to be competent, the proceedings which

33have been suspended shall be resumed.

34(d) If the juvenile is found to be incompetent, the juvenile shall

35remain subject to the jurisdiction of the court and shall be committed for

36evaluation and treatment pursuant to K.S.A. 38-2349 and 38-2350, and

37amendments thereto. ~~One or both parents of the juvenile may be~~ ~~ordered to~~

38~~pay child support pursuant to the Kansas child support guidelines.~~ Upon

39application of the juvenile and in the discretion of the court, the juvenile

40may be released to any appropriate private institution upon terms and

41conditions prescribed by the court.

42(e) If at any time after proceedings have been suspended under this

43section, there are reasonable grounds to believe that a juvenile who has

1been adjudged incompetent is now competent, the court in which the case

2is pending shall conduct a hearing to determine the juvenile's present

3mental condition. Reasonable notice of the hearings shall be given to the

4prosecuting attorney, the juvenile and the juvenile's attorney of record, if

5any. If the court, following the hearing, finds the juvenile to be competent,

6the pending proceedings shall be resumed.

7Sec. 18. K.S.A. 38-2360 is hereby amended to read as follows: 38-

82360. (a) At any time after the juvenile has been adjudicated to be a

9juvenile offender, the court shall order one or more of the tools described

10in this subsection to be submitted to assist the court unless the court finds

11that adequate and current information from a risk and needs assessment is

12available from a previous investigation, report or other sources:

13(1) An evaluation and written report by a mental health or a qualified

14professional stating the psychological or emotional development or needs

15of the juvenile. The court also may order a report from any mental health

16or qualified professional who has previously evaluated the juvenile stating

17the psychological or emotional development needs of the juvenile. If the

18court orders an evaluation as provided in this section, a parent of the

19juvenile shall have the right to obtain an independent evaluation at ~~the~~

20~~expense of~~ no cost to the parent. If the evaluation indicates that the

21juvenile requires acute inpatient mental health or substance abuse

22treatment, the court shall have the authority to compel an assessment by

23the secretary for aging and disability services. The court may use the

24results to inform a treatment ~~and payment~~ plan according to the same

25eligibility process used for non-court-involved youth. No juvenile or

26juvenile's parent, guardian or custodian shall be required to pay for

27treatment ordered by the court pursuant to this section.

28(2) A report of the medical condition and needs of the juvenile. The

29court also may order a report from any physician who has been attending

30the juvenile, stating the diagnosis, condition and treatment afforded the

31juvenile.

32(3) An educational needs assessment of the juvenile from the chief

33administrative officer of the school which the juvenile attends or attended

34to provide to the court information that is readily available which the

35school officials feel would properly indicate the educational needs of the

36juvenile. The educational needs assessment may include a meeting

37involving any of the following: (A) The juvenile's parents; (B) the

38juvenile's teacher or teachers; (C) the school psychologist; (D) a school

39special services representative; (E) a representative of the commissioner;

40(F) the juvenile's court appointed special advocate; (G) the juvenile's foster

41parents or legal guardian; and (H) other persons that the chief

42administrative officer of the school, or the officer's designee, deems

43appropriate.

1(4) Any other presentence investigation and report from a court

2services officer which includes: (A) The circumstances of the offense; (B)

3the attitude of the complainant, victim or the victim's family; (C) the

4record of juvenile offenses; (D) the social history of the juvenile; and (E)

5the present condition of the juvenile. Except where specifically prohibited

6by law, all local governmental public and private educational institutions

7and state agencies shall furnish to the officer conducting the

8predispositional investigation the records the officer requests.

9Predispositional investigations shall contain other information prescribed

10by the court.

11(5) The court in its discretion may direct that the parents submit a

12domestic relations affidavit.

13(b) A summary of the results from a risk and needs assessment shall

14be provided to the court post-adjudication, predisposition and used to

15inform supervision levels. A single, uniform risk and needs assessment

16shall be adopted by the office of judicial administration and the department

17of corrections to be used in all judicial districts. The office of judicial

18administration and the secretary of corrections shall establish cutoff scores

19determining risk levels of juveniles. Training on such risk and needs

20assessment shall be required for all administrators of the assessment. Data

21shall be collected on the results of the assessment to inform a validation

22study on the Kansas juvenile justice population to be conducted by June

2330, 2020.

24(c) Expenses and fees for ~~post adjudication~~ post-adjudication tools

25~~may be waived or~~, including the fees described in subsections (a)(1)

26through (a)(4), shall not be assessed ~~pursuant to K.S.A. 38-2314(c)(2), and~~

27~~amendments thereto~~ against a juvenile or a juvenile's parent, guardian or

28custodian.

29(d) Except as otherwise prohibited by law or policy, the court shall

30make any of the reports ordered pursuant to subsection (a) available to the

31attorneys and shall allow the attorneys a reasonable time to review the

32report before ordering the sentencing of the juvenile offender.

33(e) At any time prior to sentencing, the judge, at the request of a

34party, shall hear additional evidence as to proposals for reasonable and

35appropriate sentencing of the case.

36(f) If a juvenile is being held in detention, a dispositional hearing to

37sentence the juvenile offender shall take place within 45 days after such

38juvenile offender has been adjudicated.

39Sec. 19. K.S.A. 38-2361 is hereby amended to read as follows: 38-

402361. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-

412356, and amendments thereto, modification of sentence pursuant to

42K.S.A. 38-2367, and amendments thereto, or violation of a condition of

43sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court

1may impose one or more of the following sentencing alternatives for a

2fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments

3thereto.

4(1) Place the juvenile on probation for a fixed period pursuant to

5K.S.A. 38-2391, and amendments thereto, subject to terms and conditions

6the court deems appropriate consistent with juvenile justice programs in

7the community. Any juvenile placed on probation shall be supervised

8according to the juvenile's risk and needs as determined by a risk and

9needs assessment. Placement of juvenile offenders to community

10corrections for probation supervision shall be limited to offenders

11adjudicated for an offense that are determined to be moderate-risk, high-

12risk or very high-risk on a risk and needs assessment using the cutoff

13scores established by the secretary pursuant to K.S.A. 38-2360, and

14amendments thereto.

15(2) Order the juvenile to participate in a ~~community based~~

16community-based program available in such judicial district subject to the

17terms and conditions the court deems appropriate. No financial terms or

18conditions, including, but not limited to, payment of any costs or fees,

19shall be placed on the juvenile or the juvenile's parent, guardian or

20custodian for participation in such program. This alternative shall not be

21ordered with the alternative in paragraph ~~(11)~~ (9). ~~Requirements pertaining~~

22~~to child support may apply if custody is vested with other than a parent.~~

23(3) Place the juvenile in the custody of a parent or other suitable

24person, which is not a group home or other facility licensed pursuant to

25article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments

26thereto, subject to terms and conditions consistent with juvenile justice

27programs in the community. No financial terms or conditions, including,

28but not limited to, payment of any costs or fees, shall be placed on the

29juvenile or the juvenile's parent, guardian or custodian. This alternative

30shall not be ordered with the alternative in paragraph ~~(11)~~ (9).

31~~Requirements pertaining to child support may apply if custody is vested~~

32~~with other than a parent.~~

33(4) Order the juvenile to attend counseling, educational, mediation or

34other sessions, or to undergo a drug evaluation pursuant to subsection (b).

35(5) Suspend or restrict the juvenile's driver's license or privilege to

36operate a motor vehicle on the streets and highways of this state pursuant

37to subsection (c).

38(6) Order the juvenile to perform charitable or community service

39work.

40(7) Order the juvenile to make appropriate reparation or restitution

41pursuant to subsection (d).

42(8) ~~Order the juvenile to pay a fine not exceeding $1,000 pursuant to~~

43~~subsection (e).~~

1~~(9)~~ Place the juvenile under a house arrest program administered by

2the court pursuant to K.S.A. 21-6609, and amendments thereto, except that

3K.S.A. 21-6609(g), and amendments thereto, shall not apply. The juvenile

4and the juvenile's parent, guardian or custodian shall not be required to

5pay any costs or fees associated with house arrest, electronic monitoring

6or remote alcohol monitoring.

7~~(10) Place the juvenile in the custody of the secretary of corrections~~

8~~as provided in K.S.A. 38-2365, and amendments thereto. This alternative~~

9~~shall not be ordered with the alternative in paragraph (3) or (12). Except~~

10~~for mandatory drug and alcohol evaluation, when this alternative is~~

11~~ordered with alternatives in paragraphs (2), (4) and (9), such orders shall~~

12~~constitute a recommendation by the court. Requirements pertaining to~~

13~~child support shall apply under this alternative. The provisions of this~~

14~~paragraph shall expire on January 1, 2018.~~

15~~(11)~~(9) Upon a violation of a condition of sentence, other than a

16technical violation pursuant to K.S.A. 38-2368, and amendments thereto,

17commit the juvenile to detention for a period no longer than 30 days

18subject to the provisions of subsection (g).

19~~(12)~~(10) If the judge finds and enters into the written record that the

20juvenile poses a significant risk of harm to another or damage to property,

21and the juvenile is otherwise eligible for commitment pursuant to K.S.A.

2238-2369, and amendments thereto, commit the juvenile directly to the

23custody of the secretary of corrections for placement in a juvenile

24correctional facility or a youth residential facility. Placement in a youth

25residential facility shall only be permitted as authorized in K.S.A. 38-

262369(e), and amendments thereto. If the court elects, a period of

27conditional release pursuant to K.S.A. 38-2369, and amendments thereto,

28may also be ordered. The period of conditional release shall be limited to a

29maximum of six months and shall be subject to graduated responses.

30Twenty-one days prior to the juvenile's release from a juvenile correctional

31facility, the secretary of corrections or designee shall notify the court of the

32juvenile's anticipated release date. This alternative may be ordered with the

33alternative in paragraph (7). ~~Requirements pertaining to child support shall~~

34~~apply under this alternative.~~

35~~(13)~~(11) Upon a finding by the trier of fact during adjudication that a

36firearm was used in the commission of an offense by the accused which, if

37committed by an adult, would constitute a felony, a judge may commit the

38juvenile directly to the custody of the secretary of corrections for

39placement in a juvenile correctional facility or youth residential facility for

40a minimum term of six months and up to a maximum term of 18 months,

41regardless of the risk level of such juvenile as determined by a risk and

42needs assessment. If the juvenile is committed to the custody of the

43secretary, and the court elects, a period of conditional release, pursuant to

1K.S.A. 38-2369, and amendments thereto, may also be ordered. The period

2of conditional release shall be limited to a maximum of six months and

3shall be subject to graduated responses. Twenty-one days prior to the

4juvenile's release from a juvenile correctional facility or youth residential

5facility, the secretary of corrections or the secretary's designee shall notify

6the court of the juvenile's anticipated release date.

7(b) If the court orders the juvenile to attend counseling, educational,

8mediation or other sessions, or to undergo a drug and alcohol evaluation

9pursuant to subsection (a)(4), the following provisions apply:

10(1) The court may order the juvenile offender to participate in

11counseling or mediation sessions or a program of education, including

12placement in an alternative educational program approved by a local

13school board. The costs of any counseling or mediation ~~may~~ shall not be

14assessed as expenses in the case. No mental health center shall charge a fee

15for court-ordered counseling greater than what the center would have

16charged the person receiving the counseling if the person had requested

17counseling on the person's own initiative. No mediator shall charge a fee

18for court-ordered mediation greater than what the mediator would have

19charged the person participating in the mediation if the person had

20requested mediation on the person's own initiative. Mediation may include

21the victim but shall not be mandatory for the victim; and

22(2) if the juvenile has been adjudicated to be a juvenile by reason of a

23violation of a statute that makes such a requirement, the court shall order

24and, if adjudicated for any other offense, the court may order the juvenile

25to submit to and complete a drug and alcohol evaluation by a community-

26based drug and alcohol safety action program certified pursuant to K.S.A.

278-1008, and amendments thereto~~, and to pay a fee not to exceed the fee~~

28~~established by that statute for such evaluation~~. The court may waive the

29mandatory evaluation if the court finds that the juvenile completed a drug

30and alcohol evaluation, approved by the community-based alcohol and

31drug safety action program, within 12 months before sentencing. ~~If the~~

32~~evaluation occurred more~~ ~~than 12 months before sentencing, the court~~

33~~shall order the juvenile to resubmit to and complete the evaluation and~~

34~~program as provided herein. If the court finds that the juvenile and those~~

35~~legally liable for the juvenile's support are indigent, the court may waive~~

36~~the fee. In no event shall~~ The fee shall not be assessed against the secretary

37of corrections or the department of corrections nor shall the fee be

38assessed against the secretary of the department for children and families

39or the Kansas department for children and families if the juvenile is in the

40secretary's care, custody and control. The court shall not assess any fee for

41the evaluation or program, including, but not limited to, any ongoing

42required drug or alcohol testing, against the juvenile, the juvenile's parent,

43guardian or custodian.

1(c) If the court orders suspension or restriction of a juvenile offender's

2driver's license or privilege to operate a motor vehicle on the streets and

3highways of this state pursuant to subsection (a)(5), the following

4provisions apply:

5(1) The duration of the suspension ordered by the court shall be for a

6definite time period to be determined by the court. Upon suspension of a

7license pursuant to this subsection, the court shall require the juvenile

8offender to surrender the license to the court. The court shall transmit the

9license to the division of motor vehicles of the department of revenue, to

10be retained until the period of suspension expires. At that time, the licensee

11may apply to the division for return of the license. If the license has

12expired, the juvenile offender may apply for a new license, which shall be

13issued promptly upon payment of the proper fee and satisfaction of other

14conditions established by law for obtaining a license unless another

15suspension or revocation of the juvenile offender's privilege to operate a

16motor vehicle is in effect. As used in this subsection, "highway" and

17"street" ~~have the meanings provided by~~ mean the same as defined in

18K.S.A. 8-1424 and 8-1473, and amendments thereto. Any juvenile

19offender who does not have a driver's license may have driving privileges

20revoked. No Kansas driver's license shall be issued to a juvenile offender

21whose driving privileges have been revoked pursuant to this section for a

22definite time period to be determined by the court; and

23(2) in lieu of suspending a juvenile offender's driver's license or

24privilege to operate a motor vehicle on the highways of this state, the court

25may enter an order which places conditions on the juvenile offender's

26privilege of operating a motor vehicle on the streets and highways of this

27state, a certified copy of which the juvenile offender shall be required to

28carry any time the juvenile offender is operating a motor vehicle on the

29streets and highways of this state. The order shall prescribe a definite time

30period for the conditions imposed. Upon entering an order restricting a

31juvenile offender's license, the court shall require the juvenile offender to

32surrender such juvenile offender's license to the court. The court shall

33transmit the license to the division of vehicles, together with a copy of the

34order. Upon receipt thereof, the division of vehicles shall issue without

35charge a driver's license which shall indicate on its face that conditions

36have been imposed on the juvenile offender's privilege of operating a

37motor vehicle and that a certified copy of the order imposing the

38conditions is required to be carried by the juvenile offender when

39operating a motor vehicle on the streets and highways of this state. If the

40juvenile offender is a nonresident, the court shall cause a copy of the order

41to be transmitted to the division and the division shall forward a copy of it

42to the motor vehicle administrator of the juvenile offender's state of

43issuance. The court shall furnish to any juvenile offender whose driver's

1license has had conditions imposed on it under this section a copy of the

2order, which shall be recognized as a valid Kansas driver's license until the

3division issues the restricted license provided for in this subsection. Upon

4expiration of the period of time for which conditions are imposed pursuant

5to this subsection, the juvenile offender may apply to the division for the

6return of the license previously surrendered by the juvenile offender. In the

7event the license has expired, the juvenile offender may apply to the

8division for a new license, which shall be issued immediately by the

9division upon payment of the proper fee and satisfaction of the other

10conditions established by law unless such juvenile offender's privilege to

11operate a motor vehicle on the streets and highways of this state has been

12suspended or revoked prior thereto. If any juvenile offender violates any of

13the conditions imposed under this subsection, the juvenile offender's

14driver's license or privilege to operate a motor vehicle on the streets and

15highways of this state shall be revoked for a period as determined by the

16court in which the juvenile offender is convicted of violating such

17conditions.

18(d) The following provisions apply to the court's determination of

19whether to order reparation or restitution pursuant to subsection (a)(7):

20(1) The court shall order the juvenile to make reparation or restitution

21to the aggrieved party for the damage or loss caused by the juvenile

22offender's offense unless it finds compelling circumstances that would

23render a plan of reparation or restitution unworkable. If the court finds

24compelling circumstances that would render a plan of reparation or

25restitution unworkable, the court shall enter such findings with

26particularity on the record. In lieu of reparation or restitution, the court

27may order the juvenile to perform charitable or social service for

28organizations performing services for the community; and

29(2) restitution may include, but shall not be limited to, the amount of

30damage or loss caused by the juvenile's offense. Restitution may be made

31by payment of an amount fixed by the court or by working for the parties

32sustaining loss in the manner ordered by the court. An order of monetary

33restitution shall be a judgment against the juvenile that may be collected

34by the court by garnishment or other execution as on judgments in civil

35cases. Such judgment shall not be affected by the termination of the court's

36jurisdiction over the juvenile offender.

37(e) ~~If the court imposes a fine pursuant to subsection (a)(8), the~~

38~~following provisions apply:~~

39~~(1) The amount of the fine may not exceed $1,000 for each offense.~~

40~~The amount of the fine should be related to the seriousness of the offense~~

41~~and the juvenile's ability to pay. Payment of a fine may be required in a~~

42~~lump sum or installments;~~

43~~(2) in determining whether to impose a fine and the amount to be~~

1~~imposed, the court shall consider that imposition of a fine is most~~

2~~appropriate in cases where the juvenile has derived pecuniary gain from~~

3~~the offense and that imposition of a restitution order is preferable to~~

4~~imposition of a fine; and~~

5~~(3) any fine imposed by court shall be a judgment against the juvenile~~

6~~that may be collected by the court by garnishment or other execution as on~~

7~~judgments in civil cases. Such judgment shall not be affected by the~~

8~~termination of the court's jurisdiction over the juvenile.~~

9~~(f)~~ Before the court sentences a juvenile offender pursuant to

10subsection (a), the court shall administer a risk assessment tool, as

11described in K.S.A. 38-2360, and amendments thereto, or review a risk

12assessment tool that was administered within the past six months to the

13juvenile and use the results of that assessment to inform orders made

14pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.

15~~(g)~~(f) If the court commits the juvenile to detention pursuant to

16subsection ~~(a)(11)~~ (a)(9), the following provisions shall apply:

17(1) The court shall only order commitment to detention upon

18violation of sentencing conditions where all other alternatives have been

19exhausted. The court shall not order commitment to detention for

20nonpayment of any fine, fee cost or restitution, including in cases where

21nonpayment constitutes a violation of sentencing conditions.

22(2) In order to commit a juvenile to detention upon violation of

23sentencing conditions, the court shall find that the juvenile poses a

24significant risk of harm to another or damage to property, is charged with a

25new felony offense, or violates conditional release. No such finding shall

26be based in whole or in part on:

27(A) Nonpayment of fines, fees, costs or other financial obligations by

28the juvenile, the juvenile's parent, guardian or custodian; or

29(B) a juvenile's noncompliance with any sentencing condition that

30would require a juvenile or a juvenile's parent, guardian or custodian to

31pay money in order to comply.

32(3) The court shall not order commitment to detention upon

33adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and

34amendments thereto, for solely technical violations of probation, contempt,

35a violation of a valid court order, to protect from self-harm or due to any

36state or county failure to find adequate alternatives.

37(4) Cumulative detention use shall be limited to a maximum of 45

38days over the course of a juvenile offender's case pursuant to K.S.A. 38-

392391, and amendments thereto. The court shall review any detention

40commitment every seven days and may shorten the initial commitment or

41extend the commitment. In no case, however, may the term of detention or

42any extension thereof exceed the cumulative detention limit of 45 days or

43the overall case length limit.

1(5) A juvenile over 18 years of age and less than 23 years of age at

2sentencing shall be committed to a county jail, in lieu of a juvenile

3detention center, under the same time restrictions imposed by paragraph

4(1), but shall not be committed to or confined in a juvenile detention

5facility.

6~~(h)~~(g) Any order issued by the judge pursuant to this section shall be

7in effect immediately upon entry into the court's minutes.

8~~(i)~~(h) In addition to the requirements of K.S.A. 38-2373, and

9amendments thereto, if a person is under 18 years of age and convicted of

10a felony or adjudicated as a juvenile offender for an offense if committed

11by an adult would constitute the commission of a felony, the court shall

12forward a signed copy of the journal entry to the secretary of corrections

13within 30 days of final disposition.

14~~(j)~~(i) Except as further provided, if a juvenile has been adjudged to be

15a juvenile offender for an offense which, if committed by an adult would

16constitute the commission of: (1) Aggravated human trafficking, as defined

17in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14

18years of age; (2) rape, as defined in K.S.A. 21-5503(a)(3), and

19amendments thereto; (3) aggravated indecent liberties with a child, as

20defined in K.S.A. 21-5506(b)(3), and amendments thereto; (4) aggravated

21criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (b)(2), and

22amendments thereto; (5) commercial sexual exploitation of a child, as

23defined in K.S.A. 21-6422, and amendments thereto, if the victim is less

24than 14 years of age; (6) sexual exploitation of a child, as defined in

25K.S.A. 21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is

26less than 14 years of age; or (7) an attempt, conspiracy or criminal

27solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and

28amendments thereto, of an offense defined in paragraphs (1) through (6);

29the court shall issue an order prohibiting the juvenile from attending the

30attendance center that the victim of the offense attends. If only one

31attendance center exists, for which the victim and juvenile are eligible to

32attend, in the school district where the victim and the juvenile reside, the

33court shall hear testimony and take evidence from the victim, the juvenile,

34their families and a representative of the school district as to why the

35juvenile should or should not be allowed to remain at the attendance center

36attended by the victim. After such hearing, the court may issue an order

37prohibiting the juvenile from attending the attendance center that the

38victim of the offense attends.

39~~(k)~~(j) The court may order a short-term alternative placement of a

40juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic

41foster home or community integration program if:

42(1) Such juvenile has been adjudicated to be a juvenile offender for

43an offense which, if committed by an adult would constitute the

1commission of:

2(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b),

3and amendments thereto, if the victim is less than 14 years of age;

4(B) rape, as defined in K.S.A. 21-5503, and amendments thereto;

5(C) commercial sexual exploitation of a child, as defined in K.S.A.

621-6422, and amendments thereto, if the victim is less than 14 years of

7age;

8(D) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1)

9or (a)(4), and amendments thereto, if the victim is less than 14 years of

10age;

11(E) aggravated indecent liberties with a child, as defined in K.S.A.

1221-5506, and amendments thereto, if the victim is less than 14 years of

13age; or

14(F) an attempt, conspiracy or criminal solicitation, as defined in

15K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an

16offense defined in paragraphs (1) through (4); and

17(2) (A) the victim resides in the same home as the juvenile offender;

18(B) a community supervision officer in consultation with the

19department for children and families determines that an adequate safety

20plan, which shall include the physical and psychological well-being of the

21victim, cannot be developed to keep the juvenile in the same home; and

22(C) there are no relevant child in need of care issues that would

23permit a case to be filed under the Kansas code for care of children.

24The presumptive term of commitment shall not extend beyond the

25overall case length limit but may be modified pursuant to K.S.A. 38-2367

26and 38-2397, and amendments thereto. If a child is placed outside the

27child's home at the dispositional hearing pursuant to this subsection and no

28reintegration plan is made a part of the record of the hearing, a written

29reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and

30amendments thereto, and submitted to the court within 15 days of the

31initial order of the court.

32~~(l)~~(k) The sentencing hearing shall be open to the public as provided

33in K.S.A. 38-2353, and amendments thereto.

34~~(m)~~(l) The overall case length limit shall be calculated by the court

35and entered into the written record when one or more of the sentencing

36options under this section are imposed. The period fixed by the court

37pursuant to subsection (a) shall not extend beyond the overall case length

38limit.

39Sec. 20. K.S.A. 38-2362 is hereby amended to read as follows: 38-

402362. (a) When sentencing a juvenile offender, the court may order a

41juvenile offender's parent to participate in any evidence-based program

42designed to rehabilitate the juvenile, including, but not limited to: (1)

43Counseling, mediation sessions or an alcohol and drug evaluation and

1treatment program ordered as part of the juvenile offender's sentence under

2K.S.A. 38-2361, and amendments thereto; or (2) parenting classes.

3(1) Upon entering an order requiring a juvenile offender's parent to

4attend counseling sessions or mediation, the court shall give the parent

5notice of the order. The notice shall inform the parent of the parent's right

6to request a hearing within 14 days after entry of the order and the parent's

7right to employ an attorney to represent the parent at the hearing or, if the

8parent is financially unable to employ an attorney, the parent's right to

9request the court to appoint an attorney to represent the parent.

10(2) If the parent does not request a hearing within 14 days after entry

11of the order, the order shall take effect at that time.

12(3) If the parent requests a hearing, the court shall set the matter for

13hearing and, if requested, shall appoint an attorney to represent the parent.

14The expense and fees of the appointed attorney may be allowed and

15assessed as provided by K.S.A. 38-2306, and amendments thereto.

16(b) ~~In addition to any other orders provided for by this section,~~ The

17parent of a juvenile offender ~~may~~ shall not be held responsible for the

18costs of sanctions, including, but not limited to, the cost of a house arrest

19program, any evidence-based program ordered under subsection (a), any

20parenting class ordered under subsection (a) or the support of the juvenile

21offender ~~as follows:~~

22~~(1) The board of county commissioners of a county may provide by~~

23~~resolution that the parent of any juvenile offender placed under a house~~

24~~arrest program pursuant to subsection (a)(9) of K.S.A. 38-2361, and~~

25~~amendments thereto, shall be required to pay to the county the cost of such~~

26~~house arrest program. The board of county commissioners shall prepare a~~

27~~sliding financial scale based on the ability of the parent to pay for such a~~

28~~program.~~

29~~(2) If child support has been requested and a parent has a duty to~~

30~~support the juvenile offender, the court may order, and when custody is~~

31~~placed with the commissioner shall order, one~~ ~~or both parents to pay child~~

32~~support. The court shall determine, for each parent separately, whether the~~

33~~parent already is subject to an order to pay support for the juvenile. If the~~

34~~parent currently is not ordered to pay support for the juvenile and the court~~

35~~has personal jurisdiction over the parent, the court shall order the parent to~~

36~~pay child support in an amount determined under K.S.A. 38-2319, and~~

37~~amendments thereto. Except for good cause shown, the court shall issue an~~

38~~immediate income withholding order pursuant to K.S.A. 23-3101 et seq.,~~

39~~and amendments thereto, for each parent ordered to pay support under this~~

40~~subsection, regardless of whether a payor has been identified for the~~

41~~parent. A parent ordered to pay child support under this subsection shall be~~

42~~notified, at the hearing or otherwise, that the child support order may be~~

43~~registered pursuant to K.S.A. 38-2321, and amendments thereto. The~~

1~~parent also shall be informed that, after registration, the income~~

2~~withholding order may be served on the parent's employer without further~~

3~~notice to the parent and the child support order may be enforced by any~~

4~~method allowed by law. Failure to provide this notice shall not affect the~~

5~~validity of the child support order~~ when placed out of the home.

6Sec. 21. K.S.A. 38-2369 is hereby amended to read as follows: 38-

72369. (a) Except as provided in subsection (e) and K.S.A. 38-2361~~(a)(13)~~

8(a)(11), for the purpose of committing juvenile offenders to a juvenile

9correctional facility, upon a finding by the judge entered into the written

10order that the juvenile poses a significant risk of harm to another or

11damage to property, the following placements shall be applied by the judge

12in the cases specified in this subsection. If used, the court shall establish a

13specific term of commitment as specified in this subsection. The term of

14commitment established by the court shall not exceed the overall case

15length limit. Before a juvenile offender is committed to a juvenile

16correctional facility pursuant to this section, the court shall administer a

17risk assessment tool, as described in K.S.A. 38-2360, and amendments

18thereto, or review a risk assessment tool that was administered within the

19past six months to the juvenile.

20(1) Violent Offenders. (A) The violent offender I is defined as an

21offender adjudicated as a juvenile offender for an offense which, if

22committed by an adult, would constitute an off-grid felony. Offenders in

23this category may be committed to a juvenile correctional facility for a

24minimum term of 60 months and up to a maximum term of the offender

25reaching the age of 22 years, six months. The aftercare term for this

26offender is set at a minimum term of six months and up to a maximum

27term of the offender reaching the age of 23 years.

28(B) The violent offender II is defined as an offender adjudicated as a

29juvenile offender for an offense which, if committed by an adult, would

30constitute a nondrug severity level 1, 2 or 3 felony. Offenders in this

31category may be committed to a juvenile correctional facility for a

32minimum term of 24 months and up to a maximum term of the offender

33reaching the age of 22 years, six months. The aftercare term for this

34offender is set at a minimum term of six months and up to a maximum

35term of the offender reaching the age of 23 years.

36(2) Serious Offenders. (A) The serious offender I is defined as an

37offender adjudicated as a juvenile offender for an offense which, if

38committed by an adult, would constitute a nondrug severity level 4, person

39felony.

40Offenders in this category may be committed to a juvenile correctional

41facility for a minimum term of 18 months and up to a maximum term of 36

42months. The aftercare term for this offender is set at a minimum term of

43six months and up to a maximum term of 24 months.

1(B) The serious offender II is defined as an offender adjudicated as a

2juvenile offender for an offense:

3(i) Committed prior to July 1, 2012, which, if committed by an adult

4prior to July 1, 2012, would constitute a drug severity level 1 or 2 felony;

5or

6(ii) committed on or after July 1, 2012, which, if committed by an

7adult on or after July 1, 2012, would constitute a drug severity level 1, 2 or

83 felony or a nondrug severity level 5 or 6 person felony.

9Offenders in this category may be committed to a juvenile correctional

10facility for a minimum term of nine months and up to a maximum term of

1118 months.

12(C) The serious offender III is defined as an offender adjudicated as a

13juvenile offender for an offense which, if committed by an adult, would

14constitute a nondrug severity level 7, 8, 9 or 10 person felony with one

15prior felony adjudication. Offenders in this category may only be

16committed to a juvenile correctional facility if such offenders are assessed

17as high-risk on a risk and needs assessment. Offenders in this category

18may be committed to a juvenile correctional facility for a minimum term

19of six months and up to a maximum term of 12 months.

20(3) Chronic Offenders. (A) The chronic offender I, chronic felon is

21defined as an offender adjudicated as a juvenile offender for an offense:

22(i) Which, if committed by an adult, would constitute one present

23nonperson felony adjudication and two prior felony adjudications;

24(ii) committed prior to July 1, 2012, which, if committed by an adult

25prior to July 1, 2012, would constitute one present drug severity level 3

26felony adjudication and two prior felony adjudications; or

27(iii) committed on or after July 1, 2012, which, if committed by an

28adult on or after July 1, 2012, would constitute one present drug severity

29level 4 felony adjudication and two prior felony adjudications.

30Offenders in this category may only be committed to a juvenile

31correctional facility if such offenders are assessed as high-risk on a risk

32and needs assessment. Offenders in this category may be committed to a

33juvenile correctional facility for a minimum term of six months and up to a

34maximum term of 12 months.

35(b) Conditional Release. If the court elects, a period of conditional

36release may also be ordered pursuant to K.S.A. 38-2361, and amendments

37thereto. The period of conditional release shall be limited to a maximum of

38six months and shall be subject to graduated responses. The presumption

39upon release shall be a return to the juvenile's home, unless the case plan

40developed pursuant to K.S.A. 38-2373, and amendments thereto,

41recommends a different reentry plan.

42(1) Upon finding the juvenile violated a requirement or requirements

43of conditional release, the court may enter one or more of the following

1orders:

2(A) Recommend additional conditions be added to those of the

3existing conditional release.

4(B) Order the offender to serve a period of detention pursuant to

5K.S.A. 38-2361~~(g)~~(f), and amendments thereto.

6(C) Revoke or restrict the juvenile's driving privileges as described in

7K.S.A. 38-2361(c), and amendments thereto.

8(2) Discharge the offender from the custody of the secretary of

9corrections, release the secretary of corrections from further

10responsibilities in the case and enter any other appropriate orders.

11(c) As used in this section "adjudication" includes out-of-state

12juvenile adjudications. An out-of-state offense, which if committed by an

13adult would constitute the commission of a felony or misdemeanor, shall

14be classified as either a felony or a misdemeanor according to the

15adjudicating jurisdiction. If an offense which if committed by an adult

16would constitute the commission of a felony is a felony in another state, it

17will be deemed a felony in Kansas. The state of Kansas shall classify the

18offense, which if committed by an adult would constitute the commission

19of a felony or misdemeanor, as person or nonperson. In designating such

20offense as person or nonperson, reference to comparable offenses shall be

21made. If the state of Kansas does not have a comparable offense, the out-

22of-state adjudication shall be classified as a nonperson offense.

23(d) The secretary of corrections shall work with the community to

24provide on-going support and incentives for the development of additional

25evidence-based community practices and programs to ensure that the

26juvenile correctional facility is not frequently utilized.

27(e) There shall be a rebuttable presumption that all offenders in the

28chronic offender category and offenders at least 10 years of age but less

29than 14 years of age in the serious offender II or III category, shall be

30placed in the custody of the secretary for placement in a youth residential

31facility in lieu of placement in the juvenile correctional facility. This

32presumption may be rebutted by a finding on the record that the juvenile

33offender poses a significant risk of physical harm to another.

34Sec. 22. K.S.A. 38-2373 is hereby amended to read as follows: 38-

352373. (a) Actions by the court. (1) When a juvenile offender has been

36committed to a juvenile correctional facility, the clerk of the court shall

37promptly notify the secretary of corrections of the commitment and

38provide the secretary with a certified copy of the complaint, the journal

39entry of the adjudication and sentencing. The court shall provide those

40items from the social file which could relate to a rehabilitative program. If

41the court wishes to recommend placement of the juvenile offender in a

42specific juvenile correctional facility, the recommendation shall be

43included in the sentence. After the court has received notice of the juvenile

1correctional facility designated as provided in subsection (b), it shall be the

2duty of the court or the sheriff of the county to deliver the juvenile

3offender to the facility at the time designated by the secretary.

4(2) When a juvenile offender is residing in a juvenile correctional

5facility and is required to go back to court for any reason, the county

6demanding the juvenile's presence shall be responsible for transportation,

7detention, custody and control of such offender. In these cases, the county

8sheriff shall be responsible for all transportation, detention, custody and

9control of such offender.

10(b) Actions by the secretary. (1) Within three days, excluding

11Saturdays, Sundays and legal holidays, after receiving notice of

12commitment as provided in subsection (a), the secretary shall notify the

13committing court of the facility to which the juvenile offender should be

14conveyed, and when to effect the immediate transfer of custody and

15control to the department of corrections. The date of admission shall be no

16more than five days, excluding Saturdays, Sundays and legal holidays,

17after the notice to the committing court. Until received at the designated

18facility, the continuing detention, custody, and control of and transport for

19a juvenile offender sentenced to a direct commitment to a juvenile

20correctional facility shall be the responsibility of the committing county.

21(2) Except as provided by K.S.A. 38-2332, and amendments thereto,

22the secretary may make any temporary out-of-home placement the

23secretary deems appropriate pending placement of the juvenile offender in

24a juvenile correctional facility, and the secretary shall notify the court,

25local law enforcement agency and school district in which the juvenile will

26be residing if the juvenile is still required to attend a secondary school of

27that placement.

28(c) Transfers. During the time a juvenile offender remains committed

29to a juvenile correctional facility, the secretary may transfer the juvenile

30offender from one juvenile correctional facility to another.

31(d) Case planning. For all juveniles committed to a juvenile

32correctional facility pursuant to K.S.A. 38-2361~~(a)(11)~~(a)(10), and

33amendments thereto, a case plan shall be developed with input from the

34juvenile and the juvenile's family. For all those committed upon violation

35of a condition of sentence pursuant to K.S.A. 38-2368, and amendments

36thereto, the case plan developed with the juvenile's community supervision

37officer shall be revised to reflect the new disposition. The department for

38children and families, the local school district in which the juvenile

39offender will be residing and community supervision officers may also

40participate in the development or revision of the case plan when

41appropriate. The case plan shall incorporate the results of the risk and

42needs assessment, the programs and education to complete while in

43custody and shall clearly define the role of each person or agency working

1with the juvenile. The case plan shall include a reentry section, detailing

2services, education, supervision or any other elements necessary for a

3successful transition. The reentry section of the case plan shall also include

4information on reintegration of the juvenile into such juvenile's family or,

5if reintegration is not a viable alternative, another viable release option. If

6the juvenile is to be placed on conditional release pursuant to K.S.A. 38-

72369, the case plan shall be developed with the community supervision

8officer.

9Sec. 23. K.S.A. 38-2384 is hereby amended to read as follows: 38-

102384. When an appeal is taken pursuant to this code, fees of an attorney

11appointed to represent the juvenile offender shall be fixed by the district

12court. The fees, together with the costs of transcripts and records on

13appeal, shall be ~~taxed as expenses on appeal~~ paid from the county general

14fund and shall not be subject to reimbursement by the juvenile or the

15juvenile's parent, guardian or custodian. ~~The court on appeal may assess~~

16~~the fees and expenses against the appealing party or~~ ~~order that they be paid~~

17~~from the county general fund. When the court orders the fees and expenses~~

18~~assessed against the appealing party:~~

19~~(a) The fees and expenses shall be paid from the county general fund,~~

20~~subject to reimbursement by the appealing party; and~~

21~~(b) the county may enforce the order as a civil judgment, except the~~

22~~county shall not be required to pay the docket fee or fee for execution.~~

23Sec. 24. K.S.A. 38-2389 is hereby amended to read as follows: 38-

242389. (a) Findings and purpose. The following findings and declaration of

25purpose apply to this section.

26(1) The legislature finds that personal and familial circumstances may

27contribute to the commission of offenses by juveniles who represent a

28minimal threat to public safety and that in such cases it would further the

29interests of society and the juvenile to take an approach to adjudication

30that combines less formal procedures, appropriate disciplinary sanctions

31for misconduct and the provision of necessary services.

32(2) It is the purpose of this section to provide prosecutors with an

33alternative means of adjudication for juvenile offenders who present a

34minimal threat to public safety and both the juvenile and society would

35benefit from such approach.

36(b) Designation. A county or district attorney with jurisdiction over

37the offense who believes that proceedings under this section are

38appropriate may, in such county or district attorney's discretion, designate

39any alleged juvenile offender for adjudication under this section and not

40seek application of a placement within the placement matrix pursuant to

41K.S.A. 38-2369, and amendments thereto, if the alleged juvenile has fewer

42than two prior adjudications.

43(1) The county or district attorney shall make such designation in the

1original complaint or by written notice filed with the court and served on

2the juvenile, the juvenile's counsel and the juvenile's parent or legal

3guardian within 14 days after the filing of the complaint.

4(2) The filing of a written application for immediate intervention

5under K.S.A. 38-2346, and amendments thereto, shall toll the running of

6the 14-day period and shall resume upon the issuance of a written denial of

7diversion.

8(3) If the county or district attorney makes such designation, the

9juvenile may be referred to an immediate intervention program established

10pursuant to K.S.A. 38-2346, and amendments thereto, and in compliance

11with the standards and procedures developed pursuant to K.S.A. 38-2396,

12and amendments thereto.

13(c) Exceptions. Except as provided in this subsection, the provisions

14of the revised Kansas juvenile justice code, K.S.A. 38-2301 et seq., and

15amendments thereto, shall apply in any adjudication under this section.

16(1) If during the proceedings the court determines that there is

17probable cause to believe that the juvenile is a child in need of care as

18defined by K.S.A. 38-2202, and amendments thereto, the court shall refer

19the matter to the county or district attorney, who shall file a petition as

20provided in K.S.A. 38-2234, and amendments thereto, and refer the family

21to the Kansas department for children and families for services. If the child

22in need of care case is presided over by a different judge, the county or

23district attorney shall notify the court presiding over the proceedings under

24this section of pertinent orders entered in the child in need of care case.

25(2) Notwithstanding any other provision of law, no juvenile shall be

26committed to a juvenile correctional facility pursuant to K.S.A. 38-2361~~(a)~~

27~~(11)~~(a)(10), and amendments thereto, for an offense adjudicated under this

28section or for the violation of a term or condition of the disposition for

29such an offense.

30(3) Notwithstanding any other provision of law, no adjudication under

31this section or violation of the terms and conditions of the disposition shall

32be used against the juvenile in a proceeding on a subsequent offense

33committed as a juvenile or as an adult. For purposes of this section, ''used

34against the juvenile'' includes, but is not limited to, establishing an element

35of a subsequent offense, raising the severity level of a subsequent offense

36or enhancing the sentence for a subsequent offense.

37(4) Upon completion of the case and the termination of the court's

38jurisdiction, the court shall order the adjudication expunged, and the

39provisions of K.S.A. 38-2312(a), (b), (c), (d), (e), (i), (k) and (l), and

40amendments thereto, shall not apply to such expungement.

41(5) Notwithstanding any other provision of law, a juvenile shall not

42be required to register as an offender under the Kansas offender

43registration act, K.S.A. 22-4901 et seq., and amendments thereto, as a

1result of adjudication under this section.

2(6) The provisions of K.S.A. 38-2309 and 38-2310, and amendments

3thereto, shall not apply to proceedings under this section.

4(7) The provisions of K.S.A. 38-2347, and amendments thereto, shall

5not apply to proceedings under this section.

6(8) The provisions of K.S.A. 38-2304(g)(1), and amendments thereto,

7shall not apply to proceedings under this section.

8(9) The trial of offenses under this section shall be to the court and

9the right to a trial by jury under K.S.A. 38-2357, and amendments thereto,

10shall not apply.

11(d) Withdrawal. At any time prior to the beginning of a hearing at

12which the court may enter an order adjudicating the child as a juvenile

13offender, the county or district attorney may withdraw the designation for

14proceedings under this section by providing notice to the court, the

15juvenile, the juvenile's attorney and guardian ad litem, if any, and the

16juvenile's parent or legal guardian. Upon withdrawal of the designation,

17this section shall no longer apply and the case shall proceed and the court

18shall grant a continuance upon request.

19(e) Appeal. An adjudication under this section is an appealable order

20pursuant to K.S.A. 38-2380, and amendments thereto.

21(f) This section shall be part of and supplemental to the revised

22Kansas juvenile justice code.

23Sec. 25. K.S.A. 38-2396 is hereby amended to read as follows: 38-

242396. (a) When a juvenile is placed outside the juvenile's home at a

25dispositional hearing pursuant to K.S.A. 38-2361~~(k)~~(j), and amendments

26thereto, and no reintegration plan is made a part of the record of the

27hearing, a written reintegration plan shall be prepared and submitted to the

28court within 15 days of the initial order of the court.

29(b) The plan shall be prepared by the person who has custody or, if

30directed by the court, by a community supervision officer.

31(c) If there is a lack of agreement among persons necessary for the

32success of the plan, the person or entity having custody of the child shall

33notify the court, and the court shall set a hearing pursuant to K.S.A. 38-

342367, and amendments thereto.

35(d) This section shall be a part of and supplemental to the revised

36Kansas juvenile justice code.

37~~(e) This section shall take effect on and after July 1, 2017.~~

38Sec. 26. K.S.A. 38-2399 is hereby amended to read as follows: 38-

392399. (a) The secretary of corrections may contract for use of not more

40than 50 non-foster home beds in youth residential facilities for placement

41of juvenile offenders pursuant to K.S.A. 38-2361~~(a)(13)~~(a)(11), and

42amendments thereto.

43(b) When contracting for services, the secretary shall:

1(1) Contract with facilities that have high success rates and decrease

2recidivism rates for juvenile offenders;

3(2) consider contracting for bed space across the entire state to lower

4the cost of transportation of juvenile offenders; and

5(3) give priority to existing facilities that are able to meet the

6requirements of the secretary for providing residential services to juvenile

7offenders.

8(c) This section shall take effect on and after January 1, 2018.

9Sec. 27. K.S.A. 75-724 is hereby amended to read as follows: 75-724.

10(a) Any person convicted ~~or adjudicated~~ of an offense that, pursuant to

11K.S.A. 21-2511, and amendments thereto, requires submission of a DNA

12sample upon arrest, charging or placement in custody, shall pay a separate

13court cost of $200 as a Kansas bureau of investigation DNA database fee

14upon conviction ~~or adjudication~~.

15(b) The court shall order such fees regardless of whether the person's

16DNA sample was already on file with the Kansas bureau of investigation

17at the time such person was arrested, charged or placed in custody, unless

18the person can prove to the court that the person: (1) Has paid such fees in

19connection with a prior conviction or adjudication; and (2) did not submit

20specimens of blood or an oral or other biological sample authorized by the

21Kansas bureau of investigation to the Kansas bureau of investigation for

22the current offense of conviction ~~or adjudication~~.

23(c) The court shall not lessen or waive such fees unless the court has

24determined such person is indigent and the basis for the court's

25determination is reflected in the court's order.

26(d) Such fees shall be in addition to and not in substitution for any

27and all fines and penalties otherwise provided for by law for such offense.

28(e) Disbursements from the Kansas bureau of investigation DNA

29database fee deposited into the DNA database fee fund of the Kansas

30bureau of investigation shall be made for the following:

31(1) Providing DNA laboratory services;

32(2) the purchase and maintenance of equipment for use by the

33laboratory in performing DNA analysis; and

34(3) education, training and scientific development of Kansas bureau

35of investigation personnel regarding DNA analysis.

36(f) Expenditures from the DNA database fee fund shall be made upon

37warrants of the director of accounts and reports issued pursuant to

38vouchers approved by the attorney general or by a person or persons

39designated by the attorney general.

40(g) All fees shall be remitted to the state treasurer in accordance with

41the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt

42of each such remittance, the state treasurer shall deposit the entire amount

43in the state treasury to the credit of the DNA database fee fund, which is

1hereby established in the state treasury.

2(h) Fees received into this fund shall be supplemental to regular

3appropriations to the Kansas bureau of investigation.

4(i) The fee required by this section shall not be assessed to a juvenile

5who is being adjudicated as a juvenile offender for an offense that requires

6submission of a DNA sample or to such juvenile's parent, guardian or

7custodian.

8Sec. 28. K.S.A. 12-16,119, 20-167, 20-3129, 21-6609, 22-4905, 28-

9170, 28-170a, 28-176, 38-2306, 38-2312, 38-2314, 38-2315, 38-2317, 38-

102319, 38-2321, 38-2322, 38-2324, 38-2328, 38-2331, 38-2346, 38-2348,

1138-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-2384, 38-2389, 38-

122396, 38-2399 and 75-724 and K.S.A. 2024 Supp. 28-177 are hereby

13repealed.

14Sec. 29. This act shall take effect and be in force from and after its

15publication in the statute book.